Staying longer than 90 days in Luxembourg as a third-country national temporary intra-corporate transferee (ICT)
Last update
Workers bound by an employment contract with a company abroad (transferring company) can be transferred to another entity within the same company or group of companies as a specialist or manager in order to provide specific skills, or as a trainee in order to acquire certain business techniques.
To stay and work in Luxembourg for more than 3 months, third-country national transferred workers must:
- before entering the country:
- have a temporary authorisation to stay issued by the General Department of immigration of the Ministry of Home Affairs;
- be in possession of a valid passport;
- request a visa type D after having obtained the temporary authorisation to stay;
- after entering the country:
- make a declaration of arrival at the communal administration within 3 days of arrival in their new commune of residence;
- undergo a medical check; and
- apply for a residence permit for temporary intra-corporate transferees.
Who is concerned
All third-country nationals—i.e., nationals of a country which is not an EU Member State or a country treated as such (Iceland, Liechtenstein, Norway and Switzerland)—who reside abroad and wish to stay and work in Luxembourg as temporary intra-corporate transferees first require a temporary authorisation to stay and then a residence permit.
The application for the authorisation to stay must be submitted by the host company (the Luxembourg entity) to the competent authorities before the third-country national enters the country.
Prerequisites
The transferred worker must have an employment contract with the company established in the third-country before and during their transfer to Luxembourg.
Preliminary steps
Third-country nationals must meet the following requirements first:
- have been employed by the business or the group of businesses transferring the employee for an uninterrupted period of at least 3 months immediately preceding the application for transfer;
- have a valid passport;
- check whether or not they require a visa to enter the Schengen area.
How to proceed
Step 1: before entering the country
The hosting employer must submit a considered and detailed application for a temporary authorisation to stay to:
- the General Department of immigration; or
- a Luxembourg diplomatic or consular representation or to a diplomatic or consular mission representing Luxembourg.
The application must be accompanied by the following documents relating to the third-country national:
- a copy of their valid passport, in its entirety;
- an recent extract of the criminal record or an affidavit (sworn declaration) established in the country of residence;
- a certificate of affiliation with the social security in the country of origin / Luxembourg, or the proof that an application for affiliation has been submitted.
The documents enclosed must be originals or certified true copies (except for the passport where a plain copy will suffice). Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).
If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.
In case of a favourable reply, the third-country national receives a 'temporary authorisation to stay' sent by post. This temporary authorisation to stay is valid for a duration of 90 days.
Passports and visas
If they do not require a visa, the third-country national may enter Luxembourg with their authorisation to stay and their passport.
If the third-country national does require a visa, they must apply for a type D visa, before their trip and from their country of origin. The application, along with their authorisation to stay, must be submitted to:
- to the Luxembourg diplomatic or consular body in their country of origin;
- or failing that, the Belgian embassy or consulate.
The visa, in the form of a seal, is affixed in the passport and is valid for 3 months.
If the passport of the third-country national is due to expire in less than 6 months, it should be renewed before coming to Luxembourg.
After entering Luxembourg, the third-country national must take steps to obtain a residence permit.
If the third-country national has a valid residence permit for family members of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. The third-country national must nonetheless have a temporary authorisation to stay.
Step 2: after entering the country
Declaration of arrival
Third-country transferred workers must file a declaration of arrival with the authorities of their commune of residence within 3 days of arriving in Luxembourg. In doing so, they will be expected to produce:
- valid travel documents (passport);
where applicable, the residence and/or work permit issued by the EU Member State where the transferring company is established.
Medical check-up
Third-country transferred workers who wish to stay in Luxembourg for more than 3 months must undergo a medical check for foreigners as soon as possible after arriving in Luxembourg. This check comprises:
- a medical examination by a doctor established in Luxembourg and authorised to work as a general practitioner, a practitioner specialised in internal medicine or pediatrics; and
- a tuberculosis (TB) screening performed at a medical analysis laboratory (with a prescription from the doctor who performed the medical examination) or at the Health and Social Welfare League (Ligue médico-sociale - LMS), for any person aged 2 years and over; and
- a tuberculosis screening using a tuberculin test at the Health and Social Welfare League (Ligue médico-sociale - LMS) for children aged between 2 months and 2 years.
