The Flemish government plans to tighten labour migration rules, making it harder for non-EU workers to obtain work permits in the Dutch-speaking northern portion of Belgium.

Employment Minister Zuhal Demir announced plans to require companies to search for local and EU candidates for an extended period before hiring foreign workers, while exemptions for key “bottleneck jobs” – roles that are difficult to fill – will be reduced.

The reforms, she says, aim to protect local workers and prevent the misuse of single permits for cheap labour. However, employers have warned that the changes could worsen labour shortages in lower skilled sectors.

Currently, foreign employees who are not European Economic Area citizens must obtain a work permit or a single permit to work in Belgium, unless exempted.

The primary pathways to Belgium are for highly skilled and medium-skilled workers in bottleneck occupations, for which the labour market test is not required. 

For low- and medium-skilled workers, access is confined to short-term and temporary labour migration routes that bind the worker to a specific function or employer.

Under the new Flemish proposals, however, employers hiring for medium-skilled positions will need to prove they have searched for a candidate in Belgium and the EU for at least nine weeks before turning to non-EU workers. 

Additionally, single permits will no longer be automatically granted for positions listed among the 251 bottleneck jobs in Flanders. Instead, employers must demonstrate a continued shortage of local and EU applicants before hiring non-EU workers.

Demir emphasised that the goal is to prioritise Flemish jobseekers, followed by candidates from Brussels and Wallonia, and finally EU nationals, before workers from outside the bloc should be considered.

The proposed changes follow Flanders amending its single permits rules in May 2024, under which the region expanded grounds for refusing or withdrawing work authorisations and clarified permit categories. 

A foreign employee must belong to a certain category to obtain a work authorisation in Flanders. Only one work authorisation is granted per employee for the same period, with an exception for flexi-jobs.

But tightening these rules even further presents challenges for businesses and foreign nationals.

Employer concerns

Business leaders and employers’ associations have raised concerns the reforms could lead to talent shortages, particularly in sectors already struggling to fill vacancies, such as construction, hospitality, and healthcare. 

In 2023, more than 58,000 job openings in Flanders could not be filled by local workers, according to data from VDAB, the public employment service of Flanders, leading businesses to rely on foreign hires. 

New requirements on length of job advertisements and use of the European Employment Services (EURES) platform will increase administrative burdens on businesses and slow down hiring processes, lawyers warn.

“The new rule mandating employers to search the local labour market for at least nine weeks will likely lead to delays and operational inefficiencies for businesses,” says Strelia’s Aylin Ozturk.

“The obligation to advertise on VDAB and EURES platforms, along with mandatory collaboration with VDAB, adds a bureaucratic layer that prolongs recruitment cycles. 

“Industries already facing skills shortages will struggle with further delays, potentially leading to project disruptions and loss of productivity.

“SMEs may be reluctant to hire non-EU nationals and find compliance increasingly challenging due to more stringent procedures and additional bureaucratic obligations related to tax and social security,” Ozturk adds.

For bottleneck professions, the restriction on work permits for non-EU workers may also have economic consequences

“A smaller labour supply could drive up wages in sectors where employers compete for a shrinking pool of qualified professionals, increasing operational costs,” says Strelia’s Stefanie Tack.

Unfilled vacancies, she warns, could also lead to slowed economic growth, reduced business investments, and a potential decline in the region’s attractiveness.

“If hiring international talent becomes too restrictive, businesses may consider moving operations to jurisdictions with more flexible labour migration policies.

“The government’s policy objective is to encourage local hiring, which could, over time, increase employment rates among underutilised workforce segments. 

However, the transition may take years, during which businesses could face significant challenges in securing talent, adds Tack.

“While the intention behind these changes is to strengthen local employment and ensure fair working conditions, the practical impact on businesses and economic growth cannot be overlooked,” she explains.

 “A more balanced approach, such as improved processing efficiency and a more adaptive shortage occupation list, could help mitigate negative effects while still achieving policy goals.”

A better deal?

In Belgium, highly skilled workers must earn at least 100% of the average gross annual salary of €48,912 (£40,435) for those aged 30 and above, and €39,129.60 (£32,360) for those under 30. But Flanders has reduced this amount to 80% for under-30s or those employed in nursing roles. 

“With a reduced annual salary threshold 80% of the average annual gross salary for those under 30, schools will find it more feasible to attract foreign teaching professionals,” says Tack.

“The ‘occupation at 80%’ requirement aims to prevent precarious job conditions, ensuring that foreign workers in intermediate education and ‘other’ categories are hired under stable and secure contracts,” she explains.

The same requirement means also means increased access to flexi-jobs and more frequent updates to the Shortage Occupation List

“Single permit holders will now be able to take-up flexi-jobs after one year of employment at 80%, broadening their income opportunities without additional administrative hurdles,” Tack adds.

However, the 80% rule could limit non-EU nationals’ ability to take part-time roles, disadvantaging those seeking flexible employment options.