In order to work as an employed worker, the third-country worker who wishes to work for a period of more than three months must fulfil the following conditions before entering the country:
- submit an application for a temporary authorisation to stay to the Directorate of Immigration of the Ministry of Foreign and European Affairs;
- be in possession of a valid passport;
- for persons subject to visa requirements in order to enter Luxembourg: request a type D visa after having obtained the temporary authorisation to stay.
Where and how to apply
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
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:
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.
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.
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:
After entering Luxembourg, the third-country national must take steps to obtain a residence permit.
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:
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:
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
The employer hiring a third-country worker must:
The employer must notify the beginning of the working relationship to the Directorate of Immigration in writing (mail, email or fax) and specifically state:
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.
|Change of employment|
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.
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.
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:
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.
No information available at the moment.
- Ministry of Foreign and European Affairs
- Diplomatic missions abroad
- Directorate of Immigration
- Ministry of Labour and Employment and Social and Solidarity Economy
- Agency for the Development of Employment
- Ministry of Education, Children and Youth
- Local Authorities (in French)
- Guichet en Ligne (long term resident status)