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Exemptions from the work permit obligation

As a general principle, all foreign nationals need a work permit to work in Belgium. However, some categories of workers are exempt from this obligation.
As a general principle, all foreign nationals need a work permit to work in Belgium, although some categories of workers are exempt from this obligation. These permits are only available to foreign nationals that are staying in Belgium legally, apart from those provided for in art. 2, 19° and 22°, a). (Art. 2 of the Royal Decree of 9 June1999 (FR/NL))

The European Economic Space and Switzerland

Nationals of the member states of the European Economic Space (the European Union plus Iceland, Norway and Liechtenstein) and Switzerland do not need a work permit.

The member states of the European Union are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

Transitional regime for new EU member states

The exemption from the work permit obligation does not apply to new member states of the European Union (Bulgaria and Romania, who joined in 2007) for a seven-year transitional period. Employers wishing to hire nationals of these states must apply for a type-B work permit (until 31 December 2011).

They can resort to a fast-track procedure if the vacancy they wish to fill is included in the list of shortfall occupations (PDF Format) (27K) (FR).

Exemptions for specific categories

Foreign nationals do not need a work permit if they are staying legally in Belgium and belong to one of the specific workers categories listed in article 2 of the Royal Decree of 9 June 1999 executing the Act of 30 April 1999 on the employment of foreign nationals.

  • This exemption is a right, which means that neither employer nor worker needs to complete any formalities or obtain any certificate.
  • The employer must check to ensure that the foreign national fulfils the exemption conditions. If so, the employer is entitled to hire the foreign national immediately. In some cases declaration of arrival is demanded.

declaration of arrival is demanded in the following instances (Art. 2, Royal Decree of 9 June 1999):

notes on accessibility of the documents to download

Who to contact

Ministry of the Brussels-Capital Region Direction de la Politique de l'Emploi et de l'Economie plurielle, Cellule Permis de travail

CCN Brussels-Nord station, Rue du Progrès 80, 1035 Brussels
Phone: +32 (0)2 204 13 99
Email: travail.eco@mrbc.irisnet.be
Online: www.brussels.irisnet.be
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