Entry into force of the Belgian law transposing the EU Blue Card Directive

On 10 September 2012 the Belgian legislation transposing the Blue Card Directive(2009/50/EC) entered into force. The Blue Card Directive itself was adopted on 25 May 2009 to create a “European Blue Card” for highly qualified third-country nationals.

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The Belgian Blue Card system will not replace the existing legal rules for high skilled workers (work permit B) and it respects the different competences of the entities and the federal authorities: the different entities confer a temporary labour permit to the contracting employer before the Immigration Office issues a residence permit for the employee and his family.

For issuing a Blue Card one should be able to provide documents attesting higher education of at least 3 years (at a recognised institution) and one should have a work contract with a minimum annual salary of 49.995 EUR gross (in comparison with work permit B: 37.721 EUR). The minimum annual income will be adapted annually. The Blue Card will be issued for 13 months, renewable for another 13 months and after that for 3 years. In the case the employee changes his/her employment, the permit has to be renewed.

The Immigration Office will have a maximum of 3 months to process a request. Blue Card holders have specific rights concerning mobility and family reunification, and they have access to the status of a long term residence after 5 years legal stay in the EU and 2 years in Belgium.

More information is available in French and Dutch on the web site of the Belgian Federal Public Service Employment, Labour and Social Dialogue.

Publication Date: Mon 10 Sep 2012
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