Upcoming Work Authorization Changes for Brussels Region

From October 1, 2024, the regulations governing work permits and professional cards will change for non-European nationals in the Brussels Capital Region. The changes mainly concern work permits for salaried workers, but also to the self-employed.

Key Changes

Simplified calculation of remuneration: From October 1, 2024, the salary thresholds for specific categories of occupation will be calculated based on a percentage of the average gross monthly salary in the Brussels Capital Region, which is EUR 4604. Only the basic monthly remuneration (corresponding to Code 1 of the DMFA declaration) will be taken into account.

For these specific categories, it will amount to at least the following:

These amounts will be updated every January based on the latest amounts published each September. The calculation method for athletes, and the determination of the guaranteed average minimum monthly income, are unchanged and will remain in force.

End of work permit B: Work permit B will now be called either a “short-term work authorization” or a “long-term work authorization.” The work authorization will now be sent directly to the employer, who must pass it on to the worker so that they can apply for a visa if necessary. The procedure for au pairs will remain unchanged.

Fewer formalities for work authorizations valid for more than one year: When a work authorization for more than one year has been granted, the employer will no longer have to send documents for the annual check. This check will remain but will be automated. The administration reserves the right to request additional information if necessary.

Unlimited work authorization granted after 30 months’ residence and occupation in the Brussels Capital Region: To qualify for an unlimited work authorization, an employee domiciled in the Brussels Capital Region must have resided in Belgium for at least 30 months without interruption and provide proof of 30 months’ employment attested by a single permit or work authorization obtained in the Brussels Capital Region. Where time-limited work authorizations have been issued by another Region, the period is extended to four years.

1. Additional appendices to be provided: For some categories, additional documents will be required, such as a job description and a company organisation chart. This should enable a better analysis of the application. No additional job market analysis will be carried out for critical functions as published by Actiris (the regional employment office).
   Actiris will continue to carry out job market analyses for other “non-category” functions, provided that the job offer has been published with Actiris for at least five weeks and the result of this search is provided.
2. Transposition of the new Blue Card Directive: The regulations will also include new provisions concerning the blue card. It will be easier to change employer.
   Higher education qualifications will no longer be required in the field of information and communications technology. Professional qualifications can be demonstrated by proof of professional experience.

Short-term work authorization: If the working period in Belgium is a maximum of 90 days out of 180 (in the case of successive employment without interruption, previous periods are taken into account in the calculation of the 90 days), the employer or their agent must apply for a short-term work authorization. This also applies to cross-border workers or workers teleworking from abroad for a Brussels-based employer, for up to 90 days.

Long-term work authorization: If the worker is a cross-border worker, or teleworks from abroad for an employer in the Brussels Capital Region, for more than 90 days, the employer or their agent must apply for a long-term work authorization. This authorization may be granted for three years, depending on the duration of the employment contract, for workers belonging to one of the following categories:

• highly skilled workers
• intra-group transferees (with the exception of trainee employees);
• workers holding a European Blue Card
• researchers

Single permit: The single permit procedure remains unchanged if the worker stays in Belgium for more than 90 days.

Erickson Insights & Analysis

Information sessions will take place in September, during which more details on these changes will be provided. Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.