Recruiting non-EEA employees

Non-EEA Member States do not enjoy the fundamental right of free movement of workers in the EEA, so they need to apply for a work licence and/or a work permit before starting their employment in an EEA state.

Three different situations can be distinguished:

(1) Work licence and work permit B

If a non-EEA employee has not worked in Belgium before, the Belgian employer is required to apply for a work licence (arbeidsvergunning), and this before hiring the employee.

Following the granting of a work licence to the employer, the employee will receive a “work permit B” (arbeidskaart B), which gives the employee permission to work on the payroll of the Belgian employer for a specific period and a maximum of 12 months.

The Belgian employer must present his/her application for the work licence to the regional employment placement agencies. The competent agency varies depending on the place of employment.  For diamond enterprises based in Antwerp with workers employed in Antwerp the competent agency is the VSAWSE (Vlaams Subsidieagentschap voor Werk en Sociale Economie).

The following documents must always be presented:

• An application form to be completed and signed by the Belgian employer: application for the employment of a foreign worker (aanvraag tot tewerkstelling van een buitenlandse Werknemer).
• A medical certificate (geneeskundig getuigschrift) in which the employee’s fitness to work is confirmed.
• A copy of the employment contract (arbeidsovereenkomst).
• A copy of the foreign identity card or a copy of the personal details on the international passport of the employee.
• If the employee is already in possession of a residence permit to stay in Belgium on a regular and legitimate basis, you also need to present an information sheet with identification data of the foreign employee and information about his/her residence permit.

(2) Work permit A

A Work permit A (arbeidskaart A) is given to non-EEA employees who, prior to their application for the permit, were already legitimately living in Belgium for a maximum period of 10 consecutive years and can prove that they have already worked with a work permit B for 4 years (4 times 12 months).

This work permit applies for all professions carried out in an employment context for an open-ended period of time.

Foreign employees must present their application for a work permit A by filling in the appropriate application forms.  These application forms can be obtained from the regional employment placement agencies. There are three employment agencies in Belgium.

For blank application forms for applicants in Antwerp, please go to this website or contact the VSAWSE.

If the work permit A is applied for by a person, who is regularly residing in Belgium, the application forms must be accompanied by an information sheet with respect to his identity, signed by the mayor of the municipality where the applicant is residing.

More information on this topic and access to the forms can be found on this website.

(3) Work permit C

A Work permit C (arbeidskaart C) is granted only to specific categories of foreign citizens who have limited or uncertain residence rights in Belgium (e.g. students, asylum seekers, etc.).

This work permit applies for all professions carried out in an employment context for a fixed period of time.

The procedure to apply for a work permit C is identical to the procedure for a work permit A.

A foreign employee must present his/her application for a work permit C by filling in the appropriate application forms. These application forms can be obtained on this website or you can contact the VSAWSE.

The application must also be accompanied by an information sheet signed by the mayor of the municipality where the applicant is residing.

More information on this topic and access to the forms mentioned above can be found on this website.

Non-EEA employees who wish to work in Belgium must arrange for a legitimate residence while being employed in Belgium.

A short overview of the three possibilities available for a non-EEA employee is given below.  More information on this matter is available the following websites:

• Website  of the Kingdom of Belgium: Foreign Affairs, Foreign Trade and Development Cooperation.
• Website  of Portal Belgium.be: Coming to work in Belgium.

There are several types of visas or residence permits depending on the duration of the residence in Belgium:

(1) Employment of a non-EEA worker for a short period of time

Maximum: 3 months.

Upon arrival in Belgium, the employee must register with his/her municipality of residence.

If the foreign employee has the intention to reside in Belgium for a maximum period of 3 months, he/she must also apply for a visa type C at the relevant Embassy or Consulate of Belgium in his/her home country.

(2) Employment of a non-EEA worker in Belgium for more than 3 months (not permanent)

Employees only intending to stay in Belgium for a short period of time, have to register with their municipality of residence. Then the employee must apply for a visa type D at the relevant Embassy or Consulate of Belgium in their home country.

 (3) Employment of a non-EEA worker in Belgium for permanent residence in Belgium

If an employee wishes to apply for a permanent residence in Belgium he/she must firstly register with his/her municipality of residence in Belgium, or start a procedure in order to obtain a permanent stay in Belgium from his/her home country.

In order to obtain the correct residence permit for a permanent stay in Belgium or in another country of the European Union, extensive and complex formalities must be fulfilled.

A non-EEA citizen can use several grounds to acquire a permanent stay in Belgium or in another country of the European Union.

Considering the fact that the procedure for permanent stay is complex and detailed, it is advisable to contact a specialised lawyer for further assistance.

More information on this subject can be obtained on this website.

When recruiting employees from outside the EEA (European Economic Area), the same obligations apply as for recruiting Belgian employees or employees from within the EEA (please click here for more information).