As a general rule, a foreign national must obtain a work and residence permit in order to work in Belgium. Additionally, the work permit must be obtained prior to the start of employment.

Some employees are exempt from obtaining a work permit, either based on their residence situation (foreign nationals coming to Belgium for purposes other than employment who are given access to employment) or on specific exemptions legally provided within the framework of economic migration (foreign nationals coming to Belgium for employment purposes). Most of these exemptions are common to all three regions of Belgium but, as different sets of rules apply, some may only be relevant in a specific region or be subject to different requirements and conditions. The work permit exemptions only apply if the employee is legally staying in Belgium. The most relevant categories are:

Citizens from the EEA

EEA nationals coming to work in Belgium are exempt from obtaining a work permit. This also applies to their spouse and children under the age of 21 (even if they are not EEA nationals). These family members must obtain a family reunion visa in order to accompany or join the EEA national coming to work in Belgium.

The following 30 countries belong to the EEA: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Iceland, Norway and Liechtenstein.

Although Switzerland is not part of the EEA, Swiss nationals are also allowed to freely reside and work in Belgium without any prior formalities.

After lengthy negotiations, the United Kingdom withdrawal agreement, whereby the conditions to the UK withdrawal from the European Union are specified, has received final approval. The United Kingdom officially withdrew from the European Union on 31 January 2020. A transition period was in effect until at least 31 December 2020. The withdrawal agreement aims to provide safeguards for the rights of UK citizens and their family members lawfully residing in the European Union before the end of the transition period. All British citizens and their family members lawfully residing in Belgium at the end of the transition period are considered beneficiaries of the withdrawal agreement. They received a letter asking them apply for their new residence card at the municipality where they reside. All beneficiaries of the withdrawal agreement should have received their new residence card by mid-2021 at the latest and keep their acquired rights of residence for life. The only difference with an EU citizen in this regard will be their residence card.

EEA nationals and their family members can be employed by a company or work in a self-employed capacity without a work authorization. However, if an EEA national plans to stay in Belgium for more than three months, they must apply for a residence permit for EEA nationals with the local municipality responsible for the place of residence. Afterwards, the local municipality will issue them a residence permit that is valid for up to five years and can be renewed automatically.

Belgian “Van der Elst Visa”

No work permit is required for individuals eligible for the “Van der Elst visa”, which is a type of visa available to non-EEA employees regularly working for a company in a Member State, which allows them to work for that company in another Member State without needing to obtain an additional work permit. To qualify, the employee must be working on a temporary project (i.e., on a contractual basis) and supplying services (through their employer that is established in a Member State) to a company established in another Member State.

Belgian law exempts these foreign nationals from obtaining a Belgian work permit, provided they:

• are entitled to residence, or have a valid residence permit, for a period of more than three months in the Member State of the EEA where they have established residence
• are lawfully employed in the Member State where they have established residence and hold a permit that is at valid through the period that they will be rendering services in Belgium
• possess a valid employment contract
• possess a passport and a residence permit, that is at valid through the period that they will be rendering services in Belgium to ensure their return to their home country or residence country
• the provision of services does not consist solely of the provision of workforce (this condition is only applicable in the Flemish Region)

Students and interns

Students lawfully residing in Belgium for their studies are allowed to work without single/work permit both during the school holidays (i.e., Easter holidays, summer holidays, Christmas holidays) and outside school holidays periods, provided that their employment does not exceed 20 hours per week and that the work performed is compatible with their studies for the latter case.

Students who are taking mandatory internships for their studies in Belgium, an EEA Member State or the Swiss Confederation (contrary to the first exemption described above where the studies must be pursued in Belgium) may also work without single/work permit, exclusively within the framework of said internship.

Except when qualifying for a specific exemption, non-EEA nationals require a work authorization/permit to work in Belgium. Work authorizations/permits are only issued to foreign nationals from countries linked to Belgium by international agreements, conventions on the employment of foreign nationals or when there are not enough workers available in the European labor market to perform services.

Work authorizations/permits can be issued without meeting the labor market criteria for certain categories of non-EEA nationals or activities (professions or trades where a shortage of labor has been recognized by the Minister), considerably simplifying the process for obtaining a work permit.

