Who can apply
A third-country national (i.e. from a country which is neither an EU Member State nor a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) who resides in a third-country and wishes to establish residence in Luxembourg in order to attend a traineeship for more than 3 months will first need an authorisation to stay and then a residence permit.
The application for the authorisation to stay has to be submitted by the trainee. However, they may mandate a third party, such as the employer, to carry out the necessary procedures for them.
No prior authorisation is required for a third-country national who is a family member of an EU citizen (or of a citizen from a country treated as such) residing in Luxembourg.
The provisions regarding the authorisation to stay for trainees will only apply in the event that the third-country national wishes to reside in Luxembourg for a duration of more than 3 months. If the third-country national stays for less than 3 months or if they reside in a different Member State in which they have an authorisation to stay for the duration of the traineeship, other procedures apply.
It must also be noted that these provisions only apply for traineeships within the framework of higher education studies of the person concerned, or if they take place within 2 years of the end of their academic studies.
Prerequisites
Third-country nationals must, before entering the country:
- have a valid passport;
- check whether or not they require a visa to enter the Schengen area.
Types of traineeships
- Traineeship of less than 3 months
Third-country nationals wishing to complete a traineeship in Luxembourg have the right to stay in the country for a period of up to 3 months if:
- they fulfil the conditions of entry and residence in Luxembourg;
- they can give evidence of sufficient personal resources for the duration of the intended stay.
In order to prove that they have or will have the resources required for their stay, third-country nationals can submit a document attesting that they have the possibility to legally acquire the necessary means of subsistence, for example a traineeship agreement. It should be noted that third-country nationals do not need a work permit.
- Traineeship of more than 3 months
The third-country national who wishes to stay in Luxembourg for more than 3 months to carry out a traineeship must have the residence permit for trainees before coming to Luxembourg.
A third-country national who has a residence permit from another EU Member State and who wishes to reside in Luxembourg in order to do a traineeship of more than 3 months will also need to apply for an authorisation to stay for trainees.
If the third-country national already has a residence permit in another Member State in which they reside, and wishes to undertake a traineeship in Luxembourg during the period of validity of their residence permit, but without residing in Luxembourg, they do not need a specific authorisation.
A third-country national with a Luxembourg residence permit for students who wishes to complete a traineeship within the framework of their academic programme while their residence permit for students is still valid, does not need to apply for a new authorisation to stay for trainees.
A third-country national who wishes to come to Luxembourg for a period of more than 3 months to do a traineeship within the framework of studies, must follow a 2-step procedure:
- Step 1: 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 visa type D after having obtained the temporary authorisation to stay.
- Step 2: after entering the country:
- make a declaration of arrival in the new commune of residence in Luxembourg;
- undergo a medical check;
- then apply for a residence permit for third-country national trainees.
Before entering the country
Application for an authorisation to stay
The future third-country national trainee must submit an application for an authorisation to stay (on plain paper) from their country of origin:
- to the Directorate of Immigration 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.
The application must be submitted and approved before coming to Luxembourg, except in certain special cases (e.g. third-country nationals who already have a residence permit in Luxembourg). Applications submitted from Luxembourg are inadmissible.
The application for a temporary authorisation to stay must contain the applicant's identity details (surname(s), given name(s) and address) and must be accompanied by the following documents and information:
- a certified copy of their valid passport, in its entirety;
- where applicable, a copy of the residence permit issued in another EU Member State if they reside in the Schengen area;
- an extract from their criminal record or an affidavit (sworn oath) established in the country of residence;
- proof that they have obtained, in the 2 years before the date of the application, a qualification (master's degree, advanced technician's certificate, specialised advanced technician's certificate, bachelor, master, doctorate) or that they follow a course of study leading to a diploma of such a qualification;
- a copy of the traineeship agreement which provides for theoretical and practical training, concluded with a host entity (host establishment or company), which contains:
- a description of the traineeship programme, including its educational purpose or educational component;
- duration of the traineeship;
- the placement conditions;
- the training schedule.