After receiving the results of these examinations, the Health Inspection (Inspection sanitaire) of the Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the General Department of immigration of the Ministry of Home Affairs to allow the residence permit application to be processed.
Residence permits will not be granted to applicants who refuse to undergo the required medical check-up.
Residence permit application
Third-country nationals wishing to stay for more than 3 months must file an application for a residence permit for intra-corporate transferees (ICT) with the General Department of immigration within 90 days of their arrival in Luxembourg.
Applications for a residence permit can be submitted online using MyGuichet.lu or by post using a specific form (see 'Online services and forms').
Submitting the application online
The application for a residence permit is available on MyGuichet.lu. The online procedure can be completed:
- with authentication using:
- a LuxTrust product (e.g. Smartcard, Signing stick or Token); or
- an electronic identity card (eID); or
- without authentication.
- have a private eSpace (Pdf, 3.49 Mb); and
- link their private eSpace with the MyGuichet.lu mobile app.
The application can also be submitted via the MyGuichet.lu mobile app. In order to do so, applicants must:
The supporting documents indicated below must be attached to the online application.
Submitting the application by post
If the application is submitted by post, the application form and the supporting documents listed hereafter must be sent to the Ministry of Home Affairs.
Supporting documents
The following documents must be attached to the application:
- a copy of their valid passport, in its entirety;
- a copy of the declaration of arrival issued by the communal administration;
- proof of suitable housing (rental agreement, property deed, etc.);
- proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL; beneficiary: Ministry of Home Affairs, General Department of immigration; communication: residence permit for...).
The documents enclosed must be originals or certified true copies (except for the passport where a plain copy will suffice). Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).
If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.
Incomplete applications will be returned to the applicant.
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 them to make an appointment with the General Department of immigration of the Ministry of Home Affairs in order to have their 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 pick up the residence permit in person at the General Department of immigration, by appointment.
The residence permit takes the form of a chip card containing the biometric data.
The Ministry of Home Affairs must be notified of any change in your situation during your stay.
Validity period and renewal
The residence permit for 'workers under an intra-corporate transfer scheme' is valid for a minimum of 1 year for transferred managers or specialists or only for the duration of the stay if the duration of the transfer is shorter.
In the case of trainees, the residence permit for 'workers under an intra-corporate transfer scheme' is valid for the duration of the transfer.
The residence permit is renewable but may not exceed:
- 3 years for the specialist or manager;
- 1 year for the trainee employee.
The application for renewal must be submitted to the General Department of immigration within 2 months from the expiry date of the residence permit. The application can be made in the same way as for the residence permit application, as described above, i.e. online via MyGuichet.lu or by post using a specific form (see 'Online services and forms'). It must be accompanied by the following documents:
- a copy of their valid passport, in its entirety;
- a copy of the amendment to the work contract / transfer agreement;
- a recent extract from the criminal record in Luxembourg;
- proof of payment of a EUR 80 fee into the IBAN account LU46 1111 2582 2814 0000 (BIC: CCPLLULL; beneficiary: Ministry of Home Affairs, General Department of immigration; communication: residence permit for...).
Staying as a family member of a transferred worker
If the transferred worker wishes to be accompanied by their spouse/partner, or their single underage children (or those of the spouse/partner), they must include the documents required for family reunification.
Loss, theft or damage to the residence permit
There is a special procedure to be followed if the residence permit is lost, stolen or damaged.
Specific situation: the mobility of the transferred worker within the European Union
If the third-country national is required to stay in several EU Member States, the application for the authorisation to stay has to be submitted to the competent authorities of the first Member State in which the transferee will stay.
In addition, if the transferee stays in Luxembourg first but the stay is not the one with the longest duration, the authorisation to stay must be applied for to the competent authorities of the other Member State.
If the application was submitted in another Member State first and the third-country national therefore already has a valid authorisation to stay / residence permit for an intra-corporate transfer, the worker can make use of their right to mobility in Luxembourg, and work in any other undertaking established in Luxembourg provided said undertaking belongs to the same company or group of companies as the one in the third country of origin.
There are 2 types of stay in Luxembourg: a stay with short-term mobility and a stay with long-term mobility.
It should be noted that it is not possible to apply for both types of stay at the same time. If short-term mobility has already been applied for and granted but long-term mobility was actually needed, the application for long-term mobility has to be submitted to the Minister responsible for immigration at least 20 days prior to the end of the short-term mobility period.