Highly Qualified Employees or Executives

Single permit

The labor market criterion is not taken into account if the foreign national is considered a highly qualified employee or an executive whose annual remuneration amounts to at least, respectively, EUR 43,524 (Flemish Region), EUR 43,395 (Brussels Region and Walloon Region) or EUR 69,638 (Flemish Region), EUR 72,399 (Brussels Region and Walloon Region) gross for 2021 (indexed annually). Their residence authorization is valid for the duration of their work authorization.

For highly qualified employees:

• an employee is considering a highly qualified employee if they earn at least EUR 43,524 (Flemish Region), EUR 43,395 (Brussels Region and Walloon Region) gross salary per year in 2021
• in the Flemish Region, the yearly gross salary requirement is reduced to 80% of the above mentioned amount (i.e., EUR 34,819.20 per year in 2021) for employees bound by an employment contract to an employer established in Belgium, provided that they have not reached the age of 30 or employed as nurses

For executives:

• an individual is considered an executive if they earn at least EUR 69,638 (Flemish Region), EUR 72,399 (Brussels Region and Walloon Region) gross salary per year in 2021 and holds an executive position within the company
• in the Walloon Region, the yearly gross salary requirement mentioned above could be higher depending on the specific circumstances of the case as it cannot be less favorable than that of comparable positions in accordance with the applicable laws, collective bargaining agreements or practices

The application process to obtain a single permit takes about three to four months. However, an additional one month period should be added to allow for the foreign national to gather all the necessary documents for both the work and residence aspects, as both must be submitted at the same time. The type B work permit application process takes about four to six weeks.

As mentioned above, a number of administrative measures have been taken to reduce the processing time. Additionally, the foreign national may continue to work on Belgium territory with a provisional residence document in the event of renewal.

The documents required depend on the work authorization or permit applied for (highly qualified or executive) as well as on the competent region. The following documents are in any required (among others):

• medical certificate
• employment contract or assignment letter
• copies of academic certificates
• professional qualifications (for highly-qualified employees)
• proof of payment of administrative fees for the application procedure

EU Blue Card

The EU has implemented an EU work permit (Blue Card) to attract foreign highly qualified nationals. The Blue Card allows non-Europeans to be employed in any country within the EU. The Blue Card scheme is inspired by the United States’ “Green Card” program and aims to attract top talent to the EU in order to combat the aging population and declining birth rate. The framework European regulations are set forth in the EU Blue Card Directive. The Blue Card allows highly qualified non-EEA nationals to work and reside in the territory of the Member State issuing the Blue Card.

Under Belgian law, the Blue Card can be delivered to highly qualified foreign nationals provided they can demonstrate: (i) high-level professional qualifications (through a higher education diploma of a minimum of three years), (ii) an employment contract for an indefinite term or for a definite term of at least one year, (iii) a gross annual remuneration of respectively at least EUR 52,229 (Flemish Region), EUR 56,111 (Brussels Region and Walloon Region) gross salary per year in 2021.

The Blue Card allows for increased intra-Europe mobility. After five years of residing within the EU (including two years in Belgium immediately preceding the application for long-term residence), the foreign national is eligible for long-term resident status in Belgium. Moreover, highly qualified foreign nationals that hold an EU Blue Card will not lose their status when leaving the country for 12 months. Once they have obtained long-term resident status, they may leave the EU territory, and Belgium, for a maximum of two years and six years, respectively. The current work permit system for highly qualified individuals continues to coexist with the EU Blue Card system

That said, no Blue Card can be granted to seconded employees. Further, the salary threshold is considerably higher than the threshold under the current procedure for highly qualified employees (i.e., EUR 43,524 (Flemish Region), EUR 43,395 (Brussels Region and Walloon Region) gross salary per year in 2021).

The practical relevance of the Blue Card is hence somewhat limited due to the narrow scope of application, the administrative burden during the first two years and the rather limited advantages.

