“Third-country national” means any person who is not a citizen of the European Union or who does not eligible for the Community right of free movement.
A citizen of the European Union is any person having the nationality of a Member State of the European Union who exercises their right to free movement.
What are the conditions of entry into Luxembourg for third-country nationals?
To enter and leave the territory of the Grand Duchy of Luxembourg, third-country nationals must be in possession of a valid travel document and, where applicable, the required visa, as provided for by international conventions and Community regulations.
Third-country nationals may acquire the right to enter Luxembourg for a period of less than three months out of a six-month period if they meet the following conditions:
be in possession of a valid passport and a valid visa if required;
not be designated for the purpose of refusing entry on the basis of Article 96 of the Convention implementing the Schengen Agreement of 14 June 1985 with an alert entered in the Schengen Information System (SIS) for that purpose;
not be the subject of a decision prohibiting entry into the territory;
not be considered a threat to public policy, internal security, public health or the international relations of the Grand Duchy of Luxembourg or of one of the States parties to an international convention on the crossing of external borders, binding on the Grand Duchy of Luxembourg;
justify the purpose and conditions of the intended stay, and provide evidence of sufficient personal resources, both for the duration of the intended stay and for the return to the country of origin or transit to a third country into which they are certain to be admitted, or provide evidence of the possibility of acquiring such resources legally and of having health insurance covering all risks in the territory;
If third-country nationals declare that they want to stay in the country for a period of up to three months for a family or private visit, proof of sufficient personal resources can be provided by the production of a certificate of support or letters of guarantee issued by a banking institution.
What is the obligation for third-country nationals when entering Luxembourg territory?
Third-country nationals must register their arrival with the municipal authorities of the place where they intend to stay within three working days of their entry into the country.
In the case of accommodation in a hotel or other tourist accommodation, the form filled in by the landlord is proof of arrival.
Is a third-country national entitled to work during a stay of less than three months?
No, in principle, third-country nationals are not entitled to exercise an employed or self-employed activity during their stay in Luxembourg.
However, a third-country national who has been authorised to work as an employee or self-employed person by the minister responsible for immigration is authorised to do so under the conditions relating to stays of more than three months.
The following occupations may also be employed or self-employed, if their duration is less than three months per calendar year:
personnel of fairground attractions, circuses and other travelling establishments;
intermittent workers in the entertainment industry;
sportsmen and women;
lecturers, university lecturers and visiting researchers, with the exception of researchers who fall within the scope of Article 67 of the Act of 29 August 2008 on the free movement of persons and immigration;
persons travelling on business, i.e. to visit business partners, to seek and develop business contacts, to negotiate and conclude contracts, to participate in trade fairs and exhibitions or to attend board meetings and general meetings of companies;
persons who intend to stay in the territory to provide services within the same group of undertakings, excluding any services provided under a subcontracting arrangement;
Persons who intend to stay in the territory within the framework of article 44bis of the law of 29 August 2008 on the free movement of persons and immigration, provided that the major incident has been duly noted;
What are the conditions of entry into Luxembourg for third-country nationals staying for more than three months?
Third-country nationals wishing to stay in Luxembourg for a period of more than three months must obtain a residence permit. The application must be submitted to the Minister responsible for immigration and approved before the entry of the third-country national into Luxembourg territory. Please note that an application submitted after entry into the territory is inadmissible. The ministerial authorisation must be used within ninety days of its issue.
To this end, the third-country national may apply for a temporary residence permit as a:
In addition, third-country nationals have the right to stay in the territory for a period longer than three months if:
they have a long-term residence permit;
they exercise their mobility in accordance with Articles 58, 67, 67-1 or 67-2 of the Act dated 29 August 2008 on the free movement of persons and immigration;
they have a long-stay visa, valid for no longer than one year.
What is the obligation for third-country nationals when entering Luxembourg territory?
Third-country nationals, in possession of their residence permit, must register their arrival with the municipal administration of the place where they intend to take up residence within three working days of entering the territory. A copy of the registration declaration will be issued to the person concerned by way of a receipt. The possession of the receipt and the residence permit justifies the legality of the stay until the residence permit is issued.
Third-country nationals who are mobile must present themselves to the Minister in order to obtain a certificate. The document attests to their right to reside in the Grand Duchy of Luxembourg for the duration of the mobility and allows them to register with the local administration of their place of residence for a stay of more than three months.
