Your questions

Staying/working in Luxembourg as a British citizen

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 (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 of the replacement procedure are available here:

The new residence document will specify that the 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 European Union 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 European Union 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, in principle, 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 the 31st of December 2020. The exact details will be set out at a later date.

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 here:

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 European Union 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. What will happen to my social security affiliation after the United Kingdom’s withdrawal from the European Union?

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.
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