Vos questions

Information for British citizens residing in Luxembourg

I am a British citizen in possession of a registration certificate in Luxembourg. Why will I need a new residence document once the United Kingdom leaves the European Union?

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.

Do I need to register or submit a special application to get the new residence document?
I am a British citizen and I live and work in Luxembourg. Will I need a special permit to continue working in Luxembourg after Brexit?

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.

I am a British citizen and I work in Luxembourg, but live in France. Will I be allowed to continue working in Luxembourg after Brexit?

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:

I am married to a British citizen and I am a third country national (non-EU and non-UK). Will I be allowed to stay in Luxembourg after Brexit?

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:

I am married to a British citizen and am, myself, a citizen of another EU Member State. Will I be allowed to stay in Luxembourg after Brexit?

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.

I am a British national but also have the nationality of another EU Member State. Do I have to take any steps to obtain a new residence document?

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.

I am a British citizen and I work in Luxembourg on 31 December 2020. What will happen to my social security affiliation after that date?

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. As such, they continue to be covered for:

  • healthcare;
  • illness;
  • long-term care;
  • work-related accidents or illnesses;
  • pension;
  • family allowances.
I am a British national and intend to settle in Luxembourg after 31 December 2020. What are the procedures to follow?

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.

I am a family member of a British national residing in Luxembourg whom I would like to join after 31 December 2020. What are the procedures to follow?

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.

After the United Kingdom’s withdrawal from the EU, what conditions will apply for the movement of British citizens between United Kingdom and Luxembourg?

Introduction of temporary entry restrictions in the context the COVID-19 pandemic

After the end of the transition period on 31 December 2020, the United Kingdom will be considered a third country as regards the temporary restrictions on non-essential travel to the EU. These restrictions have been put in place at EU Member State-level as part of the fight against the COVID-19 pandemic.

Currently, the United Kingdom does not figure on the list of third countries whose residents are exempt from temporary restrictions on non-essential travel to the EU.

As such, third-country nationals residing in the United Kingdom, including UK nationals who do not fall under the provisions of the Withdrawal Agreement, will be subject to temporary entry restrictions to the territory of the Grand Duchy of Luxembourg from 1 January 2021.

However, certain categories of third-country nationals residing in the United Kingdom will still be able to travel to Luxembourg. This applies to, inter alia, people travelling for urgent and duly justified family reasons, short-term visits by people whose life partner resides in Luxembourg, and highly qualified workers.

The above-mentioned categories of persons must have a specific certificate issued in advance by the Luxembourg authorities. This request must be submitted by e-mail to the Passport, Visa and Legalisation Office (service.visas@mae.etat.lu) of the Ministry of Foreign and European Affairs, or to the Embassy of the Grand Duchy of Luxembourg in London (londres.amb@mae.etat.lu).

Moreover, in the context of the temporary restrictions at the external borders, certain categories of persons are subject to the obligation to present the negative result of a diagnostic test for SARS-CoV-2 viral RNA.

A list of all the exemptions provided for, as well as the exact details of the prior steps to be taken, can be consulted by following this link.  

In addition, it is pointed out that specific measures have 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, for as long as they apply, are in addition to the rules established in the context of the temporary restrictions on non-essential travel to the EU and apply to all travellers coming from the UK on a scheduled passenger flight, irrespective of the nationality of the persons concerned.

After the end of the transition period on 31 December 2020, what will the arrangements be for Luxembourg nationals traveling between the United Kingdom and Luxembourg?

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.

Please note that according to the UK Government's indications it will no longer be possible for citizens of the European Union, the European Economic Area and Switzerland to enter the UK solely with an identity card from 1 October 2021. From that date onwards, Luxembourg nationals will therefore be required to carry a valid passport.

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).

What impact will the end of the transition period have on my mobile subscription with regard to roaming charges?

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.

Will the United Kingdom’s withdrawal from the EU have an impact on British nationals in terms of acquiring Luxembourg nationality?

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.

I am a British citizen and I live and work in Luxembourg on 31 December 2020. I currently receive family benefits for my children who live with me. Will I continue to receive family benefits after 31 December 2020?

Yes.

British citizens in this situation will continue to receive family benefits under the same conditions as before.

I am a British citizen and I live and work in Luxembourg on 31 December 2020. I currently receive family benefits by the Luxembourg Children Future Fund (Caisse pour l’avenir des enfants) for my children, who reside in the United Kingdom with my unemployed spouse. Will I continue to receive family benefits after 31 December 2020?

Yes, you will continue to be entitled to family benefits after the transition period if your situation does not change.

I live in Luxembourg with a valid driving licence issued by the United Kingdom. Am I still able to use my UK driving licence after the end of the transition period (31 December 2020)?

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.

I hold a valid UK driving licence and I plan to travel to Luxembourg as part of my vacation or business trip. Am I still able to use my UK driving licence after the end of the transition period (31 December 2020)?

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.