Short-term mobility
Third-country nationals can stay in Luxembourg for a maximum period of 90 days during a period of 180 days, provided that the host company established in the first Member State has notified the Luxembourg Minister responsible for immigration.
The notification must be submitted together with the following documents:
- a copy of their valid passport, in its entirety;
- a copy of the ICT authorisation to stay / residence permit valid in the first Member State;
- evidence that the host company and the undertaking established in the third country belong to the same company or group of companies;
- the employment contract and, where applicable, the assignment letter submitted to the first Member State;
- where appropriate, documents certifying that the person being temporarily transferred within the group satisfies the conditions governing the activity for citizens of the Union regarding the regulated profession to which the application relates;
- a document indicating the duration and the dates of mobility, if this information is not already stated in any of the other documents indicated above.
If the documents are not in German, French or English, a certified translation by a sworn translator must be enclosed.
The notification must also be submitted to the competent authorities in the first Member State.
The third-country national can come to Luxembourg immediately after the notification is submitted, or at any later time, provided that the validity period of the intra-corporate transferee (ICT) residence permit issued by the first Member State has not expired.
Objection by the Minister to short-term mobility
The Minister can object to the third-country national's short-term mobility within 20 days from 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
- the third-country national has no valid residence permit; or
- the entity established in the transferring country and the host company in Luxembourg do not belong to the same company or group of companies; or
- it has not been established that the transferred worker meets all the conditions required to carry out the regulated profession in Luxembourg.
If the Minister does oppose their mobility, the transferred third-country national is not authorised to work in Luxembourg.
If the third-country national is already in Luxembourg, the Minister can request that the professional activity must stop and that the person concerned must leave the country if the Minister:
- has not received the required notifications, or;
- has objected to mobility.
Long-term mobility
Third-country nationals can stay in Luxembourg for a maximum period more than 90 days, provided that the host company established in the first Member State has applied for a residence permit to the Luxembourg Minister responsible for immigration.
The application must be accompanied by the following documents:
- a copy of their valid passport, in its entirety;
- a copy of the ICT authorisation to stay / residence permit valid in the first Member State;
- evidence that the host company and the undertaking established in the third country belong to the same company or group of companies;
- a valid employment contract which binds the third-country national to the transferring entity before and during the transfer;
- a transfer agreement / assignment letter which contains:
- the duration of the temporary transfer;
- the location of the host company/companies in Luxembourg;
- evidence that the third-country national carries out managerial functions, is employed as a specialist or as a trainee for the host company or companies established in Luxembourg;
- the remuneration and other employment conditions granted for the duration of the transfer;
- evidence that the transferred worker can return to work in the same company or group of companies established in a third country after the temporary intragroup transfer;
- the duration of the temporary transfer;
- where appropriate, documents certifying that the third-country national satisfies the conditions governing the activity for citizens of the Union regarding the regulated profession to which the application relates.
If the documents are not in German, French or English, a certified translation by a 'sworn' translator must be enclosed.
Please note that the third-country national does not have to leave the territory of the EU Member States to submit the application for long-term mobility.
The third-country national is authorised to work in Luxembourg until the Minister in charge of immigration has made a decision regarding the long-term mobility application, 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 residence permit in Luxembourg has been submitted to the Minister in charge of immigration at least 20 days prior to the beginning of the long-term mobility programme.
If the application is approved, the third-country national will be granted a residence permit 'mobile ICT', which allows them to stay and work in Luxembourg. The third-country national must undergo a medical check and declare their arrival in the commune of residence.
If the residence permit is denied, the third-country national is sent back to the first Member State in which they resided with the authorisation to stay / residence permit ICT.
Online services and forms
Who to contact
-
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
Immigration Directorate - 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
Links
Further information
-
Visa and immigration
on the website of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade
-
Luxembourg diplomatic and consular missions
on the website of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade
-
List of countries whose citizens require a visa
on the website of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade
-
Travel documents for non-EU nationals
on Your Europe
-
Listes des experts, traducteurs et interprètes assermentés
sur le site du ministère de la Justice
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
portant exécution de certaines dispositions relatives aux formalités administratives prévues par la loi du 29 août 2008 sur la libre circulation des personnes et l'immigration
