The Blue Card Directive (2009/50/EC) was adopted on 25 May 2009 and Member States had until 19 June 2011 to transpose its provisions into national law. The Directive creates a “European Blue Card” for highly qualified third-country nationals and it sets out the conditions of entry and rights of residence.

The Belgium Blue Card system will not replace the existing legal rules for high skilled workers (work permit B). Like in the procedure for the work permit B, the new legal rules implement a dual administrative system respecting the different competences of the entities and the federal authorities: the different entities confer a temporary labour permit to the contracting employer before the Immigration Office issues a residence permit for the employee and his family.

For issuing a Blue Card one should be able to provide documents attesting higher education of at least 3 years (at a recognised institution) and one should have a work contract with a minimum annual salary of 49.995 EUR gross (in comparison with work permit B: 36.000 EUR). The minimum annual income will be adapted annually. The Blue Card will be issued for 13 months, renewable for another 13 months and after that for 3 years. In the case the employee changes his/her employment, the permit has to be renewed.

The Immigration Office will have a maximum of 3 months to process a request. Blue Card holders have specific rights concerning mobility and family reunification, and they have access to the status of a long term residence after 5 years legal stay in the EU and 2 years in Belgium.

Before the law is formally adopted, the Belgian Senate still has the possibility to intervene as a Chamber of consideration till the end of April. A number of Royal Decrees will complement the new law.
 

The draft bill can be downloaded here in French and Dutch.