Following the concept note ("Verscherpt en Geïntegreerd Arbeidsmigratiebeleid") of May 2024, the Flemish Government has approved amendments to the tewerkstellingsbesluit that translate this strategic direction into concrete regulatory changes on November 28, 2025. These rules have now been finalized, with most provisions entering into force on 1 January 2026.

On 9 May 2025, the Flemish Government has already approved a new concept note marking a significant shift in the region’s approach to labor migration. Proposed by Flemish Minister of Employment Zuhal Demir, this note outlined a clear direction: more selective admission, targeted skills attraction, and stronger integration requirements.

For companies in Flanders hiring foreign talent from outside the EU, this change was both an opportunity and a call to prepare.

Stricter Economic Migration Rules from 1 January 2026

As outlined in the original concept note, the Flemish Government aims to move away from a broad labour migration model toward a more selective, skills-based system. What’s changing:

• Priority is given to highly skilled profiles and medium-skilled shortage occupations.

• Migration pathways for lower-skilled roles are increasingly restricted.

• Labour migration policy must be better integrated with employment, economic and integration policies.

Flanders is tightening economic migration rules, increasing employer responsibility for compliance, and making international hiring more selective.

What’s Now in Effect

With the final approval by the Flemish government on November 28, 2025, the Flemish labor migration landscape has fundamentally shifted. For employers and HR professionals, these changes require an immediate review of recruitment strategies and workforce planning.

1. Tighter Admission Criteria

The updated framework introduces higher evidentiary standards for roles and qualifications.

While Flanders remains open to talent, the scrutiny on qualifications has increased. It is no longer sufficient to simply provide a copy of a degree. Under the new rules, checks on the authenticity of diplomas and the actual performance of high-qualified roles will be tightened. Employment contracts for migrant workers must now explicitly include details regarding job classification and the specific Joint Committee number.

For medium-skilled and ‘other’ roles, the shortened shortage-occupation list means fewer automatic pathways for non-EU hires. Low-skilled jobs (VKS 1–2) are no longer eligible for economic migration; seasonal roles may remain an exception where justified. For functions outside highly-skilled and revised medium-skilled lists, employers must normally demonstrate nine weeks of unsuccessful local recruitment on VDAB and EURES before filing under ‘Other’ pathways.

2. Documentation and Compliance Expectations

Enhanced documentation verification is now common practice; authorities can request evidence on role content, classification, and qualification authenticity. Under the new rules, if authorities doubt the authenticity of a candidate’s diploma, they can request additional proof to confirm the qualification before granting a permit. HR, legal and mobility teams should audit contracts, job descriptions and recruitment records to ensure they match permit filings precisely.

Employers must also be aware of a notable new ground for refusal: the 80% rule. Applications can now be rejected if a company’s workforce consists of more than 80% foreign workers with temporary permits. This requires HR departments to take a more strategic, long-term view of their workforce composition.

3. Introduction of a Flemish administration fee

In addition to federal charges, a new Flemish regional fee will apply to Single Permit applications (both initial applications and renewals). The retribution fees must be fully paid and evidenced at the time of submitting applications to the Immigration Office. Providing proof of payment for the correct, indexed amount helps ensure your file is accepted and processed without avoidable delays.

Practical Next Steps for HR Teams

• Review all current and planned non-EU hires for 2026 under the updated criteria.

• Map job classifications to the revised shortage-occupation list annually.

• Document labour market efforts with evidence (platform postings, applicant lists, rejection metrics).

• Budget and process for regional application fees.

At Expat Management Group, we help employers stay ahead of regulatory changes. Want to explore how this policy update could affect your hiring or mobility strategy? Reach out to our team to discuss a tailored approach 📩 belux@expatmanagementgroup.com.