Staying in Luxembourg for more than 3 months as a third-country national posted by a business established outside the EU

This page was last modified on 01-04-2016

In order to post workers to Luxembourg, a business established outside the EU must first apply for an authorisation for collective posting to the Immigration Directorate at the Ministry of Foreign and European Affairs.

Third-country workers staying in Luxembourg during their posting must:

  • Step 1:before entering the country:
    • have a temporary authorisation to stay issued by the Immigration Directorate of the Ministry of Foreign and European Affairs;
    • be in possession of a valid passport;
    • request, where necessary, a type D visa after having obtained the temporary authorisation to stay.
  • Step 2:after entering the country:
    • make a declaration of arrival within 3 days of arrival in their new commune of residence;
    • plus, in the event of a stay exceeding 3 months, undergo a medical check and apply for a residence permit for third-country national workers.

Forms / Online services

Carry out your procedure:

  • By downloading a form

    • Détachement et mobilité intra-groupe de travailleurs salariés, ressortissants de pays tiers - note explicative
    • Demande en délivrance d'un titre de séjour pour ressortissant de pays tiers
    • Liste des observations sur les titres de séjour pour ressortissants de pays tiers
    • Demande en renouvellement d'un titre de séjour pour ressortissant de pays tiers en qualité de "travailleur salarié détaché"

Who is concerned

A third-country worker posted to Luxembourg by a service provider established outside the EU must have an authorisation to stay before he can enter Luxembourg.

The employer must apply for an collective secondment authorisation before his employees can receive an authorisation to stay.

Cross-border service providers established in the EU are not concerned: they may post their workers to Luxembourg without prior authorisation and without taking into account the workers' nationality provided said workers are legally and normally employed by the business.

Prerequisites

The temporary posting must take place under a contract (for the provision of services) concluded between the posting business and the recipient of the provision of services who is carrying out his activity in Luxembourg.

A posted worker is a worker who:

  • usually works abroad;
  • works on the territory of the Grand Duchy of Luxembourg;
  • during the fixed period of time as stated in the services contract.

The posted worker is sent to Luxembourg for a limited period of time in a subordinate relationship with the posting business.

The period of time is determined:

  • depending on the duration, the frequency, periodicity and continuity of the provision of services and;
  • in relation to the nature of the activity which is the subject of the posting.

Preliminary steps

A business established outside the EU must first obtain a business permit.

Posted third-country workers must meet the following requirements:

How to proceed

Step 1: before entering the country

Authorisation for collective or individual secondment

Before the posted workers can come to Luxembourg, the employer must apply for a authorisation to post workers (authorisation for collective posting + individual temporary authorisation to stay) to the Immigration Directorate at the Ministry of Foreign and European Affairs and indicate:

  • the identities of the workers to be posted;
  • the nature and duration of work to be carried out;
  • the exceptional circumstances keeping the national employment market unaffected.

The application must be accompanied by the following documents:

  • with regard to the business:
    • the contract concluded between the service provider and the recipient of the services;
    • the business permit;
  • with regard to each worker to be posted:
    • a complete and certified copy of the passport;
    • a certified copy of the birth certificate;
    • a police record from the country of origin (current residence);
    • a posting agreement / mission order indicating the worker's function and duration of assignment.

The documents enclosed must be originals or certified true copies. 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 certified by the embassy (or 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.

In principle, the authorisation is granted for the effective duration foreseen for the completion of the services.

The posting business will receive the authorisation for collective posting as well as the individual temporary authorisation to stay for the posted employees.

Passport and visa

Before travelling and leaving the country of origin, the salaried worker subject to a visa must provide the temporary authorisation to stay and complete the visa type D application at the Luxembourg diplomatic or consular mission in his country of residence or, failing this, at the embassy or consulate of the country in the Schengen area which represents Luxembourg with regard to the issuance of visas (Belgium or the Netherlands).

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, it should be renewed before coming to Luxembourg.

If the non-EU national has a valid residence permit for family members of an EU citizen or a valid residence permit issued by another EU Member State, the visa is not required.

