Carrying out a salaried activity on an ancillary basis as a holder of a residence permit for private reasons
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Third-country nationals who are allowed to lawfully reside in Luxembourg for private reasons may be authorised to carry out a salaried activity on an ancillary basis.
To that end, they have to apply for a work permit.
Who is concerned
A work permit is required for all third-country nationals (i.e. a national from a country which is not an EU Member State or a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) who hold a residence permit for "private reasons" in Luxembourg and who wish to carry out a salaried activity on an ancillary basis.
The application for a work permit must be submitted by the third-country national. However, he may appoint a third party, such as the employer, to carry out the necessary procedures.
Holders of a "private reasons" residence permit who wish to carry out paid employment as their main activity must apply for a salaried worker residence permit.
NB: third-country nationals who are family members of an EU citizen (or of a national of a country treated as such) resident in Luxembourg do not need a work permit to carry out a paid activity.
Prerequisites
Third-country nationals must hold a valid residence permit for "private reasons".
Preliminary steps
Before considering the hiring of a third-country national, all employers must make a vacancy declaration to the ADEM and be able to prove that they have done so.
Third-country nationals will not be subject to the labour market test.
The employer must also sign a contract with the third-country national. The contract may include a let-out clause specifying that the employment contract will not take effect until the work permit has been obtained.
The employer must provide proof of the vacant position declaration to the third-country national, who must attach it to the work permit application.
Procedures specific to the employer
An employer hiring a third-country worker must:
- request to see the worker's authorisation to stay / residence permit prior to beginning the working relationship;
- request a copy of the worker's authorisation to stay / residence permit and keep said copy for the whole duration of the contract;
- notify the beginning of work to the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade within 3 working days from the first day of work.
The employer must notify the beginning of the working relationship to the Immigration Directorate in writing (post, email or fax) and specifically state:
- the identity of the worker and their national identification number (13-digit social security number);
- the start date of employment;
- the identity of the employer.
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
The applicant must submit an application to the Immigration Directorate of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade.
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;
- evidence that a declaration of vacant position has been submitted to ADEM;
- a recent certificate of affiliation with the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS) which must include all the affiliations with the Luxembourg social security or a recent certificate certifying that the person is a co-insured party for social security;
- proof of payment of a fee of EUR 80 on the CCPL bank account IBAN LU46 1111 2582 2814 0000 (beneficiary: Ministère des Affaires étrangères et européennes, de la Défense, de la Coopération et du Commerce extérieur, Direction de l'Immigration; communication: autorisation de travail dans le chef de [insert name here]);
- where necessary, a power of attorney.
Power of attorney:
third-country nationals may mandate 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').
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, Defence, Development Cooperation and Foreign Trade is generally a maximum of 3 months. If no response is received within this time, the application has been rejected.
Issuance of a residence permit including a work permit
Since July 2013, work permits have no longer been issued as a separate document; instead, work permit information is now included in the residence permit. As a result, the issuance of a work permit leads to the issuance of a new residence permit for "private reasons", even if the existing residence permit is still valid.
When the application is approved, the applicant will receive a letter inviting them to make an appointment with the Immigration Directorate of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade in order to have their photograph and fingerprints taken, which will be incorporated into the residence permit. The applicant may also bring a recent photograph compliant with OACI/ICAO standards ('biometric passport standards').
A few days after the biometric data have been collected, the applicant can pick up the residence permit in person at the Immigration Directorate, by appointment.
The residence permit takes the form of a chip card containing the biometric data. It also contains the work permit.
The residence permit includes information about its holder (name(s), first name(s), nationality, date and place of birth), as well as specific information about the residence permit (permit category, period of validity of permit).
Certain residence permit categories include additional information (French, Pdf, 330 Kb) in the 'observations' field.
Validity and renewal of work permits
Work permit validity period
A work permit is valid from the date on which the application was approved. The permit may be renewed on request provided that all the eligibility requirements are still met and the beneficiary can prove that they actually worked while their work permit was valid.
