Belgium is set to make major changes to its immigration policy, particularly affecting foreign workers, starting May 1, 2024. These adjustments, spearheaded by the Flanders Region, aim to prioritize the employment of Belgian and European citizens while ensuring that foreign nationals are integrated into the workforce only after careful consideration of local and regional labour market dynamics.
The key changes revolve around the Shortage Occupation and Labour Market testing frameworks, aligning with the government’s concentric model of labour migration. Among the notable changes are new work permit exemptions, restrictions on Shortage occupation and labour market testing rules, and relaxed educational qualification requirements for specific categories like EU Blue Card holders and intra-company transferees.
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One significant aspect of the reform is the broadening of exemptions for work permits, enabling foreign workers to engage in various business-related activities without the need for a work permit.
These activities include participation in conferences, negotiation of business agreements, involvement in sales and marketing, among others. While this provides flexibility for employers and employees alike, adherence to the stipulated duration of stay within Belgium remains crucial.
Shortage Occupation Rule Restrictions
Employers will now be required to furnish additional documentation regarding an individual’s skills, experience, and qualifications for medium-skilled shortage occupation applications. This added layer of scrutiny by the Regional Employment Ministry (REM) aims to ensure that the right candidates are selected for roles facing shortages. However, this may prolong the administrative process for employers.
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Stricter Vacancy Publication
Stricter rules for job advertisement mandate employers to publish job vacancies for a longer duration – at least nine weeks within the four months preceding the application. Additionally, postings must be made on specified platforms, including the European Jobs Network and Flemish employment services websites. While this aims to enhance transparency and accessibility, it might extend the immigration process and limit job options for foreign workers.
Professional Experience Recognition for EU Blue Card IT Applicants
In a bid to address the IT labour shortage, experienced professionals in managerial or specialist roles can substitute academic credentials with relevant professional experience. This adjustment seeks to facilitate the hiring of skilled IT personnel without formal academic qualifications, catering to industry demands.
Easier Change of Employer Rules
The revised policy facilitates easier transitions between employers for EU Blue Card holders. Notably, the requirement for a new work permit is eliminated within the first 12 months, streamlining the process and reducing bureaucratic hurdles for foreign workers.
Salary Increase
Applicants for EU Blue Cards must meet an increased salary requirement, equating to 130% of the average income for 2024. While this ensures that foreign workers are adequately compensated, it may pose challenges for some employers in meeting the threshold.
In addition to these major changes, minor modifications have been introduced to streamline the hiring of seasonal workers, reduce the minimum contract requirement for EU Blue Cards, and update the shortage occupation lists regularly.
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