ASTI

Residence permit for an employed worker

What is this?

In Luxembourg, a citizen of a third party country requires a permit in order to work as an employee.

This is a residence permit for a third party country citizen who wishes to become resident and practise a salaried activity in Luxembourg or for a non-European citizen already legally residing in Luxembourg without having worked there as an employee, who wishes to obtain a residence permit as salaried employee.

The very first residence permit issued for an employed worker gives permission to work in a single employment sector and in a single profession, but for any employer.
An employee is therefore free to change employers.

The permit is firstly valid for a period of one year; if renewed it is valid for two and then three years. (Renewals are explained in detail at the end of this document)

The permit is then extended for a period of three years each time it is renewed.

A change in industry is only permitted with the three-year permit, otherwise it is necessary to start the procedure from the beginning.

Conditions to be fulfilled

If, having declared a vacant post to the Employment Office (Administration de l’Emploi) an employer cannot find a suitable employment candidate on the local labour market, it can enter into an employment contract with a third party country national (NB: work can only be started after the permit is granted) and the applicant must then undertake the steps required to obtain a residence permit for salaried employee.

The application for a residence permit for a salaried employee who is a third party country national not yet residing in Luxembourg must be made before entering the country.

Steps to be taken

The position must be declared as vacant to ADEM (Employment Office) by the employer. The form to make this declaration is on the website of the Employment Office and also on the menu on the right.

This declaration enables the Employment Office to verify the exact availability of job seekers who have a priority entitlement to be recruited. (this is called affirmative action or “priorité communautaire”).

Then, the application is submitted to the Ministry of Foreign Affairs (MAE) by the applicant himself or herself, not by the employer. The applicant may however appoint a third party, for example the employer, to carry out the necessary steps. There is no form to fill in for this application.

The future employee who is a third party state national must send an application for a residence permit for the attention of the Minister of Immigration before entering Luxembourg.
The application for a residence permit for salaried employees must be accompanied by the following documents:
•    a full copy of the applicant’s valid passport, certified as true to the original;
•    the applicant’s birth certificate;
•    an extract from the police record or affidavit (sworn declaration) of the claimant;
•    a curriculum vitae;
•    a copy certified as true of the applicant’s diplomas or professional qualifications with, if necessary, their certified translation if the original document is not written in French, German or English;
•    an employment contract, dated and signed by the applicant and employer (in the box: “work start date”, please state: “from date of obtaining residence permit for salaried employee”.
•    an indication of any family relationship between the applicant and employer;
•    an explanatory letter supporting the application.

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.

Formalities to complete in Luxembourg :

If the applicant receives a positive response from the Luxembourg authorities, within three working days from the date of entering the country, he or she must go to the commune authorities in the place he or she intends to reside, with the residence permit, to make a declaration of arrival. A copy of the declaration will be issued as receipt. Possession of the receipt and residence permit provides proof of legal residence until the residence permit for salaried employee is issued.

Before the end of a three-month period, the applicant should contact the Ministry of Foreign Affairs and Immigration to obtain a residence permit for a salaried employee by submitting the following documents:
•    a copy certified as true of the residence permit issued by the minister;
•    a copy certified as true of the arrival declaration drawn up by the commune authorities;
•    a medical certificate attesting that he or she fulfils the medical conditions authorising his residence, issued by a doctor established in Luxembourg;
•    proof of suitable housing, if required;
•    a recent photo, format 45/35 mm, taken from straight ahead with uncovered face, the head being at least 20 mm high, complying with ICAO/OACI standards;
•    proof of the payment/transfer of the issue duty of 30 EUR, to account CCPL n° LU46 1111 2582 2814 0000 (beneficiary: Ministry of Foreign Affairs, Department of Immigration; communication: residence permit in the name of: full name of person concerned).

Decision – waiting times – appeals

The period for a response from the Ministry is a maximum of 3 months.
 This period starts from the time the application submitted is complete. An incomplete application is not considered and is returned to the person.

The Ministry of Foreign Affairs sends a copy of the application to ADEM, which returns a recommendation within 3 weeks.
 The consultation committee then receives the dossier and sends its recommendation to the Ministry of Foreign Affairs.
 The Ministry of Foreign Affairs then notifies the person concerned of the final decision by post.

If the response is negative or no response is received within three months, the person may make an appeal before the Administrative Court. If after three months, the Ministry of Foreign Affairs has not responded to the application, this is equivalent to a negative response and an appeal may be submitted before the Court.

What happens to your residence permit as employee if you lose your job?
If you lose your job, you risk losing your permit if you are unemployed and without personal resources:
•    for three months in a 12-month period (if stay <3 years)
•    for six months in a 12-month period (if stay >3 years)
 

Renewal of residence permit for salaried employee

The Ministry of Foreign Affairs and Immigration will send a letter to each holder of a residence permit approximately two months before expiry of the permit in order to remind the permit holder that his or her residence permit will soon expire. This letter will indicate the formalities to be carried out to renew the permit.
The residence permit renewal application form for salaried employees is available on the MAE website and on the menu on the right.

The following documents are to be enclosed:
•    a certified authentic copy of the valid passport;
•    a copy of the employment contract, duly dated and signed, along with a certificate of affiliation to the social security system;
•    a residence certificate;
•    a recent extract of police record;
•    a recent photo, format 45/35 mm, taken from straight ahead with uncovered face, the head being at least 20 mm high, complying with ICAO/OACI standards;
•    proof of the payment/transfer of the issue duty of 30 EUR, to account CCPL n° LU46 1111 2582 2814 0000 (beneficiary: Ministry of Foreign Affairs, Department of Immigration; communication: residence permit in the name of…)

First renewal
For the first renewal, if the conditions are fulfilled, the residence permit is valid:
•    for a period of two years,
•    for a single profession with any employer and
•    in a single industry.

Second renewal
For the second and each subsequent renewal, the residence permit is valid:
•    for 3 years
•    for any profession and
•    for any industry.

You wish to change the economic industry of your job
To be authorised to change industry before the second renewal of the residence permit, an employee who is a third party country national must restart the procedure and have this change authorised by a new permit.

Miscellaneous – Useful information

Workers who have a valid Category A or B work permit (A, B and C permits existed under the old regime of the law of 1972) issued in accordance with the old legislation do not require additional authorisation to be recruited by any employer for the same profession and in the same industry.

Workers who have a Category C work permit issued in accordance with the old legislation do not require additional authorisation to be recruited by any employer for any profession and in any industry.


NB: This text is only a summary drawn up by ASTI asbl. Only the text of the law is valid.