Economic migration in 2026: overview of new rules for employers in Flanders

1. Stricter conditions for economic migration as of 2026

The Flemish government has thoroughly reformed access to economic migration. The changes differ per category.

Highly skilled migrants: focus on the position

As of January 1, 2026, highly skilled employees can only apply for a single permit if they effectively perform a highly qualified function.

The diploma does not need to match the position exactly, but the focus is on the qualification level of the function itself. Highly qualified individuals performing a non-highly qualified function are no longer eligible under this category. These changes aim to limit misuse of the highly skilled category.

Medium-skilled bottleneck occupations: updated list

For medium-skilled employees in bottleneck occupations, a single permit can still be requested based on the presumption of shortage. This means that no prior labour market test is required for these functions.

However, the bottleneck occupation list has been revised:

• 10 functions have been removed (including truck driver, baker, butcher);

• 7 new functions have been added (including asbestos remover, diamond cutter, roofer);

• The list now includes 21 functions.

“Other” category: stricter rules

This category sees the most significant tightening.

Previously, a single permit could be requested for all bottleneck occupations, regardless of the employee’s qualification level. Since January 1, 2026, this has fundamentally changed. Low-skilled positions are no longer eligible for economic migration.

Employers wishing to recruit a foreign worker under this category must now:

• demonstrate that the function appears on the VDAB bottleneck occupation list and that the employee is medium-skilled;

• conduct a prior labour market test by publishing the vacancy for at least 9 weeks with VDAB and EURES and cooperating with VDAB’s mediation process.

As a result of this change, 21 functions listed as bottleneck occupations by VDAB are no longer eligible for economic migration, including dishwasher, kitchen assistant, high-altitude works operator, domestic cleaner, warehouse worker, and others.

2. Transitional arrangement for existing low-skilled authorisations

Workers who obtained a work authorisation for a low-skilled function before January 1, 2026, may, under certain conditions, renew their existing authorisation.

The conditions are:

• Employment continues uninterrupted;

• The worker performs the same function;

• The worker remains employed by the same employer for whom the original authorisation was granted.

This strictly concerns the continuation of existing employment. If the worker wishes to perform the same (low-skilled) function for a different employer, renewal will not be possible.

3. Seasonal work simplified

There is also positive news for sectors such as agriculture, horticulture, and hospitality:

• For seasonal workers in bottleneck occupations, no individual labour market test is required;

• However, the minister may exclude specific functions where no structural shortage exists.

4. New Flemish fee in 2026

In addition to the federal administrative fee, a Flemish fee will be introduced during 2026 for applications for work authorisation.

Important:

• It applies to new applications as well as renewals of combined permits;

• Work permits remain exempt;

• The Flemish fee is separate from the federal contribution.

From 2026 onwards, employers must therefore take into account two cost streams: federal and Flemish.