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Immigration to Belgium

With, among other things, many EU-driven infrastructure projects, there is a significant shortage of IT staff in Belgium. The Belgian government is aware of this shortage and looks favourably on applications from IT professionals.

Belgium is divided into three administrative areas –

• The French speaking Waloon area in the south – the capital of which is Jambes
• The Flemish area in the north – the capital of which is Brussels
• The Central Brussels area.

Applications for permits are dealt with in the regional capitals, the process is slightly different in each area, but the legislation is the same.

How long would it take to get a candidate on-site with a Belgian Work Permit?
The whole process, from lodging the application to collecting the permits from the local town hall, takes about 4 - 6 weeks.

The possession of a work permit does not exempt the holder from visa requirements. Once the permit is issued, it takes about a week for the candidate to receive a visa from the Belgian Embassy in their country of residence. It is the responsibility of the candidate to ensure that the visa is secured. The candidate in person, however, must make this application.

Before the work permit/visa is approved, the applicant may visit your or your client’s offices to assess the tasks on a Shenegan visa. They may not however start work until the permit has been approved.

Can a Company obtain Belgian Work Permits?
There are two possible ways for the candidate to be employed with a work permit:

a. As a direct employee of a Belgian company.

b. As an employee of a foreign company, providing services to a Belgian company.
This foreign company must not be a recruitment agency and should produce a service contract as part of the application. Where this occurs, the application needs to be made in conjunction with a Belgian accountant who must administer the pay rolling of the candidate to ensure that all tax and social security is duly paid.

What are the requirements for a candidate to qualify for a Belgian Work Permit?
The only explicit requirement is that the position is "high level" – commanding a salary in excess of BGF 8200 per month (cGBP1366) if paid in Belgium, or BGF 14000 (cGBP2333) if paid elsewhere.

It must be shown that the candidate has the qualifications and experience necessary to fill such a high level position, but there is no requirement of advertising for the positions.

If the application is for an assignment permit (b above) then the candidate should have at least 6-12 months experience with the service provider, to justify the claim that they have experience with the company’s systems.

NB A Belgian work permit is employer specific, and working for another Belgian company would not be legal unless a fresh application has been made by the new employer and approved by the authorities.

How does a candidate apply for a Belgian Work Permit?
Once the application has been assembled and all relevant parties have signed it, the application is lodged with the Belgian authorities. It takes a week for the formalities to be completed after which the candidate may travel to Belgium to begin working.

What is the difference between a work permit and a visa?
A work permit is permission for a company to employ a foreign worker given by the labour authorities. It does not allow the candidate to travel to or reside in Belgium. Once the work permit has been approved the candidate should apply for a residence visa (type D), a Schengen (type C) visa is not sufficient to take up employment.