Background information

Since 1 May 2024, changes have been implemented in the Flemish economic migration policy to prevent abuse (through the following decree: Besluit van de Vlaamse Regering tot wijziging van het besluit van de Vlaamse Regering van 7 december 2018 houdende uitvoering van de wet van 30 april 1999 betreffende de tewerkstelling van buitenlandse werknemers). With these adjustments, the Flemish Government aims to counter misuse and improper migration while preserving the core principles of the economic migration policy: facilitating the smooth attraction of foreign talent to strengthen the economy and address structural labour shortages. As these matters are a regional competence it is arranged by the different regions (Flanders, Brussels, Wallonia), of which Flanders was the first to introduce these changes.

The number of applications for foreign workers rose from 12,702 in 2019 to 22,746 in 2023, mainly for shortage occupations such as mid-skilled roles and seasonal work. To ensure future recruitment focuses on workers who can make a structural contribution to the economy, access is being concentrated on shortage occupations.

Content of measure

The change in policy of the Flemish government is that access to the Flemish labour market is open to foreign workers, provided the vacancy concerns a recognised shortage occupation. In total, 10 concrete changes are introduced:

1. For certain roles, a shortage is presumed, allowing employers to recruit abroad without first searching locally. This applies to all highly skilled profiles and specific mid-skilled roles listed biannually by ministerial decree. Both categories are subject to wage and qualification conditions. For other shortage occupations, employers must first recruit locally (with VDAB - the Flemish Service for Employment and Vocational Training's support) for at least nine weeks (three for seasonal work) before looking abroad. Non-shortage vacancies are excluded from economic migration.

2. Combined permits for mid-skilled and shortage occupations require at least 80% full-time employment.

3. Changing employers is now easier for Blue Card holders and seasonal workers; the new employer only needs to notify the migration office.

4. Foreign workers can take on secondary flexible jobs; highly skilled workers can also work as lecturers or researchers without extra permits.

5. Teachers, nurses, and young highly skilled workers can be hired at 80% of Belgium’s average gross annual salary.

6. Flemish rules now align with the revised EU Blue Card directive. The minimum salary threshold is raised to 130% of the Belgian average. After one year, Blue Card holders can change employer without notification. Intra-EU mobility is allowed after 12 months, and they can stay 180 days post-employment to find a new job.

7. Employers must prove financial soundness, no tax or social debts, and sufficient activity to cover wages, especially for young companies (under three years old).

8. Intermediaries must comply with private recruitment legislation; accreditation is required if acting as temporary agencies.

9. Stricter refusal and withdrawal grounds apply under a zero-tolerance policy against abuse. Examples include: — submitting false or forged data can result in a one-year application ban. — in case of doubtful qualifications or experience, extra verification may be requested.

10. Decisions are communicated via the applicant’s eBox (an electronic mail account provided by the government for communicating with citizens and users realted to government services)

Use of measure

No evaluation yet

Target groups

Workers	Businesses	Citizens
Migrants or refugees in employment	Applies to all businesses	Migrants or refugees

Actors and funding

Actors	Funding
Local / regional government	Regional funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Unknown	Unknown
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: N/A

Involvement

There are no clear signals that social partners were involved significantly in these changes in labour/migration policy.

Views and reactions

Even though the social partners have formulated opinions on this subject matter in the past, both independently and in a bipartite way. There seem to be no significant reactions on these concrete measures introduced by the Flemish government.

Sources

• 08 March 2024: Besluit van de Vlaamse Regering tot wijziging van het besluit van de Vlaamse Regering van 7 december 2018 houdende uitvoering van de wet van 30 april 1999 betreffende de tewerkstelling van buitenlandse werknemer (www.ejustice.just.fgov.be)
• 26 March 2024: Vlaanderen versterkt zijn economisch migratiebeleid vanaf 1 mei 2024 (www.vlaanderen.be)