Vos questions

Information for British citizens residing in Luxembourg in the event of a "Deal Brexit"

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?

The registration certificate was issued pursuant to Directive 2004/38 on the free movement of persons, as were other residence documents issued to British citizens and their family members (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 remain valid until the end of the transition period and will be replaced by a new residence document in due course.

The new residence document will specify that its holder is covered by the Withdrawal Agreement, allowing him to exercise his specific rights deriving therefrom.

Do I need to register or submit a special application to get the new residence document?

No.

Provisions have been made for new residence documents to be issued automatically to British citizens and  their family members who already reside in Luxembourg before the United Kingdom's withdrawal from the EU.

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.

Under the terms of the Withdrawal Agreement, British citizens are entitled to work in a European Union Member State. British citizens will not need a specific permit to exercise that right in Luxembourg.

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 European Union Member State. 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 foreseen that British cross-border workers can request a document certifying their rights deriving from the Agreement after the transition period. The details will be set out at a later date.

I am married to a British citizen and am, myself, 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.

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

Yes.

A British citizen’s family member who is himself an EU citizen will continue to enjoy his right of residence as an EU citizen. No special formalities will be required, and their existing residence document (registration certificate or permanent residence permit) will remain valid until its replacement  by the new residence document before the end of the transition period.

I am a British citizen and I work in Luxembourg. What will happen to my social security affiliation during the transition period?

British citizens in this situation will continue to be affiliated as long as they work in Luxembourg. As such, they will continue to be covered for:

  • healthcare;
  • illness;
  • long-term care;
  • work-related accidents or illnesses;
  • pension;
  • family allowances.
I am a British citizen and I live and work in Luxembourg. I currently receive family benefits for my children who live with me. Will I continue to receive family benefits during the transition period?

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. I currently receive family benefits for my children, who reside in the United Kingdom with my unemployed spouse. Will I continue to receive family benefits during the transition period?

Yes.

British citizens in this situation will continue to receive family benefits under the same conditions as before, since European regulations continue to apply during the transition period.

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

No.

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, the Government intends for 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 to 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 or a Luxembourg commune. I am meant to be hired after the United Kingdom's withdrawal from the EU. Is Brexit likely to have an impact on my future employment?

No.

In the event the withdrawal agreement between the United Kingdom and the European Union enters into force, British citizens will be 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.

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.

After the United Kingdom’s withdrawal from the EU, what conditions will apply to British citizens who wish to travel between the United Kingdom and Luxembourg?

After the United Kingdom’s withdrawal, a transition period will enter into force, during wich and the current conditions will continue to apply. As such, British citizens will need to be in possession of a valid British passport. They will not be required to obtain a visa.

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 hold a valid UK driving licence and I plan to travel to Luxembourg as part of my vacation or business trip. Will I still be able to use my UK driving licence after Brexit?

Yes.

After the United Kingdom's withdrawal from the EU, a transition period will enter into force, during wich the current regulation will continue to apply. Your UK driving licence will continue to be recognised in Luxembourg, as well as in all other Member States of the European Economic Area during that period.

Given that 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 UK driving licence while travelling in Luxembourg even after the transition period.

I live in Luxembourg with a valid driving licence issued by the United Kingdom. Will I still be able to use my UK driving licence after Brexit?

Yes.

After the United Kingdom's withdrawal from the UE, a transition period will enter into force, during wich the current regulation will continue to apply. Your valid UK driving licence will continue to be recognised in Luxembourg, as well as in all other Member States of the European Economic Area until that date.

However, during the transition period, it is recommended that you exchange your UK driving licence for a Luxembourg one. The exchange procedure is detailled here.

I am covered by the British social security scheme. I intend to go on holiday to Luxembourg after the United Kingdom's withdrawal from the EU. Will I be entitled to healthcare in Luxembourg in case I get sick or have an accident?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

Upon presentation of your European Health Insurance Card you will continue to be entitled to healthcare treatment in Luxembourg under the same conditions as people insured under the Luxembourg social security scheme.

I am a British student in Luxembourg. What will happen to my healthcare coverage after the United Kingdom's withdrawal from the EU?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

Upon presentation of your European Health Insurance Card, you will continue to be entitled to necessary healthcare in Luxembourg , at the expense of the United Kingdom.

