On 5 December 2023, a draft ordinance relating to economic migration was presented in the Brussels Parliament by the Brussels Minister of Employment Bernard Clerfayt. The aim was to bring together in a single coherent and simplified text the provisions currently contained in two laws (one relating to employed foreign workers and the other relating to self-employed workers). The aim was also to present a modern system taking into account developments in the structure of the State, as well as EU standards and administrative practices in this field. 

In order to respond to labour shortages identified in the labour market, the ordinance pursues three objectives:

• preserve the economic interest of the Region, by allowing employers to hire a worker when they cannot find candidates on the job market and ensuring the added value of the new economic activities developed by foreign workers;
   
• contribute to the attractiveness and competitiveness of the region by offering foreign workers and employers a simple and coherent legal framework;
   
• ensure greater legal certainty for employers, salaried or self-employed workers and the administration responsible for implementing these provisions.

The draft ordinance has provoked numerous reactions, notably from the League of Domestic Workers and the Committee of Undocumented Workers of the Confederation of Christian Trade Unions of Belgium (CSC), regretting that the ordinance does not provide access to the single permit for undocumented workers already present in Brussels. Minister Bernard Clerfayt underlined that the ordinance is not a means to regularize undocumented workers and that this issue must be addressed, taking into account the division of powers and the exclusive competence of the federal government regarding the right of residence.

For further details, please read the draft ordinance and amendments to the text.