Author: Emmanuel Ruchat

Supported by growth in the construction and services sectors, Belgium’s GDP rose by 1.1% year-over-year (seasonally and calendar adjusted).The 2025–2029 Federal Coalition Agreement aims to “ensure the long-term economic competitiveness of the country by attracting talent and skills.” The key guidelines of this new policy can be summarized as follows: Revision of shortage occupation listsEach region (Flanders, Wallonia, Brussels) updates its sector-specific lists of high-demand occupations, allowing for expedited admission of qualified foreign workers in areas such as healthcare, construction, ICT, transport, etc. Simplified single permitThe issuance of the single permit (work + residence) is accelerated for qualified profiles, with reduced processing times and less stringent requirements (e.g., relevant work experience instead of a formal degree). Qualified immigration from outside the EUEmphasis is placed on cooperation with third countries to attract skilled workers from outside the EU, through bilateral agreements inspired by the Canadian model. Reduction of administrative barriers for businessesAdministrative relief is planned for employers seeking to recruit foreign talent: digital one-stop shops, lighter documentation requirements, and streamlined group applications in specific sectors. Focus on retaining international talentThe objective is not only to attract talent but to retain it: easier access to permanent residence for foreign workers, facilitated family reunification for highly qualified profiles, and priority access to continuing education. The expected economic impact should be significant. In addition to reducing labor market tensions in chronically understaffed sectors, there will be productivity gains for businesses and increased fiscal contributions from new workers. The financing of social security will be sustained through a broader base of contributors.

In 2025, France implemented several legislative, regulatory, and practical changes in immigration policy. These updates primarily focus on exceptional admission to residence, residence permits, employment conditions for foreigners, and procedures relating to asylum and integration. The circular issued on January 23, 2025, prioritizes exceptional residence permits for foreign workers employed in occupations and regions facing labor shortages. The criteria for regularization have become stricter, requiring applicants to demonstrate at least seven years of residence in France—up from five years previously—as a clear indicator of integration. Foreigners subject to recent return bans (IRTF) or obligations to leave French territory (OQTF) are generally excluded from the procedure, unless new information warrants reconsideration. At the same time, the 2025 circular eliminates previous regularization criteria from 2012, such as temporary employment situations or short-term contracts, leaving prefectures with fewer specific guidelines to evaluate individual cases. Regarding residence permits and integration, Law No. 2024-42, effective since January 26, 2024, introduces a “Republican Engagement Contract.” Foreigners seeking residence permits must commit explicitly to respect republican principles. Failure or refusal to sign or adhere to this contract may lead to denial or withdrawal of the residence permit. Additionally, the previously named “Passeport Talent” residence permit has been simplified and renamed the “Talent” permit, consolidating several categories for clarity. Employment conditions for foreigners have also become stricter since September 1, 2024. Authorities now thoroughly assess employers’ compliance with social obligations and their criminal records before granting work authorizations. Employers must demonstrate that recruitment plans are proportionate to their economic activities. Furthermore, a new requirement mandates that employers ensure decent housing for seasonal foreign workers throughout their stay. The asylum application process has been streamlined with the establishment of territorial “France Asylum” centers, enabling asylum seekers to complete all necessary steps—registration, rights activation, and filing of applications—in a single location. This reorganization aims to significantly reduce processing delays. Additionally, proficiency in French and adherence to republican values remain central requirements, reinforced under the updated Republican Integration Contract (CIR). Finally, sanctions against employers exploiting unauthorized foreign workers have been significantly strengthened. Law No. 2024-42 doubles applicable fines, which can reach up to €30,000—or €200,000 if violations involve organized criminal groups—and converts the special contribution into an administrative fine. Overall, the 2025 immigration reforms aim to balance tighter control of immigration flows with improved integration through employment and language acquisition for legally residing foreigners. However, stricter criteria for regularization and residence permits may limit access for certain groups. These changes reflect an approach focused on more restrictive immigration policies while addressing labor shortages in critical sectors.

