Nationals concerned

Each 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).

Activities concerned

The following are considered to be seasonal activities:

• harvesting (incl. grape harvesting, etc.);
• packaging of harvested products;
• the activities engaged in by leisure and holiday instructors and coordinators;
• the activities engaged in by holiday tour and tourist guides;
• surveillance and maintenance of beaches, outdoor swimming pools and camp sites;
• positions in retail stores, hotels and restaurants which are only open at certain times of the year, or which have a regular and foreseeable season-related increase in activity during the year;
• jobs in companies involved in aviation and the transportation of passengers that have a regular and foreseeable increase in activity at certain times of the year;

Preliminary steps

To find out about the prior administrative formalities to be completed by the employer, please see our dedicated information page and also the ADEM website.

Before hiring a third country national, the employer must obtain a certificate from the National Employment Agency (Agence pour le développement de l’emploi - ADEM) authorising them to hire the person of their choice.

Submitting the application for a work permit

You must submit a work permit application (on plain paper) from your country of origin to:

• the General Department of Immigration of the Ministry of Home Affairs; or
• a Luxembourg diplomatic or consular representation or to a diplomatic or consular mission representing Luxembourg.

You must state your identity (names and first names) as well as your exact address in your country of residence.

Supporting documents

You must attach the following documents and information:

• a full copy of your valid passport (all pages);
• check whether or not you must have a visa to enter the Schengen Area, and if necessary, apply for one (short-stay visa or visa C);
• an extract from your criminal record dated less than 3 months ago or an affidavit (sworn declaration) established in your country of residence;
• a copy of the seasonal employment contract, dated and signed by both you and your future employer in Luxembourg. The start date of the contract can mention that it is conditional on obtaining the work permit for seasonal workers;
• a copy of the certificate from ADEM granting your employer the right to hire a third-country national;
• proof that you have suitable housing or that suitable housing will be provided to you. This proof is not necessary if you have already been admitted to Luxembourg as a seasonal worker at least once in the last 5 years;
• proof that you have:
  • applied for health insurance; or
  • have already taken out health insurance;
• a power of attorney (mandate convention) if the application for the work permit is made by the employer.

Time limit for a response

If your application is approved, you will receive your work permit by post.

After entering the country, you must complete the necessary formalities for a short stay.

Withdrawal of the work permit

A work permit which has been granted can also be withdrawn if the employer:

• has been sanctioned for illegal work or employment of third-country nationals illegally staying in Luxembourg;
• has been declared bankrupt or is in compulsory liquidation, or if they have no business activity;
• has failed to fulfil their legal obligations as regards social security, tax, labour law or working conditions;
• has not fulfilled their obligations as required by labour law;
• has vacated a full-time position in the 12 months immediately preceding the application in order to create the job for which they are attempting to hire a seasonal worker.

If the permit is revoked for any one of these reasons, the employer will be required to pay compensation to the seasonal worker.

The compensation amounts to the salaries due for the period provided for in the employment contract which would have been worked if the work permit had not been revoked.

Good to know

If the work permit is lost, stolen or damaged, a replacement document can be provided by the General Department of Immigration if they are presented with a certificate of theft/loss issued by the police.

Procedures

Links