THE NEW EU SINGLE PERMIT DIRECTIVE: WHAT EMPLOYERS NEED TO KNOW

Directive (EU) 2024/1233, adopted on 24 April 2024, marks a significant shift in the EU’s approach to labor migration. It simplifies the process for third-country nationals to work and reside in a Member State, while harmonizing procedures across the EU and strengthening workers’ rights. Belgium must transpose the Directive into national law by 21 May 2026.

Current Belgian situation

Under current Belgian law, employer wishing to hire third-country nationals for more than 90 days must apply for a single permit via the relevant regional authority. This single permit combines both a work authorization (regional level) and a residence authorization (federal immigration office). Procedurally, the application must be submitted to the region, which first assesses its admissibility - without any binding deadline. Once deemed admissible, both the region and the Immigration Office have up to 4 months to issue a decision.

Upcoming Key Changes under the Directive

• Shorter Processing Times: The decision deadline is reduced to 90 days from the date the application is deemed admissible (previously four months). However, Belgium’s lack of a binding timeline for the initial admissibility assessment (i.e., is the file complete?) may still cause delays – an issue the Belgian legislature will need to address during transposition.

• Expanded Application Options: Applicants may now submit their application from within the Member State, provided they are legally present – even under a short-stay (tourist) visa. This is a key shift from the current Belgian rules, which only allow in-country applications for those holding a valid residence permit.

• Clearer Information & Transparency Obligations: The Directive requires Member States to provide clear, accessible information about the application process, required documentation, and applicant’s rights and obligations.

In addition:

• Applicants must be able to access all documents submitted by their employer to the authorities on their behalf.
• In Belgium, this presents a practical challenge: the digital application platform currently relies on the itsme  authorization app, which is not accessible to foreign nationals. A solution will be needed to comply with the new rules.
• Automatic Extension during Renewal: If a worker submits a renewal application, they must be allowed to continue working and residing legally until a decision is made even if the single permit expires during the renewal process. In Belgium, this would prevent gaps that currently result in temporary work suspensions while awaiting a renewal decision.

• Right to Change Employers: Single permit holders may now change employers during the validity of their permit, without restarting the entire application process. Member States may impose conditions, such as a minimum employment period with the initial employer, but the change cannot be prohibited outright. It remains to be seen whether Belgium will allow changes across positions or sectors as well.

• Protection during Unemployment: Temporary unemployment is no longer a ground for automatic permit withdrawal. Permit holders will retain their right to reside for up to three months or up to six months if they have held a valid permit for at least two years. If they find a new job during this time, they may remain in the country while the authorities process the new employment – even if the unemployment period has officially ended.

• Enforcement & Legal Recourse: The Directive obliges Member States to adopt effective, proportionate, and dissuasive sanctions against non-compliant employers. It also strengthens workers’ rights by allowing them to lodge complaints and seek legal redress.

Conclusion

Directive 2024/1233 represents a move toward a more efficient EU labor migration framework. For Employers in Belgium, it offers the potential for quicker hiring – especially of talent already present in the country – but also introduces important new transparency and compliance obligations. Belgium’s approach to transposing the Directive will determine whether these benefits are fully realised.

***

If you have questions or wish to discuss the upcoming reform or its potential implications for your business, please contact our Employment & Benefits team.