In addition, the long-stay visa allows third-country nationals to register with the local authorities in their place of residence for a stay of more than three months.
Third-country nationals must undergo a medical examination before applying for a residence permit. This examination will be carried out by a doctor established in the country and authorised to practise as a general practitioner, a specialist in internal medicine or a specialist in paediatrics. A person who refuses to undergo the medical examination shall be refused a residence permit. However, this is not systematic for third-country nationals who are long-term residents of another Member State or for members of their families.
Before the expiry of a period of three months, third-country nationals shall apply for the issue of their residence permit by presenting to the Minister a copy of their residence permit, the receipt for the declaration of arrival issued by the municipal authority, the medical certificate and, where appropriate, proof of suitable accommodation, if this is required.
What are the steps to be taken in order to work in a salaried position during a stay of more than three months?
Steps to be taken by employers
Employers must declare the vacancy to the National Employment Agency (ADEM) so that it can analyse the labour market, i.e. check whether the vacancy can be filled by a person available on the national or European labour market.
If ADEM is not able to present within three weeks candidates who meet the required profile for the position, an employer may ask ADEM for a certificate stating that he has the right to recruit the person of his choice for this position.
An employer signs an employment contract with the person they intend to employ and gives the original ADEM certificate to the third-country national who will attach it to the application for a work permit.
Steps to be taken by the third-country national
The applicant must apply to the Ministry of Foreign and European Affairs for a work permit.
The residence permit and the work permit, where required, are granted by the Minister to the third-country national to work as an employee, after checking that the following conditions are met:
there is no prejudice to the hiring priority enjoyed by certain workers under Article L. 622-4, paragraph (4) of the Labor Code;
performing the job in question is in the economic interests of the country;
the worker has the professional qualifications required for the exercise of this activity;
the person has an employment contract concluded for a job declared vacant with the National Employment Agency in the form and under the conditions laid down by the relevant legislation in force.
Third-country nationals who are authorized to reside in the country and who can prove that they have suitable accommodation are issued a residence permit for “employed persons”, which is a single permit allowing third-country nationals to reside legally in the country for work purposes, valid for a maximum period of one year.
The work permit issued is valid for a maximum of one year. It is incorporated into the residence permit.
During the first year of legal employment in the territory, the holder of a “salaried worker” residence permit or a work permit has access to the labour market limited to a single sector and a single profession with any employer.
A change of sector or profession during the first year is permitted upon request, after verification of the above conditions.
The residence permit or work permit is renewable, on request, for a maximum of three years, as long as the conditions laid down are met (see paragraph 2). If the person with the authorisation cannot prove that he has actually worked during the period of his residence permit or work permit or if the renewal takes place during a period of unemployment benefits, the residence permit or work permit is renewed for a maximum of one year.
What about a third-country national who is posted to Luxembourg?
Transnational provision of services
A residence permit may be issued to an employee who is a third-country national and is temporarily posted to the Grand Duchy of Luxembourg under transnational provision of services circumstances.
The sending company sends the Minister an application for a posting permit specifying the workers to be posted, the nature and duration of the work to be carried out and the exceptional circumstances that result in the national labour market being unable to fill the position.
Authorisation for secondment shall be granted by the Minister for the actual duration of the services. It may be extended in exceptional circumstances if the services could not be completed within the period initially planned. The Minister may submit the application for the granting or extension of a posting permit to the Advisory Committee for Employees.
In order to be approved for a posting, the employee must be bound by an employment contract of indefinite duration to the company of origin carrying out the posting, provided that the start of this contract is at least six months prior to the start of the posting on Luxembourg territory for which the authorisation is requested.
The authorized third-country national is issued a residence permit for “posted worker” for a period of validity not exceeding the duration of the authorized posting.
Employment on the basis of a secondment permit does not confer the right to obtain a residence permit for “employed persons”.
Services provided within the EU, a State party to the Agreement on the European Economic Area or the Swiss Confederation
In the area of services, a company established in a Member State of the European Union may freely post its employees, whatever their nationality, to Luxembourg territory, provided that the posted workers have the right to work and reside in the country in which the sending company is established for the duration of the posting.
For a services contract exceeding three months, employees are automatically issued a residence permit bearing the words “employee of a Community services company “, together with the name and business name of the services company and the client for these services in the Grand Duchy of Luxembourg.
