Work permit exemptions brought into line with LIMOSA declaration exemptions

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Date:
13 Apr 2011

By Royal Decree of 13 March 2011, a few changes have been made to the exemptions applicable to non-EEA nationals seeking work permits in order to work in Belgium (even if this work is only temporary).

By Royal Decree of 13 March 2011, a few changes have been made to the exemptions applicable to non-EEA nationals seeking work permits in order to work in Belgium (even if this work is only temporary).

These changes concern more particularly foreign (i.e. non-EEA) employees coming to Belgium (i) to attend a scientific congress, or (ii) for meetings in a so-called “closed circle”.

These two categories of individuals are exempted from the obligation to obtain a work permit since 2007, but this exemption was only applicable insofar that the stay in Belgium for attending the congress and/or the meeting remained limited to five days a month.

With the new Royal Decree, this "five-days-limit" is abolished. For scientific congresses, the exemption now applies for the entire duration of the congress, irrespective of the duration of the stay in Belgium. The exemption for meetings in a closed circle is from now on limited to maximum sixty days per calendar-year with a maximum of twenty consecutive calendar-days per meeting.

The Royal Decree of 13 March 2011 thus brings the duration of the work permit exemption for these two categories into line with the LIMOSA obligations. Indeed, in these situations, no LIMOSAdeclaration must be made within these limits. Unlike the rules governing work permits, the LIMOSA obligation also applies to EEA employees who are temporarily or partially working in Belgium.

Furthermore, a few changes to the regulations governing the award of C work permits are also contained in the Royal Decree of 13 March 2011 and the equalization of marriage with registered partnerships (which has applied already since 2008 in practice) is from now on also legally established.

The Royal Decree of 13 March 2011 enters into force on 8 April 2011.

Royal Decree of 13 March 2011 amending Articles 1, 2 and 17 of the Royal Decree of 9 June 1999 on the execution of the Act of 30 April 1999 on the employment of foreign employees