Staying in Luxembourg for less than 3 months as a seasonal worker from a third country

A third-country national who wishes to come to Luxembourg to work in a seasonal job for less than 3 months, must obtain a work permit.

Who is concerned

A third-country national (i.e. a person from a country that is neither a member of the European Union (EU), nor from a country treated as an EU member state—Iceland, Norway, Liechtenstein and Switzerland) must have a work permit if they wish to work in a seasonal job in Luxembourg for less than 3 months.

Prerequisites

Third country nationals who apply for a permit to work in Luxembourg as a seasonal worker can only work in an activity of a seasonal nature.

The following are considered to be activities of a seasonal nature:

  • harvesting (incl. grape harvesting, etc.);
  • packaging of harvested products;
  • the activities engaged in by leisure and holiday group facilitators and coordinators;
  • the activities engaged in by holiday-tour and tourist guides;
  • surveillance and maintenance of beaches, outdoor swimming pools and camp sites;
  • positions in retail stores, hotels and restaurants which are only open at certain times of the year, or which have a regular and foreseeable season-related increase in activity during the year;
  • jobs in companies involved in aviation and in the transport of passengers that have a regular and foreseeable increase in activity at certain times of the year;

Moreover, and before coming to Luxembourg, the third-country national must first:

  • have a valid passport;
  • check whether or not they must have a visa to enter the Schengen Area, and if necessary, apply for one;
  • be in possession of the original certificate issued by the ADEM granting the employer the right to hire a third-country national.

Preliminary steps

Before hiring a third country national, the employer must obtain a certificate from the National Employment Agency (Agence pour le développement de l’emploi - ADEM) authorizing them to hire the person of their choice.

Once the certificate has been obtained, the third-country national can then sign a dated employment contract with their future employer. The start date of the contract can mention 'upon obtaining the work permit for seasonal workers'.

How to proceed

Work permit application

The third-country national or their employer must apply for a work permit (on plain paper) from their country of origin. The application must be sent to:

Except in certain special cases (e.g., third-country nationals who already hold a residence permit in Luxembourg) the application must be submitted and approved before entering Luxembourg. Applications submitted from Luxembourg are inadmissible.

Supporting documents to be submitted with the application

The application for a work permit must specify the applicant's identity (surname, first name(s) and exact address in the country of residence) and must be accompanied by the following documents and information:

  • a certified copy of their valid passport, in its entirety;
  • a birth certificate;
  • an extract from their police records or an affidavit (sworn oath) established in the country of residence;
  • a certified copy of the applicant's diplomas or professional qualifications;
  • a copy of the seasonal employment contract, dated and signed by both the applicant and the future employer in Luxembourg;
  • the original certificate from the ADEMgranting the employer the right to hire a third-country national;
  • proof of suitable housing for the third-country national, or that suitable housing will be provided. This proof is not necessary if the third-country national has already been admitted to Luxembourg as a seasonal worker at least once in the last five years;
  • proof that the third-country national has applied for or already has health insurance;
  • a power of attorney if the application for a work permit is made by the employer.

Power of attorney: third-country nationals may mandate a third party (e.g. their future employer) to submit the application in their place. In this case, the third country national's agent, with the exception of lawyers, must provide proof of their authorisation to act on behalf of the third country national in the form of a written power of attorney, which must be dated and signed by the principal. The signature must be preceded by the handwritten phrase 'bon pour procuration' ('approved to act on my behalf').

The documents enclosed must be originals or certified true copies. 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 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.

Processing the application

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

If the work-permit application is approved, the applicant will receive their work permit by post.

Once they have arrived in Luxembourg, the third-country national must accomplish the formalities required for short-term stays in the country. For these formalities, they will be required to produce their passport and, where applicable, their visa.

Loss or theft of the work permit

If the work permit is lost, stolen or damaged, a replacement document can be provided on presentation of a police certificate of theft/loss to the Immigration Directorate.

Revocation of the work permit

A work permit can be revoked if the employer:

  • has been sanctioned for illegal employment or the employment of third-country nationals residing illegally in Luxembourg;
  • has been declared bankrupt or is in compulsory liquidation, or if they have no business activity;
  • has failed to fulfil their legal obligations as regards social security, tax, labour law or working conditions;
  • has not fulfilled their obligations as required by labour law;
  • has vacated a full-time position in the 12 months immediately preceding the application in order to create the job for which they are attempting to hire a seasonal worker.

If the permit is revoked for any one of these reasons, the employer will be required to pay compensation to the seasonal worker.

The compensation amounts to the salaries due for the period provided for in the employment contract which would have been worked if the work permit had not been revoked.

Forms / Online services

Power of attorney (Mandate convention)

To complete your application, the information about you collected from this form needs to be processed by the public administration concerned.

That information is kept by the administration in question for as long as it is required to achieve the purpose of the processing operation(s).

Your data will be shared with other public administrations that are necessary for the processing of your application. For details on which departments will have access to the data on this form, please contact the public administration you are filing your application with.

Under the terms of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have the right to access, rectify or, where applicable, remove any information relating to you. You are also entitled to withdraw your consent at any time.

Additionally, unless the processing of your personal data is compulsory, you may, with legitimate reasons, oppose the processing of such data.

If you wish to exercise these rights and/or obtain a record of the information held about you, please contact the administration in question using the contact details provided on the form. You are also entitled to file a claim with the National Commission for Data Protection (Commission nationale pour la protection des données), headquartered at 1, Avenue du Rock'n'Roll, L-4361 Esch-sur-Alzette.

By submitting your application, you agree that your personal data may be processed as part of the application process.

Procuration - convention de mandat

Les informations qui vous concernent recueillies sur ce formulaire font l’objet d’un traitement par l’administration concernée afin de mener à bien votre demande.

Ces informations sont conservées pour la durée nécessaire par l’administration à la réalisation de la finalité du traitement

Les destinataires de vos données sont les administrations compétentes dans le cadre du traitement de votre demande. Veuillez-vous adresser à l’administration concernée par votre demande pour connaître les destinataires des données figurant sur ce formulaire. Conformément au règlement (UE) 2016/679 relatif à la protection des personnes physiques à l'égard du traitement des données à caractère personnel et à la libre circulation de ces données, vous bénéficiez d’un droit d’accès, de rectification et le cas échéant d’effacement des informations vous concernant. Vous disposez également du droit de retirer votre consentement à tout moment.

En outre et excepté le cas où le traitement de vos données présente un caractère obligatoire, vous pouvez, pour des motifs légitimes, vous y opposer.

Si vous souhaitez exercer ces droits et/ou obtenir communication de vos informations, veuillez-vous adresser à l’administration concernée suivant les coordonnées indiquées dans le formulaire. Vous avez également la possibilité d’introduire une réclamation auprès de la Commission nationale pour la protection des données ayant son siège à 1 Avenue du Rock'n'Roll, L-4361 Esch-sur-Alzette.

En poursuivant votre démarche, vous acceptez que vos données personnelles soient traitées dans le cadre de votre demande.

Who to contact

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