- proof of sufficient resources to cover for living expenses and return-travel costs. The monthly resources must amount to at least 80 % of the current social inclusion income. The following may be used as proof:
- the agreement/traineeship contract that states the amount of the traineeship allowance; or
- a certificate of scholarship or student loan stating the amount and its duration; or
- a bank certificate; or
- an undertaking of financial responsibility (formal obligation) from a guarantor residing in Luxembourg.
- material benefits, namely free accommodation and "pocket money" are also taken into consideration in the evaluation of resources.
- a parental authorisation if the trainee is under 18 years of age;
- a health insurance certificate covering illness in Luxembourg (including travel insurance);
- a nominative certificate attesting the covering of the cost of the stay and return of the trainee, to be provided by the hosting establishment;
- where necessary, a proxy.
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 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.
Only complete applications will be processed. Incomplete applications will be returned to the applicant.
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 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 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 resides.
After entering Luxembourg, the third-country national must take steps to obtain a residence permit.
Passport and visa
If he/she 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, he/she is 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.
After entering the country
Declaration of arrival
When entering Luxembourg territory, the third-country national must hold valid travel documents (visa and passport, where applicable), as well as the temporary authorisation to stay.
They must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 3 days of arrival in Luxembourg, presenting:
- a valid travel document (passport and, where applicable, a visa or a residence permit or authorisation issued by another EU Member State);
- the original temporary authorisation to stay;
- a valid proof of address (i.e. rental agreement, electricity bill, etc.), where applicable.
The applicant will receive a copy of the declaration of arrival as a receipt.
The copy of the declaration of arrival together with the authorisation to stay are valid as an authorisation to do an internship and authorisation to stay until the residence permit is issued.
Medical check-up
The third-country national trainee must undergo a medical check for foreigners as soon as possible which consists of:
- a medical examination by a doctor established in Luxembourg and authorised to work there as a general practitioner or a practitioner specialised in internal medicine or paediatrics;
- and a TB screening by the Health and Social Welfare League (Ligue médico-sociale - LMS).
After receiving the results of these examinations, the Immigration Medical Department (Service Médical de l'Immigration - SMI) of the National Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the Directorate of Immigration (Direction de l'Immigration) of the Ministry of Foreign and European Affairs (Ministère des Affaires étrangères et européennes) to allow the residence permit application to be processed.
Residence permit application
Third-country nationals must submit an application for a residence permit for third-country nationals to the Directorate of Immigration of the Ministry of Foreign and European Affairs within 3 months of entry into Luxembourg.
The following documents must be sent together with the residence permit application form:
- a copy of the filled-in pages of the valid passport;
- a copy of the temporary authorisation to stay;
- a copy of the declaration of arrival established by the communal authority;
- proof of payment of a fee of EUR 80.
When the application is approved, the applicant will receive a letter inviting him to come in person with his/her valid passport and said letter to the Directorate of Immigration of the Ministry of Foreign and European Affairs during opening hours. The applicant will get his/her photograph and fingerprints taken, which will be incorporated into the residence permit. The applicant may also bring a recent photograph compliant with OACI/ICAO standards ('biometric passport standards').
A few days after the biometric data have been provided, the applicant can collect his/her residence permit in person at the Directorate of Immigration. The exact date will be communicated to the applicant when they go in to have their biometric data collected.
The residence permit takes the form of a chip card containing the biometric data.
The residence permit includes information about its holder (surname, first name, nationality, date and place of birth), as well as specific information about the residence permit (permit category, date of beginning and end of validity of the permit).
Certain residence permit categories include additional information in the field "observation".
Validity period and renewal
The residence permit for trainees is valid for the duration of the traineeship as stated in the traineeship agreement, provided if the latter is of a duration of less than 6 months or equal to 6 months at the most.
If the study programme of the academic cycle provides for the conclusion of a traineeship agreement with a duration of more than 6 months, the period of validity of the residence permit corresponds to that duration.
The residence permit is valid from the date of the declaration of arrival at the commune.
Note: third-country nationals who intend to leave Luxembourg for more than 6 months must return their residence permit to the Minister and make a declaration of departure at the administration of the commune where they resided.
No information available
No information available at the moment.