EU and EEA nationals have the right to work in Belgium without restriction. However, if they stay in Belgium for more than 90 days, they must register with the municipality where they reside. It’s worth listing the countries comprising those nationals who enjoy this right, and they are:
EU Member states
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
The other EEA countries are Iceland, Liechtenstein, and Norway. Swiss citizens also have the right to live and work in Belgium, although it is not a member of the EEA.
All other nationals must have a work and residence visa to come to reside in Belgium. Since Brexit, this applies to all UK nationals except those who were living in Belgium during the Transition Period under the Withdrawal Agreement and elected to remain.
Van der Elst visas
The Van der Elst visa is for non-EU workers employed by EU companies who need to temporarily render services in another EU member state. It is based on EU legislation and court decisions and permits non-EU employees to work for a limited period in an EU member state other than their employer’s location.
Single Permits
Single permits combine work and residence permits and are available to non-EU/EEA nationals who fulfil the criteria. Two categories of candidates for these visas are highly qualified employees and executives. The highly qualified criteria are that the applicant makes a gross salary in 2024 of €46,632 per annum in Flanders or €50,310 in Brussels and Wallonia. For those aged under 30, in Flanders, the salary is €37,305.60 per annum. For executives, the salary threshold is €74,611 in Flanders and €83,936 in Brussels and Wallonia. In Wallonia, the requirement can be higher and in line with market conditions.
EU Blue Card
The blue card is an approved EU-wide work permit (Directive (EU) 2021/1883) that allows highly skilled non-EU citizens to work and live in 25 of the 27 countries within the European Union, excluding Denmark and Ireland, which are not subject to the proposal. However, according to new rules, if it is a business trip, it does allow entry to a Schengen area member country if the country issuing the Blue Card is not a member of the Schengen area (like EU member Cyprus).
The United States Green Card (officially a permanent resident card) inspired the Blue Card.
The Blue Card offers a one-track procedure for non-EU citizens to apply for a work permit, which is valid for up to three years and renewable.
The proposal also encourages mobility within the EU and between member states for those granted a Blue Card. Blue Card status also carries other rights, such as favourable family reunification rules. The legal basis for this proposal was Article 63(3) and (4) of the Treaty of Rome (now Article 79 TFEU).
To qualify for a Blue Card, the candidate must be a highly qualified foreign national with a higher-level education, have an employment contract of at least one year, and earn at least €55,958 in Flanders or €65,053 in Brussels and Wallonia in 2024.
After two years residing in Belgium, the candidate is free to work elsewhere in the EU. After five years in the EU, the candidate may apply for permanent residence, will retain the right to return to Belgium, and may leave Belgium for up to twelve months.
Specialised Technicians Work Permit
Specialised technicians can come to work in Belgium for up to six months to install, start, or repair an installation or software application developed or manufactured abroad. The permit does not study such a project or involve selling it, and these activities require a work permit.
Other specialised technicians can work in Belgium without a work permit to repair or maintain their foreign employer’s machines supplied to a Belgian company. They may work up to five days a month.
Professional Cards
Any non-EU/EEA national who wants to work in Belgium as a self-employed person must obtain a Professional Card. Even though the applicant has a Single Permit for an employed role, they may still need a Professional Card for independent work.
The downside of the Professional Card is that it can take up to six months to obtain and is issued with more discretion than other categories of permits.
Intra-corporate Transfers
Under EU Directive 2014/66/EU, managers, trainees, and experts from third-country-based multinationals undertaking short-term transfers of no more than 90 days in 180 days are exempt from needing a work permit.
That is not to say that salary requirements and other documents do not apply. These depend on the individual’s situation and can differ in the three regions of Belgium.
Subject to further conditions covering the company in a third country being part of a group, the employee having been employed in that company for at least three months before the transfer, and the individual having higher ICT professional qualifications. Intra-group transfers are possible for up to three years for an ICT manager or specialist and one year for a trainee. There will be salary and other documentation requirements.
Students and Interns
We will not cover students and interns as these are irrelevant to the recruitment business, its clients, or its contractors.
How can agencies assist contractors with the immigration process?
Recruiting companies that specialise in placing foreign contractors in Belgium have current and relevant knowledge of the requirements for applying for and obtaining work permits and visas. Most should help compile the necessary information, translate it into the official language, check that the forms are correct and complete, and submit them. They can also speak to the issuing authorities in Belgium and facilitate the application’s smooth completion. Last, they can have a role in ensuring the conditions regarding salary levels and employment requirements are satisfied.
Are there any restrictions or quotas on hiring foreign contractors?
There are restrictions on the number of EU/EEA nationals who come to work in Belgium. However, there are controls on third-country nationals. The country does set overall limits on the number of work permits it issues to non-EU/EEA nationals. From the overall limit, the government sets quotes based on the type of work, skills, and sectors. Where there are labour shortages, the government prioritises the principal sectors of engineering, research, healthcare, and ICT. Remember that Belgium operates differently across its three regions.
Quotas do not apply to the Blue Card for highly skilled professionals, intra-group transfers, and people involved in technical and scientific research work.
The quota system works on a first-come-first-served basis, so it is important to submit the applications competently. The other major consideration is the labour market. The country will tweak its quotas depending on what the labour market needs. Once the quota is exhausted, there is no alternative but to wait until next year. The quota system is fluid, and you need to keep an eye open for changes, which is why local knowledge is vital.
About Access Financial
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