Conditions
Business visitors for establishment purposes (BVEPs)
Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay
There is no definition in the amended law of 29 August 2008 on free movement of persons and immigration (Immigration Law). These individuals can enter Luxembourg on a short-term visa (C-visa) if required and have to fulfil the conditions of article 34 (1) and (2) of the Immigration Law and article 1.1 of the Visa Code.
Work permit requirements
There are no work permit requirements for less than three months: Article 35 (1) of the Immigration Law states for third-country nationals that are staying less than 90 days the following: “During their stay, third-country nationals are not entitled to engage in any employed or self-employed activity, unless they have been authorised to do so by the Ministry, for the purpose of carrying out the activity relating to. However, article 35 (2) e) indicates that the rule of article 35 (1) does not apply to “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”.
If the stay is longer than six months and it is a remunerated activity, the applicant will have to apply either for a salaried worker or independent worker resident permit.
Documentation required and conditions to be met
For a stay of less than 90 days, no documentation is required, with the exception of the ones foreseen in article 34 (1) and (2) of the Immigration Law. This means that the third-country nationals must:
- be in possession of a valid travel document and, where applicable, the required visa;
- not be the subject of an alert for the purposes of refusing entry based on Article 96 of Schengen Convention and have an alert entered in the Schengen Information System (SIS) for this purpose;
- not be subject to an entry ban in Luxembourg;
- not be considered a threat to public order, internal security, public health or the international relations of the Grand Duchy of Luxembourg or of one of the States party 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 to which admission is guaranteed, or prove that they have the possibility of acquiring these means legally and that they have sickness insurance covering all risks on the territory of the country of origin.
In case the duration of stay exceeds three months, it has to fulfil all the requirements for salaried worker or independent worker.
Where and how to file an application
Except if the third-country national requires a visa to enter the Schengen area (C-Visa), it will not require to fill any specific document to enter the territory if the stay is for less than three months. For more than three months, the application can be filed at the consular offices of the diplomatic mission which represents the interests of the Grand Duchy of Luxembourg.
Application fees and indicative processing time
Application fee: if a short-term visa is required, the fee is of €80. For the duration, please see applying for a short-term visa.
For an authorisation of stay of more than three months, there is no fee. However, if a long-term visa is required the fee is of €50.
The maximum period of stay under each type of authorisation
See above.
Conditions for any available extensions or renewal
There is no extension or renewal possibility as there is no residence or work permit issued for a period of less than 90 days.
Rules regarding accompanying dependents
As this is a short-term visa, there is no problem to be accompanied by dependents when the duration of the stay is less than 90 days if the dependents fulfil the conditions of entry of article 34 (1) and (2) of the Immigration Law.
Available review and/or appeal procedures
If the visa is required and it is denied, the same remedies applied. 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, a further appeal can be filed before the Administrative Court within 40 days of judgement notification.
Relevant laws of general application pertaining to the entry and temporary stay of natural persons
See above.
Short-term business visitors (STBV) (applies to all categories)
Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay
There is no definition in the amended law of 29 August 2008 on free movement of persons and immigration (Immigration Law). These individuals can enter Luxembourg on a short-term visa (C-visa) if required and have to fulfil the conditions of article 34 (1) and (2) of the Immigration Law and article 1.1 of the Visa Code.
Work permit requirements
There are no work permit requirements for less than three months: Article 35 (1) of the Immigration Law states for third-country nationals that are staying less than 90 days the following: “During their stay, third-country nationals are not entitled to engage in any employed or self-employed activity, unless they have been authorised to do so by the Ministry, for the purpose of carrying out the activity relating to. However, article 35 (2) e) indicates that the rule of article 35 (1) does not apply to “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”.
If the stay is longer than six months and it is a remunerated activity, the applicant will have to apply either for a salaried worker or independent worker resident permit.
Documentation required and conditions to be met
For a stay of less than 90 days, no documentation is required, with the exception of the ones foreseen in article 34 (1) and (2) of the Immigration Law. This means that the third-country nationals must:
- be in possession of a valid travel document and, where applicable, the required visa;
- not be the subject of an alert for the purposes of refusing entry based on Article 96 of Schengen Convention and have an alert entered in the Schengen Information System (SIS) for this purpose;
- not be subject to an entry ban in Luxembourg;
- not be considered a threat to public order, internal security, public health or the international relations of the Grand Duchy of Luxembourg or of one of the States party 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 to which admission is guaranteed, or prove that they have the possibility of acquiring these means legally and that they have sickness insurance covering all risks on the territory of the country of origin.
In case the duration of stay exceeds three months, it has to fulfil all the requirements for salaried worker or independent worker.
