Staying and working in Luxembourg as a transferred worker
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Salaried workers with a permanent employment contract in a business located abroad (the transferring company), and who have been carrying out specific tasks in said foreign business for a certain amount of time and thus have acquired a definite professional experience, may be transferred to Luxembourg to provide a Luxembourg business (the host company) with the benefits of their experience.
To qualify as a transferred worker, the salaried worker must:
- have concluded a contract with the company carrying out the transfer;
- conclude a new employment contract or a transfer agreement with the host company for specific work and for a specified period of time.
For the duration of the transfer:
- the employment contract with the company carrying out the transfer is suspended;
- the employer/employee relationship only exists between the host company and the transferred worker.
As regards the formalities to be carried out as a transferee in order to stay and work in Luxembourg, a distinction must be made between the transferred worker's nationality (EU citizen or third-country national) and the duration of the transfer (more or less than 3 months).
To stay in Luxembourg for less than 3 months during their transfer, transferred workers who are EU citizens or from a country treated as such (Iceland, Norway, Liechtenstein or Switzerland) do not need to carry out any formalities.
In order to stay for more than 3 months, EU citizens or nationals from a country treated as such must:
- make a declaration of arrival in their new commune of residence;
- and complete a registration certificate.
To stay and work in Luxembourg for less than 3 months, third-country national transferred workers must:
- before entering the country:
- hold a valid passport;
- and, where applicable, apply for a type D visa;
- after entering the country:
- make a declaration of arrival within 3 days of arrival in their new commune of residence.
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;
- hold 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 within 3 days of arrival in their new commune of residence;
- undergo a medical check;
- and submit an application for a residence permit as a third-country transferred worker.
Who is concerned
Every third-country national (i.e. a national from a country which is not an EU Member State or a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) requires a temporary authorisation to stay and then a residence permit if they reside abroad and wish to stay and work in Luxembourg as a transferred worker.
The host company must apply for a temporary authorisation to stay before the salaried worker comes to Luxembourg.
Salaried workers who are EU citizens or from a country treated as such (Iceland, Norway, Liechtenstein or Switzerland) do not need a temporary authorisation to stay nor a residence permit.
Prerequisites
Salaried workers who are EU citizens or from a country treated as such must hold:
- a national identity card;
- or a valid passport.
Third-country nationals must meet the following requirements first:
- have concluded a permanent employment contract since a certain amount of time with the company carrying out the transfer;
- have signed an employment contract (permanent employment contract or fixed-term employment contract) with the host company;
- hold a valid passport;
- check whether or not they have to obtain a visa to enter the Schengen area.
How to proceed
Transfer of a salaried worker who is an EU citizen or from a country treated as such
Staying for less than 3 months
For a stay of less than 3 months, EU citizens do not have to carry out any formalities.
They simply 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 3 months
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 national identity card;
- or a valid passport.
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 valid national identity card or passport;
- a copy of the employment contract.
Transfer of a third-country worker
Before entering the country
The hosting business (employer) must submit a motivated application for a temporary authorisation to stay to the General Department of immigration.
The application must mention:
- the name and company name of the employer;
- a postal address;
- the duration of the transfer;
- the object of the transfer.
The application must also be accompanied by the following documents concerning the transferred worker:
- a copy of their valid passport, in its entirety;
- a recent extract from the criminal records office or a sworn affidavit established in their country of residence;
- a curriculum vitae;
- a social security registration certificate issued in the country of origin / the country they are sent from;
- a copy of the permanent employment contract duly dated and signed by the transferred worker and the transferring company;
- a copy of the employment contract or of the transfer agreement between the host company and the transferred worker indicating the duration of the planned transfer.
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.
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. During that time, the third-country national must:
- either apply for an entry visa to the Schengen area, if he is subject to visa requirements;
- or, if he is not subject to visa requirements, enter Luxembourg territory and make a declaration of arrival to the administration of the commune where he resides.
After entering Luxembourg, the third-country national must take steps to obtain a residence permit.
After entering the country
Declaration of arrival
Whatever the duration of the stay in Luxembourg, third-country transferred workers 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);
- where applicable, the residence and/or work permit issued by the EU Member State where the company carrying out the transfer is established.
Medical check-up
Transferred non-EU national workers wishing to stay in Luxembourg for more than 3 months must undergo a medical check for foreigners as soon as possible which consists in:
- a medical examination by a doctor established in Luxembourg;
- and a TB screening by the Health and Social Welfare League (Ligue médico-sociale - LMS).
Following the results of these examinations, the Immigration Medical Department (SMI) of the Health Directorate will issue a medical certificate which will be sent to the General Department of immigration for the purpose of processing the application for a residence permit.
Residence permit application
Third-country nationals wishing to stay for more than 3 months must apply for a residence permit for transferred workers to the General Department of immigration within 90 days of entry into Luxembourg.
The following documents must be sent together with the residence permit application:
- a copy of the filled-in pages the valid passport;
- a copy of the temporary authorisation to stay;
- 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 the account IBAN account 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 him to come in person with his valid passport to the General Department of immigration 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 are being collected.
The residence permit takes the form of a chip card containing the biometric data. It includes the work permit.
Validity period and renewal
A residence permit for a 'transferred worker' is valid:
- for a maximum of 1 year;
- only for the employer who has concluded the initial employment contract with the host company.
In the event of an extension of the initial transfer mission, the transferred worker must apply for a renewal of his residence permit for a maximum duration of 1 year.
The application for renewal must be submitted to the General Department of immigration at the latest 2 months prior to the expiry of the residence certificate accompanied by:
- a copy of their valid passport, in its entirety;
- a copy of the amending work contract / the transfer agreement;
- a recent extract from the criminal record in Luxembourg;
- 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...).
Staying as a family member of a transferred worker
If the transferred worker wishes to be accompanied by his spouse/partner or single underage children (or the children of the spouse/partner), he must include the requested documents for family reunification.
Loss, theft or damage to the residence permit
In case of loss, theft or deterioration of the residence permit, a specific procedure needs to be followed.
Online services and forms
Who to contact
Communes (communal administrations)
General Department of immigration - 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
- 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
Enrolment and issuing of biometric residence permits: by appointment only
Related procedures and links
Procedures
Links
Further information
Legal references
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Loi modifiée du 29 août 2008
portant sur la libre circulation des personnes et l'immigration
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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
