New rules on economic migration to the Walloon Region

The Walloon government has reformed the rules governing the access of foreign workers in Wallonia. This reform includes changes to the conditions for access to the labour market, the deadlines for processing applications and the maximum duration of permits.

Context

As part of the cooperation agreement of 2 February 2018 between the federal state and the federated entities on work permits, the Walloon government has reformed the rules on economic migration for foreign workers.

This reform, which came into force on 1 September 2024, aims to simplify admission procedures, reduce processing times and provide greater transparency for employers and foreign workers.

The main changes introduced by the reform are set out below.

Main points of the reform

Conditions for admission to work in Wallonia

Two conditions must be met for a non-EEA national to be admitted working in Wallonia:

1. the employer must prove that it is impossible to recruit a Walloon worker for the specific position. This is for example the case when the position is mentioned on the list of bottleneck professions or upon proof that the position was posted during 4 weeks on specific job websites;
2. the employer and the third-country national are bound by a document, such as an employment contract, in which the employer undertakes to pay the costs of the journey to Belgium and to guarantee medical and pharmaceutical care.

B permit and single permit:

• B permit: from now on, the B permit will be issued if the application for admission to work covers a period of 90 days out of a rolling period of 180 days (instead of the 'strict' 90 days previously);
• Single permit: the worker must have a single permit (work permit + residence permit) if the application relates to more than 90 days.

Authorization to work for an unlimited period

A third-country national may be admitted working for an indefinite period if he or she meets one of the following conditions:

• Have worked for 4 years with a work permit (or in same case for 3 years), during a maximum of 10 years of legal residence;
• Have obtained long-term resident status in another EU country after 12 months of legal residence in Belgium;
• Have obtained an EU Blue Card in Belgium after 12 months of legal employment.

Workers can change jobs or employers without having to reapply once they have acquired this status.

Admission procedure

The employer must submit the application for admission to work on the « Guichet unique » website www.workinginbelgium.be and pay the costs of the procedure.

The delegated civil servant will then decide on the admissibility of the application and inform the employer of its decision and/or request the missing documents.

The civil servant then notifies the decision to refuse or allow the person to work no later than 120 days after this notification. This time limit is reduced in certain cases. In the case of renewal decisions, the time limit is 30 days.

Remuneration and working conditions

The employer must guarantee that the foreign national's remuneration is sufficient to meet his needs and those of his family. It may not be less than the guaranteed average monthly income and the remuneration offered in the French-speaking region for similar functions.

To remember

Since 1 September 2024, new rules apply in Wallonia regarding work permits for foreigners.

This reform includes changes to the conditions for access to the labour market, the deadlines for processing applications and the maximum duration of permits.

Source : Act of the Walloon Government of 6 June 2024 relating to the admission of foreign workers to work, B.O.G., 12 August 2024.