The federal government has announced that rules regulating the employment of foreign workers will be simplified next year for various non-EU employees,

State Secretary for Administrative Simplification Vincent Van Quickenborne said last month the main changes relate to non-EU researchers and managers of Belgian-based multinationals.
 
According to the plans, non-EU researchers who are employed within a Belgian university or a recognised research facility will no longer need a work permit to work in Belgium.

Non-EU managers who are employed by a multinational with a European head office in Belgium will also be exempted from the work permit obligation.
 
The exemptions will be granted for an unlimited period of time.

However, several temporary exemptions freeing expats from the need to be in possession of a work permit will be introduced in future also.

These concern:

• An exemption for certain intra-company trainees (for a maximum period of 3 months),
• An exemption for non-EU nationals coming over to Belgium to attend meetings or congresses (for a maximum period of four weeks),
• An exemption for specialised technicians who come over to repair foreign-built machines/installations (for a maximum period of four weeks),
• An exemption for test-drivers (for testing prototypes during a maximum period of three months).

Instead of an application for a work permit, a "certificate of exemption" will need to be requested with the competent immigration authorities before the assignment to Belgium.
 
However, further details regarding the implementation of these new rules are not yet clear. Nevertheless, the new regulations are expected to enter into force sometime next year.

Salary indexation levels

The salary level that highly skilled expats from outside the EEA need to earn before being granted a work permit to work in Belgium will be raised again next year.

Linked to the index of contractual salaries, these salary levels are taken into account before authorising the employment of foreign nationals and work permits for highly qualified expats or executives in Belgium.

Such levels are therefore reviewed each year.

From 1 January 2006, Belgian authorities will allow the employment of expats and grant work permits for foreign nationals based on the following salaried conditions:

• that the highly qualified expat — whose employment in Belgium is limited to four years (but can be extended for another four years), even if suitable labour can be found in Europe to fill the vacancy — earns at least a gross salary of EUR 33,082 per year, 
• that the foreign executive who holds a management position earns a gross salary that exceeds EUR 55,193 per year.

The salary levels in 2005 were 32,261 and 53,825 respectively.

Employees who earn less than the required minimum cannot receive a work permit B — because of the 'immigration stop' — or will not be able to renew their work permit (if it appears at the time of their extension that they did not earn the minimum salary).

These salary requirements are lower than in Belgium's neighbouring countries the Netherlands, France and Germany.

People who do not earn the required salary can in principle not obtain a work permit B, unless they can be employed as "trainees" with a work permit B for trainees.

However, this involves more paperwork (trainee contract, trainee program etc) and very strict conditions as to age and studies.
 
7 December 2005

Lawyers Lynn Bogaert and Matthias Lommers work for Belgian law firm Laga and can also be contacted via phone on 02 800 7000.

Disclaimer: Although we verify the reliability of the information given, such information is general and neither Laga nor Expatica may be held responsible in any way for any possible error that might occur or for any use or interpretation that could be made of this information without the assistance of Laga.

[Copyright Laga and Expatica 2005]

Subject: Expat news