Work permit (Belgium)

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The issuing of work permits in Belgium is partially governed by the transposition of EU law, especially the principle of free movement of labour , and partially by Belgium-specific regulations.

Contents

There are three types of work permits for non-EU nationals: type C for students, relationship/family reasons and humanitarian reasons, type B for special categories of work (mostly in the context of training and posting of workers), and type A if you have repeatedly been granted a type B permit.

Requirements by nationality or status

Nationals of "old" EU Member States (EU-15 + accession 2004)

Nationals of Austria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom are treated like Belgian workers, i.e. they do not need a work permit.

Nationals of "new" EU Member States (Accession 2007)

Nationals of Bulgaria and Romania still have to apply for work permits. These transitional restrictions to the Belgian labour market may apply for up to 7 years after the accession (= 1 January 2014). However, those nationals can profit from a fast-track procedure for work permits for professions for which it is officially recognised that labour is short.

EU long-term residents

Persons who have acquired long-term resident status [1] in Belgium are treated like Belgian workers, i.e. they do not need a work permit.

Persons who have acquired long-term resident status in another EU country can profit from a fast-track procedure for work permits for professions for which it is officially recognised that labour is short.

Nationals of countries with which Belgium has special agreements

Nationals of successor states of former Yugoslavia (Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia) and of certain Mediterranean countries (Algeria, Morocco, Tunisia and Turkey) may obtain a work permit type B even if they do not fall under the special categories mentioned there. They can also apply for a work permit type A one year earlier than nationals from other non-EU countries.

Work permit type C

Characteristics: [2]

The latter applies to

and further to

Work permit type B

Characteristics: [5]

For most non-EU nationals, a work permit type B is only granted for special categories of work (mostly in the context of training and posting of workers).

Special categories

Nationals of countries with which Belgium has special agreements

For persons who belong to none of the special categories mentioned above but are

a work permit type B can also be granted if the employer demonstrates that it was impossible to find an appropriate worker on the Belgian labour market (i.e. EU nationals and long-term residents) within reasonable time. The competent Minister of the Region can grant exceptions for economic or social reasons "in individual cases worthy of consideration". If the application is successful, the employer receives an employment permit for that worker.

Fast-track procedure in case of labour shortage

The Belgian regions have compiled lists of professions in which labour is short, i.e. where they admit that it is difficult to find an appropriate worker on the Belgian labour market. This comprises professions like secretary, nurse and IT.

A fast-track procedure is in force in order to fill these vacancies with

Work permit type A

Characteristics: [11]

The requirements are:

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References

  1. 1 2 "EUR-Lex - 32003L0109 - EN". Official Journal L 016, 23/01/2004 pp. 0044–0053. Retrieved August 13, 2019.
  2. "Brussels-Capital region: Working in Belgium as a foreign national / Work permit type C". bruxelles.irisnet.be. Retrieved January 6, 2021.
  3. "diplomatie.belgium.be: Cohabiting" . Retrieved August 13, 2019.
  4. "Cohabitation légale". Belgium.be. August 26, 2014. Retrieved August 13, 2019.
  5. "Brussels-Capital region: Working in Belgium as a foreign national / Work permit type B". bruxelles.irisnet.be. Retrieved January 6, 2021.
  6. "Archived copy" (PDF). Archived from the original (PDF) on 2011-07-06. Retrieved 2011-01-16.{{cite web}}: CS1 maint: archived copy as title (link)
  7. "Trends en cijfers | VDAB" (PDF). www.vdab.be. Retrieved August 13, 2019.
  8. "particuliers/chercher/metiersporteurs/tous/tous-les-metiers". leforem.be. Retrieved January 6, 2021.
  9. Christiane Lentz (May 20, 2010). "Liste der kritischen Berufe in der Deutschsprachigen Gemeinschaft 2010" (PDF). Retrieved January 6, 2021.
  10. [ dead link ]
  11. "Brussels-Capital region: Working in Belgium as a foreign national / Work permit type A". bruxelles.irisnet.be. Retrieved January 6, 2021.