Where and how to file an application
Except if the third-country national requires a visa to enter the Schengen area (C-Visa), it will not require to fill any specific document to enter the territory if the stay is for less than three months. For more than three months, the application can be filed at the consular offices of the diplomatic mission which represents the interests of the Grand Duchy of Luxembourg.
Application fees and indicative processing time
Application fee: if a short-term visa is required the fee is of €80. For the duration, please see applying for a short-term visa.
For an authorisation of stay of more than three months, there is no fee. However, if a long-term visa is required, the fee is of €50.
The maximum period of stay under each type of authorisation
See above.
Conditions for any available extensions or renewal
There is no possibility to do extension or renewals as there is no residence or work permit issued for a period of less than 90 days.
Rules regarding accompanying dependents
As this is a short-term visa, there is no problem to be accompanied by dependents when the duration of the stay is less than 90 days if the dependents fulfil the conditions of entry of article 34 (1) and (2) of the Immigration Law.
Available review and/or appeal procedures
If the visa is required and it is denied, the same remedies as mentioned in the previous section apply.
Relevant laws of general application pertaining to the entry and temporary stay of natural persons
See above.
Contractual service suppliers (CSSs) – Only in the same group of companies
Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay
There is no definition in the amended law of 29 August 2008 on free movement of persons and immigration (Immigration Law). These individuals can enter Luxembourg on a short-term visa (C-visa) if required and have to fulfil the conditions of article 34 (1) and (2) of the Immigration Law and article 1.1 of the Visa Code.
Work permit requirements
There are no work permit requirements for less than three months: Article 35 (1) of the Immigration Law states for third-country nationals that are staying less than 90 days the following: “During their stay, third-country nationals are not entitled to engage in any employed or self-employed activity, unless they have been authorised to do so by the Ministry, for the purpose of carrying out the activity relating to. However, article 35 (2) f) indicates that the rule of article 35 (1) does not apply to “persons who intend to stay in the territory to provide services within the same group of companies, excluding any services provided under a subcontracting arrangement”.
If the stay is longer than six months and it is a remunerated activity, the applicant will have to apply either for a salaried worker (see the conditions under this link) or independent worker resident permit (see the conditions under this link).
In other type of contractual service suppliers, an authorisation of stay as independent worker has to be obtained in accordance with article 35 (1) of the Immigration Law, which establishes that the third-country national is not entitled to engage in any self-employed activity, unless authorised by the Ministry, more information are available under this link.
Documentation required and conditions to be met
For a stay of less than 90 days, no documentation is required, with the exception of the ones foreseen in article 34 (1) and (2) of Immigration Law for the case mentioned above. This means that the third-country nationals must:
- be in possession of a valid travel document and, where applicable, the required visa;
- not be the subject of an alert for the purposes of refusing entry based on Article 96 of Schengen Convention and have an alert entered in the Schengen Information System (SIS) for this purpose;
- not be subject to an entry ban in Luxembourg;
- not be considered a threat to public order, internal security, public health or the international relations of the Grand Duchy of Luxembourg or of one of the States party 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 to which admission is guaranteed, or prove that they have the possibility of acquiring these means legally and that they have sickness insurance covering all risks on the territory of the country of origin.
In case the duration is for more than three months, it has to fulfil all the requirements for independent worker.
Where and how to file an application
Except if the third-country national requires a visa (see requirements to fill a visa), it will not require to fill any specific document to enter the territory if the stay is for less than three months. For more than three months, the application can be filed at the consular offices of the diplomatic mission which represents the interests of the Grand Duchy of Luxembourg.
Application fees and indicative processing time
Application fee: if a short-term visa is required, the fee is of €80. For the duration, please see applying for a short-term visa.
For an authorisation of stay of more than three months, there is no fee. However, if a long-term visa is required the fee is of €50.
The maximum period of stay under each type of authorisation
See above.
Conditions for any available extensions or renewal
There is no extension or renewal possibility as there is no residence or work permit issued for a period of less than 90 days.
Rules regarding accompanying dependents
As this is a short-term visa, there is no problem to be accompanied by dependents when the duration of the stay is less than 90 days if the dependents fulfil the conditions of entry of article 34 (1) and (2) of the Immigration Law.
Available review and/or appeal procedures
If the visa is required and it is denied, the same remedies as mentioned in previous sections are applied. 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, a further appeal can be filed before the Administrative Court within 40 days of judgement notification.
Relevant laws of general application pertaining to the entry and temporary stay of natural persons
See above.
NOTE: For all the rest of Contractual service suppliers (CSSs), they have to obtain authorisation of stay which is analysed on a case-by-case basis, as this type of actors are not expressly foreseen by the Immigration Law (article 35 (2)), and they will have to be treated as independent workers under article 51 in relation with article 35 (1) of the Immigration Law.