I reside in the United Kingdom and I am covered by the British social security scheme. I intend to go on holiday to stay temporarily in Luxembourg after 31 December 2020. Will I be entitled to healthcare in Luxembourg in case I get sick or have an accident?

The Trade and Cooperation Agreement between the EU and the United Kingdom contains specific provisions on social security coordination. These provisions are currently under review and this site will be updated as soon as possible.

I am a British student in Luxembourg. What will happen to my healthcare coverage after 31 December 2020?

The Trade and Cooperation Agreement between the EU and the United Kingdom contains specific provisions on social security coordination. These provisions are currently under review and this site will be updated as soon as possible.

I work and reside in Luxembourg and I am covered by the Luxembourg social security scheme on 31 December 2020. My spouse, who is not employed, and my children reside in the United Kingdom. How will they be covered for healthcare in the United Kingdom after that date?

Your spouse and children have derived rights as members of the family for sickness benefits in kind on the basis of Regulation (EC) No. 883/2004.

They will therefore be able to continue to receive health care in the United Kingdom, at the expense of Luxembourg, after 31 December 2020, if the situation does not change.

I am receiving a pension from the United Kingdom only and I reside in Luxembourg on 31 December 2020. What will happen to my health care coverage?

In accordance with the provisions of the Withdrawal Agreement, the European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply to you.

Your health insurance cover and the conditions under which you are insured do not change.

You will be able to continue to receive health care in Luxembourg after 31 December 2020, at the expense of the United Kingdom, thanks to the S1 portable document issued to you by the competent British body, if your situation does not change.

I work and reside in the United Kingdom and I am covered by the British social security scheme on 31 December 2020. Could I go to Luxembourg to receive specific healthcare treatment required by my health condition after 31 December 2020?

The Trade and Cooperation Agreement between the EU and the United Kingdom contains specific provisions on social security coordination. These provisions are currently under review and this site will be updated as soon as possible

I work in the United Kingdom and I am covered by the British social security scheme, but I reside in Luxembourg on 31 December 2020. How will I be covered for healthcare after that date?

In accordance with the provisions of the Withdrawal Agreement, the European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply to you.

Your health insurance cover and the conditions under which you are insured do not change.

Thanks to the S1 portable document issued to you by the competent British body, you will be able to continue to receive health care in Luxembourg, at the expense of the United Kingdom, after 31 December 2020, if your situation does not change.

I work in Luxembourg and I am covered by the Luxembourg social security scheme but I reside in the United Kingdom on 31 December 2020. How will I be covered for healthcare after that date?

In accordance with the provisions of the Withdrawal Agreement, the European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply to you.

Your health insurance cover and the conditions under which you are insured do not change.

Thanks to the S1 portable document issued to you by the Luxembourg National Health Fund (Caisse nationale de santé – CNS), you will be able to continue to receive health care in the United Kingdom, at the expense of Luxembourg, after 31 December 2020, if your situation does not change.

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

I am receiving a pension from the United Kingdom and I reside in Luxembourg on 31 December 2020. Will I continue to receive my pension after that date?

Yes, the Withdrawal Agreement provides that rights acquired before the end of the transition period, i.e. 31 December 2020, cannot be called into question.

Your pension will therefore continue to be paid to you after 31 December 2020.

I have worked in Luxembourg and in the United Kingdom before 31 December 2020. Will my periods of employment in the United Kingdom be taken into account for the calculation of my Luxembourg pension?

Yes, in accordance with the provisions of the Withdrawal Agreement, the European regulations regarding social security coordination (No. 883/2004 and 987/2009) will continue to apply to you.

As provided for in these regulations, your periods of work in the United Kingdom will be taken into account in the calculation of your Luxembourg pension.

My child has British citizenship and attends a Luxembourgish public school. Will the United Kingdom’s withdrawal from the EU have an impact on his/her education?

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.

I bought products online from a company based in Luxembourg. This company transmits my purchase history to one of its subsidiaries in the United Kingdom for the purpose of its stock management. Is the Luxembourg company authorised to transfer my personal data to its UK subsidiary after the United Kingdom’s withdrawal?

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.

I bought products online from a company established in the United Kingdom. Will I have the same rights as currently under the General Data Protection Regulation after the United Kingdom’s withdrawal?

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.

I am employed in Luxembourg and regularly travel to the UK for professional reasons. In this context, my Luxembourg employer systematically sends my personal data (name, first name, telephone number, etc.) to an entity based in the United Kingdom, which is responsible for managing my work-related journeys. Will my employer have the right to continue to transfer my data after the United Kingdom’s withdrawal?

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.

I am a natural person holding shares in a Luxembourg investment fund. The financial institution which set up the investment fund, is established in the UK and wishes to receive my personal data for statistical purposes. Is the Luxembourg investment fund authorised to transfer my personal data to the UK financial institution after the United Kingdom’s withdrawal?

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.

I am a British citizen employed by the Luxembourg government. Will Brexit affect my job?

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.

I am a British citizen and I am planning to apply for a job with the Luxembourg State of a Luxembourg commune. Is Brexit likely to have an impact on my future employment?

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.

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