Note that the period of validity of the "private reasons" residence permit is not affected by the issuance of a work permit.
The initial work permit is valid:
- for a maximum of one year (without extending beyond the validity period of the residence permit);
- for one profession only, whoever the employer is;
- in only one sector.
The sector and profession for which the third-country national is authorised to work are indicated on the residence permit under the field "observations" in the form of an "ISCO" code.
This is a three-digit code representing the profession for which the access to the job market is granted, defined according to the ISCO classification (International Standard Classification of Occupations). The ISCO classification is an international classification of professions developed by the International Labour Organisation.
The complete list of ISCO codes is available online. For more information on this classification, please refer to the website of the International Labour Organization.
A change of sector and/or profession is only possible if authorised by the Minister of Immigration and Asylum.
Work permit renewal
From the first renewal, a work permit can be renewed for a maximum of 3 years (without exceeding the period of validity of the residence permit) and gives access to any sector and any profession.
However, if the holder of the residence permit cannot prove that he has actually worked for the duration of validity of the residence permit, or if the renewal of the residence permit occurs during a period where he receives unemployment benefits, the residence permit will only be renewed for a maximum duration of one year.
Renewal procedure
Third-country nationals must apply to the Immigration Directorate of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade for the renewal of their residence permit within the 2 months prior to the expiry date of the work permit.
The renewal of a work permit may involve one of the 2 following scenarios:
- either the work permit expires at the same time as the residence permit;
- or the work permit expires, but the residence permit remains valid.
Applications for a residence permit can be submitted online using MyGuichet.lu or by post using a special form (see 'Forms / Online services').
Submitting the application online
The application for a residence permit is available on MyGuichet.lu. The online procedure can be completed:
- with authentication using:
- a LuxTrust product; or
- an electronic identity card (eID); or
- without authentication.
- have a private eSpace (Pdf, 3.49 Mb); and
- link their private eSpace with the mobile app MyGuichet.lu.
The application can also be submitted via the MyGuichet.lu mobile app. In order to do so, applicants must:
The supporting documents indicated below must be attached to the online application.
Submitting the application by post
If the application is submitted by post, the application form and the supporting documents indicated hereafter must be sent to the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade.
Supporting documents
The application for renewal must be accompanied by the following documents:
Documents to be attached if the work permit and the residence permit expire at the same time
- a copy of their valid passport, in its entirety;
- a copy of the valid work contract (compliant with Luxembourg labour law), duly dated and signed;
- a recent certificate of affiliation with the Joint Social Security Centre (Centre commun de la sécurité sociale - CCSS) which must include all the third-country national's affiliations with the Luxembourg social security or a recent certificate certifying that the third-country national is a co-insured party for social security;
- a recent extract from the criminal record in Luxembourg (if the applicant is aged 18 or over);
- proof of sufficient resources to cover for living expenses: either proof of own sufficient resources (e.g. pension certificate, bank certificate issued by a Luxembourg banking institution detailing the interest earned, employment contract) or a statement of support issued by a guarantor residing in Luxembourg;
- proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: Ministère des Affaires Étrangères et Européennes, Direction de l'immigration; communication: titre de séjour dans le chef de [insert name here]).
After 5 years of a lawful and uninterrupted stay in Luxembourg, third-country nationals may apply for long-term resident status.
Documents to be attached if the work permit expires but the residence permit remains valid
- a copy of their valid passport, in its entirety;
- a copy of the valid work contract (compliant with Luxembourg labour law), duly dated and signed;
- a recent certificate of affiliation which must include all the third-country national's affiliations with Luxembourg social security;
- proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: Ministère des Affaires Étrangères et Européennes, Direction de l'Immigration; message: titre de séjour dans le chef de 'insert your name here').
After 5 years of a lawful and uninterrupted stay in Luxembourg, third-country nationals may apply for long-term resident status.
Loss, theft or damage to the residence permit
In case of loss, theft or deterioration of the residence permit, a specific procedure needs to 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
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
