Worker seconded in the context of a temporary intra-corporate transfer (ICT)

If a non-European worker comes to work in the context of a temporary intra-corporate transfer, the need to obtain an authorisation and the type of authorisation to be applied for varies according to the worker's situation and the period they will work in Belgium.

(Art. 2.36° and 9.1° of the RD of 09/06/1999)

Conditions for the worker to be "posted in the context of an ICT"

1) A company established outside the territory of the European Union temporarily posts a national of a non-EU country, for professional or training purposes, to an entity belonging to the same company or group, and situated in the Brussels Capital Region. The non-European national is bound to this company abroad by an employment contract before and during the transfer period.

2) The worker falls under one of the following three cases:

Function: senior management position, whose primary function is to manage the host entity (under the supervision or guidance of the board of directors or the shareholders of the company, or their equivalents). This function includes: managing the host entity or a service/section of the host entity; supervision and control of the work of other employees performing supervisory, managerial or technical functions; the authority to recommend hiring or dismissing staff or taking other staff-related measures.Duration of the stay in the European Union: 3 years maximum
Remuneration: minimum € 57,019 from 01/01/2022 and minimum € 60,998 from 01/01/2023
Diploma: diploma having required 3 years of higher studies
Function: an expert who has specialist knowledge and skills essential to the areas of activity, techniques or management of the host entity. In assessing this knowledge, the knowledge of the host entity and the high level of competence of the person will be taken into account (relevant professional experience for a type of work or activity requiring specific technical knowledge, possible professional affiliation).
Duration of the stay in the European Union: 3 years maximum
Remuneration: minimum € 45,616 from 01/01/2022, and minimum € 48,798 from 01/01/2023
Diploma: diploma having required 3 years of higher studies
Function: the worker comes for training (training in business techniques or methods, professional development) because they will be performing a new function in the entity which has sent them
Duration of the stay in the European Union: 1 year maximum
Remuneration: minimum € 28,509 from 01/01/2022, and minimum € 30,499 from 01/01/2023
Diploma: diploma at least equivalent to a university Bachelor's degree

Under these conditions, select one of the following situations:

The worker posted in the context of an ICT will work in Belgium for more than 90 days. Before coming to Belgium, they stay in a non-European country where the company employing them is located, or already holds an ICT permit issued by another EU country.

Apply for a permit via the single procedure

The worker posted in the context of an ICT will work in Belgium for a maximum of 90 days. Before coming to Belgium, they stay in the (non-European) country where the company employing them is located.

Apply for a work permit

(In the event of successive employment, previous periods are taken into account in the calculation of the 90 days. If the 90 days have been exceeded, see single permit application.)

The worker posted in the context of an ICT will work in Belgium for a maximum of 90 days. Before coming to Belgium, they stay in a country of the European Union where their company (abroad) has sent them ("intra-EU mobility"): they already hold a permit for a person subject to a temporary intra-corporate transfer issued by another EU country.

You do not need to apply for a work permit from Brussels Economy and Employment to work in Belgium. Automatic exemption under Article 2, 36° of the RD of 09/06/1999

The worker must have an employment contract in the sending state, an engagement letter (manager or expert) or traineeship agreement (trainee employee) specifying the duration of the transfer, working conditions, remuneration and, in the case of a trainee employee, the training programme.

(In the event of successive employment, previous periods are taken into account in the calculation of the 90 days. If the 90 days have been exceeded, see single permit application)

Does this not apply to you?

Check the page "Other case".

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 on coordination between policies on work permits and residence permits and the legislation on employment and residence of foreign workers

Law dated 15 December 1980 on access to the territory, residence, establishment and removal of foreigners

Royal decree dated 6 June 2019 amending the Royal decree dated 8 October 1981 concerning access to the country, the residence, the location and expulsion of foreign nationals

Royal decree dated 2 September 2018 implementing the law dated 9 May 2018 with regard to the employment of foreign nationals in a specific residence situation

Royal Decree dated 24 December 2020 amending the Royal decree dated 8 octobre 1981 concerning access to the territory, the residence, the location and expulsion of foreign nationals benefiting from the agreement on the withdrawal of the United Kingdom and Northern Ireland from EU (.pdf)

Law of 16 December 2020 on the beneficiaries of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU and the EAEC

Notice concerning personal data (.pdf)