Vos questions

Information for British citizens residing in Luxembourg in the event of a "No Deal Brexit"

I am a British citizen and I reside in Luxembourg. Will I be allowed to stay in Luxembourg after Brexit?

Yes.

The Luxembourg Government has decided that all British citizens and their family members who are resident in Luxembourg when Brexit occurs will retain their right to reside in Luxembourg after the United Kingdom's withdrawal from the EU on the strength of the residence documents issued to them as EU citizens.

These documents will remain valid for one year after the withdrawal date.

British citizens will need to obtain a residence permit before the end of this one-year period and, accordingly, will need to submit a residence permit application at the latest 3 months before the end of the abovementioned period, i.e. 9 months after the withdrawal date. The application conditions and procedure will be announced at a later date.

British citizens will be considered third country nationals after the United Kingdom's withdrawal from the EU. This means that the rights deriving from that right to reside in Luxembourg will no longer be the same as those which they enjoyed as EU citizens.

I am a British citizen and I reside in Luxembourg. What conditions do I need to satisfy to obtain a residence permit after Brexit?

The Luxembourg Government has decided to simplify the formalities for issuing residence permits to British citizens residing in Luxembourg when Brexit occurs. The details of these simplified procedures and applicable conditions will be announced at a later date.

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?

British citizens residing in Luxembourg when Brexit occurs will be authorised to reside in Luxembourg after the United Kingdom's withdrawal from the EU on the strength of their current residence document, which was issued in the context of the free movement of persons.

They will be allowed to continue working (as an employee or self-employed worker) on the strength of their current employment contract or business permit.

However, as they will be considered third country nationals, these people will be subject to the entry and residence rules that apply to third country nationals, as set out in the amended law of 29 August 2008 on the free movement of persons and immigration.

The persons concerned will be issued a residence permit allowing them to continue working in their capacity as an employee or self-employed worker.

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

British citizens residing in another Member State and working in Luxembourg will need to obtain a special work permit.

In order to enable the persons concerned to continue their professional activity without interruption, it is planned that this permit will be issued to them under simplified conditions.

The exact conditions will be announced at a later date.

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

Yes.

Family members of a British citizen who are, themselves, nationals of a third country, and who are already resident in Luxembourg when Brexit occurs, will be allowed to continue living in Luxembourg after the United Kingdom's withdrawal on the strength of their current residence document (temporary or permanent residence permit).

However, their rights deriving from that right to reside in Luxembourg will no longer be the same as those which they enjoyed as family members of an EU citizen.

These people will need to obtain a residence permit as third-country national at the latest one year after the withdrawal date and, accordingly, will need to submit a residence permit application at the latest 3 months before the end of the one-year period. The application conditions and procedure will be announced at a later date.

 

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.

Family members of a British citizen who are, themselves, EU citizens will continue to enjoy their right of residence in their capacity as EU citizens. They will not be required to complete any specific formalities, and their current residence document (registration certificate or permanent residence permit) will remain valid.

In this case, British citizens will enjoy the right to reside in Luxembourg as the family member of an EU citizen. The British citizens concerned will need to apply for a family member residence permit.

The conditions applicable to British citizens residing in Luxembourg when Brexit occurs wishing to apply for a will be announced at a later date.

 

I am a British citizen and I work in Luxembourg. What will become of my registration with the Luxembourg social security services after the United Kingdom's withdrawal from the EU?

As a worker in Luxembourg, according to Luxembourg law, British citizens in this situation will continue to be registered with the Luxembourg social security services.

As such, they will continue to be covered for:

  • healthcare services;
  • 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 the family benefits after the United Kingdom's withdrawal from the EU?

Given that European regulations will no longer apply after the United Kingdom's withdrawal from the UE, Luxembourg law will apply.

Luxembourg law provides that family benefits are paid provided that the child giving rise to the entitlement to family benefits actually resides in Luxembourg on an ongoing basis and is legally domiciled there.

I am a British citizen and I live and work in Luxembourg. I currently receive family benefits for my children, who reside in the UK with my unemployed spouse. Will I continue to receive the family benefits after the United Kingdom's withdrawal from the EU?

Given that European regulations will no longer apply after the United Kingdom's withdrawal from the EU, Luxembourg law will apply.

Luxembourg law provides that family benefits are paid provided that the child giving rise to the entitlement to family benefits actually resides in Luxembourg on an ongoing basis and is legally domiciled there.

