Single Permit - Webinar - Deloitte
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Single Permit – Webinar 15 January 2019
Intro
Chinese national, with
Green Card, hired by a
Fortune 500 Cy
Intra-EU mobility
Marries a Mexican
spouse while on
assignment in Mexico
Adopts 2 daughters while in
Australia
© 2019 Deloitte Belgium
2
1. Single permit: Context
13 December 2011: 2 February 2018: 1 January 2019: 1 January 2020:
Single Permit Coorperation Single Permit rules in Transition ended
Directive agreement force & Transition
European Directive Federal government and New legal framework in All non-EU workers will
entailing implementation regions agree on how to place, introducing the be in possession of a
of single permit and approach the Single Permit in all 3 Single Permit
process for certain implementation of the Belgian regions.
categories of foreign Single Permit while
A transition period of 1
workers into local respecting each other’s
year applies towards
legislation. competencies
individuals already
holding a work permit
under the old rules.
© 2019 Deloitte Belgium
3
2. The Single Permit process
CURRENT PROCESS
1. Work permit 3. Application
2. Visa application for ID card
application
Region grants work permit Embassy (or Ministry of
Based on work
and sends work permit to Internal Affairs) verifies
permit and valid
local commune, where entry conditions upon
visa, commune
service provider can retrieve submission visa application
grants Belgian ID
the permit. Work permit is file in home country and
card
sent abroad to individual issues visa
SINGLE PERMIT PROCESS
1. Submit complete
application file Visa Single Permit
to regional collection
authorities
Region grants
Region verifies conditional Ministry (DVZ)
eligibility for authorization checks entry
employment. to work, which is conditions and Embassy grants
Region also verifies sent to service approves visa based on Commune grants
completeness of provider. granting of the (very) limited Single Permit
required documents visa and sends application file
for entry into the Region transfers instructions to
country. file to Ministry of Consular
Internal Affairs authorities in
for review entry home country.
requirements.
© 2019 Deloitte Belgium
4
3. What does the new process mean for you?
A different process, which will allow your organization to streamline the immigration process of non-
EU nationals towards Belgium
Process Documentation
• 1 process, with 1 provider, • All documents to be
leading towards only 1 provided at once ensures
document! easier and better control!
• Synergies with tax and
social security
Costs Implementation
• No surprises, as process can be 1 January 2019, hence need
better governed! to prepare ASAP!
• Free time of internal
mobility team
© 2019 Deloitte Belgium
54. What’s new?
Process Dual process Interaction
• Single process whereby all • Current “work permit” process • Online electronic platform
documents are provided at once continues to exist for individuals accessible for social security
when initiating the application whose stay in Belgium will be and tax authorities will give
with the regional authorities (for limited to no more than 90 better view on actual
employment and entry) days, for individuals who will not presence/activities in Belgium
• Online electronic platform establish main residence in • Available data will be used to
should increase processing Belgium and for “au pairs” detect service PE’s (permanent
times going forward establishment for corporate tax
purposes)
Salary definition ICT’s Employment law
• New salary requirement for • For assignments intra-group • Review of social security and
highly skilled individuals or • For up to 3 years, and labor law compliance throughout
executives renewable under conditions the process (PWD requirements,
• Salary requirements as per • Seniority requirement of 3 salary level, applicable social
European rules (Posted Workers months security)
Requirements of “equal pay for • Prove qualification by means of • Review of putting at disposal
equal work” bachelor degree (forbidden chain secondment)
• Introduction of lists with salary • Salary must be in line with local and prohibition of replacement
levels in Flanders region (ISCO employees in a similar function of local employees by seconded
categories) employees
Validity Single permit Regional approach New exemptions
• Valid for up to 3 years • Regions are able to create their • Exemptions streamlined to
• Validity in line with employment own conditions (based on ensure they correspond with
agreement/assignment letter regionalization of labor market) current Limosa exemptions
• One document which allows • Single permit must be applied in • Exemptions for holders of ICT
both employment and residence region where most of the permit issued in another EU
• Uniform document in same activities are performed or country for up to 3 months
format across the EU where the company is • Broader exemptions for intra-
established company trainees
• Employment in different regions
is possible (in limited situations)
© 2019 Deloitte Belgium
65. What’s next?
• All highly-skilled immigration files introduced
as of 01.01 through new single permit process
• Document requirements (PCC / New type of
Medical Certificate / Proof of health insurance
for entire family)
• Inform business on timelines & new process,
both for application and renewal files
• Agree on process internally
• Evaluate opportunity to use different type of
“single permit process”
© 2019 Deloitte Belgium
76. Clarifications still needed
Is
regularization
in Belgium
How will the
possible
authorities
communicate?
How long will
the Permit be When can the activities start?
valid
Will all consular authorities Will scanned
send invites for collecting the documents be
visa? ok?
© 2019 Deloitte Belgium
87. How can Deloitte help
Deloitte ensures connect with tax, social
security and labour law throughout this
1 process (one-stop-shop)
Create efficiencies and cost-reduction in
current immigration processes for
mobility team & employees
Global Technology in-house to support the
entire mobility lifecycle (immigration – tax
– social security)
Advisory and training on new processes and
requirements – close connect with authorities
© 2019 Deloitte Belgium
98. European Immigration Landscape
EU Harmonization Immigration Schemes
• Single Permit Directive
• Blue Card Directive
• ICT Directive
• Schengen rules
Exchange of information between countries and
between different authorities in each country
EU Social Security coordination rules versus
Immigration rules on Intra-EU mobility of non EU
citizens
© 2019 Deloitte Belgium
10Questions
Matthias Lommers
Senior director
Global Employer Services
Tel: + 32 2 600 65 44
Mob: +32 479 20 53 96
Email: mlommers@deloitte.com
Joke Braam
Manager
Global Employer Services
Tel: +32 2 60062 86
Mob: +32 477 83 09 18
Email: jbraam@deloitte.com
© 2019 Deloitte Belgium
11Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee (“DTTL”), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL (also referred to as “Deloitte Global”) does not provide services to clients. Please see www.deloitte.com/about for a more detailed description of DTTL and its member firms. Deloitte provides audit, tax and legal, consulting, and financial advisory services to public and private clients spanning multiple industries. With a globally connected network of member firms in more than 150 countries, Deloitte brings world-class capabilities and high-quality service to clients, delivering the insights they need to address their most complex business challenges. Deloitte has in the region of 225,000 professionals, all committed to becoming the standard of excellence. This publication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms, or their related entities (collectively, the “Deloitte Network”) is, by means of this publication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person who relies on this publication. © 2019 Deloitte Belgium
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