As business activity settles into a different pace over the summer, immigration developments across Belgium continue to make an impact. While processing slowdowns are typical during the holiday months, this year brings a combination of procedural delays and increased enforcement measures. Furthermore, caution is advised concerning the impact of several specific types of leaves on the minimum salary requirement for labour migrants. Lastly, third-country national students, who recently graduated in Belgium, might have the possibility to request a search year card, which allows them to explore employment possibilities for the duration of a year.
With several immigration developments potentially requiring timely action, employers and employees are advised to take these developments into account.
Long processing times for single permit applications
Belgian immigration authorities are currently facing significant delays in processing single permit applications, with some cases pending for over 14 weeks. Delays in residence card issuance may affect employees’ travel plans, particularly outside the Schengen Area. Employers are advised to initiate renewal procedures as early as possible and consult with immigration advisors before employees travel abroad during the application process.
Furthermore, the Walloon region has also indicated that their processing times are rising due to the amount of applications they currently receive. Furthermore, the holiday period usually also has an impact on prolonging the processing times.
Taking leave as labour migrants
Furthermore, for labour migrants planning a holiday, taking parental or unpaid leave, or dealing with unexpected sick leave, it is important to assess how these absences may affect their residence rights in Belgium. In case of single permit holders, certain kinds of leaves (e.g. parental or unpaid leave) can interrupt one’s employment continuity or reduce their gross income. Both factors are crucial for meeting the conditions of the single permit, depending on the specific category.
For instance, unpaid leave typically lowers the annual income, potentially resulting in the fact that the required salary threshold from an immigration perspective isn’t met anymore. This could, in turn, have significant consequences for a renewal application, as the authorities may raise questions, request regularisation of the situation, or even refuse the application altogether, potentially leading to delays or a gap in employment. It will therefore be important to verify in advance the impact of the type of leave one wishes to take. Lastly, the stance of the regional employment authorities concerning this topic also differs per region.
Stricter internal police checks
In response to rising irregular migration, Belgium will reinforce internal controls this summer across highways, international trains, buses, and flights, particularly from countries under high migratory pressure such as Italy and Greece.
These measures have been introduced in line with article 23 of the Schengen Borders Code, which sets forth the possibility and limits of temporary internal checks. Travellers must carry valid identity or residence documents during these checks. It is important to verify one’s travel documents and status before traveling, as permit renewal periods may restrict movement within or outside the Schengen Area.
See our regional alert here for more details.
Search year for recent graduates
Non-EU/EEA students graduating from Belgian higher education institutions may be eligible for a 12-month “Search Year” residence card. This permit allows recent graduates to remain in Belgium to look for employment or prepare for self-employment without needing an immediate work permit.
To qualify, individuals must hold a valid student residence card at the time of application and apply at least 15 days before it expires. Key requirements include proof of financial means and affiliation with a Belgian healthcare fund. While students from mobility programmes may also apply, they must do so through the Belgian embassy in their home country.
The Search Year permit enables free access to the labour market during its validity. If the individual secures a qualifying job, they can transition to a Single Permit. If opting for self-employment, a professional card may be requested instead.
The Search Year card is non-renewable and does not provide access to unemployment benefits.
These developments illustrate the evolving nature of Belgium’s immigration landscape, and the implications are significant. From navigating longer processing times and coordinating summer travel to managing leave policies and seizing post-study opportunities, employers must balance compliance with workforce planning.Vialto can support you
Vialto can assist you in identifying the documents you must carry at all times, as well as understanding the conditions under which you may travel to neighbouring countries and re-enter Belgium.
Our immigration team can assist in the following areas:
We’re here to help you navigate these developments confidently and ensure continued compliance throughout the summer and beyond.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Miftari Ajshe
Director
Gielis Fabian
Senior Associate
Marion Van Esch
Associate
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