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New rules for non-EU employees in Flanders: stricter for some, more flexible for others

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New rules regarding labor migration will apply from May. Controls will be tightened, although procedures for some profiles will also become more flexible.

From 1 May, changed rules apply in Flanders for the employment of employees from outside the European Union. This is confirmed by the office of Flemish Minister of Work Jo Brouns (CD&V). Employers will be able to employ certain profiles more flexibly, but at the same time Flanders is tightening control on labor migration.

The aim of the new rules is to easily attract foreign talent in view of structural shortages in the labor market. But at the same time the intention is to tighten the economic migration policy to reduce abuse and improper economic migration.

From May 1, it will be easier for holders of the European Blue Card for highly qualified employees to change employers in Flanders without a new application. However, from now on they must receive an annual salary of at least 130 percent of the average Flemish wage. Until now it was 120 percent. For certain IT profiles, diplomas are no longer taken into account, but only relevant experience.

First look in Flanders and Europe

In a press release about the amended regulations, Minister Brouns emphasizes that the Flemish government is at the same time tightening the rules for labor migration from outside the EU. Inspection services will now also be given a legal basis with reasons to refuse an application: for example, companies without employees or with too little turnover to justify additional personnel.

At the same time, the minister wants to strengthen the incentive to first question the Flemish or European labor market. This way, the dynamic bottleneck list for medium-skilled profiles is revised more quickly. That list contains positions for which the domestic labor market no longer needs to be questioned. It is possible to recruit outside the EU for short-skilled positions on the VDAB’s broader shortage occupation list, but the employer must first prove that he has sought a suitable candidate within Europe for at least nine weeks. Until now, that period was six weeks. (blg)

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