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 following are the most relevant categories:

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 (grand)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.

By virtue of the UK Withdrawal Agreement, the UK officially withdrew from the EU on 31 January 2020. A transition period was in effect until 31 December 2020. The withdrawal agreement aims to provide safeguards for the rights of UK citizens and their family members lawfully residing in the EU 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 to 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. Afterward, 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 employed by a company in a member state (i.e., an EEA 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, if they conform with the following:

• 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 valid throughout 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 throughout the period that they will be rendering services in Belgium to ensure their return to their home country or residence country

Students and interns

Students lawfully residing in Belgium for their studies are allowed to work without a single/work permit both during the school holidays (i.e., Easter holidays, summer holidays, Christmas holidays) and outside school holidays periods, if 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 a single/work permit under certain conditions, exclusively within the framework of the 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 the below thresholds (which are indexed annually). Their residence authorization is valid for the duration of their work authorization.

For highly qualified employees:

• An employee is considered a highly qualified employee if they earn at least EUR 46,632 (Flemish Region) or EUR 50,310 (Brussels-Capital Region and Walloon Region) gross salary per year in 2024.
• In the Flemish Region, the yearly gross salary requirement is reduced to 80% of the above-mentioned amount (i.e., EUR 37,305.60 per year in 2024) for employees bound by an employment contract to an employer established in Belgium, if they have not reached the age of 30 or are employed as nurses.

For executives:

• An individual is considered an executive if they earn at least EUR 74,611 (Flemish Region) or EUR 83,936 (Brussels-Capital Region and Walloon Region) gross salary per year in 2024 and hold 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 two to three months as from the day of filing.

A number of administrative measures have been taken to reduce the processing time. Additionally, the foreign national may continue to work on Belgian territory with a provisional residence document in the event of a 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 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 US "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 if 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; and (iii) a gross annual remuneration of at least EUR 55,958 (Flemish Region) or EUR 65,053 (Brussels-Capital Region and Walloon Region) gross salary per year in 2024.

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.

However, 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 46,632 (Flemish Region) or EUR 50,310 (Brussels-Capital Region and Walloon Region) gross salary per year in 2024).

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.

EU Directive EC/810/2009 on the European Visa Code ("Visa Code"), constitutes a major step toward a common visa policy and reinforces 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, if their stay in Belgium does not exceed five days a month (it being noted that the conditions for this exemption differ slightly from one region to another).

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 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 L (which used to be a residence card type D prior to 11 October 2021)).

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 (possibly in addition to a single permit if the employee also works for the employer as a salaried employee). 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 Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer ("Intra-Corporate Transfers Directive") specifies the entry and residence conditions of managers, experts or trainee employees from third countries that are subject to a temporary intragroup transfer. It also establishes a common set of rights for persons undergoing temporary intragroup transfer while working in the EU. Additionally, the directive specifies conditions that employees who are the subject of a temporary intragroup transfer may benefit from (short or long-term) such as geographical mobility between member states.

Managers, experts or trainee employees undergoing a temporary intragroup transfer of a maximum duration of 90 days over any period of 180 days (short-term mobility) and holding an intra-corporate transferee (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 intragroup 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 Transfers Directive, a foreign national can be granted work authorizations while engaged in a temporary intragroup transfer of more than 90 days if the following conditions are met:

• 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.