Vokawijzer2024_en_gbpages

Page 1


Voka Wijzer

‘In this Voka Wijzer, we provide practical guidance on how to recruit a third-country national through the combined permit procedure.’
GIANNI DUVILLIER
VOKA SENIOR EMPLOYMENT AND SOCIAL SECURITY ADVISER

One of the biggest headaches for employers is finding the right people. The labour shortage is strangling the growth of our businesses. Companies obviously try to engage available local talent first and foremost, but that is no longer enough. The rapidly deployable labour reserve is limited; people don’t always have the right training or experience, may lack motivation and their engagement falters and stutters. This means that our companies look across regional and national borders for staff. But often even that is not enough and searches have to be made outside Europe. This Voka Wijzer offers some tools that can help with this.

The Voka Wijzer aims to guide employers on recruiting talent from outside the European Union that is willing to move to Flanders to come and work in salaried employment for more than 90 days, and to do so under our prevailing pay and working conditions. This can be done through the combined permit

procedure, which combines a work and residence permit through a single application for a right of residence based on permission to work, better known as the single permit.

But how do you get started? With this Voka Wijzer, Voka will lead you through the process of international recruitment in practice. Using a step-by-step plan, we will steer you smoothly through the entire process: from recruitment itself, through pre-departure guidance and relocation, to onboarding and integration.

A smooth and warm welcome to international talent is extremely important in that journey. With our Voka Wijzer to hand, you will be able to help guide new employees through all kinds of issues: from housing and registration in the municipality to opening a bank account and joining a health insurance scheme. The Wijzer also covers recognition of diplomas, certificates and driving licences.

‘International houses’ have been set up in several provinces, to deal with these practical matters. They help with administrative formalities and provide connection and social integration. Of course, if you’re talking integration, you’re talking ‘language’. The Voka Wijzer therefore also helps you organise a ‘Dutch in the workplace’ course.

Labour migration in Flanders is targeted and demanddriven. No surprise, then, that the Voka Wijzer deals at length with profiles to help fill our bottleneck vacancies. Europe also has a lot in store. We examine that in this Voka Wijzer.

During the search for foreign talent, you will also come into contact with various government departments. They will be happy to introduce themselves and let you know how they can help you. We conclude this foreword and also this Voka Wijzer with a huge word of thanks to the authors of this Wijzer, Veronika Casteur Petrzelkova and Thomas Wauters (Accent Jobs), Wout Van Doren (Fragomen) and Jean-Luc Vannieuwenhuyse (SD Worx).

Enjoy reading and good luck in your search for international talent!

Helping hand from Voka

Voka provides advice and assistance to its members. One of the ways we do this is with this Voka Wijzer. Our Voka Chambers of Commerce also extend a helping hand. This ranges from training on ‘international employment’ and information sessions on new legislation to roundtables and brochures. Throughout our Voka Wijzer, you will also discover on the left and right what the Chambers are able to do in terms of labour migration. Please find below the contacts who deal with labour migration at the different Voka Chambers of Commerce, who will be happy to help you.

Antwerp-Waasland - christophe.bellens@voka.be Limburg - menno.vangemeren@voka.be Mechelen-Kempen - emiel.desmet@voka.be

East Flanders - arne.oosthuyse@voka.be

Flemish Brabant - steve.vanhorebeek@voka.be & isabel.dewinter@voka.be

West Flanders - davy.maes@voka.be

1. International recruitment: how do you get started?

International recruitment, how do you get started? In this and the following chapters, we look at the whole process in practice, from international recruitment to employment in Flanders. More concretely, we translate the relevant legislation into a step-by-step plan and provide practical tools to help you navigate the process more smoothly.

If after months of searching you still cannot get your vacancies filled, even though you have done everything possible to find the targeted profile locally or even within the EU, one option could be to look for prospective employees from third countries. Before embarking on that search, it is important to ascertain a number of things so that the new recruit is sure to feel welcome.

In

advance

First, it is important to talk this through properly with management and staff. If necessary, discuss the matter with the unions as well. If everyone is on board, the induction of the new international employee will go all the more smoothly.

Step-by-step plan for international recruitment

Second, you need to be well prepared for a possible language issue. Keep in mind that if you are looking for specific profiles outside Belgium, there is a real chance that the candidates will have no knowledge of Dutch. It is therefore important that English (or sometimes French) can also be used in the workplace. At a minimum, you must be able to provide foreign-language employees with the necessary foreign-language induction procedures, safety instructions and workplace integration tools.

The search

Now it is a matter of finding and attracting talent. How do you do this?

1. The safest option is to use a Belgian recruitment partner specialising in international recruitment. There are quite a few players in the market offering this service. A well-known example is Accent Jobs, which not by chance is a partner in this Voka Wijzer. Or ask the contacts at your Voka Chamber of Commerce for names of more partners. You can also contact Federgon, the sector organisation (info@federgon.be).

What should you pay attention to when choosing a partner? Services and expertise may vary, of course, but a good knowledge of Belgian and foreign markets and a thorough understanding of procedures should be the minimum. The partner should also have the necessary expertise to provide the talent with appropriate support. In principle, after a job interview you should be able to hand everything over until the new employee starts work with your company.

Your partner should be able to handle everything relating to procedures, relocation and arrival.

2. Joining forces with a foreign recruitment partner is also an option. That can have its advantages. The foreign partner is closer to the candidate and usually has excellent knowledge of the local market and local recruitment. This method is often also financially attractive. On the other hand, there are also disadvantages: there is often less feel for the Belgian market, and it is more difficult to check how reliable the company is and whether or not it recruits ethically. Foreign partners also tend to restrict themselves to recruitment. Everything that comes after thatprocedures, relocation and arrival - will end up in your hands in no time, and that should certainly not be underestimated.

In some countries, you can also use the national employment agency for this purpose. For instance, the employment agencies of both Morocco (ANAPEC) and Tunisia (ANETI) have a ‘Service de placement à l’international’ that deals only with international selections. The advantage of working with these public institutions is that, in addition to the preselection, they also check the authenticity of diplomas and officially registered work experience and provide follow-up for the candidate in compiling the correct documents for an application for work and residence in Belgium.

3. You can also opt to take on the administrative and practical guidance for recruiting international talent yourself, in-house. Don’t rush into anything. Invest in a preliminary analysis before deciding which country or countries to recruit from. Decide which profiles you want to attract. Delve into the procedures yourself. Make sure that one or more employees in the HR department have enough time to familiarise themselves with these issues and ensure proper follow-up. If necessary, hire a recruiter with experience in and knowledge of international recruiting. And why not make it someone who, above all, also has a certain affinity for

TIPS

Do you already employ employees of foreign nationality? If so, be sure to make use of their experience and knowledge during the recruitment process. Their understanding of cultural aspects and contacts are a huge asset, and they can act as representatives to attract others. They can also help new international employees settle in by offering support in their mother tongue.

Are you partnering with a foreign employment agency? Then be sure to check that it has the required accreditation in Flanders! Scan the QR code and discover the list.

international talent. For example, because the person himself or herself is a migrant worker or is from the country where you are going to recruit. Throughout this process, multilingualism is important. This will greatly facilitate your research into foreign markets, thus making it a profitable investment.

If you decide to follow up only certain aspects of international recruitment in-house (e.g. only submitting the single permit yourself), but not others (e.g. finding suitable accommodation), you can always negotiate modular support with a relocation office as well.

TIPThere are also organisations you can call on to build your connections abroad or get in touch directly with potential candidates. The recruitment fairs organised by VDAB International and its European counterpart Eures (European Employment Services) are definitely recommended as a good starting point. Sometimes these are virtual events, and sometimes you can physically attend them in the country of recruitment. For a list of upcoming events and more information, visit their website for European Job Days: https:// europeanjobdays.eu/en. However, as these come under the EURES network, the events are always within the EU, not in third countries.

Be sure to also keep in touch with VDAB International for information on anything organised within, as well as outside, the EU. Interested or want more information? Contact the international mediators at international@vdab.be (see also page 37 where VDAB introduces itself).

FIT (Flanders Investment & Trade the contact point for international business in Flanders) can also provide you with useful information on foreign markets.

Talent missions

Voka also does its bit. Hence, Voka Chamber of Commerce West Flanders organises talent missions to several third countries to support entrepreneurs in building their HR network. The Chamber involves companies in the narrative of labour migration as a solution to the labour shortage and points out the opportunities and barriers within this narrative. That way, interested companies see the potential for specific technical and higher-skilled profiles. Countries shortlisted for this are India, Mexico, Brazil and some Balkan countries.

During such talent missions, companies meet with interesting and relevant government agencies, training bodies, language institutes, recruitment partners and other companies, to share experiences. Depending on companies’ specific vacancies, selection and coaching procedures are launched to attract the talent. Davy Maes testifies: ‘As Voka Chamber of Commerce, we primarily have a facilitating role; we don’t have a role in the matching process between supply and demand itself. However, during the procedure to apply for the combined permit, we do put our efforts into language acquisition of Dutch (up to level A2), cultural integration within Flanders and possibly an upskilling process surrounding certain technical competences that the persons might not have acquired yet.’

