At the end of 2018, Belgium finally implemented the European Single Permit Directive of 2011 (Directive), stipulating that third-country nationals can apply for a work and residence permit in one application procedure.
The delay in implementing this directive stems from the complex division of competences within Belgium — the federal state is responsible for immigration while the three regions are responsible for the working aspects within their territory. A cooperation agreement between these different authorities was needed to properly implement the directive. A cooperation agreement concerning the single permit entered into force on 24 December 2018.
As a result, the Belgian immigration landscape has significantly changed and become considerably more complex because each region implemented new rules governing the working aspects of the procedure (previously the same legal framework was applicable in all three regions). Depending on the competent region (as determined by the aforementioned cascade mechanism provided in the cooperation agreement), different rules will apply.
As a result, various types of work permits that existed for students and refugees, among others, will disappear. In addition, a number of categories of previously exempted foreign employees now have to go through the combined application procedure (e.g., researchers).
In 2019, the implementation of this new legal framework revealed some practical issues. In particular, the significant processing time needed to obtain a single permit. In early 2020, a number of administrative measures were taken in response to these problems, among them the simplification of the administrative process: in the event of a positive decision, the Immigration Office only sends one document, namely the decision to issue the single permit (Annex 46 or 47). In the event of renewal of the single permit, the employee is able to obtain a temporary residence permit from the municipality based on a positive decision from the region with regard to the working aspect, thanks to which they are able to continue working while awaiting the final decision of the Immigration Office.
All single permit applications and renewal requests in Flanders, Brussels and Wallonia are currently digitalized. The digital platform is called "Working in Belgium". This further simplifies the procedure and the exchange of information between all stakeholders to be able to reduce the processing time for single permit applications and to allow companies to employ foreign employees more quickly in Belgium. Further, in the event of renewal, the worker may continue to work in Belgium based on a provisional residence document.