Independent professionals (IPs)
The definition of independent professionals established in article 51 of Immigration Law is outside of the scope of the Annex of the GATS on Movement of Natural Persons Supplying Services Under the Agreement, point 2 (the Agreement shall not apply to measures affecting natural persons seeking access to the employment market of a Member, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis) because a self-employed worker who applies for this authorisation of stay can seek access to the labour market and residence on a permanent basis.
In consequence, an independent professional cannot work for less than 90 days without applying for an independent worker residence permit in accordance with article 35 (1) of the Immigration Law.
Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay
Third-country nationals who wish to carry out a regulated profession in Luxembourg, namely to work as a physician, dentist, veterinary or pharmacist, must file the application as follows:
The applicant will first have to submit the application to the Ministry of Foreign Affairs, who will respond by mail and indicate:
- that either all the conditions are met, except for the recognition of professional qualifications, and that the applicant must first address the competent authorities to have the qualifications officially recognised; or,
- that the conditions are not met.
In the first case, applicants must deliver the original of this letter to the competent authorities concerned who will keep the letter. After analysis of the application file, the competent authorities will inform the applicant by mail whether the professional qualification will be recognised or not, and that the license to practise will only be granted on the presentation of the authorisation to stay (temporary authorisation to stay or residence permit).
Finally, the applicant must present himself/herself with the authorisation to stay or send a copy to the competent authorities and will receive the license to practise in return.
Only complete applications will be processed. Incomplete applications will be returned to the sender.
The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. If no response is received within this time, this means that the application has been rejected.
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 they are not subject to visa requirements, enter Luxembourg territory and make a declaration of arrival to the administration of the commune where they reside.
After entering Luxembourg, the third-country national must take steps to obtain a residence permit.
Passport and visa
If the third country national is not subject to visa requirements, the third country-national may enter Luxembourg with the authorisation to stay and a valid passport.
Third-country nationals subject to a visa obligation must, before their journey and from their country of origin, submit a type D visa application and present their temporary authorisation to stay to the Luxembourg diplomatic or consular representation in their country of origin, or, failing that, to the embassy or consulate of the country in the Schengen area which represents Luxembourg for the issuance of long-stay visas (only the Belgian embassy or consulate).
The visa, valid for a maximum period of 3 months, is affixed in the passport in the form of a seal.
If the applicant's passport is due to expire in less than 6 months, they are advised to renew it before coming to Luxembourg.
If the third-country national has a valid residence permit for family members of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. Third-country nationals are nonetheless required to have a temporary authorisation to stay in Luxembourg.
Work permit requirements
Please check the above section ‘Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay’.
Documentation required and conditions to be met
The application for a temporary authorisation to stay must contain the applicant's identity details (surname, first name(s) and address) and must be accompanied by the following documents and information:
- a copy of their valid passport, in its entirety;
- an extract from the criminal records or an affidavit (sworn oath) established in the country of residence;
- a curriculum vitae;
- a business and a financing plan;
- proof that the applicant has the necessary economic resources to carry out his/her business project;
- in the case of a takeover of a business, the balance sheets and profit and loss accounts for the past three financial years;
- in the event of an activity subject to a business permit, the agreement in principle;
- in the case of an activity subject to other authorisations, accreditations or registrations, the agreement in principle from the competent authority;
- The documents mentioned above.
- Where necessary, a power of attorney.
The documents enclosed must be originals or certified true copies (except for the passport where a plain copy will suffice). 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 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.
Where and how to file an application
Applications for a temporary authorisation to stay (on plain paper) must be filled from their country of origin:
- to the Immigration Directorate of the Ministry of Foreign and European Affairs; or
- to a Luxembourg diplomatic or consular representation or to a diplomatic or consular mission representing Luxembourg.
Application fees and indicative processing time
There are no application fees and the processing time will be of at least three months.
The maximum period of stay under each type of authorisation
In principle, the validity of the authorisation of stay is issued for three years or for the time requested if it is less.
Conditions for any available extensions or renewal
The residence permit will be renewed for an additional three years if the conditions continue to be fulfilled.
Rules regarding accompanying dependents
Family reunification does not apply for individuals who are going to reside less than 3 months in the country.
Available review and/or appeal procedures;
Negative decisions related to the 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, a further appeal can be filed before the Administrative Court within 40 days of judgement notification.
Relevant laws of general application pertaining to the entry and temporary stay of natural persons
Amended law of 29 August 2008 on free movement of persons and immigration (Immigration Law).