More information
Discover Relocation Belgium here

If you decide to attract international talents yourself, start by publishing the vacancies for international talents in English on your own website. Also, make sure you post these vacancies on the right online job boards (websites on which vacancies are published). You can easily get started by posting vacancies on the EURES portal via VDAB or by contacting a EURES adviser.

You can find the right contacts here:

Note that this only concerns talent within the EU; the realisation of the EU Talent Pool (which you will read more about later) will open this up further to third-country nationals.

If you are looking for highly skilled profiles, the best way these days is to work through the online professional network LinkedIn. Are you looking for worker profiles? Then you would do well to pay for some local job boards in the country of recruitment where you can publish vacancies in English or even in the national language. For example, you can have your vacancies posted on the website of the Tunisian employment agency ANETI, which will then pre-select profiles that have an appropriate diploma and best meet the requirements mentioned in the job posting.

In your vacancies, always be very specific about the job content. Don’t set your expectations unnecessarily high either; for example, don’t necessarily ask for a diploma for an ICT position that can be perfectly matched by experience. Also, have realistic language requirements - you will attract English-speaking candidates from most countries around the world, and the level often depends on the profile. Then again, you can obviously expect French-speaking candidates from some French-speaking countries. Ideally, disclose in the vacancy what level of language will be expected as part of the job.

And be very transparent and specific about the salary you offer and other benefits.

The interview

Once you have found a potential candidate, through a partner or otherwise, it is obviously important to check whether there is a match in terms of skills and attitude. Fortunately, a digital interview is now an option for everyone. Generally speaking, it allows you to have an in-depth conversation and get a good feel for the candidate. Don’t just get your HR staff talk to the candidate; conversations with other colleagues or the potential manager are also important. Also, get the candidate to take tests (language, technical skills, motivation, etc.). You should also request references,

More information

Also read the international research (mainly focused on highly skilled profiles): ‘International Talent Map a Data Driven Benchmark across Selected European Countries’. This benchmark study of European countries examines the data of more than 300 companies and 2,600 employees.

TIPincluding from foreign employers where possible. You should also think about diplomas, certificates and driving licences. You can read more about that on page 30.

Remember to check with the candidate what the regulations are regarding notice from their current job (if applicable) as these vary greatly from country to country.

Be aware that talents often get job offers from all over the world and can pick and choose where to work. So think about your employer branding and what your company has to offer. Check out the results (on the right) of Accent Jobs’ survey of some 80 international talents looking for a job abroad, so you have an idea of what to throw into the fray.

Remember, finding talent is obviously just the beginning. It is the starting point of the whole process up to the candidate’s integration in Flanders. Obviously, you play a big role in this. What else should you or your recruitment partner definitely think about? You can read more about that in the next chapter.

What extra help from the foreign company does the international talent consider important? What do international talents find important when choosing a foreign company?

opportunities/training courses

Multicultural, inclusive environment

Non-financial benefits Company culture Flexible working hours (from home or o ice)

Suitable housing or help with housing search and the additional administration

Assistance with legal procedures, if needed (such as residence and work permits, family reunification, etc.)

Transport options to work (such as good connection to public transport, electric bikes/scooters, carpooling, company-provided vehicle, etc.)

Financial relocation package (such as transport costs, first month’s (or months’) rent, basic furniture, visits from family members, etc.)

Assistance with relocation (such as booking the necessary tickets, airport/train station pick-up, welcome at the property, etc.)

Administrative assistance (town hall, taxes, insurance, banks, leases, paying providers, etc.)

Language/integration course

Personal onboarding, in the right language = welcome/ introductions/getting to know colleagues/safety/etc.

Help with integration (getting to know other people and the neighbourhood, learning the customs, invitations to events, etc.)

Assistance in relocating the family.

2. Pre-departure guidance: definitely not to be underestimated

You have finally found the person to fill your vacancy and an agreement has been reached on pay and working conditions. Congratulations! Now the next step awaits: pre-departure guidance for the new employee. INTERNATIONAL RECRUITMENT PRE-DEPARTURE GUIDANCE

for a longer period of time, certainly more than 90 days. EU citizens do not need a combined permit. They are exempt.

This combined permit is a combination of a work permit and residence permit through a single application. In a complex country like Belgium, two government departments intervene for this purpose. Fortunately, all this can be done through a ‘one-stop shop’. You can read all about it below. For the sake of completeness, we are letting you know that there is another type of work permit for non-EU workers: the labour card. That is the card you need to apply for if the employee is coming to work in Flanders for no more than 90 days.

Pre-departure guidance forms an important basis for preparing the candidate’s successful relocationtheir ‘move to Flanders’, so to speak. The better this preparation is, the fewer unexpected obstacles you will encounter. If you don’t have any experience in this yet, it is definitely advisable to bring in professionals; think specialised law firms, expat agencies, temporary employment agencies and search & selection companies specialising in international recruitment, such as Accent Jobs and Fragomen. You can also contact the appropriate colleagues at the Voka Chambers of Commerce. Their contact details can be found on page 3 of this Voka Wijzer.

It is also time to start the procedure for the combined permit. As a reminder, the Voka Wijzer you are reading now focuses on hiring an employee who is still outside the European Union but who wants to move to Flanders to come and work as an employee

Your future employee’s profile is not without consequence when it comes to applying for the single permit, compiling the file, the entries in the employment contract etcetera and also the turnaround time. In Chapter 5, we detail the most coveted profiles to fill bottlenecks. We’re giving you a hint here; they are:

A. Highly skilled profiles with a certain qualification level and a high rate of pay

B. Medium-skilled workers in bottleneck jobs

C. The ‘others’: those who come to perform a job that is on the ‘broad’ VDAB bottleneck occupations list

Schematically, the practical process looks like the figure at the bottom of the page.

It is up to you as the employer to apply for the single permit. It is important to remember that permission to work as part of the single permit is always linked to employment with one particular employer and in one particular position. If the employee changes jobs and/or positions, in principle he or she needs a new permit.

Before this application for a single permit can actually be submitted, you need to put together a file. To do so, both you and the employee need to compile a number of documents. Some documents are needed for the work permit. Others are mandatory for obtaining the accompanying residence permit.

File compilation checklist for single permit application

→ Employment contract

The key element of the application is obviously the employment contract. So that’s where we start.

When applying for a work permit, the employer must attach a copy of the employment contract signed by both parties. The employment contract can be either a blue-collar or white-collar employment contract and must of course meet all employment law requirements.

The employment contract must be drawn up in Dutch for employment in the Flemish Region. If desired, a translation can always be added for the employee, but only the Dutch-language version will be considered for the combined permit application.

If the application is specifically for a bottleneck occupation, the Flemish government also asks for a detailed job description.

The start date can be freely determined, but employment cannot in principle start before the combined permit is granted. Since the entire procedure can take quite a long time, it is best to take

Single permit procedure

EMPLOYER

COMPILE THE FILE

EMPLOYMENT CONTRACT

FEE PAYMENT APPLICATION

ECONOMIC MIGRATION SERVICE (EMS)

ADMISSIBILITY

WORK PERMIT TRANSFER TO THE IO

IMMIGRATION OFFICE (IO) START-UP: CANDIDATE IN BELGIUM

RESIDENCE PERMIT

ANNEX 46 = GRANT OF COMBINED PERMIT

MUNICIPALITY

OF RESIDENCEAPPLICATION FOR A-CARD

ANNEX 49 PENDING

START OF EMPLOYMENT

CANDIDATE ABROAD

BE EMBASSY IN HOME COUNTRY - D VISA

REGISTRATION WITH BE MUNICIPALITY + APPLICATION FOR A-CARD ANNEX 49

START OF EMPLOYMENT

this into account when setting the start date. Also bear in mind that application turnaround times often depend on the profile of the foreign worker for whom the application is made.

Lastly, the employment contract also constitutes proof of sufficient means of subsistence, which is a condition of residence.

Here you will find an indication of waiting times by employee category

More information

So the message is to apply on time because the foreigner is not allowed to start working before the work permit or single permit is delivered. It is also possible to make the start date dependent on when the combined permit is granted.

TIP→ Diploma or documents concerning employee’s education or experience

For an application for a combined permit for a highly skilled person, a copy of the diploma must be submitted.

For a combined permit to work in a bottleneck occupation, the Flemish government asks for proof that the foreign worker has the necessary capabilities to perform the job. This can be through completed training, but experience is also taken into account.

Documents that can be used include:

» A curriculum vitae

» Proof of previous employment

» Social security certificate listing previous employment

» Certificate of completed training

→ Passport and/or residence permit

The employee must always present a copy of his or her valid passport. The personal details page is particularly important, but it is recommended that he or she copies every page, especially if it contains entry and exit stamps. In principle, the passport must still be valid for at least 12 months at the time of application.

To avoid problems, we recommend that employers include a condition precedent or subsequent in the employment contract. The condition precedent means that employment will not start until the employee has the necessary permits, while the condition subsequent means that if those documents are not obtained by a certain date, the employment contract will end automatically, without notice or compensation.

If the employee does not reside in the country of his or her nationality, he or she must also submit a copy of his or her local residence permit. This is because the combined permit is delivered via the Belgian diplomatic post (e.g. embassy or consulate) competent for the employee’s place of residence.

