Employment of foreign workers: amendment of the cooperation agreement on economic migration

Context

On 20 October 2021, the EU adopted a directive updating the rules for highly qualified workers wishing to obtain an EU Blue Card. The EU Blue Card gives highly qualified third-country workers the right to reside and work in a EU Member State.

Belgium had until 18 November 2023 to transpose the directive. It has now done so by amending the Cooperation Agreement between the Federal State and the Regions (and the German-speaking Community) of 6 December 2018.

In addition to "highly qualified" workers, the amendment to the Cooperation Agreement affects a wider group: holders of an EU blue card, seasonal workers, workers transferred within a group of companies, researchers, trainees and European volunteers.

Hereunder are the main changes.

Amendments applicable from 5 April 2024

Accelerated authorization to work in Belgium: foreign workers who have obtained a single permit cannot start work until they have registered at the municipality of their residence. As this takes some time in some municipalities, these workers can now start working on the basis of a so-called 'Annex 46' for a maximum of 90 days. Of course, registration with the local municipality must have taken place during this period.

Duty of competent authorities to provide information: the competent authorities have an active duty to provide information to foreign workers on: 1) the supporting documents to be attached to the application; and 2) their rights, obligations and procedural guarantees. This provision should reduce delays caused by procedural errors.

Processing times: for the categories covered by the Cooperation Agreement, faster processing times of up to 90 days now apply, instead of the usual 4 months for a standard single permit. The Cooperation Agreement also stipulates that the decision must be notified within the same processing time. However, exceeding the processing time will no longer automatically result in a positive decision.

Non-renewal of the work permit does not automatically mean the end of the right to reside: the Cooperation agreement provides that in the event of non-renewal of the work permit, the right to reside will automatically end after 90 days. From now on, this rule will only apply if the legislation explicitly foresees this. This is for example the case for seasonal workers and persons subject to temporary intra-corporate transfers. The other categories covered by the Cooperation Agreement are therefore no longer affected.

To remember?

From 5 April 2024, the Belgian Cooperation Agreement on the employment of foreigners will update the rules on obtaining or losing the right to work and reside in Belgium for several categories of foreign workers.

It should be noted that the legislation of the federated entities still needs to be adopted before the EU Blue Card Directive can be fully transposed.

Source : Cooperation Agreement of 22 March 2024 amending the Cooperation Agreement of 6 December 2018 between the Federal State, the Walloon Region, the Flemish Region, the Brussels-Capital Region and the German-speaking Community implementing the Cooperation Agreement of 2 February 2018 between the Federal State, the Walloon Region, the Flemish Region, the Brussels-Capital Region and the German-speaking Community on the coordination of policies on the granting of work permits and residence permits and on standards relating to the employment and residence of foreign workers, B.O.G., 26 March 2024.