Residence in Luxembourg of workers posted by businesses established in the EU
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A business established in the European Union (EU) or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) may freely post its workers to Luxembourg.
For a stay of less than 3 months in Luxembourg, posted EU national workers do not need to carry out any formalities.
For a stay of more than 3 months, EU nationals must:
- make a declaration of arrival in their new commune of residence, and;
- fill in a registration certificate at said communal office.
Who is concerned
Any worker posted to Luxembourg by a business established in the EU or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) can, whatever his/her nationality, work and/or reside in Luxembourg during the posting provided he/she is duly authorised to work in the country where the posting business is established.
Workers posted by service providers established outside the EU are not concerned: their employer must apply for a collective authorisation for posted work in order to receive the temporary authorisation to stay for the workers concerned before they can come to Luxembourg.
Prerequisites
A company established in another EU Member State or a country treated as such may freely post its workers, whatever their nationality, to Luxembourg, provided the posted workers have, for the duration of their posting, the right to work and stay in the country where the posting business is established.
The temporary posting must take place under a contract concluded between the posting business and the recipient of the service established in Luxembourg.
A posted worker is a worker who:
- usually works abroad;
- carries out work on the territory of the Grand Duchy of Luxembourg;
- carries out a provision of services for a fixed period of time which is detailed in a services contract concluded specifically for said services.
The posted worker is sent to Luxembourg for a limited period of time in a subordinate relationship with the posting business.
The period of time is determined:
- depending on the duration, the frequency, periodicity and continuity of the provision of services; and
- in relation to the nature of the activity which is the subject of the posting.
Preliminary steps
Businesses established in the EU (or country treated as such) must first request an A1 certificate (E101 form) from the Social Security in the country of origin for each posted worker.
The posted EU national does not need to carry out any preliminary steps.
How to proceed
Stay of less than 90 days
For a stay of less than 3 months, EU citizens do not have to carry out any formalities.
They simply have to hold a valid national identity card or passport.
They can also, if they so wish, make a declaration of arrival at their commune of residence and request a registration certificate.
Staying for more than 90 days
For a stay of more than 90 days, EU citizens must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 8 days of their arrival in Luxembourg, and present:
- a valid national identity card or passport;
- an A1 certificate (E101) provided by their employer prior to the secondment;
- where applicable, the declaration of departure issued by the authority of the former commune of residence.
EU citizens must also complete a registration form (French, Pdf, 114 Kb) at the commune within 90 days of their arrival in Luxembourg.
The registration form must be submitted together with the following documents:
- a valid national identity card or passport;
- a copy of the employment contract;
- a copy of the A1 certificate (E101) provided by the employer.
Loss, theft or damage to the permit
In the event that the registration certificate is lost, stolen or damaged a specific procedure must be followed.
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
Related procedures and links
Procedures
Links
Further information
-
Visa and immigration
on the website of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade
-
Standard forms for social security rights
on Your Europe
-
Listes des experts, traducteurs et interprètes assermentés
sur le site du ministère de la Justice
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