What about a third-country national who is legally resident in another Member State and wants to work in Luxembourg?
Any third-country national who holds a residence permit and resides in another Member State of the European Union and who wishes to work in Luxembourg must obtain authorisation to do so. The granting of the work permit and its renewal are subject to the conditions relating to the exercise of an employed activity.
The work permit may be withdrawn from third-country nationals:
who have lost his right of residence in the country where they are staying;
who work in an occupation other than that for which they have been authorised;
who have made use of false or misleading information or who have knowingly produced falsified or inaccurate documents or who have resorted to fraud or other illegal means.
Highly skilled employment is the employment of workers who are engaged in employment for which they possess the appropriate and specific required skills, evidenced by high professional qualifications which are either certified by a higher education diploma or supported by at least five years’ professional experience of a level comparable to a higher education diploma and which are relevant to the occupation or sector indicated in the employment contract.
What are the conditions for being granted a residence permit for highly skilled employment?
A residence permit for the purpose of highly skilled employment shall be granted by the Minister to third-country nationals who meet the conditions laid down in Section 34 (1) and (2) of the Free Movement and Immigration Act and who:
have a valid contract of employment for a highly skilled job of one year or more;
present a document certifying that they have the high professional qualifications relevant to the activity or sector mentioned in the employment contract or that they meet the conditions required for the exercise of the regulated profession indicated in the employment contract;
receive remuneration amounting to at least €78,336.
Third-country nationals with residence authorisations and who can prove that they have suitable accommodation are issued with a residence permit known as the “EU Blue Card”, which specifies the conditions for access to the labour market.
This permit is valid for four years, or for the duration of the employment contract plus three months if the duration of the employment contract is less than four years. It is renewable on request for a period of four years, otherwise for the duration of the employment contract plus three months if the duration of the employment contract is less than four years, as long as the conditions for obtaining it are met.
During the first two years of legal employment in the territory, the EU Blue Card holder shall have access to the labour market limited to the exercise of the remunerated activities to which they have been admitted, with any employer. Any change affecting the conditions of admission shall be subject to prior authorisation.
After the first two years, the EU Blue Card holder shall enjoy equal treatment with nationals as regards access to highly skilled posts, except for posts involving direct or indirect participation in the exercise of public authority and posts whose purpose is to safeguard the general interests of the State or other legal persons governed by public law, for which the condition of Luxembourg nationality shall be required in accordance with the relevant legislation.
What about periods of unemployment while the EU Blue Card is valid?
Not having employment shall not in itself constitute a reason for withdrawing the EU Blue Card, unless it lasts for more than three consecutive months, or occurs more than once during the period of validity of the EU Blue Card. During the period of unemployment, the EU Blue Card holder shall be entitled to seek and take up employment under the conditions set out in Article 45-1 (3) and (4) of the Law on Freedom of Movement and Immigration. The EU Blue Card holder shall be allowed to remain in the territory until permission has been granted or denied.
Holders of the EU Blue Card shall inform the Minister of the beginning of any period of unemployment. Failing to report unemployment shall not be considered as sufficient grounds for withdrawing or refusing to renew the EU Blue Card, if holders can prove that no report was made to the Minister for a reason beyond their control.
Can EU Blue Card holders travel to another EU Member State for highly skilled employment opportunities?
After 18 months of legal residence in the Member State which first granted the Blue Card to a third-country national (“first Member State”), EU Blue Card holders and their family members may move to another Member State (“second Member State”) to take up highly skilled positions.
As soon as possible, but no later than one month after entering the territory, holders of an EU Blue Card issued in another Member State shall apply to the Minister for an EU Blue Card and present all documents proving that the conditions referred to in Article 45 are met. The application may be submitted while the EU Blue Card holder is still staying in the territory of the first Member State. The Minister shall examine the application and inform the applicant and the first Member State in writing of his decision to either issue or deny the applicant an EU Blue Card.
A receipt certifying the submission of the application shall be issued to the applicant upon receipt of the file. If the EU Blue Card issued by the first Member State expires during the procedure, the receipt shall authorise the applicant to continue to reside legally in the territory until the Minister has taken a decision on the application.
The applicant is not allowed to work until the Minister has issued a residence permit.