Although, in principle, the single permit can only be applied for when the foreign worker is still abroad, profiles such as highly skilled, managerial and medium-skilled (more on that later) are allowed to already be in Belgium before the Flemish government grants permission to work. The only condition is that they have legal documents to reside in Belgium. If the employee already resides in Belgium, he or she must present a copy of his or her valid Belgian residence permit, in addition to his or her passport.

→ Extract from criminal record

The employee must submit an extract from the criminal record of the country of residence before moving to Belgium. This extract from the criminal record must confirm that the employee has not been convicted of crimes, and must be no more than six months old at the time the application is submitted. The extract from the criminal record must be legalised and accompanied by a sworn translation if not drawn up in Dutch, French or English.

→ Medical certificate

The employee must also present a certificate in which a doctor confirms that he or she is not suffering from an illness that could pose a danger to Belgian public health. The certificate must be no more than six months old at the time of application for the combined permit.

It is important to use the model certificates provided by the Immigration Office (IO) on its website. You can read more about this service below.

In addition, the medical certificate cannot be completed by just any doctor. Belgian embassies use a list of approved doctors for each country. Only medical certificates obtained from a doctor on this list can be accepted.

Some embassies publish this list of approved doctors on their websites. If this is not the case or if in doubt, this can always be checked with the embassy.

In Belgium, however, the medical certificate can be completed by any Belgian doctor. However, a certificate from a Belgian doctor can only be used if the foreign worker was also legally residing in Belgium at the time of the medical examination. This will not usually be the case for an application for a combined permit, as the worker will generally still be abroad.

→ Health insurance declaration of commitment

The employee must prove that he or she has health insurance in Belgium. As soon as he or she comes to work in Belgium, he or she will in principle be able to join a Belgian mutual health organisation. However, this cannot be done at the time of the combined permit application.

For this reason, the employer may also submit a ‘declaration of commitment’. With this declaration of commitment, the employer declares that it will register the employee with a Belgian mutual health organisation as soon as he or she arrives in Belgium.

The model declaration of commitment is available on the IO website.

Although it is not compulsory to use this declaration of commitment, it is recommended, as proof of health insurance can be provided very easily through this route.

Finally, the proof of health insurance or declaration of commitment should be no more than six months old at the time of filing the application for the combined permit.

Documents not drafted in Dutch, French or English must be accompanied by a sworn translation. Legalisation of certain documents is also required.

Translation of documents

All documents not in Dutch, French or English (with the exception of the employment contract which must always be in Dutch) must be translated by a sworn translator before they can be used in the application.

There are two ways to obtain a translation:

» The documents are translated by a sworn translator in Belgium. They can be found through a search of the FPS Justice database:

» The documents are translated by a sworn translator abroad: in this case, translators accredited by the local Belgian diplomatic post must be used.

Important: when applying for a combined permit, you must submit both the original document and the sworn translation. The translation on its own is not enough.

Legalisation of documents

For some countries, there is a simplified legalisation procedure called an apostille. The apostille consists of only one step, namely the confirmation of authenticity of the document by the country issuing the document by means of an apostille sticker. More information

Documents issued by foreign authorities must be legalised before they can be used in Belgium. These are official documents, such as an extract from the criminal record, a birth certificate or marriage certificate. Diplomas do not usually need to be legalised (read more about this on page 30).

Legalisation consists of two steps: confirmation of the authenticity of the document by the Ministry of Foreign Affairs of the country issuing the document, and then confirmation of this by the Belgian diplomatic post with jurisdiction over the country in question.

More information on the apostille

Once the file has been compiled, a fee must also be paid to the IO. Currently, there are no rules on who should pay the contribution. Usually, the employer bears the cost, but the employee or a third party can also pay the contribution. Proof of payment must be added to the application file. Fee amounts are adjusted on 1 January each year.

The fee (effective since 1 January 2024) for an application for a combined permit is €144.

A full overview of all amounts, as well as information on the method of payment and the reference to quote, can be found here

Submitting the application

Now you are ready to submit the application through the one-stopshop portal Working in Belgium. You can do this on the following website.

After logging in, you will be taken to an interactive form that adapts to your answers and works very intuitively. If you still get stuck, try the tutorial first, which you can find online.

Still need further support? Please contact the Eranova contact centre, the government helpline: by phone on +32 (0)2 511 51 51 or by e-mail at contactcenter@eranova.fgov.be

You must also provide a temporary National Register number (the BIS number) for the candidate. This number is a required field on the form. You apply for this number via the BelgianIDpro platform.

You do this using a good scan of an international passport of the candidate and the following information (person’s name, date of birth, country/ place, nationality, sex, current place of residence). In addition, you must categorise the job for the application with an ISCO code (the International Standard Classification of Occupations).

You can find those here:

It is the employer who initiates the procedure and submits the single permit application. However, remember that you can also authorise someone to complete the application on your behalf. In that case, you will need to provide a mandate between you, the mandator, and your service provider, the mandatary.

This is done through the Mahis platform:

For any candidate who is abroad at the time of application, you will also have to indicate in the application a diplomatic post where the single permit (Annex 46) can be issued.

Search for the nearest diplomatic post for the candidate via:

In some cases, this may even be in a different country from where the candidate is located. Discuss with the candidate what the best option is.

When all the steps have been completed and the application has been effectively sent, a reference number will appear in the portal next to the name of the employee concerned. This reference number is used by the authorities. It is important to keep this number for future communication.

ECONOMIC MIGRATION SERVICE (EMS)

ADMISSIBILITY

WORK PERMIT

TRANSFER TO THE IO

IMMIGRATION OFFICE (IO)

RESIDENCE PERMIT

ANNEX 46 = GRANT OF COMBINED PERMIT

Handling of the application

As soon as the application has been submitted, the application handling process by the competent authorities starts. Due to the division of powers between the federal and regional governments in Belgium, the application procedure for a combined permit is in two stages. First, the case is handled by the competent region. For Flanders, this is the Economic Migration Service (EMS). This service deals with the work permit. If the region makes a positive decision, the file is automatically forwarded to the federal Immigration Office (IO). This department makes the final decision.

The competent region is determined by the place where the employee will be mainly employed. If that cannot be determined, they will look at the employer’s registered office. The online one-stopshop application automatically assigns the file to the competent region, based on the employment details entered. The employer does not need to take any action on this. This Voka Wijzer assumes that the application is being handled by the Flemish Region. The region only decides on the work permit, and will also only control the regional conditions for such work permit.

The work permit is carried out by the EMS. You can read how the EMS helps businesses on page 38. The regional service decides whether the application is complete, and informs the applicant of that decision. If any documents are missing or incomplete, the regional service will inform the applicant in writing of the additional information or documents to be submitted. You have a period of 15 days from the service of the letter requesting these documents to submit them.

If the additional documents or information have not been provided within this period, the regional

service will declare the application inadmissible. The employer will be informed of the decision of inadmissibility by registered letter.

As soon as the region takes a positive decision, the file is automatically transferred to the IO for the decision on residence in Belgium. This office only checks the conditions for obtaining a residence permit. If the IO also takes a positive decision, a decision is issued that grants both the right to work and the right to stay at the same time. To this end, the IO delivers the ‘Annex 46’ as the definitive granting of the single permit.

TIPThe sticking point is that the whole procedure may take quite some time. For the most up-todate processing times at the EMS, visit the Flemish government’s website:

Lastly, what else is covered by pre‑departure guidance?

» Explaining to the new employee the procedures and support offered in obtaining the necessary documents.

» Checking the validity of a third-country driving licence in Belgium and starting the procedure for recognition of foreign diplomas, if necessary.

» If possible, making a start with language lessons and cultural orientation online at this stage.

» Beginning the search for housing and thinking about mobility solutions.

» Clear communication on single permit decision and where to pick up the D visa.

We will return to several of these points below. So keep reading. It is of course advisable to stay in close contact with the new employee throughout the procedure.

Turnaround time

Please can it be sped up?

A known constraint in the procedure for obtaining a combined permit to employ foreign workers is the long turnaround times at the relevant government departments. This creates issues for our companies when competing with other countries to attract international talent. Hence Voka continues to insist on the necessary speed.

No fewer than four different government departments are involved in the procedure: the Flemish EMS, the federal IO, the consular posts and, finally - on the candidate’s arrival - the municipality. All these services have fluctuating turnaround times which, for the EMS and the IO, can be as long as two to three months at times. In practice, this often brings the total to five to six months. This puts Flanders in the European middle ground, but limping behind the top European countries in terms of attracting international talent, such as the Netherlands, the United Kingdom and Ireland.

The EMS does, though, follow the good practice of publishing current processing times on its website, and recently managed to reduce turnaround times drastically for applications for highly skilled profiles to a few weeks. Whether the latter persists, however, is an open question. It was also recently clarified jointly by the Flemish and federal governments that an employee should be able to start working upon arrival in Belgium and not have to wait for the start of the registration procedure with the municipality and the issue of the ‘annex 49’, which in some cases saves several weeks compared to previous practice.

