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:
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 procedureThe 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)