Who is excluded from the EU Blue Card scheme?

According to Article 61/26, paragraph 2 of the Act of 15 December 1980, the following categories cannot benefit from the EU Blue Card, even if they are highly qualified:

Posted workers

Persons covered by Directive 96/71/EC (posting of workers in the framework of the provision of services).

As long as they are posted, they cannot benefit from the EU Blue Card.

Long-term residents

Persons holding long-term resident status (Directive 2003/109/EC) who have already exercised their right of residence to pursue an economic activity in Belgium.

These profiles fall outside the scope of the scheme.

Seasonal workers

Persons admitted or authorised to stay in the context of seasonal work. Automatic exclusion, even if they meet the salary or academic requirements.

Researchers

Persons who have come under a research project through a hosting agreement (Directive 2005/71/EC). Even if highly qualified, their residence permit is specific and not eligible for the EU Blue Card.

Beneficiaries of temporary protection

This includes:

• Persons already benefiting from temporary protection
• Those who have applied for it and are awaiting a decision

Asylum seekers

Asylum seekers whose procedure is pending cannot access the EU Blue Card.

Persons whose removal has been suspended

Persons who, for reasons of fact or law, cannot be removed from Belgian territory but who do not have a stable residence status. Also excluded from the scheme.