Belgium Implements Changes To Immigration Policies For Foreign Workers In Walloon Region

[Editor2]

Effective September 1, 2024, Belgium’s Walloon Region has introduced significant changes to its work permit system, providing increased flexibility and new opportunities for foreign workers and their employers. These reforms address labor shortages and align with broader EU immigration policies.

Key Changes in Walloon Region’s Work Permit Rules

1. Expanded Work Permit Exemptions Business visitors can now engage in a broader range of activities without requiring a work permit. Previously restricted tasks, such as attending conferences, engaging in sales or marketing activities, and conducting audits, are now exempt from work permit requirements. This allows employees to perform these tasks more freely while ensuring compliance with the 90-day rule for short stays.
2. New Short-Term Work Permit A more flexible short-term work permit valid for 90 days within a rolling 180-day period has been introduced. This permits workers to enter and leave Belgium multiple times during the six months, offering greater flexibility for employers to manage talent and short-term assignments.
3. Opportunities for Low- and Medium-Skilled Foreign Workers Workers no longer need to be in roles on the Walloon Region’s shortage occupation list to qualify for a work permit. Low- and medium-skilled workers can now apply for any role, provided they pass a labor market test. This change significantly broadens the pool of foreign workers that employers can hire.
4. EU Blue Card Reforms
   • Professional Experience for IT Applicants: Foreign workers in managerial or specialist IT roles can now qualify for an EU Blue Card based on professional experience, even without academic qualifications. This addresses Belgium’s labor shortage in the technology sector.
   • Shortened Contract Duration: The minimum duration for employment contracts for EU Blue Card holders has been reduced from 12 to 6 months, offering employers more flexibility.
   • Easier Job Mobility: EU Blue Card holders can change employers after 12 months, instead of 24 months, streamlining the process of transferring talent within the region.
   • Extended Work Permit Exemptions: EU Blue Card holders from other EU Member States can now work in Wallonia for up to 90 days without needing additional permits.
5. Highly Skilled Single Permit Similar to the EU Blue Card, foreign workers applying for the Highly Skilled Single Permit can now qualify based on professional experience rather than academic qualifications. This applies to managerial and specialist roles in the ICT sector as well as other fields, enabling businesses to recruit experienced professionals more easily.
6. EU Intracompany Transferee (ICT) Permit Managers and specialists applying for the EU ICT status no longer need to hold a higher education degree. Instead, they can qualify by demonstrating specialized knowledge and meeting salary thresholds, simplifying the transfer of skilled workers between EU countries.
7. New Minimum Salary Levels The Walloon Region has introduced pro-rated salary thresholds for part-time work. This ensures that highly qualified workers, such as EU Blue Card holders, can work part-time without risking their permit status, further increasing flexibility for employers.
8. Additional Requirements for Employers Employers applying for non-highly qualified work permits must now commit to covering travel costs and providing medical insurance until the employee is covered under the national system. Additionally, all work permit applications must be submitted in French.

Background and Future Outlook

The Walloon Region faces significant labor shortages, particularly in the technology sector. These changes are part of broader efforts to attract foreign workers and retain them. The reforms align with the revised EU Blue Card Directive and aim to increase flexibility for both employers and employees.

The Brussels Region is expected to introduce similar reforms in October 2024, continuing Belgium’s efforts to address its talent shortages while balancing immigration policies.

Pros and Cons Summary

Pros:

• Increased Flexibility: Employers now have more options for hiring low- and medium-skilled workers and managing short-term assignments.
• Expanded Exemptions: A wider range of business activities can now be conducted without a work permit.
• Easier Access for IT Workers: Professional experience can now qualify foreign workers for permits in the tech sector, addressing a critical labor shortage.
• Streamlined Job Mobility: Workers can change jobs more easily without needing a new work permit.
• Pro-Rated Salary Thresholds: Part-time work is now more accessible for highly qualified workers without risking their permits.

Cons:

• Language Requirement: Work permit applications must now be submitted in French, potentially creating a barrier for some employers and workers.
• Additional Costs for Employers: Employers must cover travel and medical insurance costs for certain permit holders, adding to their financial obligations.
• Labor Market Test: Low- and medium-skilled workers must pass a formal labor market test, which may lengthen the hiring process.

These changes represent a significant shift in immigration policy, aimed at making Walloon Region more attractive for skilled and semi-skilled foreign workers, while ensuring compliance and flexibility for employers.