Effective October 1, 2024, the Brussels Capital Region will implement revised immigration rules. Below is an overview of these new regulations, providing clarity on the upcoming changes.
Revised Salary Thresholds
A significant modification is the transition from an annual salary threshold to a monthly basis for determining the eligibility of highly skilled employees and European Blue Card holders. Only the employee’s base salary (designated as ‘Code 1’ on the DMFA declaration) will be considered, excluding additional earnings such as 13th month (year-end) premium, double holiday pay, and potential bonuses. The revised monthly salary thresholds, which will be indexed annually starting from 2025, are outlined as follows:
- Highly Skilled Employees: €3,591.12 gross per month. The previous annual threshold was €50,310.00.
- European Blue Card Holders: €4,604.00 gross per month. The previous annual threshold was €65,053.00.
These new thresholds will take effect from October 1, 2024 onwards. However, existing work authorizations, under prior rules, will remain valid until their renewal, and authorities will adopt a pragmatic approach in controlling annual thresholds for work authorizations issued before this date.
Documentation Requirements
Applications must now include a detailed job description, highlighting the company’s area of activity—especially the specific area the employee will work within—and an organizational chart that outlines the employee’s role and reporting structure.
European Blue Card Modifications
From October 1, 2024, changes to the European Blue Card (EBC) include:
- A required employment contract duration of at least 6 months, reduced from the previous 12 months. This should give employers in Brussels more flexibility.
- The base monthly salary requirement remains as detailed above.
- Eligibility requirements include a minimum of a bachelor’s degree or at least 3 years of relevant professional experience within the last 7 years, specifically for ICT specialist or manager roles. It will be easier to hire foreign workers with experience in the ICT sector who do not have the required academic qualifications.
- After 12 months, the holder of a EBC may work for any employer, provided they meet the necessary conditions.
Annual Reporting Obligation
The annual requirement for employers to report salary information will be discontinued. Instead, the authorities will automatically gather this data from payroll records, simplifying compliance for employers. However, additional information may be requested by authorities to address discrepancies or regularize payments as needed.
Single Permit for Indefinite Duration
The process to obtain a ‘single permit for an indefinite duration’ has been simplified to enable more employees to qualify based on their work history in Belgium:
- Brussels: eligibility after 30 months with a single permit/EBC issued by the Brussels authorities, or 4 years under permits from any Belgian regional authority.
- Flanders: eligibility after 4 years, with special provisions for Turkish nationals, who may qualify after 3 years (or 2 years if living with family).
- Walloon Region: from September 1, 2024, eligibility after 4 years, with a reduced period to 3 years for specific nationalities (e.g., Turkey, Serbia) or 2 years if their family has been living with them.
Self-Employed Workers
On October 1, 2024, new regulations for professional cards for self-employed workers also came into effect within the Brussels-Capital Region, aiming to streamline the application process. These changes are designed to foster a transparent application system by detailing eligibility criteria and specific conditions for both application refusals and renewals.
The changes ensure that applicants demonstrate how their business activities provide distinct added value to the local economy and meet financial sustainability requirements. The new rules suggest an increased risk of refusal if applicants fail to show that their professional activity is financially viable and sustainable.
Conclusion
These new regulations mark a significant update to the immigration framework within the Brussels Capital Region, streamlining processes and adjusting requirements to better reflect the region’s economic and labour market conditions. Many of the changes are part of a broader effort to increase foreign worker retention, amid an ongoing labour shortage in Belgium.
The Walloon Region is expected to implement a similar set of measures in the next few months.