Brexit

Pursuant to Directive 2004/38 on the free movement of persons, the registration certificate was issued to British citizens and their family members, as were other residence documents issued (permanent residence certificate, residence permit and permanent residence permit).

However, after the United Kingdom’s withdrawal from the EU, the right of residence of British citizens and their family members will no longer derive from Directive 2004/38, but from the Withdrawal Agreement.

Your residence document issued before the United Kingdom’s withdrawal from the EU will be replaced by a new residence document valid from the end of the transition period. The exact details on the replacement procedure are available in the following explanatory text:

The new residence document will specify that its holder is covered by the Withdrawal Agreement, which will allow them to exercise the specific rights that derive therefrom.

The exact details of the replacement procedure are available in the following explanatory text:

No.

British citizens will not need a specific permit to exercise the right to work in Luxembourg, as they are entitled to work in any EU Member State under the terms of the Withdrawal Agreement.

Yes.

Under the Withdrawal Agreement, British citizens will continue to enjoy the right to engage in a professional activity as a cross-border worker in a EU Member State after the end of the transition period, if the paid activity started before the end of the transition period. The Withdrawal Agreement defines a cross-border worker as a person who works in one Member State and lives in another Member State, to which they return every day or at least once a week.

In Luxembourg, it is anticipated that those concerned can request a document certifying their rights deriving from the Agreement after 31 December 2020. The exact details are available in the following explanatory text:

Yes.

A third country national who is a family member of a British citizen covered by the Withdrawal Agreement will also benefit from the rights deriving from the Withdrawal Agreement. They will continue to enjoy their right of residence in Luxembourg after Brexit, for as long as they fulfill the conditions for recognition as a family member of a British citizen. They will keep that right even after the end of the transition period.

However, they must dispose of a new residence document attesting their status as beneficiary of the Withdrawal Agreement and which replaces their current residence document (residence permit, permanent residence permit).

The exact details of the replacement procedure are available in the following explanatory text:

Yes.

A British citizen’s family member who is an EU citizen will continue to enjoy the right of residence.

As the family member can avail themselves of their right of residence as an EU citizen, their current residence document (registration certificate or certificate of permanent residence) remains valid and they are not obliged to apply for a new document.

However, since the family member is also a beneficiary of the Withdrawal Agreement, they can apply for a new residence document to be issued in this capacity if they so wish.

No, not necessarily.

British nationals, who hold dual nationality [British nationality and a nationality of a EU Member State or of one of the other states that have acceded to the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein) or of the Swiss Confederation)], may avail themselves of the rights deriving from their second nationality and are not obliged to request a new document.

However, since the persons holding dual nationality are also beneficiaries of the Withdrawal Agreement, they can apply for a new residence document to be issued in this capacity if they so wish.

Persons working in Luxembourg are covered by social security regardless of their nationality. British citizens in this situation remain covered by the Luxembourg social security so long as they work in Luxembourg and are covered for:

• health care;
• sickness;
• long-term care;
• work-related accidents or illnesses;
• pension;
• family benefits.

British nationals who do not meet the conditions to be considered a beneficiary of the Withdrawal Agreement must follow the procedures applicable to third country nationals to stay in Luxembourg. Information on the procedures to follow is available in the explanatory texts in the "Immigration" section.

The family member who is himself a UK national or a national of another third country must check whether he or she meets the conditions to be considered a beneficiary of the Withdrawal Agreement. Detailed information on the applicable conditions is available in the following explanatory text:

If the family member does not meet the conditions to be considered a beneficiary of the Withdrawal Agreement, he or she must follow the procedures applicable to third-country nationals with a view to staying in Luxembourg. Information on the procedures to follow is available in the explanatory texts in the "Immigration" section.

If the family member holds the nationality of a EU Member State or of one of the other states, which have acceded to the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein) or the Swiss Confederation, he/she may avail himself/herself of the rights deriving from that nationality.

Since 1 January 2021, Luxembourg nationalsneed to be in possession of a valid passport or identity card. No visa is required for leisure travel (such as tourist or family visits), as long as the duration of the trip is less than 6 months.

However, the possibility of using identity cards will be maintained until 2025 for Luxembourg nationals who reside in the United Kingdom on 31 December 2020 and who hold either "settled" status or "pre-settled" status.

It should be noted that specific measures have also been put in place for passengers returning from the United Kingdom following the lifting of the temporary suspension of scheduled passenger flights on 23 December 2020. These specific measures, as long as they are applicable, apply to all passengers arriving from the United Kingdom on a scheduled passenger flight, regardless of the nationality of the persons concerned.

Similarly, in the context of the COVID-19 pandemic, specific conditions currently apply to travelers to the United Kingdom.

For further information, interested parties may contact the competent authorities in the United Kingdom, as well as the Embassy of the Grand Duchy of Luxembourg in London (Email: londres.amb@mae.etat.lu | Phone: (+44-20) 7235 6961).

From 1 January 2021, roaming providers (i.e., the national provider of mobile communication services - voice, SMS or data calls) operating in the European Union will be entitled to charge their roaming customers additional roaming charges.

