Any national of a third country (i.e. a country that is neither a Member State of the European Union (EU) nor considered equivalent to an EU Member State) who:

• resides abroad; and
• wishes to:
  • establish their residence in Luxembourg; and
  • work there as a temporary intra-corporate transferee.

Supporting documents

You must submit a copy of the following documents with your application:

• a valid passport, showing all pages;
• travel health insurance valid throughout the territories of the Schengen Area Member States and covering, for the entire duration of the visa applied for:
  • medical treatment costs, including hospitalisation costs;
  • repatriation costs for medical reasons;
  • funeral costs;
• an employment contract with the transferring company:
  • dated and signed by both parties;
  • having been in force for at least 3 months;
  • valid beyond the duration of the transfer;
• a transfer agreement/assignment letter with the host company:
  • dated and signed by both parties;
  • which specifies a gross salary corresponding to at least the current monthly social minimum wage in force in Luxembourg;
  • which must specify:
    • the identities of the parties involved;
    • the employment contract start date;
    • the place of work;
    • the nature of the work;
    • working hours;
    • remuneration;
• a curriculum vitae;
• diplomas or professional qualifications required to carry out the salaried activity;
• a certificate of affiliation with the social security system of the country of origin, issued by the transferring country, or valid health insurance covering the period of the transfer to Luxembourg (certificate of coverage, form A1);
• an extract from the criminal record of the current country of residence, dated within the last 3 months, or an affidavit if there is a justifiable reason why a criminal record extract cannot be obtained;
• evidence that the host entity in Luxembourg and the transferring company based in a third country belong to the same company or group of companies;
• a valid residence permit issued by another EU Member State, if the applicant has previously lived in the Schengen Area.

Good to know

The residence permit for 'temporary Intra-Corporate Transferees' is valid:

• for specialists or managers:
  • for at least 1 year; or
  • if the transfer is for less than a year, then for the duration of that transfer;
• for trainees, for the duration of the transfer.

The residence permit is renewable but may not exceed:

• 3 years for a specialist or manager;
• 1 year for a trainee.

If you, as a transferred worker, wish to be accompanied by your spouse/partner and/or unmarried children (or those of your spouse or partner) under the age of 18, they too must apply for a long-stay visa as a prerequisite for being issued a residence permit as a family member.

Specific situation: ICT mobility within the EU

If you need to stay in several EU Member States, the application for a residence permit must be filed with the competent authorities in the first State you enter.

In addition, if your stay in Luxembourg is the first but not the longest, the application for a residence permit must be filed with the competent authorities in the country where you will be staying the longest.

If the application has first been filed in another Member State, and you therefore already hold a valid residence permit for Intra-Corporate Transferees, you may:

• exercise your mobility right to enter and stay in Luxembourg; and
• work for any other entity established in Luxembourg, which belongs to the same company or group of companies as the one in the third country of origin.

Luxembourg makes a distinction between two types of stays, i.e.: 'short-term mobility' and 'long-term mobility' stays.

Short-term mobility

Notification

You may stay in Luxembourg for up to 90 days in any 180-day period, provided the host entity established in the first EU Member State notifies the Minister responsible for immigration.

The following documents must be attached to this notification:

• a copy of all pages of your valid passport;
• a copy of your ICT residence permit that is still valid in the first Member State;
• evidence that the host entity and the entity established in a third country belongs to the same company or group of companies;
• an employment contract and, where applicable, an assignment letter, which have been sent to the first Member State;
• where applicable, the documents attesting that the temporary ICT satisfies the conditions applying to the exercise of the regulated profession to which the application pertains;
• a document stating the intended duration and dates of the mobility stay, if those details are not included in the documents listed above.

That notification must also filed with the competent authorities in the first Member State.

You may enter Luxembourg:

• immediately after the notification has been filed; or
• at any time thereafter, provided that your ICT residence permit issued by the first Member State is still valid.

Objection by the Minister to short-term mobility

The Minister can object to short-term mobility within 20 days of receiving the notification from the first Member State if:

• the maximum stay of 90 days in a 180-day period has already been reached; or
• you do not have a valid residence permit; or
• the transferring entity established in the third country and the host company in Luxembourg do not belong to the same company or group of companies; or
• it has not been ascertained that you meet the conditions required to exercise the regulated profession that you plan to exercise in Luxembourg.

If the Minister objects to your mobility, then you are not authorised to work in Luxembourg.

If you are already in Luxembourg, the Minister may ask you to stop working and leave the country if:

• they have not received the required notifications; or
• they have objected to the mobility.

Long-term mobility

Residence permit application

You may stay in the country for more than 90 days, provided the host entity established in the first Member State applies to the Minister responsible for Immigration for a residence permit.

The following documents must be attached to this application:

• a copy of all pages of your valid passport;
• a copy of your ICT residence permit that is still valid in the first Member State;
• evidence that the host entity and the entity established in a third country belongs to the same company or group of companies;
• a valid employment contract binding you to the transferring entity in a third country, both before and after the transfer 
• a transfer agreement or assignment letter specifying:
  • the duration of the temporary transfer;
  • the location of the host company/companies in Luxembourg;
  • proof that you will be working as a manager, a specialist or a trainee at the host company or companies in Luxembourg;
  • the remuneration and other employment conditions granted for the duration of the transfer;
  • proof that you will be able to return to an entity which belongs to the same company or group of companies, established in a third country, after the intra-corporate transfer ends;
• where applicable, documents certifying that you meet the conditions applicable to EU citizens for exercising the regulated profession in question.

You are authorised to work in Luxembourg until the Minister responsible for Immigration has returned a decision on your application for long-term mobility, provided that:

• the maximum working period of 90 days over a period of 180 days has not expired;
• the residence permit obtained in the first Member State has not expired;
• the complete application for a Luxembourg residence permit was filed with the Minister responsible for Immigration at least 20 days prior to the start of the long-term mobility.

Decision

If the application is:

• approved, you:
  • will receive a 'mobile ICT' residence permit, which allows you to stay and work in Luxembourg;
  • must undergo a medical check-up and declare your arrival to your commune of residence;
• denied, you will be sent back to the first Member State where you were authorised to stay under the terms of your ICT residence permit.

Procedures

Links