Luxembourg - Self-employed worker

Where and how to apply

Residence permit

Before you come to Luxembourg, you must apply for a residence permit for the purpose of self-employment with the Directorate of Immigration which will consult with the Consultative Commission of Self-employed Workers (CCTI) for its opinion.

Once the Minister receives this, he/she will make a decision.

Establishment permit

If you are setting up a company, you must also obtain an establishment permit and will need authorisation from the Directorate General of Small and Middle Sized Enterprises of the Ministry of Economy.

Visa

Once granted, the self-employed 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 Luxembourg within 90 days from the granting of the residence permit.

The following documents and information must be attached to the application for an authorisation to stay of self-employed workers:

• a certified full copy of the valid passport;
• a birth certificate;
• a copy of the police record or an affidavit (sworn statement);
• a curriculum vitae;
• a business and a financing plan;
• proof that the applicant has the necessary economic resources to carry out his business project;
• in the case of a takeover of a business, the balance sheets as well as the profit and loss accounts for the past three financial years;
• in the case of a business that is subject to an authorisation of establishment, the person must provide the application file together with any required supporting documents;
• in the case of an activity that is subject to other authorisations, accreditations or registrations, a copy thereof is also required.

The Directorate of Immigration, after checking if the application is complete, will take the digital data (picture and fingerprints) and will issue a residence permit for a maximum duration of 3 years. The maximum duration is longer than the usual duration, which applies to other categories of third-country nationals. The residence permit is renewable upon request of the applicant for a maximum duration of 3 years if the conditions for granting it are still being fulfilled:

• s/he has the required professional qualifications;
• s/he has the appropriate resources for the development of the business activity.

Nota bene: For third country nationals who wish to carry out a regulated profession in Luxembourg, namely to work as a physician, dentist, veterinary or pharmacist, the application procedure for the authorisation to stay slightly varies.

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 qualification, 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 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.

Further requirements

You must report to the Commune where you will live within three days of arrival.

You must also present 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 for a self-employed worker.

You must pay a fee of 80 EUR.

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 self-employed workers

Migrating to Luxembourg

More on visas

More on moving to Luxembourg

After five years of uninterrupted legal residence in Luxembourg you have the right to apply for a 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 assistance;
• adequate accommodation;
• 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 in charge of Immigration will take into account how well integrated you are.