Improvement tracks

An obvious solution to these long turnaround times is, of course, recruiting and retaining the required staff and smart handling of applications using the latest technologies, such as the Gatekeeper project, in which rogue companies are detected by inspectorates, based on artificial intelligence (AI).

There are some simple improvements that could be made to this procedure to improve turnaround time. These would allow the EMS and the IO to handle the application in parallel instead of sequentially as is the case now, at least for highly skilled profiles. The percentage of applications refused by the Flemish Office is so low that any unnecessary handling of these files by the IO does not outweigh the gains in turnaround time. Secondly, for foreign nationals exempt from short-stay visas (think nationals of the United States, the United Kingdom, and most Latin American countries), skipping the step of obtaining a long-stay visa at diplomatic posts ought to be made practicable, as provided for in existing legislation. Unfortunately, IO practice makes this almost impossible.

Lastly, there are no formal systems of expedited handling in Flanders. In the current published turnaround times, the EMS does, though, distinguish between the different categories, with applications for highly skilled workers being handled faster than, for example, applications for bottleneck occupations. It is also possible to informally request faster handling. None of these interventions provide certainty to employers, though.

However, many other European countries do have such formal fast-track systems, which can take various forms (see Figure - Fast Track Analysis (Europe)):

» Payment of an additional fee: processing is accelerated upon payment of an additional fee.

» Accredited sponsorship: processing is expedited and/or simplified for employers who have been previously accredited by the authorities.

» Specific categories of applications: processing is expedited for specific categories of applications or for certain profiles of workers.

» Extraordinary requests: expedited handling can be requested through a formal procedure.

A concrete example of a system of accredited sponsorship that can serve as a model can be found in the Netherlands. Employers

Fast Track Analysis (Europe)

Payment of fee

Approved sponsorship schemes

Specific categories for permit/applicant

Extraordinary application

No expedited process

can obtain prior accreditation there, which makes it possible for them to make a simplified application for a work permit for highly skilled workers. A more limited prior check of documents means the necessary permits are issued faster. A possible check afterwards guarantees the accuracy of the application. Accredited companies that fail to comply with the obligations imposed by this faster procedure may lose their accreditation.

3. Relocation & onboarding

When the time comes for the new employee to leave his or her home country and move to his or her new home and workplace, a new, often exciting period starts. Any help with this transition will certainly be welcome. As an employer, this is where you can make a difference.

Relocation

One of the things you can do to ensure a smooth relocation is help book the right flight. Remember to keep in mind which airport it will land at and find a good connection to the accommodation provided. Also factor in an extra margin in case there are delays. Of course, you can also opt to greet your new employee at the airport yourself and take him or her home personally. That’s quite a welcome! If the accommodation does not have furniture, it is helpful to arrange it in advance so that the candidate has at least some basic comfort on arrival. Sometimes newcomers prefer to buy their own furniture after arrival, but practical tips on this matter will certainly be appreciated too. It is also advisable to help them explore the immediate area, so they know where to do their shopping or where to fill up or recharge the car.

The new employee may find that his or her foreign SIM card no longer works on arrival in this country. If that’s the case, he or she can purchase a new prepaid card at the airport itself on presentation of an international passport. The problem is that its activation can take several days. Therefore, we recommend encouraging the candidate to arrange for an e-sim card before relocation.

One example is Airalo:

Also bear in mind that not every credit card from the country of origin will work in this country and it may be difficult for your new employee to withdraw or transfer money to Belgium before activating a Belgian bank account. So, recommend bringing enough cash to cover the first month and bear in mind that he or she may not be able to pay things like the rent deposit in Belgium from the bank account in the country of origin.

For the initial settling-in period, it is best for the newcomer to have a few days off between arrival and the first day of work, because there are still things to be arranged.

Once the combined permit is granted, the candidate must go through the start-up process. What does this entail?

→ Candidate’s start-up in Belgium

Was your candidate legally present in Belgium during the procedure? Then you start up the candidate in Belgium. In that case, the candidate simply makes an appointment at the municipality to apply for his or her residence permit, also known as the A-card. Pending its issue, he or she will receive an Annex 49 that he or she can use to start work.

→ Candidate’s start-up abroad

Was your candidate in his or her home country during the application? Then it is a matter of first making an appointment at the pre-selected diplomatic post to pick up a D visa, which can then be used to travel to Belgium. When the candidate gets here, he or she must register with the municipality of residence without delay. Notification of arrival and application for registration in the foreigners’ register at the municipality is mandatory. There, the candidate then obtains Annex 49, pending the A-card. Annex 49, as already indicated, entitles the candidate to start work.

Note!

In some countries, the Belgian administration outsources the issuing of visas to a subcontractor TLS, that is to say the Belgian visa application centre.

MUNICIPALITY OF RESIDENCEAPPLICATION FOR A-CARD ANNEX 49 PENDING START OF EMPLOYMENT

REGISTRATION WITH

+ APPLICATION FOR A-CARD ANNEX 49 START OF EMPLOYMENT

Visit their website to see which countries they operate in. Check with the embassy in good time how long it takes to get an appointment for visa collection and what payments and paperwork need to be taken care of. In some countries, you are well advised to schedule an appointment even when the decision has not yet been effectively taken, due to sometimes weeksor months-long waiting times.

At some Belgian municipalities, it can take weeks to make an appointment to register and apply for the residence permit (A-card). Some municipalities provide Annex 49 digitally, without requiring physical presence. We advise you to check in advance with the municipality where the new employee will be housed and, if possible, schedule an appointment after the anticipated arrival date, before he or she

actually arrives in Belgium. In some major cities, such as Antwerp or Ghent, this is not possible and the candidate will have to wait to book the appointment after arrival.

After a visit by a district police officer, who confirms the applicant’s domicile, the municipality will issue the A-card.

Other points of attention for a smooth relocation

→ Information on becoming a resident

Keep in mind that the rules and customs in Belgium may seem strange to someone from another country or continent. Take, for example, the system of advance bills and statements for paying for energy and water. Arranging an internet connection can also sometimes take a while, so we recommend using an alternative solution, such as Tadaam, in the meantime:

One of the most unclear issues here is the sorting of waste and the rules relating to this, which can vary from one municipality to another. This certainly deserves proper explanation.

→ Joining Belgian health insurance

Anyone working in Belgium must join the Belgian public health insurance scheme (mutual health organisation or Auxiliary Fund). This also applies to international employees coming to work in Belgium, even if they already have foreign insurance that is also valid in Belgium. That never replaces joining the mutual health organisation.

You can give the new employee a referral for this but basically he or she chooses for himself or herself. Registration forms can usually be found online, but an online registration without an electronic residence permit will be unsuccessful. In most cases, the form will still have to be filled in on paper and sent by post. Once the applicant has joined, he or she will receive a leaflet with information, yellow stickers and a request to pay the membership fee. Here too, you will often need to provide support, giving more explanations about the reimbursement of medical

expenses, the system of patient contribution, electronic prescriptions, etc. In addition to compulsory health insurance, the employee can also take additional insurance such as hospitalisation or dental insurance.

→ Application for a Belgian bank account Bank accounts from third countries often don’t operate with euros and therefore cannot usually be used in this country. So the new employee may not be able to withdraw money here nor transfer money to Belgian bank accounts. It is crucial that the application for a bank account is made as soon as possible after arrival in Belgium, based on all the foreign employee’s identity documents available at that time (usually an international passport and Annex 46/49).

An alternative is to use the so-called basic banking services; more information can be found at this link:

Revolut may also be able to provide a temporary solution:

→ Integration and language courses

In Flanders, a migrant worker is not required to follow an integration programme or take Dutch lessons. However, it shows a positive attitude and strong motivation if international employees are committed to this. This leads to a faster integration process and the new employee thus builds more independence and self-confidence. It also provides opportunities to meet international communities. Give your employee more information on Dutch lessons or social orientation courses.

Of course, it is not just about integrating the newcomer into our society. In a balanced diversity and inclusion approach, it is also important that he or she can maintain and share his or her own culture and customs with those around him or her. Be sure to show interest, as new insights and experiences broaden the mind and make for good relationships.

If family members come to Belgium with the employee, the partner and/or adult children may well have an integration requirement. Minor children are subject to Belgian compulsory education. For some expats, it may be worth taking advantage of an international school.

Onboarding

The new employee’s start-up in the company is also best done with the necessary guidance. Here are some tips for successful workplace onboarding:

» Frame the arrival of the international employee within his or her team.

» Immediately assign a buddy or mentor to the new employee. This person can introduce the new employee to the company and act as the first point of contact for questions or uncertainties.

» Draft the most important business documents in the employee’s communication language. This allows him or her to settle in quickly and feel part of the team.

» Offer support where there is a language barrier, using translation apps.

» Establish a comprehensive training programme, including safety training. Help in planning to obtain necessary certificates on time. Schedule appraisal interviews at regular intervals, after one, three and six months.

» Make sure the new employee knows exactly what is expected of him or her on the first day of work: what time he or she is expected to arrive, how to get to the workplace and what is planned for the first few days. Also take time to go through the first pay slip and explain it. Such a structured onboarding contributes to a smooth start and successful integration within the company. It also provides clarity and reduces the first working day stress for the new employee.

