Immigration - Application for a status change for displaced persons from Ukraine who are beneficiaries of temporary protection
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Beneficiaries of temporary protection who hold a temporary protection certificate in Luxembourg valid until 4 March 2025 and who are employed in the country, as well as their family members, may apply to the General Department of immigration for a residence permit.
The granting of a residence permit is conditional to the renunciation of the status of temporary protection. The temporary protection certificate will remain valid until the new residence permit is issued.
Who is concerned?
A residence permit for salaried workers can be requested by beneficiaries of temporary protection in Luxembourg who are:
- holders of a certificate valid until 4 March 2025; and
- gainfully employed in the territory with a monthly salary equivalent to at least the monthly rate of the social minimum social wage for unskilled workers;
A residence permit for a family member can be requested by beneficiaries of temporary protection in Luxembourg who are family members of a beneficiary of temporary protection in Luxembourg who is granted a residence permit as a salaried worker (the 'sponsor').
The definition of family member includes:
- the spouse or registered partner of the sponsor;
- the unmarried children under 18 of the sponsor and/or the spouse or registered partner:
- for whom they have custody and where the children are dependent on them; and
- in the case of shared custody, where the other party sharing custody has given their consent.
- for whom they have custody and where the children are dependent on them; and
Prerequisites
Before applying for a residence permit, the beneficiary of temporary protection in Luxembourg must:
- have suitable accommodation in Luxembourg, outside the structures managed by the National Reception Office (ONA); and
- have a valid biometric passport.
When applying for a residence permit, the beneficiary of temporary protection in Luxembourg must add the following to their application:
- the renunciation form of the temporary protection status, duly completed and signed. The renunciation will take effect, in case of a successful application, on the issuance day of the residence permit in exchange for the temporary protection certificate; and
- if the spouse/registered partner and/or his/her children or the spouse/registered partner’s children are also beneficiaries of temporary protection in Luxembourg:
- an application for a residence permit for his/her family members; and
- the form for the renunciation to the status of temporary protection in Luxembourg filled out correctly and signed by the spouse/registered partner.
- an application for a residence permit for his/her family members; and
How to proceed
Submitting the application
The applicant must:
- fill in and sign the forms to apply for a residence permit as well as the renunciation form for the status of temporary protection in Luxembourg (see 'Online services and forms' below); and
- and send both documents by post to the General Department of immigration of the Ministry of Home Affairs.
In order to facilitate the processing of the applications, members of the same family are requested to submit their application for the residence permit at the same time and in one single envelope.
The application for the residence permit must be submitted by the beneficiary of a temporary protection in Luxembourg.
It is however possible to appoint a third party, e.g. the employer, to carry out the necessary procedures. In this case, the representative, with the exception of lawyers, have to justify the mandate by a power of attorney, duly dated and signed by the principal. The signature must be preceded by the handwritten note 'bon pour procuration' (see 'Online services and forms' below).
Supporting documents
If the documents are not drawn up in German, French or English, an official translation by a 'sworn translator' must be attached to the documents in question.
Application for a residence permit as a salaried worker
The following documents must be submitted with the application:
- a copy of the valid biometric passport, in its entirety (all the pages);
- a recent extract of the Luxembourg criminal record;
- a recent extract of the Ukrainian criminal record;
- a curriculum vitae;
- if applicable, a copy of their diplomas or professional qualifications for the position in question;
- a copy of the employment contract, dated and signed by both the applicant and their employer and compliant with Luxembourg labour law with a monthly salary equivalent to at least the monthly rate of the legal social minimum wage for unskilled workers;
- a recent certificate of affiliation issued by the Joint Social Security Centre;
- proof of suitable accommodation in Luxembourg (rental agreement, attestation of accommodation, property deed):
- outside the structures managed by the National Reception Office (ONA); and
- meeting the minimum legal criteria in terms of health, hygiene, safety and habitability (the surface area of a room cannot be less than 9 m² per occupant, and no room can be occupied by more than 2 adults, etc.);
- proof of health insurance (copy of the Luxembourg social security card);
- the form for the renunciation of the status of temporary protection;
- proof of payment of a fee of EUR 80 to the account:
IBAN LU46 1111 2582 2814 0000
BIC: CCPLLULL
Beneficiary: Ministère des Affaires intérieures, Direction générale de l’immigration
Communication: titre de séjour de (insert your name here);
- if applicable, a power of attorney.
