Crackdown on business visa abuse

Several breaches of regulations have been recorded following workplace inspections at the offices of various international companies based in the Brussels region.

The breaches mainly involved Indian IT engineers who were working at the premises of a Belgian company without being in possession of the required paperwork.

While the Indian employees should have been in possession of a work permit, they were only in possession of a business visa, which does not allow them to actually work in Belgium.

Although the violations were committed by only a small group of Indian IT engineers, the Belgian government will introduce various measures — under pressure from Belgian labour unions — to prevent such situations from occurring in the future.

Belgian Employment Minister Labour Peter Vanvelthoven announced late in December that stricter conditions will apply in future to the awarding of business visas.

A compulsory declaration lodged with the Belgian social security authorities will also be required for all employment (even short-term) undertaken in Belgium.

Progress on work permit exemptions

The Cabinet has approved Employment Ministry plans to simplify the rules regulating the employment of certain categories of non-EU employees.

The Royal Decree that needs to implement these changes is not yet definitive and still requires approval of the Council of State and regional authorities.

However, we can already inform you that the changes will mostly relate to non-EU researchers and managers of Belgian-based multi-nationals.

According to the plans, non-EU researchers who are employed within a Belgian university or a recognised research facility will no longer need to be in possession of a work permit to enter into employment in Belgium.

Non-EU managers who are employed by a European head office in Belgium of a multinational company will also be exempted from the need to have a work permit.
 
These exemptions will be granted for an unlimited period of time. A few new temporary exemptions from being in possession of a work permit are set to be introduced as well.

These concern an exemption for certain intra-company trainees, an exemption for non-EU nationals coming over to Belgium to attend meetings or congresses, an exemption for specialised technicians who come over to repair foreign-built machines/installations and an exemption for test-drivers.

Instead of an application for a work permit, a 'certificate of exemption' will need to be requested with the competent immigration authorities prior to the posting to Belgium.

Details regarding to the implementation of these new rules are not yet decided upon. The new regulations are expected to enter into force in the course of 2006.

3 January 2005

Lawyers Lynn Bogaert and Matthias Lommers work for Belgian law firm Laga, located at www.laga.be or contactable by phone: 02 800 7000.

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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 2006]

Subject: Expat news