Chain Liability and Business Immigration in the Flemish Region as of 1 January 2026

Dear reader,

In 2026 significant new Flemish regulations concerning the employment of third-country nationals have entered into force. 

With effect from 1 January 2026, the stricter rules on chain liability have entered into force. In the context of (sub)contracting, certain activities are not physically carried out by the principal’s own employees, but by the (employees of the) subcontractor. By introducing several liability mechanisms, the legislator sought to prevent the risk of employing illegal third-country nationals from being easily and entirely externalised when work is subcontracted. The Flemish Government has further tightened these liability provisions. 

In addition, the rules governing labour migration have once again been amended with effect from 1 January 2026, impacting applications for work permits (less than 90 days) and single permits (more than 90 days) for third-country nationals (i.e. workers who are not nationals of an EEA Member State or Switzerland). 

Enjoy the read!