In order to reside in Luxembourg during their posting, third-country nationals must make a declaration of arrival in their new commune of residence;
In the event of a stay exceeding 3 months, they must also:
- undergo a medical check, and;
- apply for a residence permit for posted workers from a service provider established in the EU.
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.
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.
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.
Posted third-country nationals must meet the following requirements:
- hold a valid passport;
- be associated with the business by an employment contract;
- hold a valid EU residence permit or EU work permit.
How to proceed
Step 1: before entering the country
In order to lawfully enter and reside in Luxembourg, third-country nationals must have a valid passport and a residence permit (or work permit where applicable) issued by the EU Member State where they usually reside (or work).
If the applicant's passport is due to expire in less than 6 months, it should be renewed before coming to Luxembourg.
Step 2: after entering the country
Declaration of arrival
Whatever the duration of the stay in Luxembourg, posted third-country nationals must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 3 days of arrival in Luxembourg, presenting:
- valid travel documents (passport);
- the residence and/or work permit issued by the EU Member State where the employer's business is established;
- an A1 certificate (E101) provided by their employer prior to the posting;
- where applicable, the declaration of departure issued by the communal administration of the former commune of residence.
In the event of a stay of more than3 months, some communal administrations will not establish a declaration of arrival because no temporary authorisation to stay was issued beforehand. In this case, applicants must make a declaration of arrival for a stay of less than 3 months and apply for a residence permit as soon as possible.
Posted workers are not subject to a mandatory medical check as it is deemed to have taken place in the EU Member State where the worker has his usual place of residence.
Residence permit application
For a stay of more than 90 days, third-country nationals must submit an application to the Immigration Directorate for a residence permit for workers from an service provider established in the EU within 3 months of arrival in Luxembourg and indicate:
- the name and company name of the employer;
- and the name and company name of the client in Luxembourg.
The Ministry of Foreign and European Affairs checks that the conditions required are met and issues the residence permit.
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 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 includes the work permit.
Validity period and renewal
The residence permit for posted workers from a service provider established in the EU is valid:
- for the duration of the posting at the most;
- only for the employer who applied for the authorisation for posted work.
In the event of an extension of the initial posting period, the posted worker must apply for a renewal of his residence permit for the duration of the extension.
The application for renewal must be submitted to the Immigration Directorate at the latest 2 months prior to the expiry date of the authorisation to stay, accompanied by:
- the indication of the duration of the posting;
- the justification for the extension of posted work applied for;
- a copy of the addendum to the contract between the posting company and the recipient of the provision of services, and a copy of the authorisation of the extension of the posted work granted to the employer;
- a copy of the addendum to the services contract;
- a copy of their valid passport, in its entirety;
- a copy of the permanent employment contract duly dated and signed by the posted worker and the posting business;
- a certificate of registration with the social security system of the country of origin/posting country, or of Luxembourg.
- an extract from the criminal record in Luxembourg;
- proof of payment of a EUR 80 tax into the IBAN account LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: ministère des Affaires étrangères, Direction de l'Immigration; Communication: titre de séjour dans le chef de 'insert your name here').
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.
Forms / Online services
Authorisation of secondment and authorisation to stay for a third-country national in view of a salaried activity as a posted worker - explanatory note
Autorisation de détachement et autorisation de séjour d'un ressortissant de pays tiers en vue d'une activité salariée en tant que travailleur détaché - note explicative
Demande en délivrance d'un titre de séjour pour ressortissant de pays tiers
Demande en renouvellement d'un titre de séjour pour ressortissant de pays tiers en qualité de "travailleur salarié détaché"
Liste des observations sur les titres de séjour pour ressortissants de pays tiers