Tax Alert

Single Permit

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EY Belgium Tax

20 Feb 2020
Subject Tax alert
Jurisdictions Belgium

Single permit: Belgian government working towards solutions

The implementation of the single permit Directive introduced procedural changes in Belgium complicating the migration landscape. Both employers and employees struggle with increased processing times and experience difficulties in obtaining work and residence authorizations.

Working towards a solution and an overall improved migration policy, the Belgian government has brought us some procedural changes benefitting the single permit process.

  • Employees renewing their single permit no longer require approval from the Federal Immigration Office to be allowed to continue working.
  • The validity period of single permits issued for 12 months or less will be increased, providing an additional two months of residence, exceeding the underlying work authorization.
  • Simplification of the process, i.e. the employee is no longer informed by the immigration office, helps to reduce the workload and reduces the required treatment time.

What has happened so far?

The single permit Directive was aimed at simplifying the process for economic migrants in the different EU member states. In Belgium this goal was not achieved in the first year following the implementation of the Directive. Processing times skyrocketed and practical difficulties led to work and residence interruptions for employers and employees.

The Belgian government and responsible authorities listened to these concerns and started working towards an improved migration policy. Two important changes will need to ensure legal residence throughout the renewal process as well as an expedited renewal process.

In detail

A first change lies in the right to work during the single permit renewal process. Until now, renewal applicants needed to await both the approval from the Regional employment Authority (Flanders, Brussels or Wallonia) and the approval from the Federal Immigration Office to continue working. This brought a multitude of problems for both employers and employees, especially taking into account the considerable increase in processing times with the Federal Immigration Office in the last year. On many occasions employees had to suspend their work activities.

Moving forward, the Belgian government has decided that the approval from the Regional Employment Authorities – which is provided at an earlier stage in the process – to be sufficient.

Applicants covered by legal residence will be able to continue working, upon receipt of this approval notification. Applicants with an expired or expiring single permit will first need to visit their local town hall to request an Annex 49. This document will both cover their legal residence and provide access to the employment market. The access to the labor market will be mentioned on the Annex 49.

Apart from the above, the Federal Immigration Office has also started issuing single permits with a validity period exceeding the validity of the underlying work authorization with two months. This approach is only for authorizations issued for 12 months or less. This leads to a rather complex situation in which the employee can be in possession of a single permit, while not being allowed to continue working. The aim of having a single permit is somehow lost in this procedural update, but the benefit lies in the idea that employees should no longer experience an interruption in their legal residence because of lengthy renewal procedures. This in its turn guarantees easier access to long term residence and in some cases even nationality.

The immigration office also looked into the simplification of the process, meaning that the employee is no longer informed of the approval of the single permit. One e-mail is addressed to the employer (or proxy holder) and the competent Belgian Embassy/Consulate/town hall. This has clearly a positive impact on the processing times of the immigration office.

What does this mean for you?

Applicants renewing their single permit can continue working as from the moment they have received the approval from the Regional Employment Authority. Upon receipt of this approval, applicants no longer in the possession of a valid single permit need to visit their local town hall and obtain an annex 49, confirming access to the employment market. There is no longer the need to await the approval from the Federal Immigration Office.

Applicants will have less worries in regards to residence and travel rights in lengthy renewal procedures. The two additional months of legal residence provided by the Immigration Office will allow these applicants to travel in and out of Belgium without difficulties.

What will the future bring?

The authorities are working on a digital platform to make sure that as from January 2021 the applications can be filed and tracked electronically. A first part of this digital platform should be ready as from mid-2020.