Requirement for Foreign Employees to Work
- EEA Nationals
All EU citizens enjoy freedom of movement within the EU and the European Economic Area (European Union and Iceland, Norway and Lichtenstein – EEA), as well as Switzerland. This freedom of movement gives them the right to work and reside in any EU Member State for less than 3 months. Nationals of an EU Member State or a country treated as such must, when planning their journey, only have to hold a valid national identity card or passport.
EU citizens are entitled to reside in Luxembourg for more than 3 months if they meet one of the following conditions: i) they work as an employee or are self-employed; ii) they have the resources required to ensure that they or their family members are not dependent on the social welfare system and also have medical insurance; iii) they are registered with an approved public or private education institution in Luxembourg, and are attending a full-time educational course or, in this context, a professional training course. In this case, they must be able to demonstrate that they have the resources required to ensure that they or their family members are not dependent on the social welfare system and also have medical insurance. Within 8 days of their arrival in Luxembourg, EU citizens must make a declaration of arrival at the administration of the municipality where they intend to establish residence. EU citizens must also complete a registration form in the same municipality within three months of their arrival in Luxembourg. To register, employees must give a copy of their valid national identity card or passport and an employment contract compliant with Luxembourg labour law, dated and signed by both parties or a commitment to hire, dated and signed by the future employer. A secondary activity of less than 10 hours per week is not sufficient to receive an authorisation to stay for a salaried worker. After five years of residence, EEA nationals can ask for a permanent residence permit from the Immigration Directorate of the Ministry of Foreign and European Affairs.
In response to Brexit, the law of 8 April 2019 revising the amended law of 29 August 2008 on the free movement of persons and immigration, was put to a vote in Luxembourg. The re-worked law provides that British nationals and their family members, who fall within the scope of the Withdrawal Agreement have the same rights as EU citizens and their family members and they keep these rights, even after the end of the transition period provided for in the Withdrawal Agreement. The right of residence is subject to the same conditions as were available to British nationals while they were still citizens of the European Union. After a five-year stay, British nationals have a right to permanent residence in their country of residence (Luxembourg), which can only be withdrawn for serious reasons of public security. Upon due request, a new residence document will be emitted to that effect, to people who fall within the scope of the Withdrawal Agreement, or for British nationals and their family members who are already residents of Luxembourg at the time of the withdrawal, or who arrived during the transition period, and will be valid from the end of the transition period (31 December 2020).
- Non-EEA Nationals
A third-country national who wishes to work in Luxemburg must have a stay permit (serving as work permit). Applicants must send their application to the Immigration Directorate of the Ministry of Foreign and European Affairs. They must state their identity and the exact address in their country of residence and add several documents depending on the type of permit they are applying for. The types of stay permits for which a third-country national can apply are the following: i) work permit for an occupation of less than three months; ii) work permit for an ancillary occupation for people who have obtained a residence permit for private reasons; iii) work permit for an ancillary occupation for a third-country national family member of a third-country national; and iv) work permit for a highly qualified employee for an occupation of more than three months. After five years of residence, non-EEA nationals may apply for long-term resident status from the Immigration Directorate of the Ministry of Foreign and European Affairs.
