Work permits

A new Royal Decree regulating amendments to the current Royal Decree of 9 June 1999 regarding immigration formalities for foreign employees is to be expected in the next coming weeks. This Royal Decree introduces some eight new categories of exemptions from the obligation to obtain a work permit. The three most important new categories are

1.Foreign executive staff members who will be working on the Belgian territory, provided that they will be employed by Belgian headquarters and will earn an annual gross remuneration exceeding EUR 56.187 (amount for 2007);

2. Foreign employees who are assigned to Belgium by their foreign employer for the purpose of attending closed meetings, provided that the duration of their stay in Belgium does not exceed 5 days per month (so-called business trips);

3. Under certain conditions, foreign employees who are assigned to Belgium by their foreign employer for the purpose of receiving training at the Belgian group company, provided that the duration of this training does not exceed 3 months. If the conditions are not fulfilled the employees will be eligible for a work permit B.

The final Royal Decree is expected to enter into force in the coming months.

Residence permits

On 1 June 2007, a lot of changes to the Residence Act have come into force. One of them is a new procedure for family reunification with non-EU nationals. On 10 May 2007, two other Acts amending the Residence Act of 15 December 1980 were published. They mainly concern the abolishment of a requirement for EU nationals to hold a Belgian residence permit, even if they stay in Belgium for more than 90 days, new procedures for family reunification or cohabitation with an EU or a Belgian national, and the European status of non-EU nationals who are long-term residents. However, a Royal Decree is needed to determine (among other things) the date on which the latter two Acts will enter into force. This RD is not expected until the new Government is in place.