Residence of workers posted by businesses established in the EU
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A business established in a Member State of the European Union (EU) or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) may freely post its workers to Luxembourg.
A distinction must be made between the posted worker's nationality (EU citizen or third-country national) and the duration of their posting (more or less than 3 months).
For a stay of less than 3 months in Luxembourg, posted EU national workers do not need to carry out any formalities.
For a stay of more than 3 months, EU national workers must:
- make a declaration of arrival in their new commune of residence; and
- fill in a registration certificate at the communal office.
In order to reside in Luxembourg during their posting, third-country nationals must make a declaration of arrival in their new commune of residence.
In the event of a stay exceeding 3 months, they must also:
- undergo a medical check; and
- apply for a residence permit for posted workers from a service provider established in the EU.
Who is concerned
Each worker posted to Luxembourg by a business established in the EU or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) can, whatever their nationality, work and/or reside in Luxembourg during the posting provided they are duly authorised to work in the country where the posting business is established.
Workers posted by service providers established outside the EU are not concerned: their employer must apply for an authorisation for collective posting (also 'authorisation of secondment') in order to receive the temporary authorisation to stay for the workers concerned before they can come to Luxembourg.
Prerequisites
A company established in another EU Member State or a country treated as such may freely post its workers, whatever their nationality, to Luxembourg, provided the posted workers have, for the duration of their posting, the right to work and stay in the country where the posting business is established.
The temporary posting must take place under a contract concluded between the posting business and the recipient of the service established in Luxembourg.
A posted worker is a worker who:
- usually works abroad; and
- carries out work on the territory of the Grand Duchy of Luxembourg;
- carries out a provision of services for a fixed period of time which is detailed in a services contract concluded specifically for said services.
The posted worker is sent to Luxembourg for a limited period of time in a subordinate relationship with the posting business.
The fixed period of time depends on:
- the frequency, periodicity and continuity of the provision of services; and
- the nature of the activity requiring the posting.
Preliminary steps
Businesses established in the EU (or a country treated as such) must first request an A1 certificate (E101 form) from the Social Security in the country of origin for each posted worker.
The posted EU national does not need to carry out any preliminary steps.
Posted third-country nationals must meet the following requirements:
- hold a valid passport;
- be associated with the business by an employment contract;
- hold a valid EU residence permit or EU work permit.
How to proceed
Posting of EU citizens
Staying for less than 90 days
For a stay of less than 3 months, EU citizens do not have to carry out any formalities.
They only have to hold a valid national identity card or passport.
They can also, if they so wish, make a declaration of arrival in their commune of residence and request a registration certificate.
Staying for more than 90 days
For a stay of more than 90 days, EU citizens must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 8 days of their arrival in Luxembourg, and present
- a valid national identity card or passport;
- an A1 certificate (E101) provided by their employer prior to the posting;
- where applicable, the declaration of departure issued by the authorities in the previous commune of residence.
EU citizens must also complete a registration form at the commune within 90 days of their arrival in Luxembourg.
The registration form must be submitted together with the following documents:
- a copy of a valid national identity card or passport;
- a copy of the employment contract;
- a copy of the A1 certificate (E101) provided by the employer.
Posting third-country nationals to the EU
Before entering the country
In order to lawfully enter and reside in Luxembourg, third-country nationals must have a valid passport and a residence permit (or work permit where applicable) issued by the EU Member State where they usually reside (or work).
If the applicant's passport is due to expire in less than 6 months, he/she is advised to renew it before coming to Luxembourg.
After entering the country
Declaration of arrival
Whatever the duration of the stay in Luxembourg, posted third-country nationals must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 3 days of arrival in Luxembourg, and present:
- valid travel documents (passport);
- the residence and/or work permit issued by the EU Member State where the employer's business is established;
- an A1 certificate (E101) provided by their employer prior to the posting;
- where applicable, the declaration of departure issued by the authorities in the previous commune of residence.
In the event of a stay of more than 3 months, some communal administrations will not establish a declaration of arrival because no temporary authorisation to stay was issued beforehand. In this case, applicants must make a declaration of arrival for a stay of less than 3 months and apply for a residence permit as soon as possible.
Medical check
Posted workers are not subject to a mandatory medical check as it is deemed to have taken place in the EU Member State where the worker has his usual place of residence.
Residence permit application
For a stay of more than 90 days, third-country nationals must submit an application to the General Department of immigration for a residence permit for workers from a service provider established in the EU within 3 months of arrival in Luxembourg and provide:
- the name and company name of the employer;
- and the name and company name of the client in Luxembourg.
The Ministry of Home Affairs checks that the conditions required are met and issues the residence permit.
When the application is approved, the applicant will receive a letter inviting him to come in person with his/her valid passport to the General Department of immigration of the Ministry of Home Affairs during opening hours. The applicant will have his photograph and fingerprints taken which will be incorporated into the residence permit. The applicant may also bring a recent photograph compliant with OACI/ICAO standards ('biometric passport standards').
A few days after the biometric data has been collected, the applicant can collect his residence permit in person at the General Department of immigration. The exact date will be communicated to the applicant at the time the biometric data is collected.
The residence permit takes the form of a chip card containing the biometric data. It includes the work permit.
The applicant must return to the administration of the commune of residence with the passport in order to confirm the declaration of arrival and obtain a certificate of residence.
Validity period and renewal
The residence permit for posted workers from a service provider established in the EU is valid:
- for the duration of the posting at the most; and
- only for the employer who applied for the authorisation.
In the event of an extension of the initial posting period, the posted worker must apply for a renewal of his residence permit for the duration of the extension.
The application for renewal must be submitted to the General Department of immigration at the latest 2 months prior to the expiry date of the authorisation to stay, accompanied by:
- a copy of the authorisation for the extension which has been granted to the employer;
- a copy of the addendum to the services contract;
- a copy of their passport;
- an extract from the criminal record;
- proof of payment of a EUR 80 tax into the IBAN account LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: Ministry of Home Affairs, General Department of immigration; communication: residence permit for...).
Loss, theft or damage to the residence permit
In case of loss, theft or damage to the residence permit, a specific procedure needs to be followed.
Online services and forms
Who to contact
Communal administrations
- Address:
- Luxembourg
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
- Phone:
-
(+352) 247 84 040
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
Related procedures and links
Procedures
Links
Further information
Legal references
-
Loi modifiée du 29 août 2008
portant sur la libre circulation des personnes et l'immigration
-
Règlement grand-ducal modifié du 5 septembre 2008
fixant les conditions et modalités relatives à la délivrance d’une autorisation de séjour en tant que travailleur salarié
