Type-B work permit and employment permit

See the foot of the page for the precise arrangements in the laws and regulations on the employment of foreign nationals. If you are unsure, read the relevant arrangements in the official regulations or contact the Ministry of the Brussels-Capital Region’s Cellule Permis de travail (work permit unit).

Employment permit and type-B work permit

Employers must apply for an employment permit for foreign nationals who are not legally staying in Belgium for a specific job.

The employment permit will only be issued if an alternative candidate cannot be found in Belgium who fulfils the job criteria, even with appropriate vocational training, within a reasonable timeframe (Article 8 of the Royal Decree of 9 June 1999 (FR/NL)).

The employment permit is issued to the employer together with the issue of a type-B work permit to the foreign national for the specific job. The foreign national will then be able to apply for a visa to enter Belgium to work for the applicant employer for the term of validity of the work permit.

The employment permit and the type-B work permit can be renewed in certain circumstances. For this, the employer must file a renewal application one month prior to the expiry date of the work permit.

Three different situations

There are three situations in which the employer has to apply for an employment permit and the worker can be granted a type-B work permit:

1. The employment concerns one of the special categories described in Art. 9 of the Royal Decree of 9 June 1999 (FR/NL).
2. Jobs in occupations for which a lack of skilled and qualified staff has been recognised can be taken by a foreign national of one of the new EU member states or a foreign national with long-term residency in Belgium.
3. Employers can hire foreign nationals who have applied for their stay in Belgium to be regularised between 15 September 2009 and 15 December 2009 and for which the Office des Etrangers (foreign nationals office) has made such regularisation dependent on the award of a type-B work permit.

The procedure for each of these situations is described below.

notes on accessibility of the documents to download

Special categories

Employment permits and the corresponding type-B work permits can be granted in the special cases below. The employer must submit specific documents in each case. The list of required documents in each case can be downloaded by clicking the links below. The forms you need to complete in each situation are also listed at the end of each section.

All documents are available for download here.

• Trainees aged 18-30 following a course of no more than one year in addition to prior training and leading to a diploma or certificate.
  
  • Required application documents "trainees" (.pdf) (50K)
  • Information on the trainee admission (.pdf) (320K) (FR)
  • Trainee employment permit application (.pdf) (611K) (FR)
  • Foreign national trainee declaration of intent (.pdf) (379K) (FR)
• Highly qualified staff or executives whose social security contributions are paid in Belgium. The annual remuneration of the highly qualified employees (holders of at least a higher education diploma) must be higher than 36,604 euros, whereas persons employed as an executive must earn more than 61,071 euros a year (amounts applicable for 2011) (maximum duration two times four years).
• Required application documents "qualified staff/executives-social security contributions paid in Belgium" (.pdf) (46K)
• Seconded highly qualified staff or executives (highly qualified staff: maximum duration two times four years).

  Required application documents "qualified staff/executives" (.pdf) (46K)

• Researchers (.doc) and visiting professors employed by a university, higher-education institution, scientific institution or research department (maximum duration four years).
  • Required application documents "researchers" (.pdf) (46K)
  • Required application documents "visiting professors" (.pdf) (45K)
• Technical experts working for an employer registered abroad who comes to Belgium to assemble, commission or repair a supplied system (maximum duration six months).
  • Required application documents "technical experts" (.pdf) (50K)
  • Permit application for a technical expert (.pdf) (723K) (FR)
  • Employees on temporary assignment for vocational training in Belgium under a sales contract (maximum duration six months).
  • Required application documents "trainer" (.pdf) (45K)
• Professional sportspeople and coaches insofar as their annual remuneration before tax is higher than 69,400 euros (amount applicable as of 1 July 2010).
• Required application documents "sportpeople and coaches" (.pdf) (46K)
• Persons employed in a position of responsibility at a foreign airline or a tourism agency whose social security contributions are paid in Belgium.

