Work permit exemption for managers of headquarters
Context
The Royal Decree of 12 September 2007 has introduced the exemption from the obligation to hold a work permit for non-EEA managers employed by Belgian headquarters, provided that they earn a specific minimum annual gross salary (for 2009: EUR 59,460) and provided that the (regional) immigration authorities are informed before the start date of the manager’s employment.
Because the definition of ‘manager’ referred to managers within the meaning of the Act of 20 September 1948, managers belonging to the two top layers of management (CEO, CFO etc.) were not exempted from the work permit requirement. Only employees in a position below the two highest levels were exempted.
News
The Royal Decree of 28 May 2009 has extended the scope of the work permit exemption to the two top levels of management of headquarters, meaning that CEOs, CFOs and other CXOs are now also exempted from the requirement to hold a work permit (if all other conditions are fulfilled).
The new Royal Decree entered into force on 29 May 2009.
