The issuing of work permits in Belgium is partially governed by the transposition of EU law, especially the principle of free movement of labour, and partially by Belgium-specific regulations.
There are three types of work permits for non-EU nationals: type C for students, relationship/family reasons and humanitarian reasons, type B for special categories of work (mostly in the context of training and posting of workers), and type A if you have repeatedly been granted a type B permit.
Requirements by nationality or status
Nationals of "old" EU Member States (EU-15 + accession 2004)
Nationals of Austria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom are treated like Belgian workers, i.e. they do not need a work permit.
Nationals of "new" EU Member States (Accession 2007)
Nationals of Bulgaria and Romania still have to apply for work permits. These transitional restrictions to the Belgian labour market may apply for up to 7 years after the accession (= 1 January 2014). However, those nationals can profit from a fast-track procedure for work permits for professions for which it is officially recognised that labour is short.
EU long-term residents
Persons who have acquired long-term resident status[1] in Belgium are treated like Belgian workers, i.e. they do not need a work permit.
Persons who have acquired long-term resident status in another EU country can profit from a fast-track procedure for work permits for professions for which it is officially recognised that labour is short.
Nationals of countries with which Belgium has special agreements
Nationals of successor states of former Yugoslavia (Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia) and of certain Mediterranean countries (Algeria, Morocco, Tunisia and Turkey) may obtain a work permit type B even if they do not fall under the special categories mentioned there. They can also apply for a work permit type A one year earlier than nationals from other non-EU countries.
Work permit type B
Characteristics:[5]
- Maximum validity period: one year
- Valid for only one employer
- Employer has to submit the application
For most non-EU nationals, a work permit type B is only granted for special categories of work (mostly in the context of training and posting of workers).
Special categories
- trainees (= interns, stagiaires)
- between 18 and 30 years old
- for a maximum traineeship duration of one year
- au pairs
- highly qualified workers
- who pay social contributions
- and whose yearly gross salary in 2010 was higher than 38'665 EUR (2013)
- highly qualified workers employed by interim agencies usually do not reach this threshold.
- managers
- who pay social contributions
- and whose yearly gross salary in 2010 was higher than 60'654 EUR (2011: 61'071 EUR)
- posted highly qualified workers
- posted managers
- researchers
- visiting professors
- specialised technicians posted to Belgium for a maximum of 6 months in order to install/initialise/repair an installation produced or delivered by their employer
- specialised technicians coming to Belgium for professional training
- workers posted to Belgium for professional training
- professional sportspersons
- at least 18 years old
- if their yearly gross salary is at least 69'400 EUR
- trainers
- if their yearly gross salary is at least 69'400 EUR
- posted foreign air carrier workers
- posted foreign tourist office workers
- stage artists
- employees who are nationals of Bulgaria, Romania, of successor states of former Yugoslavia (Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia), of certain Mediterranean countries (Algeria, Morocco, Tunisia and Turkey) or of OECD countries (e.g. Australia, Canada, South Korea, the United States, Japan, New Zealand) coming for a professional training of more than 3 months at the Belgian site of their multinational employer established in another EEA country
- For a professional training of less than 3 months, nationals of the countries mentioned above could simply stay as tourists.
- employees who are non-EEA nationals coming for a professional training at the Belgian site of their multinational employer established outside the
Nationals of countries with which Belgium has special agreements
For persons who belong to none of the special categories mentioned above but are
- nationals of successor states of former Yugoslavia (Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia) or
- nationals of certain Mediterranean countries (Algeria, Morocco, Tunisia and Turkey),
a work permit type B can also be granted if the employer demonstrates that it was impossible to find an appropriate worker on the Belgian labour market (i.e. EU nationals and long-term residents) within reasonable time. The competent Minister of the Region can grant exceptions for economic or social reasons "in individual cases worthy of consideration". If the application is successful, the employer receives an employment permit for that worker.
- However, few employers bother going to these lengths.
- Also, as immigration-related policies are very politicised in Belgium, the application is usually refused.
Fast-track procedure in case of labour shortage
The Belgian regions have compiled lists of professions in which labour is short, i.e. where they admit that it is difficult to find an appropriate worker on the Belgian labour market. This comprises professions like secretary, nurse and IT.
- Brussels-Capital region: ACTIRIS [nl][6]
- Flanders: Flemish Service for Employment and Vocational Training [nl] (VDAB)[7]
- Wallonia: Forem [fr] (Le Forem)[8]
- German-speaking community: Arbeitsamt der Deutschsprachigen Gemeinschaft [de] (ADG)[9]
A fast-track procedure is in force in order to fill these vacancies with
- Nationals of Bulgaria and Romania ("new" EU Member States, accession 2007)
- List of fast-track procedure professions for Bulgarians and Romanians[10] (undated)
- Persons who have acquired long-term resident status[1] in another EU country