Many businesses in Belgium are struggling to fill vacancies, with staff shortages particularly acute in some sectors and posing a considerable barrier to economic growth. At the same time, many undocumented migrants could fill these positions, if the legal framework were adapted.
A legal association is therefore calling for a ruling to allow undocumented migrants to fill in-demand positions to boost the Belgian economy.
The Bar of French- and German-speaking lawyers in Belgium (avocat.be) has addressed an open letter to the Walloon and Flemish governments, and negotiators for the Federal and Brussels governments. The organisation is calling for a "migratory ruling" that would allow undocumented migrants to fill vacancies in areas of high demand.
The letter states that "rational economic management" requires making use of all available human resources to fill roles in sectors that are struggling due to a lack of staff. Notably, companies in the construction sector are forced to turn down projects because they don't have enough workers, leading to long backlogs and holding back economic growth. Some cafés and restaurants have reduced opening hours for the same reason.
Belgium's healthcare sector risks failing to provide effective treatment because of a stretched workforce.
"Successive governments have committed to training unemployed people, but this has its limits," says president of the Bar Stéphane Gothot. "It is far from providing all the jobs in demand."
Putting resources to good use
Many of the undocumented migrants in Belgium have qualifications and skills that are in demand, says Gothot. "In a world where competition is fierce and Europe is 'not in the lead', all resources should be put to good use."
Avocat.be says it is regularly approached by employers who have found a prospective employee with the skills profile they need but without the legal paperwork allowing them to work. In such cases, individuals are required to return to their country of origin and request permission from the Belgian embassy to accept the role.
It's a long-winded system that lacks practical consistency and brings uncertainty about whether the applicant will be allowed to return to Belgium or will secure the job upon return.
The Brussels employment office Actiris. Credit: Belga / Jonas Hamers
Avocat.be therefore proposes a "decision in advance". This would allow an employer who wants to hire a migrant without resident status to find out the taxation conditions from the Finance Ministry, if the migrant in question was hired.
Once the conditions are laid out, the migrant would still have to apply for permission in their country of origin but would have more security in doing so, as all parties would be obliged to see the agreement through.
"Such a migratory ruling would meet labour needs, reduce illegal immigration and enable the collection of taxes and social contributions generated by these new legal jobs," says Gothot.
Business support
The pressure to grow Belgium's workforce means that business organisations are in favour of the proposal.
"Economic immigration remains largely under-exploited in Wallonia as a solution to labour shortages," stated the Walloon Business Union (UWE).
"Belgium must be profiled as an attractive host country by speeding up the recognition of qualifications and diplomas," said the Belgian Business Union (FEB).
But State Secretary for Asylum and Migration Nicole de Moor (CD&V) has expressed her opposition to the proposal, on the grounds that it would incentivise more undocumented migrants to enter the country rather than taking safe and legal routes.
