Work permit exemption for third-country nationals who are the spouse, partner or child of an EU citizen cross-border worker

Non residents

Last update 05.10.2018

Third-country nationals resident in another EU Member State or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) with their spouse or registered partner or one of their parents who already works in Luxembourg, may be exempt from a work permit to work in Luxembourg.

Who is concerned

Third-country nationals may be granted a work permit exemption, if:

they are legally resident in another EU Member State or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) with their spouse, registered partner or parent (or parents) who is a citizen of an EU Member State or country treated as such;
their spouse, registered partner or parent already works in Luxembourg.

Preliminary steps

The employer must declare the vacant position to the National Employment Agency (Agence pour le développement de l'emploi – ADEM) before recruiting a third-country national, and be able to prove it.

How to proceed

Before commencing work in Luxembourg, third-country nationals must make a written application for a work permit exemption to the Immigration Directorate of the Ministry of Foreign and European Affairs.

The exemption application must indicate the applicant's identity details (surname(s), first name(s) and exact address in the country of residence) and must be accompanied by the following documents and information:

a copy of their valid passport, in its entirety;
a copy of an authorisation to stay issued by another EU Member State or country treated as such (Iceland, Liechtenstein, Norway or Switzerland);
where applicable, a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and their employer;
a recent certificate of affiliation to the Luxembourg Joint Social Security Centre for the spouse/registered partner or the parent which must include all the spouse/registered partner or parent's affiliations with Luxembourg social security;
proof of family relationship (e.g. marriage certificate, partnership certificate, family record book, birth certificate, etc.);
a recent household composition certificate and a recent certificate of residence from their country of residence;
Where necessary, a proxy.

Proxy: third-country nationals may mandate a third party (e.g. the future employer) to submit the application in their place. In this case, the proxy holder, with the exception of attorneys, must provide proof of their mandate in the form of a written power of attorney, duly dated and signed by the principal. The signature must be preceded by the handwritten note " bon pour procuration" (good for proxy).

The documents enclosed must be originals or certified true copies (except for the passport where a plain copy will suffice). Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).

If the documents are not drawn up in German, French or English, an official translation by a 'sworn translator' must be attached.

 Only complete applications will be processed. 
 Incomplete applications will be returned to the applicant.

The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. If no response is received within this time limit, the applicant can consider that their application has been denied.

Forms / Online services

Autorisation de travail du ressortissant de pays tiers qui détient une autorisation de séjour et réside dans un autre Etat membre de l'Union et qui entend exercer une activitée salariée au Luxembourg - note explicative

Télécharger le formulaire PDF, 406 Kb

Power of attorney (Mandate convention)

Download the form PDF, 451 Kb

Procuration - convention de mandat

Télécharger le formulaire PDF, 461 Kb

Who to contact

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Immigration Directorate – Department for Foreigners (Direction de l'immigration – Service des étrangers)

26, route d'Arlon
L-1140 Luxembourg
Luxembourg
Address :
B.P. 752 L-2017 Luxembourg

Phone : (+352) 247-84040 (from 14.00 to 16.00)

Fax : (+352) 22 16 08

Information desk: Mon.-Fri. from 8.30 to 12.00 / Application for and issuance of residence permits (only by appointment): Mon.-Fri. from 8.30 to 12.00 and from 13.00 to 16.00

(+352) 247-84040 (from 14.00 to 16.00) immigration.public@mae.etat.lu Immigration Directorate – Department for Foreigners (Direction de l'immigration – Service des étrangers) Path to Immigration Directorate – Department for Foreigners (Direction de l'immigration – Service des étrangers)