Depuis bientôt vingt ans, Lexial assiste des chefs d’entreprise et des investisseurs étrangers qui veulent s’établir, souvent avec leur famille, en Europe – en particulier en France, en Belgique et en Suisse. Cette demande reste forte y compris en France malgré le contexte politique et à Bruxelles, où l’on travaille au sursaut européen indispensable pour rester dans la course. A Genève, la forte sélection opérée, dans une Confédération qui reste très performante et stable, permet l’accès notamment à un régime fiscal privilégié et qui, en 2025, devrait encore devenir plus avantageux dans certains cantons.   Mais cette demande évolue. En attendant une concrétisation des efforts européens, de nombreux observateurs estiment que les Etats-Unis, qui avaient perdu beaucoup de leurs attraits depuis presque une décennie, sont sur le point de faire un important bond en avant en termes de croissance économique, de compétitivité et donc d’attractivité. Cette dernière, combinée à une politique plus restrictive des flux migratoires, conduira sans nul doute à une évolution et à une complexification des processus de sélection. Certains de nos clients établis en Europe nous demandent aujourd’hui de les aider à obtenir les visas américains EB-1, EB-2 NIW, L-1A, E-2, H-1B, EB-5, dont certains pourraient bientôt être modifiés ou disparaître.  C’est dans ce cadre que Lexial a décidé d’ouvrir un point de contact à Washington et de nouer des partenariats avec plusieurs acteurs locaux, confrères ou non, répartis dans différents Etats américains et spécialisés dans le droit de l’immigration. Nous sommes également devenus membres de l’AILA (American Immigration Lawyers Association), qui nous permet non seulement de bénéficier en la matière d’informations et de bases de données parfaitement à jour, mais aussi de pouvoir trouver un point de contact très rapidement dans n’importe quelle ville des Etats-Unis.  

The exceptional admission for residence is a discretionary procedure outlined in Articles L. 435-1 to L. 435-4 of the CESEDA, which allows the prefect to grant residence to a foreigner outside the typical legal provisions. Article L. 435-1 specifies that foreigners whose admission is based on humanitarian considerations or exceptional circumstances can obtain residence permits such as “employee,” “temporary worker,” or “private and family life” depending on the reasons presented. The November 28, 2012, “Valls Circular” established guidelines for this process, clarifying what constitutes “humanitarian considerations” or “exceptional reasons,” including references to irregular employment. This procedure generally requires a minimum stay of five years in France and employment for eight months, with employers needing to submit a work authorization form. In response to labor shortages, the 2023 government bill sought to extend exceptional admission to more foreigners. Though initially removed by the Senate, the procedure was reintroduced through Article L. 435-4 of CESEDA. This allows foreigners who have worked in sectors facing recruitment challenges for at least 12 months within the past two years and who have resided in France for at least three years to receive a one-year “temporary worker” or “employee” residence permit. A February 5, 2024 circular clarified the implementation of this new system, which only applies to foreigners working in sectors with labor shortages. It excludes certain residency periods, such as those covered by “seasonal worker” or “student” permits. The law emphasizes that the permit is issued on an exceptional basis, taking into account not only professional activity but also social and familial integration, adherence to public order, and alignment with French societal values. This new provision supplements existing exceptional admission possibilities, such as those described in Article L. 435-1, which also permits residence for temporary or regular workers but requires an employer’s work authorization form. 4o

The European Union has introduced Directive 2024/1233 (24 April 2024), which marks a significant step forward in simplifying and harmonizing the procedures for third-country nationals to reside and work in EU member states. This directive aims to streamline the process, enhance workers’ rights, and ensure equitable treatment across the Union. Here’s a comprehensive overview of the key innovations and principles introduced by the directive: Unified Application Procedure One of the most notable advancements is the establishment of a unified application procedure. This process allows third-country nationals to apply for a single permit that authorizes both residency and employment within a member state. This simplification significantly reduces the administrative burden for both workers and employers, cutting down on processing times and bureaucratic hurdles. Common Set of Rights Directive 2024/1233 sets a common foundation of rights for third-country workers, ensuring they receive the same treatment as nationals of the host member state in various critical areas. These include employment conditions, wages, social security, and access to public and private goods and services. This harmonization is designed to enhance the integration and protection of migrant workers, ensuring they can contribute effectively to their host countries’ economies. Harmonization Across Member States By standardizing the rules and procedures for issuing single permits across the EU, the directive aims to reduce the discrepancies between national systems. This uniformity facilitates the mobility of workers within the EU and increases the transparency and predictability of the application process. Improved Access to Information The directive mandates that member states provide clear and accessible information on the requirements for entry and stay, rights and obligations, and necessary documentation for permit applications. This initiative ensures that both third-country nationals and employers are well-informed and can navigate the administrative processes more effectively. Flexibility to Change Employers The directive grants permit holders the right to change employers during the validity of their single permit, subject to certain conditions. This flexibility is crucial for allowing workers to seek better employment opportunities without restarting the entire application process, thus fostering a more dynamic labor market. Protection Against Exploitation In cases of abusive working conditions, the directive empowers member states to extend the authorized unemployment period for single permit holders. This provision enhances protection against exploitation and abuse by employers, providing a safety net for vulnerable workers. Sanctions and Legal Recourse To ensure compliance, the directive includes provisions for effective, proportionate, and dissuasive sanctions against employers who violate the regulations. It also establishes mechanisms for workers to lodge complaints and seek legal redress directly or through third parties, ensuring their rights are upheld.

