‘manager’ : means a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent; that position shall include: directing the host entity or a department or subdivision of the host entity; supervising and controlling work of the other supervisory, professional or managerial employees; having the authority to recommend hiring, dismissing or other personnel action; (cfr. art. 24, 1° SA 6 December 2018);
“specialist’: means a person working within the group of undertakings possessing specialized knowledge essential to the host entity's areas of activity, techniques or management. In assessing such knowledge, account shall be taken not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification including adequate professional experience referring to a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession; (cfr. art. 24, 2° SA 6 December 2018);
‘trainee employee’: means a person with a university degree who is transferred to a host entity for career development purposes or in order to obtain training in business techniques or methods, and is paid during the transfer; (cfr. art. 24, 3° SA 6 December 2018).
Yes, you may come to Belgium and start working there, provided you have submitted your application 20 days before your arrival in Belgium and you have not yet exceeded the maximum period for short-term mobility.
No, this is not possible. The application must always be submitted while the third country national is abroad.
Yes, you can. You can submit your application while in Belgium for short-term mobility.
No, the Posting of Workers Directive regulates intra-EU mobility. In other words, workers bound with a work contract to a company based in the EU who temporarily perform services in another Member State.
Directive 2014/66/EU regulates the case where employees bound by a work contract to a company based outside the EU, temporarily work for an entity of the same company or a company belonging to the same group in the EU. However, he remains bound for the entire period by a work contract to the undertaking based in a third country.
Similarly, mobility from an undertaking based in another Member State to an entity of the same undertaking or an undertaking belonging to the same group in Belgium does not constitute posting within the meaning of the Posting of Workers Directive because the employee remains bound with a work contract with the company established outside the EU.
Yes, both in the framework of an intra-corporate transfer and in the framework of long-term mobility, your family member can join you.
If both applications are submitted at the same time, the Immigration Office will examine both applications at the same time.
The decision is taken within a period of 90 days.
The family member can stay in Belgium for the same length of time as the ICT transferee.
No, a direct transfer to Belgium is only possible for a period of more than 90 days. In the context of mobility, a short stay is possible, however.