In principle, EU law on roaming services prohibits any provider of roaming services in the EU from imposing additional charges, over and above the national retail price, on customers travelling within the EU.

However, following the end of the transition period on 31 December 2020, this obligation will no longer apply either to roaming providers operating in the EU when their customers roam in the UK or to roaming providers operating in the UK when their customers roam in the EU. Providers will have to inform their roaming customers of the applicable roaming charges for the services provided.

Providers will nevertheless remain free to continue to apply the current tariffs to their customers.

No.

The United Kingdom’s withdrawal from the EU will not affect the conditions applicable to British nationals wishing to acquire Luxembourg nationality. 

You will find the conditions for acquiring Luxembourg nationality under this link.

Yes.

British citizens in this situation are entitled to family benefits under the same conditions as Luxembourg citizens.

Yes, you are protected by the provisions of the Withdrawal Agreement between the European Union and the United Kingdom and will continue to receive family benefits under the same conditions as long as your situation does not change.

Yes, but only for a certain period of time. Until 31 December 2021 (final deadline), the valid driving license must be transcribed to a Luxembourg driving license. After this date, a test will become mandatory to obtain a Luxembourg driving license by transcription. Licenses that have not been transcribed by the end of this period will no longer be considered valid for driving a vehicle in Luxembourg.

Persons holding a British driving license who settle in Luxembourg on or after 1 January 2021 must have their license transcribed within 12 months (after having lived for in Luxembourg 6 months). After this period, the license will no longer be valid for driving in Luxembourg and a transcription requires the successful completion of a test.

Yes.

Since the United Kingdom is, like Luxembourg, a contracting party to the Vienna Convention on Road Traffic of 8 November 1968, you will be able to continue using your valid British driving licence while travelling in Luxembourg, also after 31 December 2020.

Under the Trade and Cooperation Agreement between the EU and the UK, you will be able to receive any care you need while you are in Luxembourg. To do this, you will need to present the health insurance card issued to you by your British insurer depending on your situation:

• EHIC (European Health Insurance Card);
• CRA EHIC;
• Student EHIC;
• GHIC (Global Health Insurance Card);

to the health care provider in Luxembourg.

This will enable you to receive the necessary care under the same conditions as an insured person under the Luxembourg scheme.

Under the Trade and Cooperation Agreement between the EU and the UK, you will be able to receive any care you need while you are studying in Luxembourg. To do this, you will need to present the health insurance card issued to you by your British insurer, depending on your situation:

• EHIC (European Health Insurance Card);
• Student EHIC;
• GHIC (Global Health Insurance Card).

This will enable you to receive the necessary care under the same conditions as an insured person under the Luxembourg scheme.

In accordance with the provisions of the Trade and Cooperation Agreement between the EU and the UK, your spouse and children are entitled to health care in the United Kingdom, at the expense of Luxembourg, provided that they register with the competent British body using the insurance certificate (S1) issued by the Luxembourg National Health Fund (Caisse nationale de santé – CNS).

If you were in this situation on 31 December 2020, the S1 portable document issued to you by the Luxembourg National Health Fund (Caisse nationale de santé – CNS) remains valid and you have no further steps to take if your situation does not change.

In accordance with the provisions of the Trade and Cooperation Agreement between the EU and the UK, you are entitled to health care in Luxembourg at the expense of the United Kingdom, provided you register with the Luxembourg National Health Fund (Caisse nationale de santé – CNS) using the certificate of insurance (S1) issued by the competent British body.

If you were in this situation on 31 December 2020, the S1 portable document issued to you by the competent British body remains valid and you do not need to complete any further steps if your situation does not change.

Under the Trade and Cooperation Agreement between the EU and the UK, you can travel to Luxembourg to receive care required for by your health condition if you have prior authorisation from your British insurer.

In accordance with the provisions of the Trade and Cooperation Agreement between the EU and the UK, you can receive health care in Luxembourg at the expense of the United Kingdom, provided you register with the Luxembourg National Health Fund (Caisse nationale de santé – CNS) using the insurance certificate issued to you by the competent British body.

If you were in this situation on 31 December 2020, the S1 portable document issued to you by the competent British body remains valid and you have no further steps to take if your situation does not change.

In accordance with the provisions of the Trade and Cooperation Agreement between the EU and the UK, you can receive health care in the United Kingdom at the expense of Luxembourg, provided you register with the competent British body using the insurance certificate (S1) issued by the Luxembourg National Health Fund (Caisse nationale de santé – CNS).

As of 1 January 2021, and in accordance with the EU-UK Trade and Cooperation Agreement, all third-country nationals, including EU citizens, must pay an immigration health surcharge as a condition of their visa to stay in the United Kingdom for more than 6 months.

However, the EU-UK Trade and Cooperation Agreement provides for the possibility of reimbursement of this surcharge if the benefits in kind are covered by an EU country.

Holders of an EU-issued S1 document registered with the relevant institution in the United Kingdom (NHSBSA) are therefore entitled to reimbursement.

The amounts reimbursed will be proportional to the validity period of the S1 document.

