Luxembourg - Seasonal worker - European Commission

The applicant or the employer can file the application.

A short-stay visa (in case the third-country national needs it to enter the territory) for seasonal work and a work permit (“authorisation to work”) are granted if the duration of the seasonal activity lasts less than 90 days. The Minister will grant them if the applicant:

Presents a valid labour contract to work as a seasonal worker with a Luxembourgish employer;
Presents proof that s/he disposes of adequate housing or that adequate housing will be provided for him/her;
Proofs that s/he has applied for health insurance or that s/he has one.

An authorisation of stay for seasonal workers is granted if the seasonal activity lasts more than 90 days. In order for the Minister in charge of Immigration to grant the authorisation of stay, the applicant has to present the same documents as those required for stays not exceeding 90 days.

The employer is obliged to provide all the information requested by the Minister in order to issue, extent or renew the authorisation of stay, as well as any change in the address of the seasonal worker.

Once in Luxembourg the seasonal worker must register with the Commune and apply with the Directorate of Immigration for a residence permit.

Third-country nationals who apply to work in Luxembourg as seasonal workers can only exercise a seasonal activity.

The following are considered to be seasonal activities:

harvesting (incl. grape harvesting, etc.);
packaging of harvested products;
the activities engaged in by leisure and holiday instructors and coordinators;
the activities engaged in by holiday-tour and tourist guides;
surveillance and maintenance of beaches, outdoor swimming pools and camp sites;
positions in retail stores, hotels and restaurants which are only open at certain times of the year, or which have a regular and foreseeable season-related increase in activity during the year;
jobs in companies involved in aviation and in the transport of passengers that have a regular and foreseeable increase in activity at certain times of the year.

Moreover, before coming to Luxembourg, the third-country national must first:

hold a valid passport;
check whether or not they have to obtain a visa to enter the Schengen area;
be in possession of the original certificate issued by the National Employment Agency (Agence pour le développement de l'Emploi – ADEM) authorising the employer to hire a third-country national.

Where and how to apply	Work contract Before you are recruited, your employer must declare the post vacant with the Agency for the Development of Employment (ADEM). ADEM will evaluate the labour market and ensure that the recruitment does not undermine the priority of hiring EU citizens or third-country nationals already legally residing in Luxembourg. If the job offer cannot be filled by 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 choice, under certain conditions, including a non-EU national. To this end, the employer must submit an application on paper to the ADEM's director and request a certificate granting him/her the right to hire a third-country national. The employer must then sign a dated employment contract with the future seasonal worker. It may be stated in the contract that the start date is "the date on which the worker obtains the temporary authorisation to stay for seasonal workers". Residence permit for a seasonal worker Visa Once the temporary authorisation of stay is granted, the seasonal 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 from the granting of the residence permit.
Further requirements	You must report to the Commune where you will live within three days of your arrival. You must also show proof of adequate accommodation and a medical certificate. Once these documents have been submitted, the Directorate of Immigration will issue you with a residence permit as an employed worker. You must pay a fee of 80 EUR.
Documents required	You must submit: a valid labour contract to work as a seasonal worker with a Luxembourgish employer; proof that you dispose of adequate housing or that adequate housing will be provided to you; a proof that you have applied for health insurance or that you have one. You must also mention any possible family ties between you and your employer. Note: Employers hiring seasonal workers from third countries have to: request to see the seasonal worker's authorisation to stay (for stays exceeding 90 days) or the work permit (for stays not exceeding 90 days) before beginning the working relationship; request a copy of the seasonal worker's authorisation to stay (for stays exceeding 90 days) or the work permit (for stays not exceeding 90 days) and keep said copy for the whole duration of the contract; notify the beginning of the working relationship to the Ministry of Foreign and European Affairs within 3 working days from the first day of work.
Duration of validity of permits	The first residence permit, which will be issued upon your arrival in Luxembourg if you stay for more than 90 days, is valid for a maximum of 5 months over a total period of 12 months, for one sector and one profession. In case of stays not exceeding 90 days, the work permit for seasonal work is granted for the duration of the seasonal activity.
Renewal procedure	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 copy of the completed pages of the valid passport; a copy of the seasonal work contract (currently valid and compliant with Luxembourg labour law) duly dated and signed; a recent certificate of enrolment with the Luxembourg social security system showing all of the seasonal worker's past enrolments; a recent extract of their Luxembourg police record; proof of payment of a fee of EUR 80. The residence permit may be renewed several times if the seasonal worker renews their employment contract with the same employer. If the seasonal worker changes employer, the residence permit may only be renewed once. Third-country nationals who have submitted an application for renewal but whose residence permit expires while they wait for the decision, are authorised to continue their stay in Luxembourg: until the Minister for Immigration has made a decision concerning their application; provided that the maximum period of 5 months over a total period of 12 months has not yet been attained.
Appeals	Negative decisions related to authorisations 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.
Further information	More on visas More on recruiting employees Migrating to Luxembourg

Luxembourg - Seasonal worker

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