If he holders of an EU Blue Card issued by the Minister are denied an EU Blue Card in another Member State, they and their family members shall be readmitted immediately without formalities, even if the EU Blue Card issued by the Minister has expired or has been withdrawn during the examination of the application. The provisions of article 45-3 of the Act dated 29 August 2008 on the free movement of persons and immigration relating to temporary unemployment are applicable after readmission.
A “seasonal worker” is a third-country national whose main place of residence is in a third country and stays legally and temporarily on the territory of the Grand Duchy of Luxembourg to work on a seasonal basis, via one or more fixed-term employment contracts, concluded directly between this third-country national and an employer established on the territory of the Grand Duchy of Luxembourg
What are the conditions for obtaining a work permit for a "seasonal worker"?
The work permit and the short-stay visa that may be required for the purpose of working, is granted by the Minister to applicants who meet the conditions set out in Article 34 of the Act of 29 August 2008 on the free movement of persons and immigration and who:
have a valid employment contract to work as a seasonal worker for an employer established in the territory of the Grand Duchy of Luxembourg;
provide evidence that they will have suitable accommodation or that suitable accommodation will be provided;
produce evidence that third-country nationals have applied for or taken out health insurance.
Employers shall provide the Minister with all the information necessary for issuing, extending or renewing residence permits for seasonal work as well as any change of address of seasonal workers.
What rights does the "seasonal worker" have under the work permit?
The work permit as a seasonal worker or the “seasonal worker” residence permit confers on its holder:
the right to recognition of diplomas in accordance with the Act dated 28 October 2016 on the recognition of professional qualifications;
the right to education and vocational training directly linked to the specific professional activity in accordance with the amended law dated 19 December 2008 on the reform of vocational training, excluding scholarships and study loans and other allowances.
Employed activity carried out by third-country nationals as seasonal work does not confer the right to obtain a residence permit for exercising an employed activity.
Seasonal workers whose work permit or short-stay visa or residence permit expires while an application for renewal has been submitted, are authorised to reside and work in the territory of the Grand Duchy of Luxembourg until the Minister decides on their application for renewal, provided that they do not remain in the country for more than five months in a 12-month period.
Residence and work permit for self-employed persons and investors
What conditions must be met by third-country nationals who wish to be self-employed?
A residence permit is granted by the Minister to a third-country national for the purpose of self-employment, if the following conditions are met:
they can prove that they are qualified to carry out the activity in question, including, where applicable, entry in the respective professional rolls and registers, and that they meet any applicable conditions laid down in the “Law dated 2 September 2011 regulating access to the professions of craftsman, trader, industrialist and certain professions”;
they provide proof that they have adequate resources for the activity they intend to pursue in the Grand Duchy of Luxembourg;
the pursuit of the activity in question serves the interests of the country, which are assessed in terms of economic usefulness, i.e. meeting an economic need, integration into the national or local economic context, the viability and durability of the business project, job creation, investment, particularly in research and development, innovative activity or specialisation, or in terms of social or cultural interest.
What are the conditions for obtaining a residence permit for a third-country national as an athlete?
The Minister shall grant a residence permit to third-country nationals to work exclusively as a sportsman or trainer if the following conditions are met:
they have concluded a contract with an approved federation or an affiliated club referred to in the amended law dated 3 August 2005 on sports;
the remuneration provided for therein is not less than the minimum social wage fixed for full-time work;
they are covered by health insurance.
Third-country nationals who are authorised to stay and who can prove that they have suitable accommodation are issued a residence permit for “athletes”, valid for a maximum of one year.
This permit is renewable for the same period of validity on request, as long as the conditions for obtaining it are met.
Residence permit for students, pupils, trainees, volunteers or au pairs
What are the conditions for obtaining a residence permit for a student?
The Minister shall grant a residence permit for study purposes to third-country nationals who meet the following conditions:
they have been admitted to an institution of higher education to follow a full-time course of study as their primary activity that leads to obtaining a higher education qualification issued by that institution;
they submit a parental authorization if they have not reached the age of 18;
they provide evidence that they have sufficient resources for the intended period of study to cover their living expenses without recourse to the social assistance system, as well as their return travel costs;
they are covered by health insurance.
The third-country national authorized to stay is then issued a residence permit for “students”.
In this context, which institutions are considered as higher education institutions?
