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:

• is posted to Luxembourg by a service provider established outside the EU; and
• for whom the employer has applied for a posting authorisation.

Preliminary administrative formalities to be completed by the business

Before posting employees to Luxembourg, a business established outside the EU must first apply to the General Department of Immigration of the Ministry of Home Affairs (Ministère des Affaires intérieures) for a posting authorisation. The business must state:

• the identities of the workers to be posted;
• the nature and duration of work to be carried out;
• the exceptional circumstances that justify considering that the national employment market would not be affected.

Applications must be accompanied by:

• the service agreement entered into between the posting business and the recipient of the services that conducts its operations in Luxembourg; and
• the business's business permit.

Posted third-country workers must:

• hold a valid passport;
• be associated with the business by a permanent employment contract;
• have started working for the business at least 6 months before the posting;
• check whether they have to obtain a visa to enter the Schengen area;

The posting business will then receive a collective posting authorisation. In principle, the authorisation is granted for the effective duration foreseen for the completion of the services.

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;
• a copy of the permanent employment contract, dated and signed by you and your business located in the country of origin (the contract must have taken effect at least 6 months prior to the beginning of the posting);
• the posting agreement or mission statement signed by the posting company and you:
  • 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;
• 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 posting country, or valid health insurance that covers 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;
• a valid residence permit issued by another EU Member State if you are already resident in the Schengen Area.

Response time

Good to know

The residence permit for 'posted workers' is only valid:

• for the duration of the posting; and
• for the employer who applied for the posting authorisation.

If you wish to engage in an activity other than the one you were posted for, you must apply for and receive a residence permit for third-country national salaried workers in advance.

Procedures

Links