As Belgium tries to address labour shortages, the Brussels region will alter immigration laws to attract and retain foreign talent. Changes include new visa and labour market testing exemptions, more relaxed rules for changing employers, stricter enforcement of minimum salary levels, and greater clarity over criteria for the self-employed professional card. Some of the changes also stem from the Brussels region implementing new rules set by the revised EU Blue Card Directive, leading to more relaxed and flexible visa requirements for EU Blue Card holders.
Relaxed labour market testing and less administration for employers
Employers wanting to hire foreign workers will no longer have to undergo labour market testing for job roles on the Brussels Region occupation shortage list, making it easier to fill essential positions.
For those already employing non-EU workers, it is now easier to maintain the validity of a work visa as Brussels authorities will conduct an annual compliance audit for work permits of more than 12 months. Under current laws, employers have to actively submit a compliance notification for the visa to remain valid.
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Employees can change employers more quickly
Workers on a visa will be able to change their employers without requesting a new work permit after working for 30 months in the Brussels Region. Currently, this is only possible after 48 months. This makes the work permit more attractive for foreign talent and can save them and potential employers time and resources.
Stricter regulation of minimum salary levels
Rules for the minimum salary threshold have been made stricter, as employee benefits can no longer be included in fulfilling the salary threshold for highly skilled workers. If workers do not meet the minimum salary threshold without the inclusion of benefits, employers will have to increase their base salary for the work visa to be valid. This will impact employees on the Highly Skilled Single Permit, the EU Blue Card, and the EU ICT permit.
Relaxing of EU Blue Card Requirements
Several changes have been made to the EU Blue Card rules as the Brussels region partially aligns its immigration policy with the revised EU Blue Card Directive.
Those wanting to hire employees in Information Technology can do so more easily as applicants in this category no longer need an academic qualification to be eligible for the EU Blue Card. Recent professional experience of at least three years in the field is sufficient as long as applicants will work in managerial or specialist roles in the sector.
To qualify for the EU Blue Card, all highly skilled migrants now need only a six-month contract instead of the current 12-month minimum, giving employers more flexibility in crafting work contracts for foreign applicants.
Lastly, EU Blue Card holders wanting to change employers can currently only do so after 24 months without applying for a new work visa. However, under the new legislation, applicants only need to request approval from the Regional Employment Ministry if they are changing employers within the first 12 months of their employment, and after that, they can change employers immediately without approval so long as they notify the authorities of the change.
For all the details, please see the official announcement of the upcoming changes on the website of Brussels Region Office of Economy and Employment.
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