These are:
University of Luxembourg;
educational establishments providing courses of study leading to the Higher Technician’s Certificate under the amended Act dated 4 September 1990 on the reform of technical secondary education and continuing vocational training;
higher education institutions “accredited under the law dated 19 June 2009 on the organisation of higher education”.
How long is the student residence permit valid for?
Third-country nationals authorised to stay are issued with a student residence permit, valid for a minimum of one year. This permit is renewable, on request, for the same period of validity as long as the conditions for obtaining it are met.
The duration of the residence permit issued to students under a European Union programme or a multilateral programme involving mobility measures, or under an agreement between two or more higher education establishments, shall be at least two years or equal to the duration of the studies, whichever is shorter, as long as the conditions for obtaining a student residence permit are met for the entire duration. The student residence permit shall mention the programme or agreement.
If the duration of the course of study is less than one year, the residence permit covers the period of study.
Is a holder of a student residence permit allowed to work as an employee?
Persons with a residence permit for students are authorised to carry out a salaried activity limited to a maximum duration of an average of fifteen hours per week over a period of one month, outside of the time devoted to studies.
The limitation of the maximum duration of fifteen hours per week does not apply to salaried activities performed during school holidays.
Nor does it apply to research work carried out by the student with a view to obtaining a doctorate within the higher education establishment or within a research body approved in accordance with article 65. Employment contracts between assistants and the University of Luxembourg under the law dated 12 August 2003 establishing the University of Luxembourg are also exempt from this limitation.
Please note that the residence permit for students may be withdrawn or not renewed if the holder:
does not comply with the limits imposed on access to economic activities;
is making insufficient progress in his or her studies and is therefore formally excluded from the educational institution in which they are enrolled for a course of study leading to a higher education diploma.
Subsequently, under certain conditions, a residence permit for an employed or self-employed person may be issued by the Minister to third-country nationals authorised to stay by virtue of their student status.
What about the mobility of holders of a student residence permit?
Third-country nationals with a valid residence permit issued by a first Member State as a student and who are covered by a Union or multilateral programme involving mobility measures or by an agreement between two or more higher education establishments may enter and stay in the territory of the Grand Duchy of Luxembourg and carry out part of their studies there at a higher education establishment for a maximum period of 360 days.
The higher education establishment in the Grand Duchy of Luxembourg or third-country nationals shall notify the competent authorities of the first Member State and the Minister of the third-country national’s intention to carry out part of their studies at a higher education establishment in the Grand Duchy of Luxembourg, as soon as the mobility project is determined.
The notification to the Minister shall include the following information and documents:
valid travel documents;
the valid residence permit issued by the first Member State and covering the entire period of mobility;
proof that a third-country national is studying in the Grand Duchy of Luxembourg for part of his or her studies under an EU programme or a multilateral programme involving mobility measures, or under an agreement between two or more higher education establishments;
a document giving information on the planned duration and dates of the mobility, where this information is not contained in the above-mentioned document;
proof that the third-country national has been accepted by a higher education institution in the Grand Duchy of Luxembourg;
proof that third-country nationals have sufficient resources during their studies to cover living expenses without recourse to the social assistance system, as well as their return travel costs;
proof that third-country nationals have health insurance.
The Minister may oppose the mobility of a third-country national to Luxembourg territory within thirty days of receiving the notification.
The Minister shall inform without delay and in writing the competent authorities of the first Member State and the notifier of his opposition to the mobility. Students shall then be prohibited from carrying out part of their studies at the higher education institution in the Grand Duchy of Luxembourg.
After the expiry of the deadline for submitting objections, the mobility may begin. The Minister issues students with a document certifying that they are authorised to stay in Luxembourg for the duration of their mobility period.
Where the residence permit for study purposes is issued by the competent authorities of a Member State which does not fully apply the Schengen acquis and a student crosses an external border, the Minister shall require that, as proof of mobility, the following documents be presented
a valid residence permit issued by the first Member State;
a copy of the notification that was issued.
Where the Minister withdraws a student residence permit, he shall immediately inform the competent authorities of the second Member State, where appropriate.
What are the conditions for obtaining a residence permit for trainees?
