The Belgian Foreigner's Office and regional
employment authorities have confirmed that the short-term intra-EU mobility
provisions under the European Union Intracompany Transferee (EU ICT) Directive
are enforceable in Belgium, even without legislation implementing the
Directive.
Holders of EU ICT Permits issued in another EU Member State
may legally stay and work in Belgium for up to 90 days in any 180-day period.
This is in line with the European Commission's position that the short-term
intra-EU mobility provisions of the EU ICT Directive have "direct
effect," even without implementing legislation.
Background
In 2014, the European Union lawmakers adopted a Directive to harmonize immigration
rules for intracompany transferees in most EU Member States and facilitate the
transfer of managers, specialists and graduate trainees both into and within
the region. EU Member States had until November 29, 2016 to implement the
directive into their domestic laws from the date it was published in the
Official Journal of the European Union.
Belgium is amongst a few Member States that did not meet the deadline to
implement the EU ICT Directive into their domestic laws and that remain as not
having implementing legislation in place today.
According to the European Commission, holders of EU ICT Permits issued in any
EU Member State should have the right to legally stay and work in any other
Member State for up to 90 days in any 180-day period.
This right has been
confirmed by Belgian authorities only at this point.
However, the remaining EU Member States that have failed to pass implementing
legislation by the above deadline have yet to officially confirm this right for
holders of EU ICT Permits.
Intra-EU Mobility
In addition to permitting work in the EU state that initially grants the
permit, the EU ICT Permit allows a transferee to work for entities of the same
multinational group in other EU Member States for up to 90 days within a
six-month period per Member State.
For these intra-EU work stays based upon an EU ICT permit, a Member State may
require, at a maximum, to submit a government notification prior to the
employment in the Member State's territory.
For intra-EU work stays exceeding 90 days, Member States may require a separate
EU ICT Mobile Permit application.
What This Means for Employers and Foreign Nationals
Foreign national holders of EU ICT Permits issued in another EU Member State
may legally stay and work in Belgium for up to 90 days in any 180-day period on
the basis of such permits.
Fragomen Brussels can advise employers on utilizing short-term intra-EU
mobility provisions of the EU ICT Directive in Belgium, as well as obtain
official confirmation for other EU Member States that have yet to pass implementing
legislation.
This alert is for informational purposes only. If you have any questions,
please contact the global immigration professional with whom you work at
Fragomen or send an email to beneluxinfo@fragomen.com.
European Union: Short-Term Intra-EU Mobility Provisions of EU ICT Directive Enforceable in Belgium
The European Commission has instructed EU Member States that the short-term (less than 90 days) intra-EU mobility provisions under the European Union Intracompany Transferee Directive are enforceable in all Member States, even those that have not yet passed legislation implementing the Directive. The Belgian Foreigner's Office and regional employment authorities have confirmed this to Fragomen - holders of EU ICT Permits issued in another EU Member State may legally stay and work in Belgium for up to 90 days in any 180-day period.