Applications for reimbursement for S1 holders opened on 1 January 2021 and, unless otherwise advised by the UK authorities, should be sent to the following address:

NHSBSA

Overseas Healthcare Services

NHS Business Services Authority

Bridge House

152 Pilgrim Street

Newcastle upon Tyne

NE1 6SN

Email: nhsbsa.faregistrationsohs@nhs.net

Telephone: +44 191 218 1999

If you were in this situation on 31 December 2020, the S1 portable document issued to you by the National Health Fund (CNS) and given to the relevant institution in the United Kingdom remains valid and you have no further steps to take if your situation does not change.

Health care obtained in Luxembourg will continue to be paid for directly by the National Health Fund (CNS).

Yes.

Under the provisions of the Trade and Cooperation Agreement between the EU and the UK, your pension will continue to be paid to you after 31 December 2020.

Yes.

In accordance with the provisions of the Trade and Cooperation Agreement between the EU and the UK, your periods of work in the United Kingdom will be taken into account in the calculation of your Luxembourg pension.

Yes.

In accordance with the provisions of the Trade and Cooperation Agreement between the EU and the UK, your periods of work in Luxembourg will be taken into account in the calculation of your old-age pension in the United Kingdom.

In accordance with the provisions of the Trade and Cooperation Agreement between the EU and the UK, you are entitled to health care in Luxembourg at the expense of the United Kingdom, provided you register with the Luxembourg National Health Fund (Caisse nationale de santé – CNS) using the certificate of insurance (S1) issued by the competent British body.

If you were in this situation on 31 December 2020, the S1 portable document issued to you by the competent British body remains valid and you do not need to complete any further steps if your situation does not change.

No.

The United Kingdom’s withdrawal from the EU will not affect the education of British children living in Luxembourg and enrolled in Luxembourg’s public schools.

According to Article 2 of the law of 6 February 2009 on compulsory schooling, every child of the age of three or over and living in Luxembourg has the right to a school education, which, supplementing the action of his family, contributes to his/her education.

Yes.

Until the end of the transition period, the European regulation continues to apply.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. As such, anyone who decides to process a data subject’s personal data, is obliged to inform the data subject of :

• their identity;
  
• the purpose of collecting data and whether the provision of the data is mandatory or optional;
  
• the recipients of the data;
  
• the rights granted to the data subject under the General Data Protection Regulation;
  
• any transfers of data to a country outside the European Union.
  

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

Consequently, and subject to compliance with the general principles of the General Data Protection Regulation, including the right to information detailed above, the Luxembourg company is able to continue to transfer the data subject’s personal data to its UK subsidiary, at least until the end of the transition period.

Yes.

The European regulation continues to apply until the end of the transition period. Therefore, the data subject will have the same rights as currently, at least until the end of the transition period.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. For example, anyone who decides to process a data subject’s personal data, is obliged to inform the data subject of :

• their identity;
  
• the purpose of collecting data and whether the provision of the data is mandatory or optional;
  
• the recipients of the data;
  
• the rights granted to the data subject under the General Data Protection Regulation;
  
• any transfers of data to a country outside the European Union.

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

Yes.

The European regulation continues to apply until the end of the transition period.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. For example, anyone who decides to process a data subject’s personal information, is obliged to inform the data subject of :

• their identity;
  
• the purpose of collecting data and whether the provision of the data is mandatory or optional;
  
• the recipients of the data;
  
• the rights granted to the data subject under the General Data Protection Regulation;
  
• any transfers of data to a country outside the European Union.

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

Consequently, and subject to compliance with the general principles of the General Data Protection Regulation, including the right to information detailed above, the Luxembourg employer can continue to transfer the data subject’s personal data to its UK entity, at least until the end of the transition period.

Yes.

The current European regulation continues to apply until the end of the transition period.

In addition, the data subject has certain rights under the General Data Protection Regulation, including the right to information. For example, anyone who decides to process a data subject’s personal information, is obliged to inform the data subject of :

• their identity;
  
• the purpose of collecting data and whether the provision of the data is mandatory or optional;
  
• the recipients of the data;
  
• the rights granted to the data subject under the General Data Protection Regulation;
  
• any transfers of data to a country outside the European Union.

The controller must provide these elements in plain and clear language when personal data are collected or, at the latest, within one month following the data collection, if the data are not collected directly from the data subject.

Consequently, and subject to compliance with the general principles of the General Data Protection Regulation, including the right to information detailed above, the investment fund can continue to transfer the data subject’s personal data to the financial institution, at least until the end of the transition period.

By way of derogation from Article 40, section 1, item a) of the amended law of 16 April 1979 establishing the general status of public servants, civil servants, trainee civil servants and government employees of British nationality which are employed on the eve of the United Kingdom's withdrawal from the EU on 31 January 2020 keep their jobs and retain their rights and responsibilities after the United Kingdom’s withdrawal from the European Union.

Following the entry into force of the Withdrawal Agreement between the United Kingdom and the European Union on 1 February 2020, British citizens are able to access civil service jobs with either the State or the communes under the same conditions and with the same rights as EU citizens.

This employment scenario will only be available until the end of the transition period, i.e. until 31 December 2020.

British citizens employed in the public administration on that date will retain their status as well as their rights and duties after the United Kingdom's withdrawal from the European Union.