Belgium: New work permit regulations in Brussels

04.10.2024

On 1 October 2024, changes to the work permit regulations for non-European nationals take effect in the Brussels Capital region of Belgium. The changes were published in an ordinance issued on 1 February 2024, and implemented by a decree on 16 May 2024.

The changes are as follows.

Simplified calculation of remuneration

From 1 October 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 €4,604.

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:

Senior management – €6,445.60 (140 %)
Highly qualified personnel – €3,591.12 (78 %)
Performing artist – €2,992.60 (65 %)
European Blue Card – €4,604.00 (100 %)
ICT Manager – €5,294.60 (115 %)
ICT Expert – €4,373.80 (95 %)
ICT Trainee – €2,532.20 (55 %)

These amounts will be updated every 1 January based on the latest amounts published each September.

The calculation method for athletes (€6,873.15), and the determination of the guaranteed average minimum monthly income (€2,070.48), are unchanged and will remain in force.

End of work permit B

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

Fewer formalities for work authorisations valid for more than one year

When a work authorisation valid 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 authorisation granted after 30 months’ residence and occupation in the Brussels Capital Region

To qualify for an unlimited work authorisation, 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 authorisation obtained in the Brussels Capital Region.

Where time-limited work authorisations have been issued by another Region, the period is extended to four years.

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.

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.

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 / long-term work authorisation

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 authorisation.

This also applies to cross-border workers or workers teleworking from abroad for a Brussels-based employer, for up to 90 days.

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 authorisation.

This authorisation may be granted for three years, depending on the duration of the employment contract, for workers belonging to one of the following categories: