Flemish labour market policy 2026: focus on Belgian workers and stricter rules for foreign workforce
From 2026, Flemish labour market policy will radically change the rules of the game regarding labour migration. The Flemish government is resolutely opting for a stricter and more targeted framework, with the aim of maximising the activation of the available talents on the Belgian labour market and limiting the influx of low-skilled foreign workers. This change of course rests on three pillars: a more selective migration policy, a thorough digitisation of procedures and a stricter approach to abuse and fraud.
For employers, this means that the conditions for recruiting foreign workers will become stricter, that procedures will change and that checks will be more intensive. Timely preparation is therefore crucial in order to be able to respond smoothly to labour needs in the future. Van Havermaet follows these evolutions closely and is happy to guide organisations through this increasingly complex regulatory landscape.
More selective labour market policy with higher thresholds
The first pillar of the new policy focuses on activating the internal reserves on the Belgian labour market. Labour migration remains possible, but is clearly more selective. The conditions will be tightened especially for the category of highly skilled workers. Only those positions that are considered highly qualified are still eligible for a work permit through this category. Foreign employees with a higher education degree who want to perform a position at a lower level, such as a medium-skilled position, can no longer rely on the status of a highly educated person for this purpose. In addition, the supporting documents when applying for a single permit will be assessed more strictly and the authenticity of diplomas can now be checked.
The scope of labour migration is also further limited by essentially excluding low-skilled positions, corresponding to the Flemish Qualification Structure (VKS) levels 1 and 2. An exception will only remain for seasonal workers, who do not require an individual labour market survey, provided that it concerns shortage professions that are included on the VDAB list, especially in the agriculture, horticulture and hospitality sectors. The exclusion of low-skilled positions also has a significant impact on the “other” category. Because employees in this category must now be classified as trained or skilled workers, the salary requirements automatically rise to the level of medium-skilled positions.
In addition, the methodology for drawing up the list of medium-skilled positions will also be reformed. The objective indicators that show that there is a structural deficit in the Belgian labour market will now be included in the Decree of the Flemish Government. This should provide more legal certainty, although it remains possible to explicitly exclude certain positions from the list.
Digitalization and customer-oriented procedures
The second pillar focuses on a more digital, integrated and customer-friendly approach. To finance the administrative costs and the further digitization of the systems, a fee will be introduced. This measure should contribute to faster and more efficient procedures. In the same context, it is also being investigated whether a so-called “fast lane” can be developed for highly educated migrants.
The introduction of the fee is scheduled for the second quarter of 2026 and will apply to applications for single permits, including renewals. In parallel, the government is working on a central website on which migrant workers can receive clear information about their rights and obligations on the Belgian labour market. In addition, migrant workers will be obliged to follow an integration programme, which should strengthen their integration.
Tougher approach to abuse and fraud
The third pillar focuses on combating abuse and fraud. Both the optional grounds for refusal and revocation are significantly expanded. For example, the possibility of refusing an application after a previous sanction is no longer limited to the employer itself, but also extended to directors, both natural persons and legal entities. This means that a new application can be refused when a person who was previously sanctioned acts as a director of another or new company.
In addition, the period in which previous sanctions are taken into account will be extended from one to three years. New grounds for refusal are also added, including in the case of forgery, fraud or human trafficking. The existing ground for refusal of providing false information is further extended to false or illegally obtained documents that are presented by the foreign employee. From now on, a reference period of three years will also apply here.
An additional, striking measure is that new applications can be refused if an employer works for more than 80 percent with non-European workers who have a fixed-term work permit. The same extensions also apply to the grounds for revocation, whereby sanctions, fraud and human trafficking can explicitly lead to the revocation of an existing permit.
Transitional arrangement
The new regulations provide for clear transitional provisions. Applications submitted by 31 December 2025, as well as the resulting appeal procedures, will remain subject to the rules in force before 1 January 2026. Permits in the ‘other’ category which were granted before that date also remain valid until the end of their term. Renewals requested by the same employer for the same position will also still be assessed according to the old regime. All applications submitted from 1 January 2026 onwards will be fully covered by the new regulations.
Conclusion: more complexity requires targeted guidance
The Flemish labour migration policy is becoming increasingly strict and more concentrated around activating one’s own labour market. For employers, this means that the regulatory framework is becoming more complex and that errors can have far-reaching consequences more quickly. In that context, a well-thought-out approach is not an unnecessary luxury. Van Havermaet is ready to guide you through these rapidly evolving regulations and to make the right choices together with you, tailored to the needs of your organization.