Work for applicants for international protection

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Applicants for international protection (aiming to be granted refugee status or, failing that, subsidiary protection status) may apply to work temporarily in certain specific cases. This temporary work permit (autorisation d’occupation temporaire - AOT) is only valid for one profession and one specific employer.

The AOT is valid for 6 months and can be renewed.

The granting of an AOT does not entitle the holder to a residence permit, or to the payment of full unemployment benefits. The right to specifically allocated social aid is reserved for applicants for international protection, provided they meet certain conditions defined by Grand-Ducal regulation, and is checked by the National Reception Office (Office national de l’accueil - ONA) when the AOT has been granted.

Who is concerned?

This applies to third-country nationals who have submitted an application for international protection (right of asylum) with a view to being granted refugee status or subsidiary protection status and whose application for international protection is therefore still being processed.

Applicants for international protection who are unaccompanied minors and who wish to carry out an activity as part of a "student job" can apply for an exemption in order to get a temporary work permit.

The exemption can be requested from the General Department of immigration where the 'student job' contract must be presented.

Prerequisites

An application for a temporary work permit can be submitted to the National Employment Agency (Agence pour le développement de l'emploi - ADEM) 6 months at the earliest after the application for international protection has been submitted to the General Department of immigration of the Ministry of Home Affairs, if a decision on the application for international protection has not yet been taken by the Minister responsible for asylum, and provided that the applicant for international protection is not responsible for the delay in taking the decision.

How to proceed

Temporary work permit application

Before hiring a third-country national, employers must declare the vacant position to the National Employment Agency (Agence pour le développement de l'emploi - ADEM).  

The application submitted to ADEM by the employer must include:

  • the AOT application form in 2 copies, duly completed and signed;
  • a copy of the certificate of application for international protection;
  • where applicable, a copy of the certificates attesting the professional qualifications of the worker;
  • a copy of the employment contract, dated, signed and compliant with Luxembourg labour law;
  • the CV of the person concerned;
  • a letter explaining and justifying the employment of the applicant by the employer;

Temporary work permit applications are approved or rejected by the Minister responsible for immigration.

Permit validity and renewal

The permit is valid for 6 months for a specific employer and for one profession. The permit is renewable for as long as the conditions are met.

A temporary work permit is no longer valid:

  • when it expires;
  • when one of the parties to the employment contract ends the working relationship;
  • when the application for international protection is definitively rejected or cancelled.

A temporary work permit will be withdrawn:

  • if the beneficiary works in a different profession to that authorised;
  • if the beneficiary fraudulently resorted to dishonest practices or incorrect declarations to obtain it.

The applicant's employment contract will be terminated automatically when the temporary work permit expires or is withdrawn.

Online services and forms

Who to contact

National Employment Agency

2 of 20 bodies shown

General Department of immigration - Department for refugees

  • Ministry of Home Affairs General Department of immigration - Department for refugees
    26, route d'Arlon L-1140 Luxembourg Luxembourg
    B.P. 752 L-2017 Luxembourg
    Phone: (+352) 247-84565
    from 9.00 - 12.00 and 14.00 - 16.00
    Closed ⋅ Opens Monday at 8.30
    Sunday:
    Closed
    Monday:
    8.30 to 12.00
    Tuesday:
    8.30 to 12.00
    Wednesday:
    8.30 to 12.00
    Thursday:
    8.30 to 12.00
    Friday:
    8.30 to 12.00
    Saturday:
    Closed
    Service for new arrivals: Monday to Friday from 8.30 - 12.00; Extension desk: only by appointment.

Foreign Workforce Department

Related procedures and links

Procedures

Applying for international protection Work for beneficiaries of a postponement of deportation or suspension of deportation for medical reasons Declaration of a vacant position Concluding a fixed-term employment contract as a pupil or student Student work contract during school holidays

Links

Further information

Hiring of a third-country national

on the Employment Portal (ADEM)

Legal references

Loi du 18 décembre 2015

relative à l'accueil des demandeurs de protection internationale et de protection temporaire, et modifiant la loi modifiée du 10 août 1991 sur la profession d'avocat

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