The Minister shall grant a residence permit to a third-country national who applies for a training course, if the following conditions are met:
the person presents an internship agreement that provides for theoretical and practical training, concluded with a host entity, i.e. the host institution or company, which contains:
a description of the internship program, including its educational objective or components;
the duration of the internship;
how the trainee will be placed and supervised;
internship hours;
the person submits proof of having obtained a training certificate entered in the register of training certificates, higher education section, referred to in Article 68 of the Law of 28 October 2016 on the recognition of professional qualifications in the two years preceding the date of the request, which corresponds to a level 5 to 8 of the Luxembourg qualifications framework referred to in article 69 of the aforementioned law or that the person is following a course of studies leading to the obtaining a diploma from such a training certificate;
the person submits proof that during the planned stay he/she will have sufficient resources to cover his/her living expenses without recourse to the social assistance system, as well as his/her return expenses, as specified by Grand Ducal regulation;
the person submits is covered by health insurance.
The host entity will provide a certificate stating that it will cover the costs of the trainee’s stay and return. If the trainee continues to stay illegally on the territory, the host entity will assume responsibility for reimbursing the costs of the trainee’s stay and return. The financial responsibility of the host entity ends two months after the end of the trainee agreement.
A third-country national who is authorised to stay is issued a residence permit for trainees valid for the duration of the traineeship agreement, if this is less than six months, or is equal to six months at the most. If the study programme requires an internship agreement of more than six months, the period of validity of the residence permit shall correspond to this period.
Can a residence permit be issued for third-country nationals who want to participate in a volunteer programme?
The Minister shall grant a residence permit to third-country nationals who apply for a voluntary service program, if the following conditions are met:
the person meets the conditions established by the Youth Voluntary Service Act dated 31 October 2007;
such persons provide proof that the organisation in charge of the voluntary service program in which they are participating will vouch for them throughout the entire duration of their stay, in particular for their accommodation and return travel costs.
Authorised third-country nationals are then issued a residence permit for a volunteer, valid for a maximum of one year, or exceptionally for the duration of the volunteer program if it is longer than one year.
Can a residence permit be issued to a third-country national for the purpose of receiving an au pair?
Residence permits are granted by the Minister to a third-country national with a view to receiving an au pair if that person meets the conditions for entry into the territory of the Grand Duchy of Luxembourg and if he/she presents a written approval from the Minister responsible for Youth as provided for by Article 3 of the law dated 18 February 2013 on young au pairs.
The third-country national authorised to stay is issued a residence permit for young au pairs valid for a maximum of one year that is non-renewable.
Attention, the residence permit for a young au pair may be withdrawn if the conditions for granting it are no longer met. The Minister responsible for Youth shall inform the Minister as soon as possible of the withdrawal of the approval of the young au pair.
What are the conditions for obtaining a residence permit for researchers?
Residence permits for carrying out a research activity is granted by the Minister to third-country nationals holding evidence of formal qualifications recognised in the higher education section of the register of certificates, referred to in Article 68 of the Law dated 28 October 2016 on the recognition of professional qualifications and corresponding to level 7 or 8 of the Luxembourg framework of qualifications referred to in Article 69 of the aforementioned law, provided the person meets the conditions for entry into the territory of the Grand Duchy of Luxembourg and can submit a hosting agreement signed with a previously approved research organisation, as well as a certificate of sponsorship.
Employment contracts are considered equivalent to hosting agreements as long as they contain the necessary elements referred to in Article 66 of the Act dated 29 August 2008 on the free movement of persons and immigration.
What should be included in a hosting agreement or employment contract for a third-party researcher?
Hosting agreements include:
the title or purpose of the research activity or area of research;
a commitment by the third-country national to undertake to carry out the research activity;
a commitment by the research organisation to host the third-country national for the purpose of carrying out the research activity;
the start and end dates or expected duration of the research activity;
information on the planned mobility in one or more second Member States if this mobility is known at the time the application is submitted;
information about the researcher’s working conditions.
The research organisation may only sign a hosting agreement if the research activity has been accepted by the competent authorities of the organisation, after examining the following elements:
the purpose of the research activity, its expected duration and the availability of the financial resources to carry it out;
the third-country national’s qualifications in relation to the subject of the research, as attested by a certified copy of that person’s diplomas;
researchers have sufficient resources during the planned stay to cover their living expenses without recourse to the social assistance system, as well as their return expenses, as specified by Grand Ducal regulation;
the researcher is covered by health insurance.
