Hiring Foreign Workers? Here's How!

As an employer, you’re always looking for the most suitable employee for the position. In most cases, tapping into the local labor market will suffice, but some profiles are so hard to find in Belgium that you’re forced to look abroad for that new addition to your team. However, hiring a foreign employee on a permanent basis isn’t as simple as it sounds. In many cases, the employer will need to apply for a combined work and residence permit, known as the Single Permit.

Applying for a Single Permit is required when the employee is a national of a country that is not a member of the European Union, Norway, Iceland, Liechtenstein, or Switzerland, and when he will be employed by a Belgian employer for more than 90 days. If a foreign employee comes to work in Belgium for a short period as a seconded employee, a permit is not required under certain conditions. In some cases, however, a seconded employee who stays in Belgium for more than 3 months will need to apply for a work permit.

Not all foreign workers are eligible to work and reside in Belgium. An application for a Single Permit will only be successful if the worker falls into one of the categories listed in the law, for example: - A highly skilled worker; - A worker in a recognized shortage occupation; - A specialized technician; - A worker for whom it can be demonstrated that no comparable worker is available on the local labor market within a reasonable period of time; - … Employees who are required to apply for a Single Permit but do not fall under one of the categories listed in the law are, unfortunately, not eligible for a Single Permit.

Before an application can be submitted, the employer and employee must gather a number of documents. These documents must, among other things, demonstrate that the employee will be working for the employer under an employment contract, that the employee is in good health, and that he has or will obtain health insurance… Depending on the employee’s category, it may also be necessary to include, for example, diplomas or to provide evidence that no suitable candidate was found on the local labor market. The application can then be submitted online for approval of the Single Permit. Both the Flemish Economic Migration Service (or, as the case may be, the Walloon Direction de l’Emploi et des Permis de Travail) and the Federal Office for Foreigners must grant their approval. Only after both authorities have issued a positive decision will the Single Permit be granted to the employee, and he may then travel to Belgium to begin his employment. ** Are you wondering whether your prospective employee is eligible for a Single Permit, or do you need guidance with the application process?** Crauwels Advocaten has the necessary expertise to answer your questions and submit the application on behalf of your company.