Foreign self-employed persons
with a professional card in Flanders
February 2022 – Since 1 January 2022, non-EU nationals wishing to establish themselves as self-employed persons in Flanders have been subject to new regulations regarding their professional card. The old regulations of 1965 continue to apply in the other Regions.
The federal regulation
According to the federal regulation a business card is required when :
a person wants to set up as a self-employed person, as a natural person or as a representative of a company or an association (paid or unpaid mandate); and
he or she is not a Belgian national or a national of a Member State of the European Union, Iceland, Liechtenstein, Norway or Switzerland.
There are many exceptions. For example, no professional card is required for:
persons holding a valid alien's identity card ;
family members of nationals of a Member State of the European Economic Area
partners who assist or substitute their spouse in a self-employed capacity;
foreign nationals on business trips (maximum 90 days)
foreign journalists;
etc.
Flemish decree
The decree on the exercise of self-employed activities by foreign nationals was approved by the Flemish Government as early as 9 July 2021, but it was only published in the Belgian Official Journal in November. The decree modifies the admission conditions that self-employed persons and their professional activities must meet in order to be issued with a professional card as of 1 January 2022. The law that regulated this matter until now - a law of 1965 - did not in fact contain any admission conditions. A professional card could therefore be issued for any independent professional activity. The Flemish Government now intends to put an end to this.
The aim is to use the business card to attract more companies that can offer innovative, economic, sporting, artistic or cultural added value to the Flemish Region.
In the future, a distinction will be made between :
start-ups and scale-ups ;
classic companies; and
special statuses, such as sports coaches and artists.
The new economic migration policy is primarily aimed at attracting start-ups and scale-ups. The activities of these companies must have an innovative character. Innovation refers to new technologies applied in existing products, services or processes or for the development of new (or improved) products, services or processes.
Innovative start-ups and scale-ups will automatically be granted a professional card valid for three years.
This should make it easier for them - in cooperation with FIT (Flanders Investment and Trade) and VLAIO (Vlaams Agentschap Innoveren en Ondernemen) - to attract the necessary risk capital, without having to worry about the period of validity of their business card.
Traditional businesses are also still welcome (typical example: kebab restaurants), but under the new regulations, the traditional business will have to have a start-up capital of 18 600 euros and the entrepreneur will have to be able to present at least a secondary school diploma.
The third category consists of so-called special statuses, such as sports coaches and artists. A professional card will only be issued to them on the advice of the competent authorities for sport and culture.
Admission criteria
The training and skills acquired are examined as part of the assessment of each application (regardless of the type of business). In addition, the government expects every worker who becomes self-employed in Belgium to be able to pay himself a salary and sets the bar at 120% of the living wage, which currently amounts to 1524.61 euros net per month. The Flemish jobs created, the possible link with Flanders, the existence of a possible security problem... are also examined during the evaluation of the application file.
Professional cards are no longer valid for five years. Professional cards will now be evaluated after three years, after which an extension can be issued.
Electronic procedure
Everything is now done electronically: the application for a professional card, the granting and the payment. The Flemish Department of Employment and Social Economy ("Vlaams Departement Werk en Sociale Economie") becomes the competent authority.
The decree on self-employed activities comes into force on 1 January 2022. However, applications for obtaining, renewing, amending or replacing a professional card and appeal procedures submitted before 1 January 2022 will continue to follow the old rules.
