The turn of the year also brings a couple of changes to the legislative framework regarding employment of third-country nationals.

Below is a summary of some noteworthy changes:

1. Trainees

In 2022, third-country nationals could obtain an authorisation to work as a ‘trainee’ provided that the following conditions were met:

• the internship is a continuation of an education for which a degree or certificate has been obtained
• the intern is older than 18 and younger than 30 on the moment that the single permit is granted
• the duration of the internship is limited to 12 months
• the intern undertakes not to perform any work for another employer during the internship
• the work in the framework of the internship is performed on a full-time basis
• the sectoral minimum wage is complied with
• a training plan is established

As of 1 January 2023, third-country nationals can obtain an authorisation to work as a ‘trainee’ provided that the following conditions are met:

• the intern is still enrolled at an education institute for higher education or has graduated within two years preceding the application for the authorisation to work
• the internship corresponds to the qualification level of the intern and is situated in the context of the studies or the degree
• the internship agreement is concluded for a maximum duration of 6 months (in certain cases renewable for an additional period of 6 months)
• the intern undertakes not to perform any work for another employer during the internship (only in Brussels)
• appropriate housing is provided in case the intern stays with a guest entity

The most important differences between the old and the new legislative framework can be summarised as follows:

2. In-country modification of status

As a rule, third-country nationals need a single permit to reside and work on the Belgian territory for more than 90 days. Furthermore, this single permit, as a rule, has to be applied for whilst the third-country national is residing abroad.

However, in certain cases and for specific profiles, the single permit could be applied for whilst the third-country national already resides in Belgium. As of 1 September 2020, these cases were restricted to third-country nationals residing in Belgium based on a legal short-term stay and third-country nationals residing in Belgium in the framework of a legal long-term stay albeit to the extent that they were students or researchers.

The legislator has reversed this decision and has significantly expanded the category of third-country nationals who, during a legal long-term stay, can qualify for a change of status while remaining in Belgium to include:

• third-country nationals who (for humanitarian, exceptional circumstances or medical reasons) were authorised by the minister for a long-term stay
• third-country nationals admitted to a long-term stay by law
• certain family members who were authorised for a long-term stay in the context of family reunification (↔ pending procedure)
• third-country nationals with temporary protection such as Ukrainian nationals
• third-country nationals who have renounced their privileged diplomatic status

In other words, certain third-country nationals who have already been authorised or allowed to reside in Belgium for more than 90 days but want to switch to a different status (i.e. towards an autonomous and/or more reliable residence right), can henceforth apply for a single permit without having to leave the Belgian territory.

A classic case in practice concerns the third-country national who has obtained the right of residence within the framework of family reunification but wishes to switch to a single permit for certain reasons
(e.g. independence of the partner, divorce, the residence right of the partner becomes uncertain, etc.).

3. Croatia is part of the Schengen Area

On 1 January 2023, Croatia has officially joined the Schengen Area. Henceforth, certain third-country nationals (i.e. with a Schengen visa exemption linked to nationality or residence status in another Schengen country)  will be able to travel to Croatia without obtaining a Schengen visa.

Simon Albers., Associate, Clayes & Engels