The hosting agreement is automatically terminated if the researcher is not authorised to stay or if the legal relationship between the researcher and the research organisation ends.
Is a third-country national who holds a residence permit issued by another Member State as a researcher allowed to reside in the Grand Duchy of Luxembourg?
A third-country national who holds a valid residence permit issued by the first Member State as a researcher shall be allowed to stay in the Grand Duchy of Luxembourg to carry out part of his or her research in any research organisation for a maximum period of 180 days in any 360-day period.
Family reunification is the entry and residence in the territory of the family members of third-country nationals who are lawfully staying there, in order to maintain the family unit, whether the family ties predate or post-date the entry of the sponsor.
The applicant is a third-country national who is residing legally in Luxembourg and who applies for family reunification, or whose family members apply to join him or her.
Family reunification may be applied for by a third-country national who holds a residence permit valid for at least one year and who has a well-founded prospect of obtaining a long-term right of residence.
They must prove that they have stable, regular and sufficient resources to support themselves and their dependent family members without recourse to the social assistance system.
They have suitable accommodation for their family member(s) and have health insurance coverage for themselves and their family members.
Persons who have been granted international protection may request the reunification of their family members. The requirements of a residence permit valid for at least one year and a well-founded prospect of obtaining a long-term right of residence, as well as proof of regular stable resources sufficient to support oneself and one’s family members, must be met only if the application for family reunification is submitted after a period of three months following the granting of international protection.
Family reunification may be authorised on condition that the family members do not represent a danger to public order, public safety or public health. Thus, entry and residence are authorised for the family members of the following third-country nationals:
the spouse of the applicant;
the partner with whom the third-country national has entered into a registered partnership which complies with the substantive and formal conditions laid down by the amended Law dated 9 July 2004 on the legal effects of certain partnerships;
unmarried children under the age of 18 of applicants and/or their spouse or partner, as defined in point (b) above, provided that they have custody and are dependent on them, and in the case of shared custody, provided that the other person with custody has given their consent.
When the family reunification of third-country nationals is approved, they are issued a residence permit for a family member valid for one year that is renewable by request, as long as the conditions for obtaining it are met. The period of validity of the residence permit does not exceed the expiry date of the sponsor’s residence permit.
Family reunification of a spouse is not authorised in the case of a polygamous marriage, where sponsors already have another spouse living with them in the Grand Duchy of Luxembourg.
The Minister shall authorise entry and residence for the purpose of family reunification to the first-degree relatives in the direct ascending line of an unaccompanied minor who has been granted international protection, without the conditions set out in point (a) above being applied.
Entry and stay may be approved by the Minister for:
first-degree relatives in the direct ascending line of the sponsor or his/her spouse or partner, where they are dependent on him/her and are deprived of the necessary family support in their country of origin;
unmarried adult children of the sponsor or of his/her spouse or partner, when they are objectively unable to support themselves due to their state of health;
the legal guardian or any other member of the family of the unaccompanied minor who has been granted international protection, if this person has no direct ascendants or if they cannot be traced.
In addition, the following are authorised to accompany third-country nationals immediately on entry or to join him/her afterwards:
the minor children of sponsors for whom they have sole custody;
the family members of an employed person covered by the EU Blue Card, the temporary intra-group transfer and the long-term resident’s EC residence permit and of the researcher, provided that the sponsor meets the conditions for applying for family reunification (see who can apply for family reunification).
Does a family member have the right to work during their stay?
Yes, the family member has the right to be employed or self-employed.
Residence permits issued to a person authorised to reside on the basis of family reunification shall confer on the holder, as soon as it is issued, access to education and vocational guidance, training, further training and retraining, as well as the right to engage in employed or self-employed activity.
It should be remembered that the period of validity of the residence permit granted to the family member does not exceed the expiry date of the sponsor’s residence permit.
What is meant by an “application for international protection"?
An application for international protection is an application for protection by a third country national or a stateless person, which can be understood as seeking refugee status or subsidiary protection status.
What is meant by the status of the applicant for international protection?
The status of applicant for international protection concerns any third country national or stateless person who has submitted an application for international protection for which a final decision has not yet been taken.
Does the applicant for international protection have the right to work in the Grand Duchy of Luxembourg?
Applicants shall not have access to the labour market for a period of six months after filing their application for international protection. Any application for a temporary work permit submitted during this period by an applicant cannot be accepted.