In principle, therefore, the family benefits will not be paid for children residing in the United Kingdom.

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 tue 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 EU.

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

If the withdrawal agreement between the United Kingdom and the European Union does not enter into force, British citizens will no longer be able to obtain civil servant status or state employee status, be it with the State or the communes as defined by Luxembourg law.

However, they may still be hired as employees under private law where the budget law provides, for a given year and where necessary, for the recruitment of third-country nationals in the services of the State.

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?

If the Withdrawal Agreement is not ratified, the regulation currently in force will cease to apply after the United Kingdom's withdrawal from the EU.

British citizens will need to be in possession of a passport and may be subject to visa requirements.

However, on 13 November 2018, the European Commission published a proposal for a regulation exempting British citizens travelling to the Schengen Area from visa requirement for stays of up to 90 days in any 180-day period, subject to the United Kingdom subject to the United Kingdom granting reciprocal visa-free travel to Schengen area nationals.

 

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 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.

However, if the Withdrawal Agreement is not ratified, the European regulation currently in force will cease to apply after the United Kingdom's withdrawal from the EU. Accordingly, your UK driving licence will be considered as having been issued by a third country to the European Economic Area.

As such, your valid UK driving licence must be converted into a Luxembourg one within 12 months oh the withdrawal date. Driving licences corresponding to categories A and B will be converted without further formalities. Holders of category C and D licences must pass a practical driving test in order to convert their driving licences. The precise terms of conversion are detailed here.  

Please note that it is also possible to exchange your UK driving licence for a Luxembourg one before the United Kingdom's withdrawal from the EU. In this case, holders of category C and D licences will not need to take a practical driving test in order to exchange their driving licences. The precise terms of exchange are detailed here.

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.

If the Withdrawal Agreement is not ratified, the European regulation currently in force will cease to apply after the United Kingdom's withdrawal from the EU.

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 UK driving licence during your travels in Luxembourg after tue United Kingdom's withdrawal from the EU.

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?

As European regulations will no longer be applicable after the United Kingdom's withdrawal from the EU, the provisions applicable will depend on national legislation.

You will have to pay the Luxembourg healthcare provider for his services. The British legislation will determine if those expenses are subject to a refund by your British institution.

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

As European regulations will no longer be applicable after the United Kingdom's withdrawal from the EU, the provisions applicable will depend on national legislation.

Under Luxembourg legislation, you will be subject to the mandatory healthcare insurance in Luxembourg, unless you are already insured elsewhere, for instance in the United Kingdom.

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?

As European regulations will no longer be applicable after the United Kingdom's withdrawal from the EU, the provisions applicable will depend on national legislation.

Your healthcare coverage in the United Kingdom will depend on British legislation. As you are covered by the Luxembourg social security scheme through your work, healthcare treatment received in Luxembourg will continue to be covered by the Caisse nationale de santé (National Health Fund).

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?

As European regulations will no longer be applicable after the United Kingdom's withdrawal from the EU, the provisions applicable will depend on national legislation.

Your family’s healthcare coverage will depend on British legislation.

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?

As European regulations will no longer be applicable after the United Kingdom's withdrawal from the EU, the provisions applicable will depend on national legislation.

Your healthcare coverage will depend on British legislation.

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 29 March 2019?

As European regulations will no longer be applicable after 29 March 2019, the provisions applicable will depend on national legislation.

In order to be covered for healthcare in Luxembourg, you can apply for voluntary insurance via the voluntary health insurance and pay contributions in this regard.

The application must be submitted to the Centre Commun de la Sécurité Sociale on 30 June 2019 at the latest.

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

As European regulations will no longer be applicable after the United Kingdom's withdrawal from the EU, the provisions applicable will depend on national legislation.

You may apply for the Luxembourg voluntary healthcare insurance and pay contributions in this regard. The application must be submitted to the Centre Commun de la Sécurité Sociale 3 months after the withdrawal date at the latest.

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?

As European regulations will no longer be applicable after the United Kingdom's withdrawal from the EU, the provisions applicable will depend on national legislation.

Please contact your pension fund in the United Kingdom for further information.

 

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?

Unilateral measures have been taken in order to take into account your periods of employment in the United Kingdom prior to the United Kingdom's withdrawal from the EU for the calculation of your Luxembourg pension.

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?

