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Which ministry has overall responsibility?

Ministry of Foreign and European Affairs

The Ministry of Foreign and European Affairs is responsible for foreign policy and of the promotion of international economic relations, cooperation and humanitarian action. Thus, the Minister of Foreign and European Affairs is also the Minister for Immigration and Asylum.

Directorate for Immigration

The Directorate for Immigration is composed of different units, including the Foreigners’ Department, the Refugees’ Department and the Return Department:

  • The Foreigners Department processes applications in relation to the free movement of persons (citizens of the European Union and EEA citizens and their family members) and the entry and residence of non-EU nationals.
  • The Refugees’ Department registers and processes applications for international protection and decides upon them.

The Returns Department executes the returns decisions issued against irregular staying migrants.

Diplomatic missions abroad

Diplomatic missions abroad are responsible for issuing visas to non-EU citizens and helping nationals who are in need.

Are there other ministries involved? Minister for Immigration and Asylum

The competence of the Minister for Immigration and Asylum have been defined in article 1 (2) IV of the Grand Ducal Decree of 5 December 2018 regarding the constitution of Ministries:

  1. European, National and International Policy on Immigration and Asylum
  2. Free movement of persons and immigration: Entry and Stay of Foreigners
  3. International and temporary protection: Return of irregular staying migrants
  4. Granting of stateless status
  5. Travel documents for third-country nationals
  6. Relations with international and NGO organisations
  7. Detention Centre
  8. Luxembourg Reception and Integration Agency – Reception centres for international protection applicants – reception facilities for immigrants

Ministry of Labour, Employment and of Social Economy

The Ministry is responsible for implementing national policy in the field of employment and labour and coordinates related activities i.e. development and implementation of policies in the field of employment and regulating labour laws and professional relations.

Ministry of Family, Integration and of the Grand Region

The Ministry implements and coordinates social policy on a family level and the reception and integration of third-country nationals, through the Luxemburg Reception and Integration Agency, OLAI as well as matters on a Grand Region level.

Ministry of National Education, Children and Youth

The Ministry is responsible for developing and implementing policies in the field of primary and post-primary education, vocational training and lifelong learning.

Ministry of Higher Education and Research

The Ministry is responsible for developing and implementing policies on university and higher education. As such, it is responsible for policies regarding public research and scientific and technological cooperation. Also, it is responsible for the recognition and homologation of third-country higher education diplomas.

What are the implementing agencies? Agency for Employment Development (ADEM)

ADEM is an agency under the supervision of the Ministry of Labour, Employment and Social Economy and is responsible for:

  • promoting the maximization of the available workforce;
  • recruiting non-EU nationals;
  • implementing national policy on the prevention of unemployment;
  • promoting vocational training.
Luxembourg Reception and Integration Agency (OLAI)

The OLAI is an administration under the supervision of the Ministry of Family, Integration and the Grand Region and is responsible for:

  • implementing and coordinating the policy on reception and integration;
  • facilitating the integration of third-country nationals;
  • fighting against all forms of discrimination (awareness-raising campaigns);
  • studying migration flows;
  • assisting and supporting applicants for international protection;
  • managing reception centers.
Are there general immigration policy papers?

Government programme 2018 – 2023

Are there impact assessments, studies and reports available?

Annual Reports of relevant Ministries

What is the key legislation?

Law of 8 March 2017 amending: The amended law of 29 August 2008 on free movement of persons and immigration; The amended law of 28 May 2009 creating and organizing the Detention Centre; The law of 2 September 2011 regulation the access to the professions of craftsmen, merchant and industrial as well as liberal professions

Law of 8 March 2017 on Luxembourgish Nationality

Law of 18 December 2015 on international protection and temporary protection

Law of 18 December 2015 on the reception of applicants for international protection and temporary protection

Law of the 9 April 2014 reinforcing the rights of the victims of human trafficking

Amended Law of 28 May 2009 creating and organising the Detention Centre

Amended Law of 29 August 2008 on the free movement of persons and immigration

Grand-Ducal Regulation of 5 September 2008 on the conditions for granting a salaried worker residence permit to employees

Grand- Ducal Regulation of 5 September 2008 to implement certain provisions concerning administrative formalities required by Law of 29 August 2008 on the free movement of persons and immigration

Grand-Ducal Regulation of 5 September 2008 laying down the criteria of resources and accommodation provided by Law of 29 August 2008 on the free movement of persons and immigration

Grand-Ducal Regulation of 5 September 2008 on the certification of financial responsibility of a foreigner under article 4 of the Law of 29 August 2008 on the free movement of persons and immigration

Grand-Ducal Regulation of 5 September 2008 on the exercise of a salaried activity by a student, as established by Law of 29 August 2008 on the free movement of persons and immigration

Grand-Ducal Regulation of 5 September 2008 on the composition and functioning 1 of the Foreigners’ Advisory Committee; 2 of the Advisory Board for salaried workers; 3 of the Advisory Commission for independent workers.

Grand-Ducal Regulation of 26 September 2008 determining the minimum level of remuneration for highly qualified workers pursuant to Law of 29 August 2008 on the free movement of persons and immigration

Ministerial regulation of 30 June 2016 establishing the average gross annual salary in regard to the Grand-Ducal Regulation of 26 September 2008 determining the minimum level of remuneration for highly qualified workers pursuant to Law of 29 August 2008 on the free movement of persons and worker immigration

Grand-Ducal Regulation of 26 September 2008 laying down rules of conduct to be followed by officers executing a removal decision and amending the Grand -Ducal Regulation of 21 December 2006 on the implementation of Directive 2003/110 /EC of 25 November 2003 on assistance in cases of transit for the purposes of removal by air

Grand-Ducal Regulation of 26 September 2008 establishing the creation and treatment of personal data necessary for the execution of the law of 29 August 2008 on the free movement of persons and immigration and determining the personal data which the Ministry responsible for immigration can access in order to implement controls foreseen by law

Grand-Ducal Regulation of 14 November 2008 establishing the terms for granting approval to research institutions under Article 65, paragraph 4 of the Law of 29 August 2008 on the free movement of persons and immigration

Grand Ducal Regulation of 3 February 2009 on medical examination of foreigners

Amended grand ducal regulation of 21 December 2007 establishing the list of safe countries of origin as established in the amended law of 5 May 2006 (Asylum Law)

Grand-Ducal Regulation of 26 January 2005 laying down the procedures for obtaining a travel document for foreigners

What are the national scientific research and statistical offices on immigration?

Central Service for Statistics and Economic Studies (STATEC)

STATEC is an institute under the authority of the Ministry of Economy. It has scientific and professional independence. STATEC establishes its working program in accordance with the national and European scientific legislation, producing and disseminating information in a neutral manner.