An important announcement regarding changes to the employment of certain categories of non-EU employees.

Newsflash – 01/10/2007

New Belgian migration rules

We are pleased to inform you that last week, the Royal Decree with respect to the simplification of the rules as to the employment of certain categories of non-EU employees has been published in the Belgian State Gazette.

The most important changes relate to non-EU researchers and managers of Belgian headquarters of Belgian or foreign multi-nationals.

The Royal Decree exempts non-EU researchers who are employed within a Belgian university or a recognized research facility to conduct research from being in possession of a work permit. Furthermore non-EU managers who are employed by a Belgian head office (with a local employment contract), earning at least 56.187 Euro gross on a yearly basis, are also exempted from the obligation to be in possession of a work permit.
 
The above mentioned exemptions are granted for an unlimited period of time. A number of other temporary exemptions, of which the definitions are in most cases similar to the exemptions created in Limosa, are introduced as well. It concerns:

· An exemption for certain intra-company trainees (for a period of maximum 3 months);

· An exemption for attending scientific congresses (for up to 5 days per calendar month);

· An exemption for meetings in limited circles (for up to 5 days per calendar month);

· An exemption for specialized technicians who come over to assemble/install foreign build machines/installations (for up to 8 days);

· An exemption for specialized technicians who come over to repair foreign build machines/installations (for up to 5 days per calendar month);

· An exemption for test-drivers (for testing prototypes during a period of maximum 4 weeks).

Note that further to the employment of a trainee or manager, the migration authorities need to be informed about the employment of the individual employee at the start of his activities at the latest.

For all exemptions, the employer will need to be able to prove to the authorities that he is lawfully employing the persons without a work permit in Belgium.
 
The new rules will enter into force on 8 October 2007. 
 
Should you have any questions, please do not hesitate to contact:
 
Matthias Lommers, Attorney, mlommers@laga.be

(Laga 2007)