In case of an application for the issuance of a residence permit for the purpose of highly qualified employment (EU Blue Card), this should be indicated on the application form for a residence permit in the appropriate section.
When the application is processed, it will be verified if the conditions for obtaining their residence permit are met, in particular:
- in regard to the high professional qualifications required for the activity or sector mentioned in the employment contract or in regard to the conditions required for the exercise of the regulated profession in question; and
- as well as in regard to the monthly salary mentioned in the employment contract, which must be at least equivalent to:
- 1.5 times the average Luxembourg gross annual salary (EUR 84,780); or
- 1.2 times the average Luxembourg gross annual salary (EUR 67,824) for jobs in professions for which the government has noticed a particular need to employ third-country nationals.
- 1.5 times the average Luxembourg gross annual salary (EUR 84,780); or
Application for a residence permit as a family member
The following documents relating to the applicant’s spouse or registered partner must be submitted with the application:
- a copy of the valid biometric passport, in its entirety (all the pages);
- a recent extract of the Luxembourg criminal record;
- a recent extract of the Ukrainian criminal record;
- a document proving the existence of the marriage or registered partnership (marriage certificate, partnership certificate, family record book etc.) ;
- proof of suitable accommodation in Luxembourg (lease contract, attestation of accommodation, title deed):
- outside the structures managed by the National Reception Office (ONA); and
- meeting the minimum legal criteria in terms of health, hygiene, safety and habitability (the surface area of a room cannot be less than 9 m² per occupant, and no room can be occupied by more than 2 adults, etc.);
- proof of health insurance (copy of the Luxembourg social security card);
- the form for the renunciation of the status of temporary protection;
- proof of payment of a fee of EUR 80 to the account:
IBAN LU46 1111 2582 2814 0000
BIC: CCPLLULL
Beneficiary: Ministère des Affaires intérieures, Direction générale de l’immigration
Communication: titre de séjour de (insert your name here);
- if applicable, a power of attorney.
Holders of a residence permit for family members are authorised to work in Luxembourg.
Documents relating to the descendant (child) of the applicant or spouse/registered partner of the applicant:
- a copy of the child's valid biometric passport, in its entirety (all pages);
- proof of health insurance (copy of the Luxembourg social security card);
- proof of the family relationship with the sponsor (birth certificate of the child; family record book etc.);
- if the parents are divorced (only applicable to children aged under 18):
- a copy of the ruling granting custody of the minor child to the parent residing in Luxembourg; and
- if the other parent has visiting or accommodation rights: the notarised authorisation of the parent residing abroad attesting to their agreement to the child residing in Luxembourg (accompanied by a copy of the identity document of the parent residing abroad);
- in case of shared custody (only applicable to children aged under 18): the notarised authorisation of the parent residing abroad duly authorising the child to reside in Luxembourg (accompanied by a copy of the identity document of the parent residing abroad);
- proof of payment of a fee of EUR 80 to the account:
IBAN LU46 1111 2582 2814 0000
BIC: CCPLLULL
Beneficiary: Ministère des Affaires intérieures, Direction générale de l’immigration
Communication: titre de séjour de (insert your name here);
Response from the administration
The deadline for a response is of a maximum of 3 months. Without a response within this period, the applicant may consider the application as rejected.
If the application is approved, the beneficiary of temporary protection will receive an invitation letter to make an appointment with the General Department of immigration of the Ministry of Home Affairs to take a photo and fingerprints which will be included in the residence permit.
One week after the biometric data has been entered, the applicant can collect the residence permit in person from the General Department of immigration, without an appointment, and will have to hand in the temporary protection certificate (in original).
The temporary protection regime will end on the day the residence permit is issued.
The residence permit takes the form of a chip card with biometric data.
Period of validity and renewal
The residence permit as a salaried worker is valid for one year from the date of issue.
Access to the labour market is limited to the sector and profession, with any employer, for which it was issued.
As long as the conditions for obtaining it are met, the residence permit is renewable on request, for a maximum period of 3 years and, after renewal, gives the right to work in any sector and in any profession.
The residence permit as a family member is valid for one year from the date of issue.
As long as the initial conditions are met, the residence permit is renewable on application. The period of validity of the residence permit may not, however, exceed the expiry date of the sponsor's residence permit.
Online services and forms
Who to contact
General Department of immigration - Department for foreigners
-
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
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