As of 29 May 2009 Company Headquarters are no longer required to obtain work permits for any level of non-European Economic Area (EEA) citizen employed in a managerial position.
Since 12 September 2007 already, work permits have not been required for non-EEA citizens appointed by Company Headquarters for managerial positions below the two highest levels of management. The Royal Decree of 28 May 2009 extends this exemption to the top two layers of Management.
The following conditions have to be met for the work permit exemption to apply:
- The employee concerned must be employed by the headquarters of a Belgian or foreign multinational company based in Belgium.
- The employee concerned must occupy a managerial position in the company.
- The employee must be linked with an employment contract to a Belgian company and earn no less than €59,460 (2009) gross salary on a yearly basis.
- The employer must be a head office as defined by law (Royal Decree of 9 June 1999).
- The head office must inform the Regional Administrative body of which territory they are situated in of the top manager’s employment contract within the company.
If these conditions are met, a non-EEA CEO or Director is exempt from the requirement to be in possession of a work permit and his/her employer is exempt from the requirement to be in possession of an employment authorisation.
