Working in Luxembourg for less than 90 days as a third-country national
Last update
A third-country national who is in Luxembourg for less than 3 months and wishes to work during this period must have a work permit.
Who is concerned
All third-country nationals (i.e. a nationals from a country which is not an EU Member State or a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) require a work permit if they wish to carry out a paid activity during a stay of less than 3 months (including trainees).
The following are not subject to a work permit, on condition that they work in Luxembourg for less than 3 months per calendar year:
- staff from fairground attractions, circuses and other travelling establishments;
- workers in the entertainment industry without regular employment;
- athletes;
- invited researchers, conference speakers and university lecturers;
- persons on business trips, such as travel to visit business partners, to explore and develop professional contacts, to negotiate and conclude contracts, to participate in fairs, shows and exhibitions as well as to take part in meetings of the board of directors and general meetings of the company;
- all persons providing services (excluding any work carried out in the framework of subcontracting).
The application for a work permit must be submitted by the third-country national. However, they may appoint a third party, such as the future employer, to carry out the necessary procedures.
Note that third-country nationals who are family members of an EU citizen (or of a national of a country treated as such) as well as third-country nationals with a temporary authorisation to stay or a residence permit for family members of a third-country national do not need a work permit to carry out a paid activity.
Prerequisites
Before submitting the work permit application, the non-EU national must meet the conditions regarding short-term stay, such as:
- hold a valid travel document;
- and, where applicable, a visa.
Preliminary steps
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). Following the declaration of a vacant position, the ADEM checks whether the job offer can be filled by a person available on the national or European job market.
If the job offer cannot be filled with a person registered with the ADEM within a 3 week deadline, the employer is allowed to conclude an employment contract with a person of their choice under certain conditions.
The employer must submit an application on plain paper to the ADEM's director and request a certificate granting them the right to hire a person of their choice, namely a third country national.
The employer must sign a dated employment contract with the future employee. It may be stated in the contract that the start date is 'subject to the employee obtaining a work permit'.
The employer must hand the original ADEM certificate to the third-country national, who will attach it to the work permit application.
An employer hiring a third-country worker must:
- request to see the worker's work permit before beginning the working relationship;
- request a copy of the worker's work permit and keep said copy for the whole duration of the contract;
- notify the beginning of work to the Ministry of Home Affairs within 3 working days from the first day of work.
Employers who illegally employ one or more posted workers from third countries with no valid authorisation to stay or permit may face administrative and criminal sanctions.
How to proceed
Work permit application
Third-country nationals must apply for a work permit before commencing work in Luxembourg.
Applicants must send their application for a work permit on plain paper to the General Department of immigration.
They must state their identity (surname and first name), as well as the exact address in their country of residence, and add the following documents to their application:
- a copy of their valid passport, in its entirety;
- a curriculum vitae;
- a copy of their diplomas or professional qualifications;
- a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and the employer;
- the original certificate from the ADEM's director granting the employer the right to hire a third-country national;
- where necessary, a power of attorney.
Power of attorney:
third-country nationals may mandate (Pdf, 139 Kb) a third party (e.g. the future employer) to submit the application in their place. In this case, the mandate 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).
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.
Response from the ministry
The ministry normally responds within 3 months. If no response is received within this time, the application shall be deemed to have been rejected.
If the work permit application is approved, the applicant will receive their work permit by post.
When entering Luxembourg territory, third-country nationals must hold a passport and, where applicable, a visa, and carry out the procedures required for a short-term stay.
Online services and forms
Who to contact
-
Ministry of Home Affairs General Department of immigration - Department for foreigners
- Address:
-
26, route d'Arlon
L-1140
Luxembourg
Luxembourg
B.P. 752 L-2017 Luxembourg
- Phone:
-
(+352) 247 84040
from 9.00 to 12.00 and from 14.00 to 16.00
- Fax:
- (+352) 22 16 08
- Email address:
- immigration.public@mai.etat.lu
enrolment and issuing of biometric residence permits: only by appointment
-
National Employment Agency (ADEM) Foreign Workforce Department
- Address:
- 19, rue de Bitbourg L-1273 Luxembourg-Hamm Luxembourg
- Phone:
- (+352) 247 88000
- Fax:
- (+352) 247 90410
- Email address:
- info@adem.etat.lu
Related procedures and links
Procedures
Links
Further information
-
Time frame for processing requests and for issuing documents
Pdf • 363 Kb
-
Luxembourg diplomatic and consular missions
on the website of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade
-
List of countries whose citizens require a visa
on the website of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade
-
Travel documents for non-EU nationals
on Your Europe
-
Listes des experts, traducteurs et interprètes assermentés
sur le site du ministère de la Justice
-
S’établir au luxembourg
sur le site de l'ASTI
Legal references
-
Loi modifiée du 29 août 2008
portant sur la libre circulation des personnes et l'immigration
-
Règlement grand-ducal modifié du 5 septembre 2008
portant exécution de certaines dispositions relatives aux formalités administratives prévues par la loi du 29 août 2008 sur la libre circulation des personnes et l'immigration
