Luxembourg - Employed worker

Where and how to apply

Application

The application for a temporary authorisation to stay as a salaried worker has to be introduced at the Directorate of Immigration of the Ministry of Foreign and European Affairs

Requirements:

The application for a temporary authorisation to stay must contain the applicant's identity details (last name, first name and address) and must be accompanied by the following documents and information:

• a certified copy of their valid passport, in its entirety;
• a birth certificate;
• an extract from the criminal records or an affidavit (sworn statement) established in the country of residence;
• a curriculum vitae;
• a copy of the applicant's diplomas or professional qualifications;
• a copy of the employment contract (compliant with Luxembourg law), dated and signed by both the applicant and the future employer in Luxembourg;
• the original copy of the certificate from the National Employment Agency (ADEM) granting the employer the right to hire a third-country national;
• a covering letter to support the application;
• where necessary, a proxy.

The documents enclosed must be originals or certified true copies. Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).

If the documents are not drawn up in German, French or English, an official translation by a 'sworn translator' must be attached.

Work contract

Before recruiting a salaried worker, employers must make a declaration of vacant position to the ADEM. The declaration will allow the employment administration to check whether there is a suitable candidate available on the local or EU job market (Labour market test).

If the job offer cannot be filled with a person registered with the ADEM within a 3-week deadline, the employer is allowed to conclude an employment contract with a person of his/her choice, under certain conditions, including a third-country national.

To this end, the employer must submit an application on plain paper to the ADEM's director and request a certificate granting him/her the right to hire a third-country national.

The employer must sign a dated employment contract with the future employee. It may be stated in the contract that the start date is "subject to the employee obtaining an authorisation to stay for salaried workers/work permit".

Once you have a work contract and before you enter the country, you must apply to the Directorate of Immigration or to a Luxembourg diplomatic or consular representation or to a diplomatic or consular mission representing Luxembourg.

Processing time

The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 4 months. If no response is received within this time limit, the applicant can consider that their application has been denied.

In case of a favourable reply, the third-country national receives a "temporary authorisation to stay", sent by post. This temporary authorisation to stay is valid for a duration of 90 days. During that time, the third-country national must:

• either apply for an entry visa to the Schengen area, if they are subject to visa requirements; or
• if the applicant is not subject to visa requirements, enter Luxembourg territory and make a declaration to the administration of the commune where he resides.

After entering Luxembourg, the third-country national must take steps to obtain a residence permit.

Visa

Once granted, the salaried worker must, if necessary, obtain a visa at the embassy or consulate in the country of origin within 90 days. If a visa is not required, you must enter the territory of Luxembourg within 90 days of the granting of the residence permit.

Residence permit for a salaried worker

In order to obtain the salaried worker residence permit the third-country worker must:

• Register to the commune where you will live within three days of his/her arrival.
• Show proof of adequate accommodation and a medical certificate.
• Pay a fee of 80 EUR0 for the issuance of a salaried worker residence permit.

Duration of validity

The residence permit is valid from the date of the declaration of arrival at the commune. The residence permit is renewable on request as long as the application conditions are met and its holder can prove to have effectively worked for the duration of validity of the residence permit.

The first residence permit for salaried worker is valid:

• for a maximum of 1 year;
• for one profession only with all employers;
• in only one sector.

As an exception, a non-EU national who obtained the status of long-term resident in another Member State of the European Union, and who obtained an authorisation to stay as a salaried worker in Luxembourg, will receive a residence permit valid for a period of 5 years renewable on request.

Conditions for renewal

• In order to renew a residence permit, third country nationals must apply to the Directorate of Immigration within 2 months prior to the expiry date of the residence permit.
• The application for renewal must be filed using a special form and must be accompanied by the following documents:
• a certified copy of the pages with content of their valid passport;
• a copy of the valid work contract (compliant with Luxembourg labour law) duly dated and signed;
• a recent certificate of affiliation which must include all the salaried worker's affiliations to the social security;
• a recent extract of their Luxembourg criminal record;
• proof of payment of a fee of EUR 80

Further requirements

The employer hiring a third-country worker must:

• request to see the salaried worker's authorisation to stay before beginning the work relationship;
• request a copy of the salaried worker's authorisation to stay and keep this copy for the whole duration of the contract;
• notify the beginning of the working relationship to the Directorate of Immigration of the Ministry of Foreign and European Affairs within 3 working days from the first day of work.

The employer must notify the beginning of the working relationship to the Directorate of Immigration in writing (mail, email or fax) and specifically state:

• the identity and social security number of the worker;
• the start date of employment;
• the identity of the employer.

Negative decisions related to authorisation to stay can be challenged before the First instance Administrative Court within three months of notification of the ministerial decision.

If the First instance Administrative Court rejects the appeal the decision a further appeal can be filed before the Administrative Court within 40 days of judgement notification.

More on coming to and staying in Luxembourg

More on visas

More on recruiting employees

Migrating to Luxembourg

You may request to change employment or sector before the first renewal of the residence permit provided that all conditions are met, by submitting a request from Luxembourg to the Directorate of Immigration.

Unemployment

If as a holder of the residence permit you cannot prove that you have actually worked for the duration of validity of the residence permit, or if the renewal of the residence permit occurs during a period where you receive unemployment benefits, the residence permit will only be renewed for a maximum duration of one year.

Long-term residence

After five years of uninterrupted legal residence in Luxembourg you have the right to apply for long-term resident status at the Directorate of Immigration.

You must show:

• stable and regular financial resources sufficient to support yourself and your dependent family members without recourse to social security assistance;
• adequate accommodation; and
• medical insurance for yourself and your family members.

You must not represent a threat to public order or public security and must have a clean criminal record.

While assessing your application for long-term resident status, the Minister will take into account how well integrated you are.