In the absence of a Withdrawal Agreement, the European regulation will cease to apply in the United Kingdom after the United Kingdom’s withdrawal. This means that the United Kingdom will be considered a third country within the meaning of the General Data Protection Regulation.

In relation to the Luxembourg company, the rights to which the data subject is entitled under the General Data Protection Regulation, including the right to information, are maintained. 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.

The Luxembourg company must therefore inform the data subject of the transfer of his/her personal data to its UK subsidiary and of the legal basis on which the transfer is based.

Finally, subject to compliance with the general principles of the General Data Protection Regulation, including the right to information, the Luxembourg company, in order to transfer personal data to its UK subsidiary lawfully and in the absence of a formal adequacy decision by the European Commission, must base the transfers on one of the legal mechanisms provided for by the General Data Protection Regulation. For example, the Luxembourg company may use standard data protection clauses. These are model contracts for the transfer of personal data adopted by the European Commission. The use of such clauses offers an appropriate level of protection for the data subject’s personal data for such a transfer, as the UK subsidiary of the Luxembourg company running the website will have to respect the data protection obligations contained in these clauses.

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?

In the absence of a Withdrawal Agreement, the current European regulation will cease to apply in the United Kingdom after the United Kingdom’s withdrawal. This means that the United Kingdom will be considered a third country within the meaning of the General Data Protection Regulation. The national legislation of the United Kingdom will, in principle, become applicable.

In addition, the UK data protection authority has clarified that the UK Government intends to adopt a law similar to the General Data Protection Regulation, in the event of a “no deal” Brexit.

The data subject will also be able to lodge a complaint with the National Commission for Data Protection (CNPD) in the event of a dispute with the controller, which the CNPD will then forward to its British counterparts.

If necessary, the CNPD could be competent in this case on the basis of an indirect application of the General Data Protection Regulation.

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?

In the absence of a Withdrawal Agreement, the European regulation will cease to apply in the United Kingdom after the United Kingdom’s withdrawal. This means that the United Kingdom will be considered a third country within the meaning of the General Data Protection Regulation.

The rights to which the data subject is entitled under the General Data Protection Regulation, including the right to information, continue to apply with respect to his/her Luxembourg employer. 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.

The Luxembourg employer must therefore inform the data subject of the transfer of its personal data to the entity established in the United Kingdom and of the legal basis on which the transfer is based.

As such, subject to compliance with the general principles of the General Data Protection Regulation, including the right to information, the Luxembourg employer, in order to transfer personal data to its UK entity lawfully and, in the absence of a formal adequacy decision by the European Commission, must base the transfer on one of the legal mechanisms provided for by the General Data Protection Regulation. For example, the Luxembourg employer may use standard data protection clauses. These are model contracts for the transfer of personal data adopted by the European Commission. The use of such clauses offers an appropriate level of protection of the data subject’s personal data for such a transfer, as the UK entity in charge of managing the data subject’s business travel will have to respect the data protection obligations contained in these clauses.

However, should occasional business trips be carried out in the framework of a work contract, the transfer may take place on a different legal basis, i.e. on the basis of one of the derogations provided for by the applicable legislation in force (for example, if the data subject’s employer can justify that this transfer is necessary to fulfill the obligations of said work contract). However, this does not exempt the data subject’s employer from providing the former with the information referred to above.

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?

In the absence of a Withdrawal Agreement, the European regulation will cease to apply in the United Kingdom after United Kingdom’s withdrawal. This means that the United Kingdom will be considered a third country within the meaning of the General Data Protection Regulation after it leaves the EU.

In relation to the Luxembourg investment fund, the rights to which the data subject is entitled under the General Data Protection Regulation, including the right to information, are maintained. 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.

The Luxembourg investment fund must therefore inform the data subject of the transfer of its personal data to the financial institution established in the UK and of the legal basis on which the transfer is based.

Finally, subject to compliance with the general principles of the General Data Protection Regulation, including the right to information, the Luxembourg investment fund, in order to transfer personal data to the UK financial institution lawfully and in the absence of a formal adequacy decision by the European Commission, must base the transfers on one of the mechanisms provided for by the General Data Protection Regulation. For example, the Luxembourg investment fund may use standard data protection clauses. These are model contracts for the transfer of personal data adopted by the European Commission. The use of such clauses offers an appropriate level of protection for the data subject’s personal data for such a transfer, as the UK financial institution will have to respect the data protection obligations contained in these clauses.

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