Proposition 54K2933

Projet de loi portant assentiment à l'accord de coopération entre l'État fédéral, la Région wallonne, la Région flamande, la Région de Bruxelles-Capitale et la Communauté germanophone portant sur la coordination des politiques d'octroi d'autorisations de travail et d'octroi du permis de séjour, ainsi que les normes relatives à l'emploi et au séjour des travailleurs étrangers.

General information ¶

Submitted by

MR Swedish coalition

Submission date

Feb. 8, 2018

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

foreign national cooperation agreement residence permit rights of aliens work permit

Voting ¶

Voted to adopt

CD&V Vooruit LE PS | SP ∉ Open Vld N-VA MR PVDA | PTB PP

Voted to reject

VB

Abstained from voting

Groen Ecolo

Contact form ¶

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Discussion ¶

March 15, 2018 | Plenary session (Chamber of representatives)

Full source

Mr. Speaker, the draft law, as you said, represents the consent to the cooperation agreement between the federal state, on the one hand, and the various state counties, on the other. It is intended to partially translate the procedure of the single permit, a concept we know mostly in English. The approval of the cooperation agreement was also given by the various counties.

We have a difficult country when it comes to the distribution of powers regarding foreign workers between the subsidiary entities and the federal state. In this Belgian context, it is not easy to transpose this Directive. Fortunately, since the Sixth State Reform, the Regions have largely been competent for the employment of foreign workers, while the federal state remains competent for certain aspects. Therefore, it was not obvious to reach agreement with these cooperation agreements.

Those who spoke on this draft law unanimously agreed on the unnamed importance of this combined application permit — the Dutch translation of single permit — for the permit to reside, on the one hand, and work, on the other. The procedure leads to the issuance of a single title proving that the required permits for residence and work have been granted.

Although it is not easy to develop a procedure that respects these divisions of powers, on the one hand, and leads to the objective of this cooperation agreement, namely the issuance of the single permit, on the other hand, an agreement has been drawn up with all competent federal states, which led to the cooperation agreement of 2 February 2018.

The agreement has a dual objective — we are very favorable to it.

First, the introduction of the combined application procedure, which leads to the issuance of a residence permit and a work permit, a work card or a professional card. The goal is to facilitate and promote active labour migration, which we advocate, rather than passive migration — our jargon to try to make a distinction.

Secondly — the Secretary of State is not only responsible for asylum and migration, but also for Administrative Simplification — the agreement provides for a system for cooperation and exchange of information between the various competent authorities involved in the inspections. They must verify whether a single permit can be issued and are ordered to take the measures to control the legislation concerning the activities and residence of foreign workers. The text therefore means an administrative simplification.

At this time, the work permit must still be applied to the regional services, which work very efficiently within the different regions. In addition, a migrant applying for a work or professional card must also apply for a residence card from the federal government. That creates a very cumbersome procedure that sometimes lasts for months, and that is not the intention. From the beginning, the Secretary of State has said that active migration should be facilitated and that those who want to work effectively legally should be encouraged. Therefore, one card will be handed over, which unites both documents. It will be faster and easier, both for the employee and the employer. Everything is regulated internally between the various public services. In Flanders alone, it is about 5,000 cards.

The proposed scheme thus allows to work much more efficiently around labour migration. That was one of the objectives in your policy note for 2018, which you explained then and which you are now effectively addressing. Your bill will therefore receive the support of the entire N-VA group.

Mr. Speaker, I notice that I have intertwined the vision of our group with the report. Let me go back to the report.

Mr Kir indicated during the discussion in the committee that his group would support the bill in question because it includes that simplification and that harmonisation of the procedure for the issuance of those two permits.

Mr Pivin of the MR also supported the bill and praised the possibility to clarify the procedures for the issuance of work and residence permits. In his view, the draft law realises a very important administrative simplification.

This was also said by Nahima Lanjri of CD&V who expressed his satisfaction that the single permit scheme has finally been developed. She emphasized the word “finally” because it was indeed high time.

I pointed out that it was not obvious to get all this arranged within our division of powers, but it was high time, given the threatening fines due to Europe.

Also Mrs. Sabien Lahaye-Battheu of Open Vld intervened in the committee in the discussion of this bill. For her, the transposition of the European Directive comes no day too early. She also pointed out the threatening fines that we will be able to avoid by approving this bill.

Ms. De Coninck of the sp.a pointed out that she has already been involved in the negotiations on the single permit as a former Minister of Labour. It is a plum on our hat that the negotiations that have lasted so long have finally been completed and that we can start with the introduction of the single permit.

Mr Hellings van Ecolo-Groen also considered the draft law very valuable because it aims to significantly simplify the procedure for work permit and residence permit.

The whole bill was approved by 12 votes in favour and 1 abstinence. This is not just for Mr. Francken’s bills. The approval was almost unanimous. N-VA will, of course, approve this draft later.

So we first received the discussion and then the report. of which act.

Are there any other members asking for the word?

It is indeed so, Ms. Smeyers, that colleague Hellings pointed out the simplification and the step forward that can be made, but we also find it a bit of a missed opportunity. Why Why ? Because the single permit actually simply takes over the current system. We would have wished that the current work cards B would be reformed into sectoral work cards, in which work is not so much on an individual basis with respect to one employer, but in which the labour market research looks at the extent to which migrant workers are needed for similar positions with other employers.

This is a position that has long been in our electoral program. The point of view to work more with sectoral labour cards rather than with current labour cards B is, of course, also not so unusual. The single permit could have gone in that direction and could have provided an answer. This is not the case now, hence our abstinence, including in the committee.

However, it is in any case a step forward. Therefore, we did not vote against it, but instead of one step, we could have taken two steps forward.

Mr. Speaker, Mr. De Vriendt, what you say is very correct in itself, but it is up to the states themselves to make a new decree on any other fulfillment and for example a work permit of not one, but three years, on the smoother transition of employment contract or on a more sectoral approach to the entire work migration story.

Yesterday I had an interview with colleague Muyters, at Flemish level. I understand that the ambition really is there to come up with a decree in the short term. Some of the things you just proposed will also be included, but they are no longer at the federal level. They will be discussed in the Flemish Parliament. Your colleagues will ⁇ be able to talk about it.

I would like to emphasize that this has already been approved in the Flemish Parliament, with a very large majority. Last night it was also approved in the Waals Parliament, with a very large majority. I am always satisfied and very happy that my policy has so much support and that it is so consensual. If I do business and as so many colleagues who massively support and also approve, then I agree that very satisfied and tremendously hopeful for the future. That signal can also be given today, in a few minutes, at the vote on this bill. I am very satisfied.