In 2023, France was recognized as the most attractive country in Europe for foreign investors for the fifth consecutive year, surpassing both the United Kingdom and Germany (EY, May 1st, 2024). Despite a slight decline in the number of foreign investment projects, down 5% from the previous year to 1,194, the investment levels remained robust, similar to those observed in 2019, before the global health crisis. These investments resulted in the creation of 39,773 jobs throughout the country. The enduring attractiveness of France is largely attributed to substantial reforms implemented over the past decade, including changes to the labor code, reductions in corporate and capital taxes, and significant decreases in production taxes. These measures, complemented by strategic investment plans such as France Relance and France 2030, have markedly improved France’s business environment. According to a study, these reforms have made France’s economic model more competitive and attractive than it was prior to 2017. Despite these positives, the study revealed several areas of concern. One significant issue is France’s struggle to attract new greenfield investments, with existing site expansions making up a large proportion of the investment projects. In contrast, new site investments are more common in the UK and Germany. Moreover, the average number of jobs created per investment project in France is considerably lower than in neighboring countries, pointing to potential inefficiencies or different economic focuses. Investor concerns extend to the financing of enterprises, cost competitiveness, and taxation, with the high cost of energy emerging as a new significant disadvantage. The previous year’s extensive strikes related to pension reforms also tarnished France’s image regarding social stability. The study suggests that while France has made significant advancements, its future attractiveness may hinge on addressing these emerging and persistent challenges. The country is at a pivotal moment, needing to sustain momentum from post-pandemic recovery efforts and to continue adapting to maintain its lead in an increasingly competitive global environment.

In its January 18, 2024 decision in Allée v. France, the European Court of Human Rights ruled that France violated the freedom of expression by wrongly convicting someone who had accused colleagues of harassment without adequate proof, under Article 10 of the European Convention on Human Rights. Additionally, the European Parliament and Council’s Directive (EU) 2024/1069, issued on April 11, 2024, and published on April 16, 2024, protects public discourse participants from baseless legal actions and abusive lawsuits, known as “strategic lawsuits against public participation” (SLAPP).In the Allée v. France case decided on January 18, 2024, the European Court of Human Rights ruled that France violated the freedom of expression by convicting an individual who, without sufficient proof, accused colleagues of harassment. This decision came shortly before the European Union Directive 2024/1069 was published, aimed at protecting public discourse participants from baseless legal claims and abusive legal procedures, known as “strategic lawsuits against public participation” (SLAPP). The case involved a secretary who felt harassed by her executive vice-president and eventually sent an accusatory email about him, leading to her and her husband being sued for public defamation. The French courts initially found the email to be public and defamatory, dismissing her defense that the email was private and that she had a right to report workplace offenses. However, the ECHR disagreed, highlighting that the distribution of the email was limited and criticizing the excessive proof burden required by French courts, which overlooked the challenges of proving harassment. The ECHR’s decision raised concerns about possibly encouraging defamation by lowering the threshold for accountability in serious accusations without solid grounds. It suggests a potential shift in the legal landscape where freedom of expression could be used to shield false accusations, creating a complex legal scenario where defamation might be more easily excused under the guise of free speech. This verdict aligns with the EU Directive aimed at protecting individuals from SLAPP, emphasizing rapid judicial assessment of claims’ validity to prevent misuse of the legal system to stifle public discourse. However, the directive also includes provisions like requiring plaintiffs to deposit a security to cover procedural costs, potentially discouraging frivolous lawsuits but also risking the limitation of access to justice. Overall, these developments reflect a tension between enhancing freedom of expression and ensuring that this freedom does not facilitate the spread of misinformation or unwarranted attacks on individuals’ reputations, presenting a significant challenge in balancing these competing interests in the evolving landscape of European and international law.