Housing for migrant workers in Flanders Challenges and solutions

Employers have an important role in finding suitable housing. Housing is essential not only for the well-being of their new international employees, but also for their integration, satisfaction and productivity in the workplace.

Finding suitable housing is often daunting. There are several obstacles, including a shortage of affordable housing and rising rents. In addition, international talents face specific challenges such as language barriers and uncertain residence status. These factors complicate communication with landlords and understanding of rental conditions. Moreover, their language, culture and precarious financial situation do not always play in their favour. While current legislation, such as the Flemish Housing Code, provides a legal framework for renting out housing, it is largely aimed at traditional households. As a result, policies do not always match the needs of international talents.

Dangers and abuses

Lack of knowledge about the Belgian housing market and rental legislation makes international talents susceptible to abuse by landlords. Common problems include high deposits, demands for an open-ended employment contract, and poor housing conditions. This can lead to abuses and malpractices such as problems with domiciliation, overcrowding (having too

many people under one roof), lack of quality housing (rack-renting or slumming) and inappropriate use of other forms of housing such as holiday parks.

Role of the employer as a bridge figure

Employers can play a crucial role in helping migrant workers find suitable housing. By acting as a bridge figure, employers can help migrants navigate the complex process of looking for housing, advise on suitable neighbourhoods and mediate with landlords and estate agents. This support contributes to workers’ well-being and promotes their integration into the local community.

Alternatives and solutions

To address housing challenges, it is necessary to make housing policies more flexible and offer alternative housing options. This also contributes to a fair and inclusive housing market for international talents. Housing also figures on the priority list of the Economic Migration Committee within which Voka is active.

4. Sustainable integration

As we’ve seen, the first weeks after the new employee’s arrival in Belgium are very busy. Besides settling in, discovering the new workplace and getting to know colleagues, there are a lot of things to sort out. However, things get less busy over time, and if all goes well, everything falls into place. A new phase begins when the newcomers start thinking about whether they want to build their lives in Flanders in the long term.

Further employer support at this stage of integration is therefore strongly recommended. After all, the trick is not so much in attracting talent as in retaining it. Retention is one of the biggest challenges for Flemish companies. What else can you do to support international talent?

Retaining international talent thanks to International Houses

A professional and approachable induction policy will make newcomers feel welcome. To this end, Voka recently set up an International House ‘A home away from home’ in West Flanders together with POM West Flanders, the cities of Kortrijk, Roeselare and Bruges, and Unilin. The International House aims to be an information, knowledge and service base where internationals and their families as well as organisations and companies from the entire province

‘A professional and approachable induction policy will make newcomers feel welcome.’

of West Flanders can go to ensure a smooth arrival and integration.

The International House is a physical and online hub for information and guidance on getting all administrative matters in order. It also provides opportunities for networking and community building: accessible social and cultural activities are designed to provide connection, relaxation and social integration for internationals and their families.

Similar initiatives can also be found in other provinces. Limburg, for example, has its ‘expat center’.

Then in Leuven, spurred on by IMEC, Leuven Mindgate, KU Leuven and the City of Leuven, there is an active International House, whose mission is to create a great place in Leuven and its surroundings where people from all over the world can live and work happily. They offer practical information and advice on living and working in and around Leuven. For instance, they organise regular events and drinks to facilitate getting acquainted so that newcomers feel like a resident in next to no time.

Language skills

Understanding and speaking Dutch obviously promotes integration in society and in the workplace. As an employer, it therefore pays off to invest in Dutch lessons for new employees. Knowledge of the language makes life in Flanders easier, they become more independent, they feel better as a result and they easily expand their social contacts. And of course, if the working language in the company is Dutch, this also has a positive impact in the workplace.

Language learning and practice in the workplace Dutch in the workplace

De Werkplekarchitecten (Steunpunt Inclusief Ondernemen) are ‘workplace architects’ that offer 10 to 12 free individual sessions with a coach in the workplace during working hours for employees with less than one year of experience with a company. For employees with more than one year of experience with a company, the cost of these sessions is paid by the employer.

FACT Tool: a practical tool for learning the language of the workplace, applicable in five sectors: metal industry, agriculture and horticulture, cleaning, hospitality and the food/ packaging industry. This tool offers translations between 11 languages and is free to download from the Play Store or App Store.

Learning language in the classroom Centres for Adult

Education (Centra voor Volwassenenonderwijs, CVO): daytime or evening classes in small groups. Some courses are free, others are payable.

Professional Dutch for nonnative speakers through Syntra: courses take place within working hours and must be paid for by the employer.

University Language Centre (ULC): high-level group classes are offered here. University language courses are very intensive and challenging. They were originally designed to enable foreign-language students to reach the required level of Dutch to pursue a university education in Dutch. It is therefore the best way to reach a high language level quickly.

Ghent Leuven Antwerp

Language learning and practice online

Some private training centres:

Private language coach

Free apps:

Of course, the best way to learn a language is still to use it in everyday life, for example during local activities outside class. To help newcomers get started, you can refer them to this site: https://www.nederlandsoefenen.be/.

Lastly, permission to stay and access to the labour market: the next steps However smooth the integration, be sure to keep in mind that the maximum period for granting a combined permit for the highly skilled category is three years, while for the medium-skilled and ‘other’ categories it is only one year. So at some point, you and the employee will need to look at how to extend the permit grant - provided, of course, that both parties want it.

You can renew the same permit. This procedure is much less administratively burdensome than the initial application. Only two additional documents are required, namely pay slips for the period during which the permit ran and proof of effective affiliation to a mutual health organisation

This application must be submitted at least two months before the expiry of the current grant.

We strongly recommend you check the region’s current processing times and apply for the renewal in time so that it can be granted to follow on from the previous permit.

Laudius

5. Bottleneck profiles

‘How do you get started?’ was this Voka Wijzer’s opening gambit. We wanted to let you have an open mind in your approach to finding the necessary staff. But soon enough, all kinds of formalities were looming. These often find their origin in regulations. Many of the rules to be complied with have been referred to piecemeal throughout the entire outlined recruitment route, mainly in the form of required documents and procedure to be followed. In this chapter, and also partly in the next chapter, we elaborate on which profiles qualify for labour migration. The Flemish legislator identifies several, each with its own conditions. Bottleneck profiles get our special attention.

In this Voka Wijzer, we have largely focused on the following three categories of foreign workers who require permission to work:

A. Highly skilled profiles with a certain qualification level and a high rate of pay

B. Medium-skilled workers in bottleneck jobs

C. The ‘others’, being those who come to perform a job that is on the ‘broad’ VDAB bottleneck occupations list.

In addition, a number of foreign workers are exempt from a work permit, and Europe also has a few things in store. But let us start with those who are exempt.

Exempt

For workers who are exempt from a work permit, it is very simple. The employer does not have to apply for a work permit for them.

These include nationals of an EU Member State or of Iceland, Norway, Liechtenstein or Switzerland. These are not third-country nationals. Based on their nationality, they are allowed to do any job in Flanders, with any employer. This also applies to the partners of these persons who come here as part of family reunification. They are also exempt from a work permit if they want to work here.

Students from outside Europe residing in Belgium on the basis of a student permit are also exempt from a work permit under certain conditions. Outside school holidays, students are only allowed to work 20 hours a week. During school holidays, there is no limit. Once they graduate, they are allowed to stay in Belgium for one more year to find a job. This is an orientation year that cannot be extended. During this orientation year, they can take a temporary job without any additional formalities and look for a job that better matches their studies. However, the employer who then hires them must apply for a single permit.

The following categories of employees are also exempt, namely:

» Students doing a compulsory internship in Flanders as part of their studies. At least in the case of studies in Belgium, a Member State of the European Economic Area or Switzerland.

» Recognised refugees. During the asylum procedure, the prospective refugee can work, but only after a four-month waiting period.

» Refugee Ukrainians and their relatives enjoying temporary protection with us.

Highly skilled profiles

Highly skilled profiles from outside Europe need a permit to work in Flanders. However, they can get a permit quite easily if they can demonstrate a certain level of qualification and salary threshold. After all, their employer does not have to prove that he cannot find anyone in the European labour market. We mention two examples below: highly skilled and managerial. There are also other ‘privileged’ categories such as blue card holders, ICT staff or researchers (see Chapter 6).

Highly skilled

A highly skilled person is a foreigner who has a higher education diploma or university degree. It must be a diploma awarded by a higher education institution recognised by the state where the institute is located. A diploma or certificate from a private educational institution is not valid. He or she must have achieved at least a qualification level 5. He or she must also earn a minimum gross annual salary. For 2024, this is €46,632.

For qualification levels, see:

Highly skilled people under 30, nurses and teachers need only earn 80% of this amount. For 2024, this is €37,305.60. As soon as the employee turns 30, the employer must immediately pay the higher amount as mentioned above.

→ Managerial employees

Those in managerial positions are in charge of the day-to-day management of the company and are authorised to represent and bind the employer. They also manage the company and supervise the activities of subordinate employees. This may be evident from the employee’s employment contract, the organisation chart, etc. They must earn at least 160% of the average gross annual salary in Flanders. For 2024, the amount is €74,611.