If no decision is taken on the application for international protection within six months of its submission, and if the applicant cannot be held responsible for the lack of a decision, the Minister for Asylum will issue a temporary work permit for a renewable period of six months, subject to the conditions set out in the following paragraph. This temporary work permit is valid for a specific employer and for a single occupation.
The granting or renewal of the temporary work permit may be refused on the basis of Article L. 622-4 of the Labour Code.
In support of the application for a temporary work permit, applicants must submit a copy of the document issued in their name by the minister responsible for Asylum to the National Employment Agency, attesting to their status as an applicant and their right to remain on the territory of the Grand Duchy of Luxembourg and to move freely there.
The temporary work permit does not give the right to a residence permit.
The temporary work permit loses its validity either when its term expires, or when the employment relationship is terminated by one of the parties to the employment contract, or when the Minister responsible for Asylum decides to refuse the application for international protection.
The temporary work permit may be renewed:
during appeal procedures, where an appeal against a negative decision on the refusal of the application for international protection has suspensive effect until notification of the decision by the administrative court which has become res judicata;
during an exceptional extension of the deadline to leave the territory within the meaning of Article 111 of the amended Act dated 29 August 2008 on the free movement of persons and immigration.
Note that the temporary work permit is withdrawn when the beneficiary works in a profession other than that authorized. It is withdrawn when the beneficiary has resorted to dishonest practices or inaccurate declarations to obtain it.
In addition, applicants have access to vocational training in accordance with the provisions of the amended Act dated 19 December 2008 on vocational training reform.
“Refugee” means a third country national or a stateless person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, (b) Any stateless person who, being outside the country of his former habitual residence for the aforementioned reasons, is unable or, owing to such fear, is unwilling to return to it and has not been excluded from such status.
What is meant by a person eligible for subsidiary protection?
A person eligible for subsidiary protection is any third country national or stateless person who does not qualify as a refugee, but where there are substantial grounds for believing that the person concerned, if returned to his or her country of origin or, in the case of a stateless person, to the country of former habitual residence, would face a real risk of suffering serious harm and that person is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country.
Do persons granted international protection have access to the labour market in Luxembourg?
Persons granted international protection shall be allowed to engage in employed or self-employed activities, subject to the rules generally applicable in the sector of activity concerned and in the public services, immediately after the protection has been granted.
Activities such as employment-related training opportunities for adults, vocational training, including skills training, practical workplace experience and counselling services provided by the employment agency shall be offered to persons granted international protection under conditions equivalent to those applicable to Luxembourg nationals.
Luxembourg legislation applies as regards remuneration, access to social security schemes related to employed or self-employed activities, and other conditions of employment.
In addition, persons granted international protection receive the same necessary social assistance as that provided for Luxembourg nationals.
It is an exceptional procedure ensuring, in the event of a mass influx or imminent mass influx of displaced persons from third countries who cannot return to their country of origin, immediate and temporary protection for these persons, in particular if there is a risk that the asylum system will not be able to deal with this influx without causing impacts which run counter to its proper functioning, in the interests of the persons concerned and of other persons seeking protection
Do beneficiaries of temporary protection have access to the labour market in Luxembourg?
The Minister responsible for Asylum issues a temporary work permit to persons granted temporary protection for a renewable period of 6 months.
The granting or renewal of the temporary work permit may be refused on the basis of Article L. 622-4 of the Labour Code. The temporary occupation permit is valid for a specific employer and for a single occupation. In support of the application for a temporary work permit, the applicant must submit to the National Employment Agency a copy of the certificate referred to in Article 72 of the Act of 18 December 2015 on international protection and temporary protection.
The temporary work permit does not give the right to a residence permit.
The temporary work permit shall cease to be valid either on expiry of its term, or when the employment relationship is terminated by one of the parties to the employment contract, or when the temporary protection ends.
Note that the temporary work permit is withdrawn if the beneficiary works in a profession other than the one authorized. It is withdrawn when its beneficiary has resorted to dishonest practices or inaccurate declarations to obtain it.
The employment contract shall automatically terminate when the temporary work permit loses its validity or is withdrawn.
Beneficiaries of temporary protection have access to vocational training and material reception conditions as defined in Article 2(g) of the Act dated 18 December 2015 on international protection and temporary protection.