Brussels Region’s Upcoming Immigration Policy Changes for Foreign Workers

Brussels Upcoming Immigration Policy Changes for Foreign Workers

July 26, 2024 | xpath.global

Effective from October 1, 2024, the Brussels Region will be introducing significant changes to its immigration policies affecting foreign workers. This update aims to streamline processes and address labor shortages by revising requirements and procedures for work permits and authorizations. This guide provides a detailed overview of these changes and their implications for employers and foreign workers.

Overview of the Policy Changes

The Brussels Region’s new immigration policy includes several key modifications:

Stricter Interpretation of Minimum Salary Levels

Impact on Highly Skilled Workers

From October 1, 2024, employers will no longer be able to include ‘benefits in kind’ (such as meal vouchers and group insurance premiums) to meet the minimum salary threshold for highly skilled work permits, including the Highly Skilled Single Permit, EU Blue Card, and EU ICT permit. Employers must now ensure that the base salary meets or exceeds the required threshold without relying on these additional benefits.

Employers currently using benefits-in-kind to meet salary requirements will need to adjust base salaries accordingly. This change aims to simplify salary assessments and ensure that compensation for highly skilled roles is more transparent.

Removal of Annual Compliance Requirements

Transition to Annual Audits

The Brussels authorities will shift from requiring annual compliance notifications from employers to conducting their own yearly audits. This transition means that employers no longer need to proactively report compliance status for work authorizations exceeding 12 months. Instead, the authorities will perform audits to verify compliance.

This change reduces administrative burdens on employers and ensures a more streamlined monitoring process by the authorities.

Elimination of Labor Market Test for Shortage Occupation Roles

Immediate Benefits for Employers

Labor market testing will no longer be required for work permit applications for positions listed on the Brussels Region’s shortage occupation list. This policy adjustment accelerates the hiring process for roles in high-demand areas by removing the need to prove that no local candidates are available for these positions.

Employers can now more quickly access skilled talent in critical shortage areas, enhancing their ability to address urgent staffing needs.

Easier Change of Employer Regulations

Accelerated Transition

Foreign workers will have the ability to change employers after 30 months of continuous employment in the Brussels Region, reduced from the current 48 months. This modification facilitates greater flexibility for workers and can result in savings of time and money for both employees and employers.

For EU Blue Card Holders: EU Blue Card holders will benefit from more relaxed change-of-employer rules:

Within the First 12 Months: They can change employers after notifying the Regional Employment Ministry, provided no denial occurs within 30 days.

After 12 Months: They can switch employers immediately without requiring new work authorization, though notification to authorities is still necessary.

These changes are designed to enhance job mobility and retention among highly skilled foreign workers.

Modifications to the EU Blue Card Rules

Expanded Eligibility for IT Sector Workers

Applicants for the EU Blue Card working in the IT sector can now qualify based on professional experience alone, without a formal academic qualification. Specifically, individuals in managerial or specialist roles with at least three years of experience in the past seven years are eligible.

Shorter Job Offer Durations

Employment contracts will now only need to be six months long, down from the previous 12-month minimum. This change provides employers with increased flexibility in hiring terms.

During the First 12 Months: EU Blue Card holders can change employers 30 days after notifying the Regional Employment Ministry.

After 12 Months: They can change employers immediately with required notifications.

These adjustments are aimed at making the Brussels Region more attractive to foreign talent and easing the transition between employers.

Revised Rules for Self-Employed Workers

Clearer Application and Refusal Guidelines

Eligibility requirements for the professional card for self-employed workers will now be explicitly defined. The grounds for refusal will also be specified, focusing on demonstrating how the applicant’s activity benefits the Brussels Region compared to market competitors.

Renewal Requirements

Renewal applications must now demonstrate financial viability, either by meeting financial goals or proving sufficient financial capacity to recover from losses. This new criterion ensures that self-employed professionals remain economically active and sustainable.

Looking Ahead

Belgium is expected to continue evolving its immigration policies to attract skilled workers while balancing immigration controls in other sectors. The Walloon Region’s anticipated adoption of similar reforms will further align Belgium’s immigration framework with EU standards.

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