Medium‑skilled workers in bottleneck occupations

Bottleneck occupations are medium-skilled positions for which the Flemish government identifies a structural shortage of candidates on the labour market. As in the case of the highly skilled or managerial positions, the employer does not have to prove for these positions that it cannot find anyone on the European labour market. This means you can get a work permit for your foreign worker quite easily.

These are occupations (29 in total) with Qualification Levels 3 and 4. Every two years, the Flemish government updates the list of positions. The current list valid until 31 August 2025 can be found on the Flemish government’s website.

However, the Flemish government is committed to updating the list more quickly to be even more responsive to the needs of employers who are hiring.

The medium-skilled worker must work at least 80% and be paid at least the minimum wage (national or sectoral).

As discussed earlier, an employment contract (with job title) and a concrete job description must be submitted when applying for a combined permit. It is important that this job title and description correspond as closely as possible to the bottleneck occupation as included on the list of medium-skilled positions.

Currently, there is no clear description available of the various medium-skilled positions. The VDAB Competent database contains an overview of the necessary competences, main tasks and content by job. It is recommended that this database of job descriptions be used for the bottleneck occupations list.

When applying for the work permit, the employer has recently been required to submit additional elements, including:

» a detailed description of the position and the range of duties,

» the CV with full details of the foreign worker’s education and work experience, and

» additional documents (diploma, certificate or proof of professional experience) demonstrating the employee’s qualifications for the specific job.

Incidentally, the employer must also do this for the ‘other positions’ category below.

In recent practice, we are seeing standard diplomas or certificates in support of skills being requested, as well as certificates of employment from social security institutions from the country of origin in support of the years of experience.

The other positions, i.e. those on the ‘broad’ VDAB bottleneck occupations list The employer has one last opportunity to obtain a work permit if he wants to hire a foreign worker for a position on the broader VDAB bottleneck occupations list. The list currently has 241 occupations and is not to be confused with the limited list of medium-skilled occupations for migration.

For these positions, however, the employer must be able to prove that he published the vacancy on the VDAB and EURES platforms for at least nine weeks. In addition, the employer must request the active mediation of the VDAB in publication. Finally, the vacancy requires a minimum qualification level (level 2, 3 or 4). The foreigner must work at least 80% and be paid at least the minimum wage (national or sectoral).

For the rest of the positions (which therefore do not fall under the categories described above), Flanders argues that there is sufficient labour on the European labour market. So the Flemish government is now refusing work permit applications for these positions. In fact, since 1 May 2024, Flanders has become stricter in this respect. Before that date, the employer still had the chance to prove that it could not find candidates for its other vacancies, but this opportunity has now been removed.

Posting and sequential liability

Many non-European workers work legally in Flanders as posted workers. They have a work and residence permit in another European Member State and are sent to Flanders by their employer there to provide services here. Incidentally, research has shown that this group of posted workers is significantly larger than the group of non-European workers residing in Flanders on the basis of a combined permit.

Such posting is in itself perfectly legal and commonplace for the flexible deployment of labour within the European market. However, the mechanism is relatively susceptible to fraud and is therefore increasingly scrutinised by inspectorates. For example, regulations were recently adopted in Flanders that, from 1 January 2025, will establish what is known as sequential liability and impose a duty of care on a (main) contractor to check whether its direct subcontractors and their employees have all the necessary permits to work in Flanders. When the subcontractor works with posted workers, this means, for example, requesting proof of the work and residence permit issued in the other European Member State, as well as the mandatory notification of posted workers (the so-called Limosa notification), and lastly proof that the social security legislation of the first European Member State continues to apply (the ‘A1 form’). Incidentally, sequential liability also applies where work is being done on a combined permit.

About diplomas and driving licences

If you want to recruit employees from outside the EU, you obviously want to make sure they have the necessary competences and qualifications. A diploma may come in handy. But what is the value of the foreign diploma? How can you obtain more certainty about it? And then there is the issue of driving licences. That too deserves a word of explanation.

As explained elsewhere in this Voka Wijzer, demonstrating a specific education may be a requirement to be allowed to work in Flanders. This applies, for example, to highly skilled staff where the foreign worker has to prove higher professional qualifications through a higher education diploma. In this case, a photocopy of the diploma with a translated version of it should be attached to the file. But even for applications for medium-skilled workers in a bottleneck occupation, or again for the ‘others’ who come to do a job that is on the ‘broad’ VDAB bottleneck occupation list, a diploma, certificate or certificate of experience must show that the worker is indeed qualified for the specific job.

There’s more. Some professions even require the candidate to have a specific diploma. This is the case in regulated professions such as nursing, for example. To practise the profession, it is a legal requirement to have the foreign diploma recognised as equivalent to the required Flemish diploma. Read on to find out what steps to take.

Recognition of foreign diplomas

For recognition of foreign diplomas, contact NARIC-Vlaanderen (naricvlaanderen. be). NARIC stands for National Academic Recognition Information Centre. It belongs to the ENIC-NARIC network.

NARIC uses two different procedures: level recognition or specific recognition. In the first, NARIC-Vlaanderen determines the equivalence in Flanders of the level of the foreign study certificate. In the case of specific recognition, there is a decision on the specific Flemish diploma to which the foreign study certificate is equivalent. Thus, certain professions, such as doctor or nurse, require the recognition of the specific diploma.

If you are looking for someone for a profession in which experience can be equated with a diploma, such as in the ICT sector, we recommend that you do not then seek recognition yourself. The procedure can be quite complex and lengthy and would unnecessarily complicate the application process. Should recognition still be necessary, a handy tool can be found on NARIC’s website that navigates and further guides individuals through the application submission process based on their personal situation.

More information regarding the tool:

Also check the frequently asked questions to see what documents are required with the application. You will read that copies or scans of documents are sufficient. If original documents are needed for an authenticity check, NARIC-Vlaanderen will be in touch. These documents do not need to include an apostille or other form of legalisation.

Driving licence

In most cases, there is also a need for recognition of a driving licence from a third country. Many models of driving licences from third countries are recognised in Belgium. Here is a link to a list of all recognised models by country of issue:

A recognised driving licence means that its holder can drive in Belgium on that licence for the first 185 days after registering with a municipality, without any additional formalities. However, after this 185-day period, the original driving licence must be exchanged for a Belgian licence. The application for this is submitted to the municipality and the applicant has to submit the original driving licence for this purpose. Unfortunately, no replacement document will be issued, leaving the applicant temporarily without a valid driving licence. The duration of the procedure can vary from one municipality to another and can sometimes take as long as two to three months. This can cause problems for employees who use a car as part of their job or who travel to and from work by car. Due to the long and unpredictable processing times, this situation creates many headaches for

both employers and employees, who need to creatively tide over this period.

Want to know more about the application and the necessary steps? Visit the federal government’s website.

If the candidate does not have a recognised driving licence, he or she must apply for an international driving licence in his or her home country. This international driving licence, together with the original driving licence, gives permission to drive in Belgium for the first 185 days after registering with a municipality. To continue driving a car thereafter, candidates must pass full driving tests in Belgium.

Are you actually looking to recruit a professional driver with a C or D licence from a third country? Ideally, that person will already reside in another EU Member State and already possess European driving documents, namely a driving licence and Code 95 (a mandatory certificate of professional competence for professional drivers).

If not, you should take into account that the candidate will not be able to start working as

Are you unsure about the driving licence model or how long the procedure will take? Then check with the town hall in your international employee’s place of residence.

a driver immediately. However, an application for a single permit can be made for this position, subject to the employee performing another job during the initial period until the necessary documents are obtained. This is on the condition that the salary for the position of driver is maintained. So, driving documents do not have to be presented at the time of application, but will only be requested by the region when an application is submitted for renewal of the single permit. Bear in mind that an application to obtain the Code 95 on a converted Belgian driving licence can only be submitted after 185 days of registration in Belgium. However, if the person in question obtains professional competence in Belgium - either by attending 35 hours of refresher training or by passing exams, depending on the specific situation - this can be put on the driver’s certificate so that the person with the foreign driving licence can, in fact, work as a professional driver for the first 185 days.

For more information on the certificate of professional competence visit:

6. What does Europe have in store?

Europe also offers a lot of opportunities and initiatives to work with non-EU workers. New European legislation also came our way last year. And it will be no different in the future. In this chapter, we examine this legislation.

European variants of the combined permit

Besides the standard combined permit we talked about in the previous chapter, there are also variants of this permit, many of which have their origins in European law. These may in some cases be more attractive than the regular combined permit and employers are therefore best to check whether they can make use of them. We want to tell you about them.

We can therefore refer to the European Blue Card (for local employment) and the intra-corporate transferee (ICT) permit. These permits are intended for highly skilled profiles but have recently been opened up to IT professionals with relevant experience, meaning they do not have to meet the strict requirement of a higher education diploma that applies to the combined permit. In turn, the salary threshold for the European Blue Card is considerably higher than for a combined permit. For 2024, this is €60,621 compared to €46,632 for the combined permit. The European Blue Card and the ICT permit also offer important benefits in terms of intra-European mobility, with the employee being able to work temporarily in other European Member States more easily. The holder of an EU Blue Card can also work more easily in another Member State while retaining the accumulated years required to obtain permanent residence, i.e. ‘long-term resident’ status. The European Blue Card also allows easier switching of employers without having to submit a new application, which is particularly interesting for companies that would be attracting third-country nationals already employed in Belgium with another employer.

