ICL - expat_im.php

Immigration

Foreign nationals, i.e. individuals who are not nationals of a Member State of the European Union and the European Free Trade Association, are entitled to reside and work in Luxembourg for more than three months provided they satisfy the conditions and comply with the procedure laid down in the act dated 29 August 2008 on free movement of persons and immigration and the Grand ducal Regulations dated 5 September 2008, setting out the conditions and modalities with respect to the issuance of the necessary authorisation/permit to reside and work in Luxembourg (hereafter together referred to as the "Immigration Act").

Contents

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1. Who is Concerned?

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2. Overview

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The main step of the immigration procedure is the application for a residence authorisation (Residence Authorisation). This temporary document - to be later transformed into a residence permit (Residence Permit) - gives the Foreign Nationals the right to reside and to work in the country.

Depending on their nationality, Foreign Nationals may also have to apply for a visa with the diplomatic or consular representation of the Grand Duchy of Luxembourg in his/her country of origin/residence.

Once in Luxembourg, the Foreign Nationals will have to apply for a Residence Permit.

3. Categories of Residence Authorisations/Permits

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There are several categories under which a Foreign National can apply for a Residence Authorisation depending on his/her status.

The documents required for each of the categories described below must either be in English, French or German. In case these documents are drafted in another language, they must be translated by a sworn translator. The obtained translation must be certified true to the original translated document.

3.1 Residence Authorisation/Permit to work as an ordinary worker

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The following requirements must be met before considering the employment of a Foreign National as an ordinary worker in the meaning of the Immigration Act:

3.2 Residence Authorisation/Permit for highly qualified workers ("European blue card")

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The following requirements must be met in order to apply for a Residence Authorisation/Permit as a highly qualified worker:

3.3 Residence Authorisation/Permit for temporarily transferred workers

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The following requirements must be met in order to consider an employee as a transferred worker:

3.4 Residence Authorisation/Permit for seconded workers

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The following requirements must be met in order to consider an employee as a seconded worker:

In case the sending company is established in the EU, it may freely second its workers to Luxembourg. For a stay of more than 3 months and even in case the seconded employee is a Foreign National, he/she will automatically, upon request, receive a Residence Permit for the duration of the secondment, provided he/she has a valid residence and work permit in the EU country where the seconding company is established.

3.5 Residence Authorisation/Permit for researcher

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The following requirements must be met in order to consider an employee as a researcher:

4. Steps for the Issuance of the Required Authorisation/Permit


4.1 Application for a Residence Authorisation before entering the Luxembourg territory

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The Applicant must address the request for the Residence Authorisation to the Ministry in charge of immigration and receive a positive answer before being allowed to enter the Luxembourg territory.

The application must be supported by the following documents:

4.2 Application for a visa (if applicable)

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If the applicant is subject to a visa obligation, he/she must request, on the basis of the Residence Authorisation, the delivery of a visa, allowing - together with the Residence Authorisation - the entry to the Luxembourg territory.

4.3 Entering the Luxembourg territory: Declaration of arrival

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Obligation to enter the Luxembourg territory within 90 days as of the delivery of the Residence Authorisation or the visa.

Declaration of arrival within 3 business days as of the arrival in Luxembourg at the local authority of the municipality where the applicant contemplates to reside.

4.4 Medical examination

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The Foreign National, once in Luxembourg, has to undergo a medical examination with a Doctor licensed to practice in Luxembourg as well as a test of tuberculosis at the "Ligue medico-sociale" (www.ligue.lu).

4.5 Application for a Residence Permit

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Application to be made within 3 months as of the date of the applicant's arrival in Luxembourg.

The application must be accompanied by the following documents:

5. Validity and Renewal of the Residence Permit


5.1 Residence Permit to work as an ordinary worker

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5.2 Residence Permit for highly qualified worker

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5.3 Residence Permit for transferred workers

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5.4 residence permit for seconded workers

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5.5 Residence Permit for researcher

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6. Family Reunification


6.1 Prerequisites

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In order to benefit from the family unification, the Foreign National must fit the following requirements:

The Foreign National may be accompanied by family member(s) upon entering the Luxembourg territory in case he/she settles in Luxembourg as a worker temporarily transferred to an affiliated company of the same group, as a highly qualified worker or as a researcher. Salaried workers and seconded workers do not benefit of the same right, except for children for whom they assume the parental custody (alone).

6.2 Family members

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The following family members are concerned by the family reunification procedure: