Through the combined work permit application from the Belgian authorities, employers can apply for a combined work and residence permit for non-EU workers. This ensures faster processing times, more transparency and is also an instrument in the fight against social dumping.

Foreign workers are an important driver of the competitiveness of Belgian companies. At the same time, a number of rules apply in our country for access to housing, work and social protection. For example, every non-EU citizen who comes to work in our country must have a valid work and residence permit.

Since the sixth state reform (2011), housing and work policy has been the subject of several federal and state institutions. This created a number of difficulties for both employers and the relevant authorities. To make the process more efficient, a “single permit” was introduced, a combined residence and work permit for up to 90 days.

Shopping between regions

Employers wishing to employ workers from outside the EU found the legal framework and application process for work and residence permits to be very complex, slow and not very transparent. The Federal Immigration Office (DVZ) decides on the residence permit and the states issue the work permit. The legal regulations and exact processes can therefore vary depending on the region and were sometimes still based on paper forms.

Lode Van Steenkiste, international relations expert at the National Social Security Office (RSZ), offers an anecdote describing the previous situation: “A delegation of Belgian employers once came to complain about the complexity and slow procedures. The application process was created on paper: a “brown paper” as long as the meeting room. A series of Kafkaesque processes ensued in which a certificate of correct wage payment had to be requested from the RSZ, which in turn had to be verified by another government agency. Sometimes things had to be checked four or five times that actually already existed in an authentic database.”

The responsible authorities themselves were also limited in their fight against “social dumping” because there was no central overview of all relevant information on the application documents. Some employers took advantage of this by “shopping” between regions. Van Steenkiste: “We used to see that an application that was rejected in one region was sometimes resubmitted in another. The other region does not know the reason for the rejection and admits… Here everyone demanded a central system. Everyone wants a solution that works.”

Unique desk for working and living

In mid-2021, the RSZ set up a unique desk for applying for a combined residence and work permit. The “Working in Belgium” portal page, part of the social security portal, provides information and a universal form. Depending on the region of work and place of residence, additional information is sometimes requested. The form directs the applicant step by step with the correct information to the correct competent authority, which must decide on the application. “We really take him by the hand,” adds Van Steenkiste.

Behind the scenes, the application is then forwarded to the immigration authority via the regional government. The complexity of the process remains hidden from the applicant. Ultimately, the combined permit is delivered electronically in the e-Box. In the meantime, the applicant can check the status of the file, forward missing documents or contact us at any time via the portal page.

The processing of the combined permit is therefore much faster thanks to the individual permit. The tasks of the services involved are better coordinated and sometimes run in parallel. The lead time and expected result are more predictable. Employers no longer have to wonder which region is responsible. In the event of an error or change, the file is simply forwarded digitally to the correct institution. And via the portal page, everyone involved can transparently track which phase the file is in.

For employers, quick and transparent processing means that the hurdle for hiring foreign workers is lowered. The administrations involved now have much more time for file processing, control and policy support, as they spend much less time on ad hoc communication about current files.

Van Steenkiste agrees: “The legislation may be complicated, but the process is not. For the former we have competent officials, but for employers and their foreign workers we need to remove any complexity. Speed, transparency and traceability are crucial.”

Don’t spend a euro twice

The fight against welfare fraud was also an important factor in the development of the single permit system. All information ultimately flows together into a “basic register” of foreign employment in our country. Such an information source managed by the RSZ is urgently needed for all services involved in the fight against social dumping. Through the Dolsis application they have access to complete and up-to-date information. This makes control measures more efficient and targeted. A digital process is also planned for revoking a work permit so that everyone involved is aware of this decision.

With the help of the Belgian social security institutions’ Reuse platform, the digital platform was developed centrally and uniquely for all those involved. A large part of the functionality was reused from existing components, for example communication via the e-Box. This is extremely cost-saving. In addition, the forms and processes are customizable per region, ensuring flexibility and autonomy. “That was our strongest selling point: don’t spend a dollar twice to develop the same thing. This makes this project an investment that will largely pay for itself,” says Van Steenkiste.

Self-service

There are still many expansion options in the pipeline. The individual permit covers the entire process of issuing both permits – residence and work permits – in which several institutions are involved. In the future, a follow-up process will follow for the Belgian embassies abroad as well as for the cities and towns where the foreign worker will settle. They also have an interest in transparency and an integrated digital process.

Other expansions initially involve legislative work, such as expanding the system to include professional and employment cards or permanent residence permits. A particularly difficult topic is “au pair” applications where the applicant is not (yet) an employer. It has not yet been decided whether a specific digital process will be developed for this with all the associated costs or a change in the law.

For Van Steenkiste, Single Permit’s main goal remains promoting local recruitment. “That was also one of the core values: it’s about fighting fraud, but also about the competitive position of Belgian companies on the European labor market. Our companies need people. It’s not for nothing that there are shortages of jobs. Profiles with specific skills often have to be sought outside Europe and as a Belgian company you quickly find yourself in competition because everyone wants to attract them. The goal of this project was also: reduce complexity, transparent process! This further improves our competitive position, and that’s good for Belgium.”

The legislation may be complicated, but the process is not. Speed, transparency and traceability are crucial.

Lode Van Steenkiste, international relations expert RSZ

This is a paper submitted by Smals that has been revised by the editors for publication. The ITdaily editorial team assumes no responsibility for the content.