For companies with a Research and Development (R&D) department, the specific regime for researchers is also of interest. Within this regime, researchers are completely exempt from obtaining a work permit for assignments of up to 90 days. Beyond 90 days, they follow the combined permit procedure with additional relief such as a lower salary threshold and shorter turnaround times. Companies wishing to make use of this regime must obtain specific accreditation from the Federal Public Service Science Policy Programming Service (BELSPO).

A final regime, again stemming from European directives, that may be of interest for attracting young talent is the ‘orientation year permit’ that allows third-country students graduating in Belgium to stay and work in Belgium for another 12 months for any employer while they seek more permanent employment from an employer willing to obtain a work permit for them.

Upcoming European legislation

A revised version of the Single Permit Directive was adopted at European level in April this year. The main changes for employers are the shortening of the maximum period for processing applications to three months (instead of the current four months) and the provision of an extension of the option to change employers (after six months and even earlier in exceptional cases) and stay in the country in case of short-term unemployment.

The impact of shortening the maximum processing time will unfortunately be minimal in Flanders given the authorities’ established practice of only starting the clock once the application is declared admissible, which in practice usually coincides with the EMS’ approval on the merits. The fact that candidates are able to switch employers more easily makes it easier to attract those who are already employed by another employer on the one hand, while on the other hand it potentially worsens the bargaining position vis-à-vis existing employees with a combined permit.

Member States now have two years to implement this directive, which in Belgium will require legislative changes at regional and federal level, and the adaptation of existing cooperation agreements. Voka will keep you updated on progress regarding the transposition.

More detailed information on the revised Single Permit Directive can be found here:

In November 2023, the EU extended the right to temporary protection status (TPS) for Ukrainians and their family members until 4 March 2025.

The wording of the EU legislation led many to believe that 4 March 2025 would be the longest possible extension based on the Temporary Protection Directive, which seems to indicate a maximum of three years for the duration of the TPS. However, EU authorities have recently confirmed their flexible interpretation of these provisions. Therefore, the EU could ask Member States to continue extending temporary protection status annually, depending on how the situation in Ukraine develops. Further communication from the European Commission on the subject is expected by summer 2024.

Given the annually recurring uncertainty surrounding the renewal of the TPS, it is advisable for employers to focus on providing as much security as possible to employees working on the basis of their TPS. The best solution for many individuals and their employers is to switch to a combined permit based on employment. Besides more security for your company and the employee himself or herself, such a permit will also help your TPS holders and their family members on their way to obtaining longterm residence rights. TPS holders should be aware, however, that a change in status may mean that certain benefits associated with the TPS are lost, such as specific (free) housing and some government subsidies.

More detailed information on the temporary protection status and longer-term planning can be found here:

Talent Partnerships

Employers looking for new sources for attracting foreign talent in bottleneck sectors will find Talent Partnerships of interest. These are bilateral or multilateral agreements designed to facilitate crossborder training and the matching of talent from countries of origin with employers in host countries. They often focus on specific sectors or skills, including technical occupations. These schemes typically include both a skills development component and a mobility component: programme participants receive training in their country of origin, in the host country or in both, while some (or even all) programme participants receive migration and

employment opportunities in the participating host countries.

An ongoing example of such Talent Partnership that also involves Belgium is the THAMM project THAMM stands for Towards a Holistic Approach to Labour Migration Governance and Labour Mobility in North Africa (THAMM). This programme - which received significant support from the European Union and implementation support from the International Organisation for Migration and the International Labour Organisation - offered talent from Egypt, Morocco and Tunisia the chance to develop skills, with the possibility for some of the participants to migrate to Germany, Belgium or France for work. The programme runs from 2019 to 2024 and includes a collaboration with Belgian development agency Enabel.

One particular project that ties in with these Talent Partnerships and focuses on the special group of displaced people is Displaced Talent 4 Europe (DT4E), which pairs talents who have had to flee their countries of origin and currently reside in Jordan and Lebanon with employers in Belgium, Ireland, Portugal and the UK, through a unique database developed by the NGO Talent Beyond Boundaries (TBB). This project - facilitated by the International Organisation for Migration and funded by the European Union - was recently extended for an additional three years, so employers can still join.

Past projects are MATCH and PALIM.

» Migration of African Talents through Capacity building and Hiring (MATCH). This initiative facilitated by the International Organisation for Migration and funded by the European Union - ran from January 2020 to April 2023 and provided a mobility scheme for workers from Nigeria and Senegal to access temporary jobs in Belgium, Italy, Luxembourg and the Netherlands. The programme (which screened talent profiles and made it easier for employers to connect with each other) involved many stakeholders,

including Flemish partners Voka, Agoria and VDAB.

» Pilot Project Addressing Labour Shortages through Innovative labour migration Models (PALIM). This Enabel-driven pilot programme (which ran from March 2019 to March 2021) focused on in-service training in information technology for Moroccan nationals, with some of the programme participants subsequently migrating to Belgium.

It is important to note that many recent Talent Partnership programmes are only pilot projects with the objective of testing labour migration pathways and embedding company and talent guidance in the relevant institutions in the country of origin and Belgium. Consequently, and with some notable exceptions (e.g. the successful German talent partnerships for nurses), these programmes are currently mostly small-scale and short-lived.

That said, employers are best remaining alert to possible new Talent Partnerships. The fact is, for employers looking for new talent, such government-organised Talent Partnerships can be particularly interesting as they provide support in training and selecting candidates, going through

the necessary immigration procedures, and in some cases even assistance with integration after arrival in Flanders.

EU Talent Pool

The EU is jumping on the bandwagon of these Talent Partnerships, coming up with a number of proposals under the Skills and Talent Mobility programme. For example, the European Commission is proposing to create the EU Talent Pool: a digital platform to help match non-EU foreign nationals with EU employers and provide general labour market information. This programme (voluntary for EU Member States) targets professions in short supply. The EU Talent Pool also aims to support the implementation of Talent Partnerships, including by issuing a Talent Partnership Pass to individuals who have received skills training through a Talent Partnership programme. This document allows employers to confirm the person’s qualifications.

The EU Talent Pool is currently only a proposal. The European Parliament and the Council have yet to negotiate it. Employers should therefore not expect this programme to solve their labour shortages in the short or medium term. Voka will keep an eye on this for you.

7. At your service

From what has been covered so far, you will have learned that in the search for international talent, you have to deal with a lot of government departments. In this chapter, we let them introduce themselves.

1 VDAB

Who are we and what do we do?

VDAB, together with a wide range of partners, wants to help all citizens develop meaningful and sustainable careers and offer every employer a perspective on talent. VDAB is committed to close mediation, competence building and workplace learning. Increasingly, VDAB is also raising awareness and engagement among the non-working population. After all, we are aiming for an employment rate of 80% by 2030. The current reserve of available labour will not be sufficient to fill the large number of vacancies in certain bottleneck occupations, given the low unemployment rate, ageing population and complexity of job content.

That’s why we are also looking at the labour potential in the other regions. To attract talents from Brussels and Wallonia, VDAB is setting up result-oriented collaborations with Actiris and Forem. For certain medium-skilled and highly skilled bottleneck occupations, VDAB also seeks to mobilise labour from abroad.

What can we do for businesses?

VDAB aims to play an important role in selecting possible sending countries with sufficient labour potential. As part of our aim, VDAB prefers to collaborate on the basis of sustainable talent mobility within an ethical framework.

VDAB has a team that supports employers in their search for motivated foreign candidates through the EURES network or beyond.

VDAB informs them about ongoing projects, puts them in touch with interesting partners, forwards vacancies to the EURES website or increases awareness of them in certain Member States. VDAB organises matching and recruitment events, in which employers can participate, such as the European Online Job Days (EOJD) platform.

To attract talent from outside Europe, VDAB is currently working on a project-by-project basis with partners such as the Belgian Development Cooperation Agency, Enabel, and the International Organisation of Migration, IOM. Current projects:

» THAMM: Focus on maintenance mechanic and maintenance electrician, in collaboration with the Public Employment Services of Morocco and Tunisia.

» DT4E (Displaced Talent for Europe): Focus on profiles from the bottleneck occupations list. IOM has a database of more than 80,000 CVs of skilled displaced persons. To recruit these profiles, IOM provides far-reaching support to employers.

How to contact us

If you have any questions about what we offer, both within and outside the EU, please contact VDAB’s international team at international@ vdab.be. More info at www.workinflanders.be.

2

Economic Migration Service (EMS)

Who are we and what do we do?

The Economic Migration Service of the Department of Work and Social Economy handles applications for economic migration in the Flemish Region. Very specifically, the service issues work permits to employers who want to employ a foreign worker in Flanders, and professional cards to foreign self-employed persons who want to develop a self-employed activity in the Flemish Region. You only need to apply for a work permit or a professional card for employment of non-EEA nationals.

