Occupations where there is a shortage, for foreign workers
This employment application must be submitted for a worker who does not have a specific occupation or does not have the qualifications required by the regulations.
This authorisation must meet the following conditions:
- It is impossible to find a job seeker among the workers available on the labour market who is able to satisfactorily fill the position in question within a reasonable period of time, even with adequate vocational training. A list of occupations where there is a shortage applicable to foreign workers wishing to work in Belgium has been drawn up and is updated annually.
- The proposed worker may not have entered Belgium with the intention of working there before being authorised to work.
- The employment contract must be duly completed, dated and signed by both parties. It must include the following information (based on Article 15 of the AGW [Walloon Government Decree] of 06/06/2024):
- the personal details of the employer and the worker,
- the duration and place of work,
- the working hours,
- the salary and the number of the joint committee to which the employer belongs,
- the position held by the worker and the classification of the position.
- The employment contract must also include statements certifying that the employer (based on Article 2. § 1 of the AGW of 06/06/2024):
- will cover any travel expenses to Belgium;
- will provide the third-country national with medical and pharmaceutical assistance and, where necessary, cover their hospitalisation, until they are entitled to sickness and disability insurance benefits.
- The proposed employment must also comply with the laws and regulations applicable in Belgium, as well as with collective labour agreements, in particular with regard to remuneration. The guaranteed minimum monthly income (RMMMG) as set by Collective Labour Agreement No. 43 of the National Labour Council must be attained regardless of the work schedule.
The authorisation is issued for a maximum period of 12 months and is renewable.
Single permit or work permit B?
Permit B is solely a work permit.
Permit B is issued to workers who come to work in Belgium on a contract of less than 90 days.
It is also issued to certain categories of workers, even if they come to work for more than 90 days:
- Cross-border workers
- Workers residing in hotels.
The single permit for a limited period is both a work permit AND a residence permit.
The single permit is issued to workers who come to work for more than 90 days (except in the special cases mentioned above).
Are you a seconded worker or not?
A seconded worker is a worker employed by a foreign employer who, under certain conditions, can contribute to the social security system of their country of origin without contributing to the Belgian social security system. Seconded workers must comply with the working conditions in force in Belgium, particularly in terms of salary and working arrangements.
If you wish to second a worker, the procedure is similar. You must provide specific documents (see table below).
If you wish to employ a worker for a maximum of 90 days in an occupation where there is a shortage of workers, apply for a B work permit.
Where should you submit your application?
For a B work permit, you must still submit your application on paper (2021). Click here to access the application form.
The form and its appendices must be sent to the following address:
Service public de Wallonie
Direction de l’Emploi et des Permis de Travail
Place de la Wallonie, 1
5100 JAMBES
How long will it take to process my application?
If your application is complete, it may take between 1 and 2 months, but this may double if your application is incomplete.
How do I apply for a renewal?
You can apply for the renewal of a B permit if the cumulative period of work in the country is less than 90 days.
For example, if a worker already had a one-month contract and you wished to renew their contract for an additional month, you would remain below the 90-day limit.
If you exceed 90 days, you must apply for a single permit.
You must apply for renewal of a B permit no later than two months and no earlier than one month before the expiry of your current B work permit.
Documents required for the work section
|
|
First application |
Renewal application |
|
Single permit application form |
Yes (1) |
Yes (1) |
|
Copy of the worker’s valid passport |
Yes |
Yes |
|
Copy of the worker’s Belgian residence permit |
Yes, if available |
No |
|
Copy of the applicant’s residency card of the applicant (employer or representative) |
Yes |
Yes |
|
Copy of the worker’s Belgian or foreign employment contract, or any other document confirming their employment. The contract must include the mandatory information listed at the top of this page. |
Yes |
(1) |
|
Copy of the worker’s diploma |
Yes |
No |
|
Job market evidence: FOREM |
Yes |
No |
|
Copy of the evidence for access to a regulated profession |
Yes, if the occupation sought is a regulated profession |
No |
|
Yes, if you are a worker seconded by a foreign employer |
(1) |
|
|
Copy of the secondment certificate or individual social security agreement |
Yes, if you are a worker seconded by a foreign employer who does not wish to pay social security contributions in Belgium |
(1) |
|
Copy of payslips or individual remuneration account |
No |
Yes |
|
Copy of the LIMOSA declaration for the previous occupation |
No |
Yes for a seconded worker |
(1): Yes, if the document sent for the initial application does not cover the renewal period you are requesting.
Important information regarding the evidence to be provided in relation to the job market
Several types of evidence can be provided to demonstrate that the local market cannot meet the demand for employment:
- Presence of the job on the list of occupations where there is a shortage - Article 2 §2, 1 of the AGW (Walloon government decree) of 6 June 2024
- FOREM certifies that it has been impossible to find a suitable job for at least five weeks. The vacancy is also automatically published via EURES – Article 2, §2, 2° a); Article 2 § 3
- Unsuccessful search for a candidate via the active management system by FOREM (which will provide a certificate) – Article 2, §2, 2° b)
- Unsuccessful search for a candidate via pre-selection by FOREM (which will provide a certificate) – Article 2, §2, 2° c
- Assessment by the delegated official on the basis of information provided by the applicant – Article 2, §4
For evidence to be provided via FOREM, the necessary steps must be taken prior to the application, given the response times applicable under the regulations (15 days). See FOREM page
For the purposes of assessment by the designated civil servant, this mechanism is not intended to replace FOREM’s expertise. It will concern applications for new, innovative and/or non-existent occupations on the local job market. All applications must be justified and contextualised, and submitted at the initiative of established operators. Failure to comply with these conditions may result in the evidence being considered insufficient.
