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EY has learnt that the implementation of the new EU Blue Card Directive in Belgium has been delayed. The Directive was initially expected to go into effect by 18 November 2023. Until the new Directive is fully implemented, current legislations governing the issuance of Blue Cards will remain in place.
Background
On 20 October 2021, the European Parliament proposed the EU Blue Card Directive 2021/1883, which would replace the older Directive 2009/50. Key updates in the new Directive include decreased salary thresholds; relaxed contractual and qualification criteria, with relevant experience replacing the requirement for higher educational certificates; and allowing Blue Card holders to perform business activities in other EU Member States for up to 90 days in a 180-day period without obtaining a work permit.
EU Member States were initially allotted a two-year period to incorporate the provisions of the new Directive into their respective national legislations. However, many Member States (e.g., Sweden) have not yet been able to implement it.
Key developments
Federal and regional authorities in Belgium are currently working on finalizing the technical aspects of the new Directive’s implementation. The new legislation will depend on the interpretation of the Directive by the Brussels, Flemish and Walloon regions, which have autonomy regarding its implementation. The authorities may make adjustments to specific provisions to ensure effectiveness until the Directive is fully integrated into Belgian law. Further updates are expected in the coming months.
Impact on employers
The new Directive will simplify and streamline the process for Belgian employers seeking to recruit third-country nationals and enhance access to skilled talent in industries experiencing labor shortages. Employers may use this additional period to adapt their policies to ensure compliance with the new requirements.
Key steps
EY will continue to monitor these developments. Should you have any questions, we encourage you to contact one of our immigration professionals.