What can we do for businesses?

The Flemish Region wants to attract top talent to Flanders to strengthen our economy and help fill bottleneck vacancies. For some profiles, there is a presumption of shortage and the employer can recruit abroad without searching on its own labour market first. This presumption of shortage applies to highly skilled profiles and some specific mediumskilled profiles, which the minister announces biannually (via Ministerial Decision). Both categories are subject to specific conditions on wages and qualification for the issue of a work

permit. For other vacancies, e.g. low-skilled labour, the employer must search locally first, through VDAB. This is to prioritise engagement of its own Flemish, Belgian and European labour reserve before looking outside Europe.

How to contact us

When you want to start an application, it is best to go through the applicable criteria carefully first. Because specific conditions apply to each category: → For foreign workers

For foreign selfemployed persons

Make sure your application is complete before submitting it. Submit your application via the Working in Belgium one-stop-shop portal (employees) or via the online WSE counter (for the self-employed). Exceptionally, some applications can be submitted by email. The 1700 info line is ready to answer your questions about economic migration in Flanders.

3 NARIC-Vlaanderen

Who are we and what do we do?

NARIC-Vlaanderen is a service of the Flemish Ministry of Education. It examines whether foreign diplomas are equivalent to Flemish study certificates (specific recognition) or Flemish educational levels (level recognition). Those wishing to work with a foreign diploma in Flanders or Brussels can apply to NARICVlaanderen for recognition of that diploma.

What can we do for businesses?

A recognised diploma gives legal security to the applicant and to the employer. Those who receive equivalence recognition have the same rights as a holder of the Flemish diploma to which the foreign diploma is equivalent. NARIC-Vlaanderen thus helps ensure that people with a foreign diploma are given maximum opportunities to enter the labour market at the correct level.

The formal need for diploma recognition depends on the profession applicants want to pursue or the sector in which they want to be employed. Selection procedures within the government usually require a certain diploma or diploma level or equivalent. Also, if the holder of a diploma obtained outside the EEA and Switzerland wants to practise a profession regulated in Belgium (e.g. doctor, nurse, dentist, architect, teacher), it is necessary to have that diploma recognised first. That is because there are diploma requirements for entry to that regulated profession. In the private sector, diploma recognition may be useful, for example because certain pay scales are linked to a certain diploma level. It is not always necessary and depends on the employer.

How to contact us

For more information go to www.naricvlaanderen.be or call 1700.

Who are we and what do we do?

The Immigration Office ensures the management of migration flows in cooperation with various partners. The Immigration Office makes decisions on: » entry of foreigners into the territory, » residence, » settlement, » removal.

In carrying out its missions, the Immigration Office cooperates with various agencies and partners, such as the Office of the Commissioner General for Refugees and Stateless Persons, municipalities, the police, diplomatic posts, the public prosecutor’s office and the International Organisation for Migration.

How to contact us

Tel. 02 488 80 00

E-mail: infodesk@ibz.fgov.be Website: www.dofi.fgov.be

4 Immigration Office (IO)

5 Flemish Social Inspectorate

Who are we and what do we do?

The Flemish Social Inspectorate (Vlaamse Sociale Inspectie, VSI) is a regional inspectorate, situated within the Department of Work and Social Economy in the Flemish government’s policy area of the same name. VSI’s operation and inspection methodology is similar to that of the federal social inspectorates.

VSI’s remit can be broadly divided into four clusters:

• Detection of fraud and abuse relating to the employment of foreign (possibly illegally staying) workers and self-employed persons

• Detection of posting fraud/man-in-themiddle (MITM) attacks

• Detection of subsidy fraud (Flemish and European subsidies related to the policy area)

• Quality monitoring of labour marketoriented courses

What can we do for businesses?

VSI has increasingly specialised in monitoring labour migration of third-country nationals. Almost half of all checks VSI will carry out in 2024 relate to economic migration. Besides

checking whether migrants hold a valid residence permit and have permission to work, VSI also checks the conditions attached.

Foreign workers employed illegally or through all kinds of suspicious posting structures undermine Flemish labour market policy and Belgian pay and working conditions. It also means that social contributions and taxes are not paid. That is how fraudulent companies and middlemen are able to offer services at a much lower cost than under proper conditions. This evolution disadvantages bona fide competitors and impairs workers’ rights and government funding and services. VSI fights against social fraud with the aim of pursuing fair competition and stopping abuses.

How to contact us

Tel. 02 553 08 88

Email: vlaamse.sociale. inspectie@vlaanderen.be

If you wish to submit a complaint or report related to labour migration of thirdcountry nationals, you can also do so via this web form:

6

Flanders Investment & Trade

Who are we and what do we do?

FIT supports Flemish companies in their international activities and attracts foreign companies to Flanders.

What can we do for businesses?

FIT helps Flemish companies conquer new markets, among other things. FIT’s network at home and abroad supports them with information, actions and events, subsidies, advice and more, tailored to their needs. In this sense, FIT is also a partner in providing useful information on foreign labour migration markets.

How to contact us www.flanderstrade.be

7 Economic Migration Advisory Committee in the SERV

Who are we and what do we do?

The Advisory Committee consists of representatives from trade unions and employers’ organisations (including Voka) as well as a representative from VDAB, a representative from the IO, a representative from the Work and Social Economy policy area and a representative from the Department of Economy, Science and Innovation. The Economic Migration Advisory Committee monitors and interprets social developments in the field of economic migration, detecting any bottlenecks on which it issues consensual opinions. It examines the criteria underpinning regulations on economic migration and verifies whether these regulations are sufficiently harmonised so that the immigration of workers and self-employed persons can take place under the best conditions.

What can we do for businesses?

On its own initiative or at the request of the Flemish government, the Committee provides advice on the social, economic and administrative problems related to the employment of foreign workers and self-employment of foreigners. Ahead of the elections and government negotiations, the Economic Migration Advisory Committee released a priorities paper in which it put forward as a top priority the need for Flanders to become a more attractive region for economic migration. The Economic Migration Advisory Committee considers the combined permit system the best route for labour migration. It is a safer, controlled channel, is finite in time and respects sectoral pay and working conditions. Only, there is still work to be done for the government to further improve this channel for employers and migrant workers. Investment is needed in quick turnaround, for example.

How to contact us

More information, contact details and all the advice can be found on the website:

8. Partners

This Voka Wijzer came about thanks to the unique collaboration of several partners, each of whom explained the topic of labour migration from their own angle and from the perspective of their expertise.

Veronika Casteur Petrzelkova completed her university studies in the Czech Republic and has been working in the field of migration ever since. During her more than 10-year career at Accent, she has specialised in labour migration and international employment and is currently responsible for international mobility expertise as Market Director. In her role as an expert, she advises entrepreneurs, provides governments with valuable insights and actively participates in European debates that shape policy surrounding labour migration.

Thomas Wauters is a specialist in international recruitment with a strong legal background. He combines his knowledge of employment law with finding top talent worldwide.

Jean-Luc Vannieuwenhuyse works in SD Worx’s legal knowledge centre. He has long experience in employment law and is a generalist, but he also closely follows specific areas such as international and European law, social criminal law and regional subsidies.

Gianni Duvillier is senior adviser on Employment and Social Security at Voka. As part of his role, he also monitors social consultation and labour migration. He recently wrote the Voka Paper ‘Arbeidsmarktbeleid: terug naar de tekentafel’ (Labour market policy: back to the drawing board) with Sonja Teughels.

Wout Van Doren has been a lawyer in migration law since 2015. He currently works for the international law firm Fragomen in Brussels, where he advises companies and individuals on Belgian migration law, with particular specialisation in labour migration. At Fragomen, Wout is also manager of the Belgian team that submits day-to-day applications for combined permits and other work permits for companies.

Kitty Weyn is staff member International Relations and expert on labour migration at VDAB. Her focus is on building an ethical framework and strategy for sustainable economic migration, networking and exploring opportunities with third countries to attract skilled workers to Flanders to fill our bottleneck occupations.

NOTES

VOKA KNOWLEDGE CENTRE

Frank Beckx | Director knowledge and lobby centre

Bart Van Craeynest | Chief Economist

Sonja Teughels | Labour market

Gianni Duvillier | Work and social security

Veerle Van Nieuwenhuysen | Labour market

Julie Beysens | Education

Daan Aeyels | Welfare and health policy

Katelijne Haspeslagh | Environment and climate

Robin Verbeke | Environment and spatial planning

Freija Fonteyn | Logistics and mobility

Yannick Van den Broeck | Energy and climate

Karl Collaerts | Taxation and budget

Dieter Somers | Digital transformation

Maarten Libeer | International business

COLOPHON

Final editing

Sandy Panis

Photos

Adobe Stock

Design

Capone

Printing

INNI Group, Heule

‘Getting started with labour migration’ is a publication of Voka vzw. The borrowing or citation of text from this Voka Wijzer is encouraged, provided the source is acknowledged.

Publisher

Hans Maertens for Voka vzw Burgemeester Callewaertlaan 6 8810 Lichtervelde info@voka.be - www.voka.be

Structural partner:

Getting started with labour migration

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.