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Brussels Regional Public Service

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 € 55,431 from 01/01/2020, and minimum € 56,111 from 01/01/2021
    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 € 44,344 from 01/01/2020, and minimum € 44,889 from 01/01/2021
    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 € 27,715 from 01/01/2020, and minimum € 28,056 from 01/01/2021
    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)

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