Which Lawyer Helps Startups Hire Foreign Workers in Belgium?

Hiring international talent is one of the biggest growth levers for startups and scale-ups in Belgium, but it comes with a maze of regional permits, salary thresholds, and compliance deadlines. A single misstep can delay an onboarding by months or expose your company to criminal sanctions under the Belgian Social Penal Code. That is why more Brussels-based startups turn to an employment law firm that combines labour law expertise with professional immigration know-how. This guide explains the permit landscape, the 2026 salary thresholds, and how a specialised lawyer streamlines the entire process.

Why Startups Need a Specialised Lawyer

Belgium's immigration rules are managed at the regional level. Since the Sixth State Reform, the regulation of foreign workers has been the responsibility of the Regions: Brussels-Capital, Flanders, and Wallonia. Each region sets its own salary floors, documentation lists, and processing practices. A startup headquartered in Brussels but with a developer working from Ghent may need to navigate two different rule sets simultaneously.

An employment lawyer in Brussels who specialises in both labour law and professional immigration can audit your offer letter, verify the correct regional authority, and anticipate refusal risks before you file. Maître Nafissatou Tine brings 13 years of experience advising companies on international mobility, secondment, and work permits.

Work Permit Types for Non-EU Hires

A single permit is a combined residence and work authorisation for non-EEA nationals employed in Belgium for more than 90 days. It replaced the old work permit system on 1 January 2019. For stays under 90 days, the Work Permit B still applies.

Single Permit (Permis Unique)

The single permit is the standard route for startups hiring a developer, data scientist, or operations lead from outside the EEA. The employer submits the application through the federal Working in Belgium portal. Since May 4, 2026, all applications for non-European nationals must be submitted through this One-Stop counter; PDF forms and email submissions are no longer accepted.

EU Blue Card

The EU Blue Card is a permit designed for highly qualified workers meeting a higher salary threshold than the standard single permit. It offers enhanced intra-EU mobility and a faster path to long-term residence. However, it cannot be granted to seconded employees, and the salary bar is significantly steeper.

ICT Permit

The Intra-Corporate Transfer permit applies when a multinational moves a manager, specialist, or trainee to a Belgian entity for a temporary assignment. Startups rarely use this route unless they have a parent company outside the EU.

2026 Regional Salary Thresholds at a Glance

One of the most common reasons for permit refusal is failing to meet the minimum gross salary. The thresholds differ by region and permit category. Below is a comparison for 2026.

Brussels calculates thresholds monthly, while Flanders and Wallonia use annual figures. Benefits in kind are generally excluded from the calculation unless expressly guaranteed and taxable. A lawyer familiar with employment law practice areas can structure the offer so that the gross salary clearly satisfies the relevant floor.

The Single Permit Application Process

The procedure follows four main stages, and the total processing time is capped at 120 days from the moment the regional authority has a complete file.

Step 1: Document Preparation

The employer gathers the employment contract, diploma equivalence, criminal record extract, and proof of sickness insurance. All foreign documents must be legalised or apostilled and translated into French, Dutch, or German depending on the region.

Step 2: Submission via One-Stop Counter

The employer or an authorised representative files the application on the federal portal. If the employee is still abroad, the application can be submitted before they arrive in Belgium.

Step 3: Regional and Federal Review

The competent region (Brussels, Flanders, or Wallonia) evaluates the work authorisation. Once approved, the file moves to the Immigration Office, which checks residence conditions. A consultation with an employment lawyer before filing reduces the risk of incomplete dossiers that reset the 120-day clock.

Step 4: Permit Delivery and Municipal Registration

After approval, the employee collects the permit and registers at the local municipality. Only then may work begin legally.

EU Blue Card: When Does It Make Sense?

Despite its prestige, the EU Blue Card is used far less often in practice than the regional single permit for highly skilled workers. The salary threshold is considerably higher, and the administrative burden during the first two years limits its appeal for early-stage startups offering equity-heavy packages.

