Vos questions

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

I am a Luxembourg citizen and I work/study in the United Kingdom. Who can I contact for information on my right to reside and work after Brexit?

After the United Kingdom's withdrawal from the EU, the British Government will be the only competent authority in matters relating to the right to live and work in the United Kingdom. European law will no longer apply.

Luxembourg nationals are advised to visit the website of the Embassy of the Grand Duchy of Luxembourg in London to find out about the conditions and formalities they will need to fulfil to obtain a permit to live/work in the United Kingdom after Brexit.

After the United Kingdom’s withdrawal from the EU, what conditions will apply to Luxembourg citizens for travelling between Luxembourg and the UK?

According to the latest information from the UK Government, EU citizens will be able to enter the United Kingdom until 31 December 2020 on presentation of a valid national identity card or passport. If this announcement is confirmed, Luxembourg nationals will until that date be able to continue to travel to the United Kingdom with their passport or identity card.

As of 1 January 2021 however, it is possible that Luxembourg nationals will need a passport to travel to the United Kingdom.

Pending confirmation of this announcement, it is recommended that people wishing to travel to the United Kingdom check with the Luxembourg Embassy in London for further information on this matter, or alternatively travel with a passport.

Furthermore, the UK Government has indicated that it does not plan to impose a visa requirement on Schengen area nationals for short-term stays.

I am a Luxembourg national domiciled in the United Kingdom. Will I be entitled to participate in the European elections on 26th May 2019?

Yes.

However, Luxembourg nationals domiciled abroad are only admitted to the European elections by postal vote. In order to exercise your voting rights from the United Kingdom, you must apply for postal voting. Further details are available here.

Please note that the request for postal voting must be sent to the competent commune by 16th April 2019 at the latest.

I hold a valid driving licence issued in Luxembourg and live in the United Kingdom. Will I still be able to use my Luxembourg 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.

However, according to the latest information from the UK Government, Luxembourg citizens residing in (or planning to become resident of) the United Kingdom will be able to continue using their Luxembourg driving licence until they reach the age of 70, or for up until 3 years after they become resident, whichever date is the later.

Once this date is reached, a conversion request will have to be submitted to the British authorities.

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

Yes.

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

I am covered by the Luxembourg social security scheme. I intend to go on holiday to the United Kingdom after the United Kingdom's withdrawal from the EU. Will I be entitled to healthcare treatment in the United Kingdom if 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.

Under Luxembourg legislation, healthcare treatment received in the United Kingdom during your holiday and recognised as urgent by the social security medical board (contrôle medical de la sécurité sociale) will be reimbursed to you by the Caisse nationale de santé in accordance with the rates provided by the Luxembourg legislation.

I am a Luxembourg student in the United Kingdom. What will happen to my healthcare coverage in the United Kingdom 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.

You may remain covered by the Luxembourg health insurance, as a family member of a person insured in Luxembourg.

Healthcare treatment received in the United Kingdom and recognised as urgent by the social security medical board (contrôle medical de la sécurité sociale) will be reimbursed by the Caisse nationale de santé in accordance with the rates provided by the Luxembourg 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 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.

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 3 months after the withdrawal date at the latest.

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

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 spouse 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 only have a Luxembourg pension and I reside in the United Kingdom. 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.

Your healthcare coverage will depend on British legislation.

 

I am covered by the Luxembourg social security scheme. Could I go to the United Kingdom 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.

Expenses for healthcare treatment received in the United Kingdom will be reimbursed, as long as you received prior authorization by the Caisse nationale de santé and based on a reasoned opinion of the social security medical board (contrôle medical de la sécurité sociale).

I have a Luxembourg pension only and I reside in the United Kingdom. After the United Kingdom's withdrawal from the EU, can I still come to Luxembourg to receive medical treatment if I wish to?

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, as a recipient of a pension residing outside of Luxembourg, you cannot be covered for healthcare in Luxembourg after the United Kingdom's withdrawal from the EU. Your healthcare coverage will depend on British legislation.

A potential coverage of your treatments received in Luxembourg will also depend on British legislation.

 

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 have a Luxembourg pension and I reside in the United Kingdom. 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.

Under Luxembourg legislation, pensions are paid regardless of your country of residence and thus will be paid to the United Kingdom.

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 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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