Third-country nationals may be granted a work permit exemption, if:

• they are legally resident in another EU Member State or a country treated as such with their spouse, registered partner or parent (or parents) who are citizens of an EU Member State or country treated as such; and
• their spouse, registered partner or parent already works in Luxembourg.

The employer must declare the vacant position to the National Employment Agency (Agence pour le développement de l'emploi - ADEM) before recruiting a third-country national, and be able to prove it.

Before commencing work in Luxembourg, third-country nationals must apply in writing for a work permit exemption to the General Department of Immigration of the Ministry of Home Affairs.

The exemption application must indicate the applicant's identity details (surname(s), first name(s) and exact address in the country of residence) and must be accompanied by the following documents and information:

• a full copy of the valid passport (all pages);
• a copy of their residence permit issued by another EU Member State or a country treated as such;
• where applicable, a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and their employer;
• a recent certificate of affiliation with the Luxembourg Joint Social Security Centre for the spouse/registered partner or the parent which must include all the spouse's/registered partner's or parent's affiliations with the Luxembourg social security system;
• recent proof of family relationship (e.g. marriage certificate, partnership certificate, family record book, birth certificate, etc.);
• a recent household composition certificate and a recent certificate of residence from their country of residence;
• where necessary, a power of attorney.

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 responsible for immigration can request that it be authenticated by the appropriate local authority and legalised by the Embassy (or that it bear a Hague Convention apostille).

If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.

The Ministry of Home Affairs normally responds within 3 months. If no response is received within this time, the application shall be deemed to have been rejected.

Procedures

Links