What is this?
Generally, any person from a third party country must possess a permit to be able to work in Luxembourg. Third party country nationals who are family members of European citizens are exempted from the obligation to obtain this permit.
Through a new 2008 law on immigration, the old work permit has been replaced by a residence permit for salaried workers, a residence permit covering both residence and employment.
However, there are three exceptions to this rule, for which the person needs a work permit that is separate to his or her residence permit:
Work permit for a third party country national who is a family member of another third party national country wishing to practise a salaried activity subsidiarily (The family member who wishes to practise a salaried activity principally must change his or her family member residence permit to a salaried worker residence permit. Nevertheless, in many cases the family member only wishes to work a few hours, so that as long as the work is only subsidiary in nature, he or she can keep his or her family member residence permit by obtaining a work permit).
Work permits for Bulgarian and Romanian citizens
Through a decision taken during its council meeting of 4 September 2008, the government decided to extend for a period of three years, starting 1 January 2009 until 31 December 2010, the requirement for a work permit to access the Luxembourg labour market.
1. Bulgarian and Romanian salaried workers who are family members of a European Union citizen not subject to this permit obligation can access the labour market without the requirement for a permit.
2. Bulgarian and Romanian students who are studying in an approved Luxembourg public or private educational establishment as principal activity are authorised to practise, as a subsidiary activity, a salaried activity without being subject to the obligation to obtain a work permit.
Work permit for a third party country national holding a residence permit in another Member State of the European Union where he or she resides and who intends to practise a salaried activity in the Grand Duchy of Luxembourg
A third party country national holding a residence permit in another Member State must ask for a work permit to be able to work in Luxembourg. EXCEPTION: If the third party country national is married to an European Union citizen who is working in Luxembourg there's no need to ask for a work permit.
Steps to be taken
The application to obtain a work permit should be submitted to the Ministry of Foreign Affairs. The applicant must indicate his or her identity (full name and contact details) and enclose the following documents with the application:
• a full copy of his or her passport, certified as true to the original;
• a curriculum vitae;
• a copy certified as true of his or her diplomas or professional qualifications;
• an employment contract, dated and signed by the applicant and employer;
• an explanatory letter;
• a copy of the residence permit issued by another Member State, certified as true to the original (only for an application for a work permit for a third party country national holding a residence permit in another Member States of the European Union where he or she resides).
N.B. The documents to be submitted must have an apostil added by the competent local authority in the country of origin or certified by the competent local authority in the country of origin and authenticated by the embassy. If the documents are not written in German, French or English, a certified translation by a sworn translator must be enclosed.
Decision – waiting times – appeals
The period for a response from the Ministry is a maximum of three months.
This period starts from the time the dossier submitted is complete. An incomplete application is not considered and is returned to the person.
If the response is negative or no response is received within 3 months the person may make an appeal before the Administrative Court.
NB: This text is only a summary drawn up by ASTI asbl. Only the text of the law is valid.