Investors
Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay
A third-country national who wishes to come to Luxembourg for a period of more than three months in order to invest in an existing or future undertaking must follow a procedure in two consecutive steps:
- Step 1: before entering the country:
- submit an application for a temporary authorisation to stay to the Directorate of Immigration (Direction de l’Immigration) of the Ministry of Foreign and European Affairs (Ministère des Affaires étrangères et européennes);
- hold a valid passport;
- for persons who are subject to a visa, request a visa type D after having obtained the temporary authorisation to stay;
- obtain an approval from the Ministry of the Economy or from the Ministry of Finance, depending on the case;
- Step 2: after entering the country:
- file a declaration of arrival with the new commune of residence in Luxembourg within 3 days of arrival;
- undergo a medical check;
- submit an application for a residence permit for investors.
Work permit requirements
No work permit requirements for the investors residence permit.
Documentation required and conditions to be met
Third-country nationals can apply for a residence permit as an investor provided they plan to invest:
- at least €500,000 in an existing company with its registered office in Luxembourg and commit to keep for a duration of at least 5 years:
- their investment;
- a level of employment which must be equivalent to the level at the time of the investment (in the case of an acquisition of a company in difficulty and under a redundancy plan, the aforementioned requirement does not apply); or
- at least €500,000 in a new business still to be created, with its registered office in Luxembourg and at least 5 work positions which must be created within 3 years of the incorporation of the business. The recruitment of staff must be in collaboration with the National Employment Agency (Agence pour le développement de l'emploi - ADEM) or;
- at least €3 million in a management and investment structure, either existing or still to be created, with its registered office in Luxembourg where it must have and maintain the necessary substance or;
- at least €20 million in the form of a deposit of funds with a financial institution established in Luxembourg, and with the commitment to keep said deposit for at least 5 years.
With regard to investments in existing or still to be created businesses (investments of at least €500,000), the company must or will have to carry out a commercial, crafts or industrial activity.
Third-country nationals must meet the following requirements first:
- hold a valid passport;
- check whether or not they have to obtain a visa to enter the Schengen area;
- have obtained an approval from the Ministry of the Economy or the Ministry of Finance with regard to their investment.
The Ministry of Finance is responsible for the analysis of proof of investments of:
- at least €3 million in a management and investment structure, whether already existing or still to be created;
- at least €20 million in the form of a deposit with a financial institution established in Luxembourg.
The Ministry concerned sends a written notification to the third-country national investor. In case of approval, the third-country national has to, before entering the country, submit the application for the authorisation to stay.
Where and how to file an application
The third-country national must submit an application for an authorisation to stay (on plain paper) from his/her country of origin:
- to the Immigration Directorate of the Ministry of Foreign and European Affairs, or;
- to a Luxembourg diplomatic or consular body or to a diplomatic or consular mission representing Luxembourg.
Except in exceptional cases (e.g., third-country nationals who already hold a residence permit in Luxembourg), the application must be submitted and approved before coming to Luxembourg. Applications submitted from Luxembourg are inadmissible.
The application for a temporary authorisation to stay must contain the applicant's identity details (surname, first names and address) and must be accompanied by the following documents:
- a copy of their valid passport, in its entirety;
- an extract from the criminal record or an affidavit (sworn declaration) established in the country of residence;
- where necessary, a power of attorney.
Application fees and indicative processing time
There are no application fees. The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. If no response is received within this time, the application shall be deemed to have been rejected.
In case of a favourable reply, the third-country national receives a "temporary authorisation to stay", sent by post. The 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 he/she is subject to visa requirements;
- or, if he/she is not subject to visa requirements, enter Luxembourg territory and make a declaration of arrival to the administration of the commune where he/she resides.
After entering Luxembourg, the third-country national must take steps to obtain a residence permit.
The maximum period of stay under each type of authorisation
The residence permit is valid from the date of the declaration of arrival at the commune. It is renewable on request as long as the eligibility conditions are met.
The residence permit for "investors" is valid for a maximum of 3 years and is renewable provided the conditions for renewal are still met.
Exceptionally, third-country nationals who have obtained the long-term resident status in another EU Member State and who have obtained a temporary authorisation to stay as an investor in Luxembourg, before entering Luxembourg, can apply, on plain paper, for a long-term residence permit valid for a period of 5 years and renewable on request.
Investors who invested at least €500,000 in an existing company or in the creation of a company can also apply for a business permit if they meet the conditions required.
Conditions for any available extensions or renewal
Third-country nationals must send their application for renewal of the residence permit to the Immigration Directorate of the Ministry of Foreign and European Affairs within 2 months prior to the expiry date of the residence permit, together with:
- a copy of their valid passport, in its entirety;
- a recent extract from the Luxembourg criminal record;
- proof of payment of a €80 tax.
Available review and/or appeal procedures
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, a further appeal can be filed before the Administrative Court within 40 days of judgement notification.