Legal Corner: Annual Salary Requirements

the minimum requirements for work permit type B

by Stefan Nerinckx – partner at Fieldfisher

The minimum annual salary required for the issue of employment authorisations and work permits type B for highly skilled or managerial personnel are adapted each year. You can find herewith the amounts which apply as from 1 January 2016.

For the award of a European “Blue card” a minimum gross annual salary of 51,494 Euro is required as from 1 January 2016.

Highly skilled personnel – From 1 January 2016, a foreign worker must earn at least 39,824 Euro gross per year in order to qualify for an employment authorisation and work permit type B as a highly skilled worker. In addition, he or she must also hold a higher education or university degree (or the equivalent).

Management personnel – The salary required for an employment authorisation and work permit type B as a manager will be at least 66,442 (or 66,441 in the Brussels region) Euro gross per year from 1 January 2016. Obviously the person in question must also actually hold a managerial position within the company.

Blue card – For the award of a European “Blue card” (i.e. a residence title which (under certain conditions) grants its beneficiary a right to a stay of longer than 3 months, while at the same time granting him the right to work) a minimum gross annual salary of 51,494 Euro is required as from 1 January 2016.

Exemption for executives working at headquarters – For foreign nationals employed at headquarters as executives or managerial personnel to benefit from the work permit exemption, from 1 January 2016 they must earn at least 66,441 Euro gross per year.

Wage elements taken into account – For the calculation of this minimum amount, all sums (gross salary, bonuses, year-end bonuses, double and single holiday allowances, etc.) and benefits in kind such as housing, car, etc. which count as remuneration for work will be taken into account, provided they are expressly included in the employment contract, with the amount specified.

Wage elements not taken into account – The allowances often granted to foreign workers to cover the additional costs that their employment abroad may involve are therefore not eligible (so-called ‘cost of living allowances’, removal costs, children’s school fees, etc.).

www.fieldfisher.com/locations/brussels

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