TIGHTENING FLEMISH MIGRATION POLICY FOR HIGHLY SKILLED AND MIDDLE SKILLED WORKERS
In the Flemish Government Agreement 2024-2029, Flanders focuses on labour migration from outside the EU as the final element of a labour market policy that is aimed, among other things, at filling shortages on the Flemish labour market. To this end, the emphasis is placed on highly skilled knowledge migration and on a dynamic list of medium-skilled bottleneck professions that have added value for the Flemish economy and society. Flanders also focuses on preventing fraud and abuse and on shortening processing times for applications for combined permits (single permits) for highly skilled workers.
What can employers in Flanders who want to attract staff from outside the EU expect?
Greater focus on combating fraud and abuse
More inspectors will be appointed at the Flemish social inspection. Administrative fines for violations will be increased. A system of data-driven fraud detection will be set up.
Emphasis on labour migration of highly skilled people
Applications for combined permits for highly skilled people will be treated as a priority with a processing time of maximum 15 days by the Flemish region. Highly skilled people who perform a function at a level for which no highly skilled diploma is required will no longer be eligible for a combined permit for highly skilled people. A single permit can still be applied for in other categories, but this requires additional conditions having to be met.
Stricter rules for single permits in the categories ‘medium-skilled bottleneck profession and ‘other’
Single permits can only be applied for medium-skilled workers, not for low-skilled workers (‘VKS2’). An exception to this are seasonal workers. In the category ‘other’, the employer must demonstrate that the vacancy has been published on the VDAB and EURES website for at least 9 weeks in the 4-month period prior to the application for a single permit. In addition, the employer is expected to submit an extensive file regarding the efforts made to find someone in Belgium, explaining why candidates who applied are not suitable and why workplace learning is not possible.
For non-EU nationals in a bottleneck profession for which there is a structural shortage, the possibility remains to apply for a single permit, but only if it concerns medium-skilled candidates. A list is drawn up by the Flemish Secretary of Employment and Social Economy to this end every two years, which currently includes 29 professions. These are mainly professions in the sectors of construction, transport, care, maintenance of vehicles and machines, installation and maintenance of electrical installations and food. For the bottleneck professions mentioned on the Secretary’s list, it is not necessary to demonstrate that no suitable candidate can be found on the Belgian market, which means that a single permit can be obtained relatively easily for these bottleneck professions. However, the qualification of the employee for the specific function must be demonstrated.
Better information to migrant workers about their rights and obligations on the labour market and in society in order to protect them from exploitation and improve their legal position.
Employers will be made aware of the need to handle the employment of migrant workers with care and will be sanctioned in the event of established violations.
Given the tightening of Flemish migration rules and increased monitoring, it is increasingly important to be well informed when employing third-country nationals in Flanders. Pro-Pay can assist with the application for various types of single permits and work permits for non-European workers.
Please do not hesitate to contact us for further information and guidance via legal@propay.be