I work in Luxembourg and I am covered by the Luxembourg social security scheme. 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?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

They will continue to be entitled to healthcare in the United Kingdom at the expense of Luxembourg by means of the Portable Document S1 that has been issued to them by the Luxembourg Caisse nationale de santé.

I only have a British pension and I reside in Luxembourg. What will happen to my healthcare coverage?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

You will continue to be entitled to healthcare in Luxembourg at the expense of the United Kingdom by means of the Portable Document S1 that was issued to you by the competent British institution.

 

 

I am covered by the British social security scheme. Could I go to Luxembourg to receive specific healthcare treatment needed because of my health condition after the United Kingdom's withdrawal from the EU?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

You will continue to be entitled to healthcare in Luxembourg, at the expense of your British health insurance. In some cases, in particular in cases of hospitalization, prior authorization is required. If permission is granted, a Portable Document S2 will allow you to access healthcare treatment at the expense of the British institution.

I work in the United Kingdom and I am covered by the British social security scheme, but I reside in Luxembourg. How will I be covered for healthcare after the United Kingdom's withdrawal from the EU?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

Upon presentation of your European Health Insurance Card, you will continue to be entitled to healthcare in Luxembourg at the expense of the United Kingdom on the basis of the Portable Document S1 issued to you by the competent UK body.

I work in Luxembourg and I am covered by the Luxembourg social security scheme but I reside in the United Kingdom. How will I be covered for healthcare after the United Kingdom's withdrawal from the EU?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

You will continue to be entitled to healthcare in the United Kingdom at the expense of Luxembourg by means of the Portable Document S1 which was issued to you by the Caisse nationale de santé (National Health Fund) in Luxembourg. The healthcare received in Luxembourg is covered directly by the Caisse nationale de santé (National Health Fund).

I have a British pension and I reside in Luxembourg. Will I continue to receive my pension after the United Kingdom's withdrawal from the EU?

European regulations regarding social security coordination (No. 883/2004 and No. 987/2009) will continue to apply during the transition period.

According to these regulations, pensions are exported to the recipient’s country of residence and thus also to Luxembourg.

 

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

Your periods of employment in the United Kingdom will be taken into account for the calculation of the Luxembourg pension in accordance with the European regulations regarding social security coordination (No. 883/2004 and No. 987/2009).

I am a British national residing in Luxembourg. Will I be entitled to participate in the European elections on 26 May 2019?

If the United Kingdom is still a Member of the EU between 23 and 26 May 2019 and has not ratified the Withdrawal Agreement by 22 May 2019, it must hold elections to the European Parliament in accordance with Union law.

Therefore, provided that they are registered on the electoral roll in Luxembourg, British nationals will be able to participate in the European elections in Luxembourg.

However, if the United Kingdom ratifies the Withdrawal Agreement by 22 May 2019, the withdrawal will occur on the 1st day of the month following the completion of the ratification procedures and the United Kingdom will not participate in the European elections.

After the United Kingdom’s withdrawal from the EU, British nationals will no longer fulfil the nationality requirement of the electoral law of 18th February 2003 (as amended), namely being a national of an EU Member state. Thus, they will lose their voting right in the European elections.

I am a British national residing in Luxembourg and I have the nationality of another EU Member State (non-UK). Will I be entitled to participate in the European elections on 26th May 2019?

Yes.

Under the electoral law of 18th February 2003 (as amended), nationals of EU Member States residing in Luxembourg may participate in the European elections either in their country of origin or in Luxembourg.

Thus, provided you are registered on the Luxembourg electoral rolls, you will be able to participate in the European elections in Luxembourg. Further information on registration procedures are available here.

Please note that if you were already registered on the electoral roll in Luxembourg for the previous European elections, your registration on the electoral roll is maintained automatically.

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 will continue 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 will be 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.

In case of an agreement, the European regulation will continue 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.

In case of an agreement, the European regulation will continue 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 may 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.

In case of an agreement, the current European regulation will continue 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 may continue to transfer the data subject’s personal data to the financial institution, at least until the end of the transition period.

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