Step 2: after entering the country

Declaration of arrival

Third-country nationals must come to Luxembourg with valid travel documents (passport and visa, where required) within 90 days of issuance of the temporary authorisation to stay.

Within 3 days of arrival in Luxembourg, they must make a declaration of arrival to the administration of the commune where they intend to take up residence, presenting:

  • a valid travel document (passport and, where applicable, a visa or a residence permit issued by another EU Member State);
  • the original individual 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.

The copy of the declaration of arrival together with the authorisation to stay are valid as a work and residence permit for a maximum period of 90 days from the date of declaration of arrival.

Medical check

Non-EU national workers wishing to stay in Luxembourg for more than 3 months must undergo a medical check for foreigners as soon as possible which consists in:

  • a medical examination by a doctor established in Luxembourg;
  • 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 Immigration Directorate (Direction de l'Immigration) of the Ministry of Foreign and European Affairs to allow the residence permit application to be processed.

Residence permit application

Third-country nationals wishing to stay for more than 90 days must apply for a residence permit for posted workers to the Immigration Directorate within 90 days of arrival in Luxembourg.

The following documents must be submitted together with the residence permit application:

  • a copy of the authorisation to stay;
  • a copy of the declaration of arrival issued by the communal administration;
  • proof of suitable housing (rental agreement, property deed, etc.);
  • proof of payment of a fee of EUR 80 tax to the account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: ministère des Affaires étrangères, Direction de l'Immigration; Communication: titre de séjour dans le chef de 'insert your name here').
  • the medical certificate (submitted by the Immigration medical department - SMI).

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 Immigration Directorate of the Ministry of Foreign and European Affairs during opening hours. The applicant will have his 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 residence permit in person at the Immigration Directorate. The exact date will be communicated to the applicant at the time the biometric data are being collected.

The residence permit takes the form of a chip card containing the biometric data. It also contains the work permit.

Period of validity and renewal

Validity period of the residence permit

The residence permit for 'seconded workers' is only valid:

  • for the duration of the posting at the most;
  • for the employer who applied for the posting authorisation.

If the posted worker wishes to carry out another activity than the one he was posted for, he must apply for a residence permit for third-country national salaried worker.

Renewal procedure

The posting business must submit a duly justified application for renewal to the Immigration Directorate at the latest 2 months before the authorisation for posted work expires and attach:

  • the indication of the duration of the posting;
  • the justification for the extension of posted work applied for;
  • a certified true copy of the appendix to the contract concluded between the posting business and the recipient of the services.
It is only under duly justified exceptional circumstances that an extension can be granted and only if the original provision of services could not be terminated within the initial deadline.

The posting business must also apply for the renewal of the authorisation to stay of the posted workers. The application for renewal must be submitted to the Immigration Directorate at the latest 2 months prior to the expiry of the residence certificate accompanied by:

  • a certified copy of the valid passport, in its entirety;
  • a copy of the permanent employment contract duly dated and signed by the posted worker and the posting business;
  • a social security registration certificate issued in the country of origin or Luxembourg;
  • a recent extract from the criminal record in Luxembourg;
  • proof of payment of a fee of EUR 80 tax to the account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: ministère des Affaires étrangères, Direction de l'Immigration; Communication: titre de séjour dans le chef de 'insert your name here').

Loss, theft or damage to the residence permit

In case of loss, theft or damage to the residence permit, a specific procedure needs to be carried out.

Who to contact

Ministry of Foreign and European Affairs
26, route d'Arlon
L-1140 - Luxembourg
Postal box B.P. 752 L-2017 Luxembourg
Luxembourg
Phone: (+352) 247-84040 (from 14.00 to 16.00)
Fax: (+352) 22 16 08
Email immigration.public@mae.etat.lu

Opening hours
Information desk: Mon.-Fri. from 8.30 to 12.00 / Application for and issuance of residence permits (only by appointment): Mon.-Fri. from 8.30 to 12.00 and from 13.00 to 16.00