The Minister of Employment retains the power to grant exemptions from this provision, in particular in the event of an appeal against a refusal.
Other steps to be taken:
If the worker is a seconded worker:
- you must submit a Limosa declaration
If the worker is not a seconded worker:
- You must check whether you need to submit a Dimona declaration.
- You must register the worker with the social security system in Belgium
You wish to employ someone for more than 90 days in a, occupation where there is a shortage of workers: apply for a single permit
Where should you submit your application?
For the single permit, the application must be submitted online, together with the accompanying documents, on the federal portal Working in Belgium.
|
Be sure to select the ‘other/unspecified’ option on the application form and prepare the relevant documents listed in the tables below in advance. |
How long will it take to process my application?
Applications must be processed by the authorities within four months.
The processing time is generally shorter for applications that are complete and comply with the regulations.
How do I apply for a renewal?
Applications for renewal of a single limited-duration permit must be submitted no later than four months and no earlier than one month before the expiry date of the current permit.
Documents required for the residence section
|
|
First application |
Renewal application |
|
Payment of the fee |
Yes |
No |
|
Extract from the worker’s police record |
Yes |
No |
|
Copy of a medical certificate issued less than 6 months ago |
Yes |
No |
|
Proof of health insurance |
Yes |
Yes |
You will find detailed information here:
- Regarding health insurance
- Regarding tax
- Regarding the medical certificate
Documents required for the work section
|
|
First application |
Renewal application |
|
Single permit application form |
Yes (1) |
Yes (1) |
|
Copy of the worker’s valid passport |
Yes |
Yes |
|
Copy of the worker’s Belgian residence permit |
Yes, if available |
No |
|
Copy of the applicant’s residency card of the applicant (employer or representative) |
Yes |
Yes |
|
Copy of the worker’s Belgian or foreign employment contract, or any other document confirming their employment. The contract must include the mandatory information listed at the top of this page. |
Yes |
(2) |
|
Copy of the worker’s diploma |
Yes |
No |
|
Job market evidence: FOREM |
Yes |
No |
|
Copy of the evidence for access to a regulated profession |
Yes, if the occupation sought is a regulated profession |
No |
|
Yes, if you are a worker seconded by a foreign employer |
(2) |
|
|
Copy of the secondment certificate or individual social security agreement |
Yes, if you are a worker seconded by a foreign employer who does not wish to pay social security contributions in Belgium |
(2) |
|
Copy of payslips or individual remuneration account |
No |
Yes |
|
Copy of the LIMOSA declaration for the previous occupation |
No |
Yes for a seconded worker |
(1) For the single permit application, the form must be completed and signed electronically online by the applicant (the employer or their representative). No scanned application documents need to be attached. No signature of the electronic form is required for the worker/trainee/volunteer; the signature on the contract, secondment letter, internship agreement/programme or volunteer agreement constitutes consent for the application.
2) Yes, if the document sent for the first application does not cover the renewal period you are requesting.
Important information regarding the evidence to be provided in relation to the job market
Several types of evidence can be provided to demonstrate that the local market cannot meet the demand for employment:
- Presence of the job on the list of occupations where there is a shortage - Article 2 §2, 1 of the AGW (Walloon government decree) of 6 June 2024
- FOREM certifies that it has been impossible to find a suitable job for at least five weeks. The vacancy is also automatically published via EURES – Article 2, §2, 2° a); Article 2 § 3
- Unsuccessful search for a candidate via the active management system by FOREM (which will provide a certificate) – Article 2, §2, 2° b)
- Unsuccessful search for a candidate via pre-selection by FOREM (which will provide a certificate) – Article 2, §2, 2° c
- Assessment by the delegated official on the basis of information provided by the applicant – Article 2, §4
For evidence to be provided via FOREM, the necessary steps must be taken prior to the application, given the response times applicable under the regulations (15 days). See FOREM page
For the purposes of assessment by the designated civil servant, this mechanism is not intended to replace FOREM’s expertise. It will concern applications for new, innovative and/or non-existent occupations on the local job market. All applications must be justified and contextualised, and submitted at the initiative of established operators. Failure to comply with these conditions may result in the evidence being considered insufficient.
The Minister of Employment retains the power to grant exemptions from this provision, in particular in the event of an appeal against a refusal.
Are any other documents required?
When the authorisation period exceeds 12 months, the employer must send a copy of the worker’s individual accounts for the previous year to Direction de l’Emploi et des Permis de Travail (Employment and Work Permits Department) on each anniversary date of the authorisation’s issue.
Other steps to be taken:
If the worker is a seconded worker:
- you must submit a Limosa declaration
If the worker is not a seconded worker:
- You must submit a Dimona declaration
- You must register the worker with the social security system in Belgium