The Consent Act concerning the Single Permit was published on 24 December 2018. The new rules on the 'Single Permit' must therefore be applied since 1 January 2019.
The Single Permit in Belgium
The 'Single Permit' is a combined work and residence permit issued through a single application procedure. It replaces the former work permit and residence permit that previously had to be applied for through separate procedures.
For Belgium, the introduction of the 'Single Permit' means a considerable change of the existing framework. Accordingly, various types of work permits that existed for students and refugees, among others, will disappear. On the other hand, a number of categories of foreign employees now have to go through the combined application procedure, whereas they were previously exempt from a work permit when they wanted to work in Belgium (e.g. researchers).
In any case, note that the combined application procedure only applies to employment of more than 90 days. If the employment is for a maximum of 90 days, the existing work permit B must still be applied for.
One application procedure for residence and employment
The 'Single Permit' procedure will take longer than the procedure for obtaining a work permit B for managers and highly qualified people. Companies must expect a minimum period of 4 months.
Employees can no longer be sent to Belgium during the application procedure. Under the old scheme, it often happened that employees already travelled to Belgium after receiving the work permit by making use of their right to short stay, so that they could already start performing work on Belgian territory in anticipation of the long-term residence permit. This time gain now disappears.
The application for the 'Single Permit' is submitted by the employer (or his representative). It is only submitted by the employee if it concerns an application for an 'admission to work for an indefinite period of time'. This is possible, for example, if he has already worked in Belgium for four years.
The complete file must now be submitted to the competent Region and is then sent to the Immigration Department in order to obtain a decision on the residence. Since 1 January, all application files for the Flemish Region must be submitted to the central administration of the central Economic Migration Service in Brussels. The employer must submit the application via an application form accompanied by a number of basic documents (e.g. a valid identity card, medical certificate, extract from the criminal record, etc.). For some nationalities, obtaining the 'criminal record extract' may take a long time. Employers are therefore advised to complete all necessary paperwork in due time. The application therefore requires slightly more organization and planning for companies than the previous one.
If both authorities take a positive decision, the employee must apply for the 'Single Permit' at the municipality if he already resides in Belgium or obtain his visa at the embassy or consular office abroad. If the Immigration Department takes a negative decision, the employee can file an appeal with the Council for Immigration Disputes. He can file an appeal against the decision of the Council for Immigration Disputes with the Council of State. If the Immigration Department takes a positive decision, but the Region a negative one, both the employee and the employer can file an appeal with the competent regional minister. The latter's decision can be appealed with the Council of State.
New policies in Flanders to promote international mobility
Flanders has also adopted new policies with regard to the employment of foreign workers. These rules have also entered into force since 1 January 2019 and have been implemented in the framework of the Single Permit. Flanders is thus the first Region to make use of its competence to change regulations on the employment of foreign workers. No substantive changes have been made in Wallonia and Brussels so far.
In Flanders, highly skilled people, managers and researchers now enjoy privileged treatment to obtain a Single Permit in Flanders. These categories can be granted a Single Permit for a period of 3 years, so that a company no longer has to apply for an annual renewal. The salary thresholds for highly skilled workers and managers will change and will be published annually by the Economic Migration Service. For young highly-skilled employees (younger than 30 years) and nurses, the salary threshold will be lowered to 80%. It is therefore advisable that companies continue to closely monitor how the salaries of their foreign employees evolve. The thresholds are adjusted and published annually. After three years, the salary for the entire period will be checked. For young employees, it must be ensured that the salary is increased as soon as the age of 30 years is reached.
