As of 1 January 2026, Flanders will implement a far-reaching reform of its economic immigration policy and the single permit system. The stated objective is twofold: to better target genuine labour shortages and to strengthen safeguards against abuse. In practice, however, this reform represents a significant tightening of access to the Flemish labour market for foreign workers.
A New Approach to Shortage Occupations
From now on, the existence of a structural labour shortage will no longer be assessed solely on the basis of the number of vacant positions. The Flemish authorities will take into account much broader criteria, including:
- the causes and duration of the shortage,
- the existence of a local labour reserve,
- the availability of training programmes,
- geographic distribution,
- indicators of sectoral abuse or failure to meet the essential requirements of the profession.
While this more nuanced approach may appear relevant, it also opens the door to a more restrictive and potentially arbitrary assessment, at a time when economic needs remain acute.
A Sharply Reduced List of Shortage Occupations
The new list of medium-skilled shortage occupations is reduced to just 21 professions. Six new roles are added (including diamond cutter, chemical process operator and data network technician), while fourteen professions are removed, among them jobs that have historically been in shortage: heavy goods and bus drivers, butchers, bakers and pastry chefs, maintenance mechanics, and tilers.
Applications submitted up to 31 December 2025 remain admissible, and existing permits may be renewed. However, any new application for these professions will have to fall under the residual “other” category.
Tightening of the “Other” Category
This category becomes central — and far more demanding. Three cumulative conditions must be met:
- the position must appear on the list of shortage occupations,
- it must have been advertised for nine weeks on VDAB and EURES within the four months preceding the application,
- it must correspond to qualification level 3 or 4, aligned with the European Qualifications Framework (EQF).
Level 2 functions, targeting low-skilled jobs, are abolished. Once again, the transitional regime protects only permits already granted.
Employers must also provide detailed evidence: the worker’s diploma or professional experience, unsuccessful recruitment efforts, and training initiatives put in place.
Clarification — and Restriction — of Highly Skilled Worker Status
Flanders intends to put an end to misuse of this status. A highly educated worker occupying a non-qualified position will no longer be eligible as a highly skilled worker. The role performed must genuinely be highly qualified.
Seasonal Workers: A Stricter Framework
Seasonal workers remain limited to five months within a twelve-month period, exclusively in agriculture, horticulture and horeca. A major new requirement is introduced: they must also perform a profession listed as a shortage occupation. The Minister may exclude certain functions in the absence of a serious shortage, based on the same reinforced criteria. Such exclusions will be reviewed at least every two years.
Other Key Measures
- Strengthening of documentary requirements for ministers of recognised religions (proof of recognition, official appointment, salary coverage by the Federal Public Service Justice).
- Introduction of a Flemish administrative fee of approximately €200 per single permit application (final amount to be set by decree), non-refundable and separate from the federal fee.
- Extension of grounds for refusal or withdrawal: previous sanctions, inaccurate statements, falsified documents, or situations where more than 80% of the workforce consists of temporary foreign workers.
- Possibility to impose a refusal for a period of three years (instead of one).
- Declared intention to shorten processing times: 15 days for highly skilled profiles, 30 to 45 days for others.
This reform forms part of a broader trend towards stricter and more complex economic immigration rules in Belgium, at a time when companies continue to report persistent talent shortages and a loss of competitiveness compared to neighbouring countries.
An effective economic immigration policy should above all be clear, proportionate and coherent, so as to respond to the real needs of the labour market without creating absurd or counter-productive situations. Failing this, there is a serious risk of discouraging both employers and qualified workers — to the detriment of the Belgian economy as a whole.
Céline Verbrouck
Attorney at the Brussels Bar
Specialized in Immigration Law, Nationality Law, and International Family Law
www.altea.be
+32 2 894 45 70