The EU Directive EC/810/2009, regarding the European Visa Code (Visa Code”), constitutes a major step towards a common visa policy and reinforcing cooperation within the Schengen Area. The Visa Code sets out harmonized procedures and conditions for issuing short-stay and airport transit visas. Legislation stemming from the issuance of visas for long stays (beyond 90 days) remains of national competence. However, pursuant to the Visa Code, foreign nationals that hold a long-stay (type D) visa can travel freely within the Schengen Area for up to 90 days during any 180-day period.

Specialized technician work permit

The specialized technician work permit is specifically aimed at specialized technicians or engineers coming to Belgium for a maximum period of six months to install, start up or repair an installation or software application developed or manufactured abroad. It should be noted that the study and analysis of the factual situation at the location of the Belgian customer, the requirement capturing stage, prior to the development of the installation or software application is not covered in this permit. A foreign national coming to Belgium to perform such preparatory study and analysis services should obtain a normal work permit.

On the other hand, specialized technicians coming to Belgium to perform urgent repairs or maintenance work on machines delivered by their foreign employer to a Belgian-based company are exempt from obtaining a prior work permit, provided their stay in Belgium does not exceed five days a month.

Long-term EU residents

Non-EEA nationals that have obtained the status of long-term resident in another EU Member State can access the Belgian labor market but are subject to certain conditions. The long-term residence status is a very specific status in accordance with the EC Directive 2003/109/EC regarding long-term residents from non-EEA countries for which a specific residence permit is delivered (i.e., in Belgium, this takes the form of an electronic residence card type D).

Professional card

Non-EEA nationals require a professional card for any self-employed activity in Belgium, including corporate mandates held with a company established in Belgium, depending on the factual circumstances. The foreign national can apply for the card at the Belgian consulate or embassy abroad with their visa application or in Belgium if they reside in Belgium.

Professional cards are much more discretionary than work permits. Demonstrating economic interests plays a major role in obtaining a professional card. The application process takes approximately six months on average.

Intra-corporate Transferee

The Intra-corporate Transferee Directive specifies the entry and residence conditions of managers, experts or trainee employees from third countries that are subject to a temporary intra-group transfer. It also establishes a common set of rights for persons undergoing temporary intra-group transfer while working in the EU. Additionally, the Directive specifies conditions that employees who are the subject of a temporary intra-group transfer may benefit from (short or long-term) such as geographical mobility between Member States.

Managers, experts or trainee-employees undergoing a temporary intra-group transfer of a maximum duration of 90 days over any period of 180 days (short-term mobility) and holding an ICT permit issued by another Member State valid for the duration of the transfer are exempted from obtaining a work permit. Specific salary requirements, as well as additional documentation requirements, apply depending both on the competent region and the transferee’s position (executive, expert or trainee-employee).

On the other hand, for long-term mobility during a temporary intra-group transfer, a work authorization must be applied for with the competent region, subject to the following conditions: (i) the transferee holds an ICT permit issued by another Member State, valid for the entire duration of the application procedure and (ii) the host entity and the company established in a third country belong to the same company or group of companies. Specific salary requirements and additional documentation requirements also apply, depending both on the competent region and on the transferee’s position (executive, expert or trainee-employee).

Besides the short- or long-term mobility rights provided under the Intra-corporate Transferee Directive, a foreign national can be granted work authorizations while engaged in a temporary intra-group transfer of more than 90 days if:

• the host entity and the company established in a third country belong to the same company or group of companies
• the transferee is employed by the company or group of companies for at least three consecutive months immediately before the date of transfer as a manager, specialist or trainee employee
• the transferee has higher professional qualifications linked to a higher education diploma for the ICT executive and the ICT expert or linked to a university diploma for the trainee-ICT employee

Again, specific salary requirements and additional documentation requirements apply, depending on both the competent region and the transferee’s position (executive, expert or trainee-employee).

The work authorization is issued for the duration of the transfer with a maximum duration of: (i) three years for an ICT manager and ICT specialist and (ii) one year for an ICT trainee employee.

An implementing cooperation agreement of 6 December 2018 specifies additional conditions. However, it only enters into force when said implementing cooperation agreement enters into force. Currently, this is not the case for the part concerning long-term mobility and temporary intra-group transfer of more than 90 days.