  Required application documents "airline/tourism-social security contributions paid in Belgium" (.pdf) (45K)

• Employees of a foreign airline or a tourism agency on temporary assignment

  Required application documents "airline/tourism temporary assignment" (.pdf) (47K)

• Young au pairs living for a limited period with a family, where they are given board and lodgings in exchange for light household duties, for the purpose of improving their language skills or their general education.
  • Required application documents "au pairs" (.pdf) (49K)
  • Information on the au pair applications (.pdf) (201K) (FR)
  • Application for a permit to employ a young person as an au pair (.pdf) (535K) (FR)
  • Contents of the au pair contract between the young person and the host family (.pdf) (134K) (FR)
  • Au pair contract between the young person and the host family (.pdf) (635KB) (FR)
• Performing artists whose annual remuneration before tax is higher than 30,535 euros (amount applicable in 2011).
  • Required application documents "performing artists "(.pdf) (46K)
  • Contents of the employment contract for non-Belgian performing artists (.pdf) (125K)
  • Employment contract for non-Belgian performing artists (.pdf) (762K)
• Spouse, registered partner or dependent children of a foreign national (Art. 9.16) holding a type-B work permit or registered as being self-employed.

  Required application documents "spouse/children Art. 9.16" (.pdf) (45K)

• Spouse, registered partner or dependent children of some foreign nationals (Art. 9.17) exempt from the work permit obligation (for example spouse, registered partner or dependent children of foreign nationals staying in Belgium under the special status of a diplomatic office).

  Required application documents "spouse/children Art. 9.17" (.pdf) (44K)

• Workers who are:
  • either nationals of a non-European Economic Area member state (Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom) and employed by a corporation registered in a European Economic Area member state
  • or nationals of a state referred to in article 10: Algeria, Bosnia and Herzegovina, Croatia, Kosovo, FYR Macedonia, Morocco, Montenegro, Serbia, Tunisia, Turkey, as well as the two new member states of the European Union (Bulgaria and Romania)
  • or nationals of an Organisation of Economic Cooperation and Development (OCDE) member state, notably: Australia, Canada, Republic of Korea, United States, Japan, Mexico, New Zealand, Turkey
  and living in Belgium to follow training lasting at least three calendar months at the Belgian office of a multinational to which their employer belongs, under a training contract between the offices of this multinational.

  Required application documents "Art. 9.18-19" (.pdf) (47K)

• Workers who are:
  • either nationals of a non-European Economic Space member state employed by an employer registered outside the European Economic Space;
  • or nationals of a non-signatory state to the Convention of 14 December 1960 on the Organisation of Economic Cooperation and Development,
  who come to Belgium to follow training (.doc) at the Belgian office of a multinational to which their employer belongs, under a training contract between the offices of this multinational.

Required application documents "Art. 9.18-19" (.pdf) (47K)

Shortfall occupations

Employers may apply for a permit to employ a national of one of the new European Union member states (Romania or Bulgaria) or long-term residents of another European Union member state in a shortfall occupation in this list (.pdf) (27K) (FR) .

Fast-track procedure for the employment of nationals of the new European Union member states in shortfall occupations

Until 31 December 2011, a fast-track procedure is available to employers that wish to employ a national of a new European Union member state (Bulgaria or Romania) in a strong>shortfall occupation. Complete applications are processed within five business days (Article 38 quater § 3 of the Royal Decree of 9 June 1999).

• Required application documents (.pdf)

Long-term residents of another European Union member state

Persons who have the status of ‘long-term resident’ in another European Union member state can be employed in a shortfall occupation in Belgium if they have an employment permit and a type-B work permit (by virtue of Directive 2003/109/EC and article 38 septies of the Royal Decree of 9 June 1999 (FR/NL) executing the Act of 30 April 1999 on the employment of foreign nationals).

• Required application documents "long-term residents" (.pdf) (50K) (FR)

Application for regularisation of stay submitted between 15 September 2009 and 15 December 2009 and for which the Office des Etrangers has made such regularisation dependent on the award of a type-B work permit

In some circumstances the regional authorities may issue employment permits and type-B work permits for foreign nationals who have applied to have their stay in Belgium regularised on the basis of point 2.8.B of the Directive of 19 July 2009, provided the application was not submitted between 15 September 2009 and 15 December 2009 (Art. 1 of the Royal Decree of 7 October 2009 (FR/NL)).

• Required application documents "regularisation" (.pdf) (52K) (FR)

"Exceptional" employment permit

An employment permit and type-B work permit can only be granted for the jobs and persons not covered by the abovementioned special categories (except article 9) if a qualified person cannot be found in Belgium. In addition, these persons must be nationals of states with which Belgium has signed international employment accords.

However, the Minister of the Brussels-Capital region may depart from these rules in individual cases for economic or social reasons.

• Required application documents for private servants (.pdf) (47K)
• Required application documents for other workers (.pdf) (45K)