That said, the Blue Card has clear advantages for candidates planning long-term EU careers. A holder can apply for EU long-term resident status after five years of legal residence in the EU, with at least two consecutive years in Belgium. The revised directive also removed the waiting period for family reunification, allowing family members to accompany the holder from day one.

For startups offering senior engineering or product leadership roles above the Blue Card salary floor, it can be a compelling recruitment tool. Discuss the trade-offs during a legal interim management engagement or a one-off advisory session.

Drafting a Compliant Employment Contract

An employment contract is the legal backbone of both the working relationship and the permit application. Belgian law requires written contracts for fixed-term, part-time, and certain other arrangements. For a foreign hire, the contract must clearly state the gross salary, job title, place of work, and duration.

Common pitfalls include vague bonus clauses that regulators exclude from the salary calculation, missing language clauses for Brussels (where both French and Dutch may apply), and non-competition terms that could be deemed invalid. Learn more about non-competition clause conditions before adding restrictive covenants.

A specialised lawyer reviews every clause to ensure the contract satisfies both labour law and immigration requirements in a single draft, saving weeks of back-and-forth.

Key Takeaways

• Belgium's work permit system is regionalised: Brussels, Flanders, and Wallonia each set their own salary thresholds and documentation rules.
• The single permit is the main route for startups hiring non-EEA talent for roles lasting more than 90 days.
• Since May 2026, all applications must go through the federal One-Stop counter online portal.
• The EU Blue Card offers mobility perks but requires a higher salary and is less commonly used than the standard highly skilled permit.
• Salary thresholds for 2026 range from roughly €39,000 (young graduates in Flanders) to over €86,000 (executives in Wallonia).
• An employment lawyer ensures the contract, salary structure, and dossier meet both labour law and immigration standards.
• Non-compliance can trigger administrative and criminal sanctions under the Belgian Social Penal Code.

Frequently Asked Questions

What is a single permit in Belgium?

A single permit is a combined residence and work authorisation that allows non-EEA citizens to live and work in Belgium for more than 90 days. It replaced the former work permit system on 1 January 2019.

How long does the single permit process take?

The procedure takes a maximum of 120 days from the moment the regional authority has a complete file. Incomplete applications can significantly extend this timeline.

Do EU or EEA nationals need a work permit in Belgium?

No. Nationals of EU Member States, the EEA (Norway, Iceland, Liechtenstein), and Switzerland are exempt from work permit requirements.

What salary must a startup offer to get a highly skilled permit in Brussels?

For 2026, the minimum gross monthly salary for a highly skilled worker in the Brussels-Capital Region is €3,703.44. Benefits in kind are generally not included in this calculation.

When should a startup choose the EU Blue Card over a single permit?

The EU Blue Card makes sense when the offered gross salary exceeds the Blue Card threshold (e.g., €4,748 per month in Brussels for 2026) and the employee values intra-EU mobility or faster long-term residency. For most early-stage hires, the standard highly skilled single permit is more practical.

Can the application be filed while the employee is still abroad?

Yes. The employer can submit the single permit application while the employee is still in their home country. The employee travels to Belgium only after the permit is approved.

What happens if the salary drops below the threshold after hiring?

If the salary no longer meets the minimum threshold, the authorities may consider the employment illegal. Employers risk administrative fines and criminal prosecution under the Belgian Social Penal Code.

Why use an employment lawyer instead of a relocation agency?

An employment lawyer handles both the immigration dossier and the underlying employment contract, ensuring legal compliance on all fronts. Relocation agencies typically manage logistics but cannot provide legal advice or represent you before Belgian labour courts.

Get Started with Tine Avocat

Ready to hire your next international team member without the legal headaches? Contact Tine Avocat for a focused consultation on work permits, employment contracts, and social compliance for your startup in Belgium. Maître Nafissatou Tine and her team guide you from the first salary benchmark to the final municipal registration.