Temporary intra-corporate transfer (ICT)
If the non-European worker comes to work in Belgium as part of a temporary intra-corporate transfer, the need to obtain an authorisation and which type of authorisation to apply for vary according to the worker’s situation and the work period in Belgium.
(Art. 25 to 26 DGBCR, 16 May 2024)
Conditions for a worker to be “seconded as part of an intra-corporate transfer”
1) Secondment within the group
A company established outside the territory of the European Union temporarily seconds an non-EU national, for professional or training purposes, to an entity belonging to the same company or group and located in the Brussels Capital Region. The non-European national has an employment contract with the company abroad before and during the transfer period.
2) Executive, expert or employee entering the country as a trainee
The worker corresponds to one of the three cases mentioned below:
3) Minimum remuneration
The remuneration of the non-European worker who comes to work in Belgium as part of a temporary intra-corporate transfer must reach at least a certain amount.
Authorisation to be requested
If the above-mentioned conditions are met, the non-European national may enter Belgium to work after obtaining one of the following authorisations.
This authorisation to work is issued for the duration of the secondment to Belgium, with a maximum period of three years for executives/experts and one year for trainees.
The worker seconded as part of a temporary intra-corporate transfer (ICT) will work in Belgium for more than 90 days out of a period of 180
If the worker already has a permit for a person who is the subject of a temporary intra-corporate transfer issued by another EU member state
Apply for a long-term mobility single permitThe duration of stays already completed in other member states is taken into account to determine the validity period of the authorisation.
If the worker does not have an ICT permit issued by another member state:
If the person is staying in Belgium :
Apply for a single permitIf the worker does not have an ICT permit issued by another member state:
If the person is not staying in Belgium:
(cross-border commuter or working from home outside Belgium)
Apply for a long-term authorisation to workThe worker seconded as part of a temporary intra-corporate transfer (ICT) will work in Belgium for 90 days at most out of a period of 180
(living in Belgium, cross-border commuter or working from home outside Belgium)
If the worker already has a permit for a person who is the subject of a temporary intra-corporate transfer issued by another EU member state
You do not need to ask Brussels Economy and Employment for an authorisation to work (automatic exemption).
If the worker does not have an ICT permit issued by another member state:
Apply for a short-term authorisation to workIn case of successive jobs without any interruption, the previous periods are taken into account to calculate the 90 days. If the 90 days are exceeded, see procedure single permit.
Does this not apply to you?
Regulation
- Brussels-Capital Region Decree of 16 May 2024 implementing the Ordinance of 1 February 2024 on economic migration
- Ordinance of February 1, 2024 on economic migration in the "Work permits" regulation
- Cooperation agreement dated 2 February 2018 on the coordination of the policies with regard to granting employment authorisations and residence permits, as well as the norms pertaining to the employment and residence of foreign workers (.pdf)
- Cooperation agreement dated 6 December 2018 implementing the cooperation agreement of 2 February 2018
- Law dated 15 December 1980 on access to the territory, residence, establishment and removal of foreigners More
This section is currently being updated, to take account of the new regulations that came into force on 1 October 2024.
If you need any explanations, please contact us by e-mail at travail.eco@sprb.brussels. The section will be up in a few days.
Thank you for your patience and understanding.