Requesting a document for a British national which attests to their rights as a cross-border worker
Last update
The Withdrawal Agreement concluded between the European Union (EU) and the United Kingdom (UK) provides that British nationals who are employed or self-employed as cross-border workers in Luxembourg at the end of the transition period (31 December 2020) provided for in this Withdrawal Agreement, retain their right to work as cross-border workers after the end of the transition period.
In order to attest to this status, the British nationals concerned may apply for a specific document to be issued after the end of the transition period.
This document will be issued only on request, from 1 January 2021. It is not a compulsory document and is not a prerequisite for continuing to work in Luxembourg as a cross-border worker.
Who is concerned
British nationals concerned
British nationals who:
- are legally resident in another EU Member State or the United Kingdom; and
- are pursuing a professional activity in Luxembourg at the end of the transition period (i.e. before 1 January 2021).
'Cross-border workers' are workers who are employed in Luxembourg but who reside in another country, to which they return, in principle, each day or at least once a week.
Family members of British nationals
Until 31 December 2020, family members of UK cross-border workers who are third-country nationals, were able to benefit from a work permit exemption if they are employed in Luxembourg.
From 1 January 2021 however, these persons must have a work permit as a third-country national, cross-border worker.
British nationals who are not concerned
British nationals who start working in Luxembourg as a cross-border worker after the end of the transition period (i.e. after 31 December 2020) must follow the general procedure in place for third-country national cross-border workers. They must therefore first apply for a work permit before they can start working in Luxembourg.
The British national who is posted to Luxembourg is not concerned by the procedure explained here.
Prerequisites
The British national and, where appropriate, their family member, must:
- legally reside in another EU Member State;
- have exercised their activity in Luxembourg before 1 January 2021.
Costs
This document is issued free of charge.
How to proceed
Submitting the application
The applicant must send the required form, completed and signed, by post to the General Department of immigration of the Ministry of Home Affairs.
Supporting documents
Applicants must attach several documents to their application:
- a copy of a valid identity document (identity card or passport);
- for persons residing in another Member State: a copy of the residence document issued by another EU Member State;
- for persons residing in the United Kingdom: proof of residence in the United Kingdom;
- a recent certificate of affiliation to the Joint Social Security Centre.
If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.
Application processing time
When their application has been processed, applicants will receive a letter inviting them to make an appointment with the General Department of immigration in order to have their photograph and fingerprints taken, which will be incorporated into the biometric document.
A few days after the biometric data have been collected, the applicant must make an appointment to pick up the biometric document in person at the General Department of immigration.
The document takes the form of a chip card containing biometric data.
Validity period
The document is valid for 10 years.
The document will be valid from the first day after the end of the transition period, i.e. from 1 January 2021.
As long as the conditions for obtaining the residence document continue to be met, it will be renewable on request.
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
Legal references
portant sur la libre circulation des personnes et l'immigration