The law of January 26, 2024, titled “Law to Control Immigration, Improve Integration,” introduces various measures to address immigration, integration, and asylum issues in France.   1. Foreign Workers: Workers in high-demand jobs (construction, home care, hospitality) without proper documentation can exceptionally receive a “temporary worker” or “employee” residence permit. These individuals are no longer required to go through their employer for this permit but must demonstrate at least 12 months of work in the past 24 months, 3 years of residence in France, and integration into French society. Prefects have discretionary power to grant these permits, with this measure being experimental until the end of 2026. A new four-year “talent – medical and pharmacy profession” residence permit is introduced for doctors, dentists, midwives, and pharmacists who graduated outside the European Union. “Talent” residence permits for skilled workers and project leaders are simplified. Access to self-employed status for “platform workers” is conditioned on having a work permit for this status. Sanctions against companies employing undocumented workers are strengthened.   2. Integration and Residence Permits: Employers’ obligations to provide French language training to their foreign employees are strengthened. Foreign victims of “slum landlords” who have filed a complaint will receive a residence permit for the duration of the legal process. New grounds are created for refusing to issue, renew, or withdraw temporary residence permits, including document fraud and offenses against public officials.   3. Enhanced Removal Procedures: The law aims to facilitate the removal of foreigners posing a serious threat to public order. Expulsion is possible for foreigners (even those with long-term residence or family ties in France) convicted of crimes or misdemeanors punishable by at least 3 or 5 years in prison, depending on the foreigner’s status, or involved in violence against elected officials or public agents. Protections against a mandatory departure order for some undocumented foreigners are removed. Foreign minors continue to be protected against mandatory departure orders. The law allows for residence assignments for up to 3 years (previously 1 year) for foreigners unable to leave France due to situations like war in their home country. Measures to facilitate the execution of removals include conditioning visa issuance on the proper delivery of consular passes by foreign states.   4. Asylum and Foreigners’ Litigation: The law plans the gradual deployment of territorial hubs called “France asylum,” replacing the current single reception points for asylum seekers. These hubs will centralize asylum seeker registration, rights initiation, and application processing. The National Court of Asylum Right’s organization is reformed, with the creation of territorial chambers and the generalization of the single judge. Asylum seekers posing a flight risk or a threat to public order can be assigned to residence or placed in detention under certain conditions. The litigation involving foreigners (accounting for 40% of administrative court activity) is simplified, reducing the number of standard contentious procedures from 12 to 3.   5. Measures Censored by the Constitutional Council: The Constitutional Council censored 32 articles for formal reasons (as “legislative riders” with insufficient connection to the initial text) and 3 articles on substantive grounds, including issues like immigration quotas, conditions for accessing certain benefits by foreigners, and the tightening of family reunification rules.

Belgian companies are increasingly looking abroad to address talent shortages, where there is a vast pool of motivated candidates. International recruitment specialist encourage business leaders and HR managers to consider international talents, which provides access to a broader range of candidates. They emphasize the benefits of a diverse workforce, noting that it fosters creativity and offers different perspectives. In 2022, foreign workers made up 15.8% of the workforce in Belgium, an increase of 25% over five years. This rise is attributed to measures taken by authorities to simplify the process of obtaining work and residence permits. The introduction of hybrid working conditions in recent years has expanded the recruitment scope in Belgium, as the location of residence is no longer a barrier. Belgium offers attractive working conditions for many international professionals. The country’s extensive range of additional benefits, including company cars, is particularly appealing to candidates from countries like the Netherlands and France. While base salaries might be comparable in countries like the Netherlands, candidates there might not have access to the same range of benefits as in Belgium. In 2022, the Office for Foreigners granted 8,098 “long stay” visas, primarily for professional reasons. The number of work permits, which allow companies facing staff shortages to request foreign labor, increased by 75% to 721. Language skills are essential for certain roles. While employers often lament the lack of language skills, not requiring French or Dutch proficiency can be an option for some positions. Most international candidates are fluent in their native language and English, which is beneficial for Belgian branches of international companies. For higher-level profiles, a recruitment firm expands its search beyond borders to find candidates with specific sectoral, functional, or project management knowledge. Eemployers who can plan ahead might consider reserving talents who are still studying in Belgium. Foreign students completing their master’s in Belgium can obtain a one-year residence and work permit upon graduation.