In order to post workers to Luxembourg, a business established outside the EU must first apply for an authorisation for collective posting to the Immigration Directorate at the Ministry of Foreign and European Affairs.
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:
Third-country workers staying in Luxembourg during their posting must:
A national from an EU Member State or from a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) who is posted to Luxembourg by a service provider established outside the EU can freely work and/or reside in Luxembourg without an authorisation to stay during the period of posted work.
A third-country worker posted to Luxembourg by a service provider established outside the EU must have an authorisation to stay before he can enter Luxembourg.
The employer must apply for an authorisation for collective posting before his employees can receive an authorisation to stay.
Cross-border service providers established in the EU are not concerned: they may post their workers to Luxembourg without prior authorisation and without taking into account the workers' nationality provided said workers are legally and normally employed by the business.
The temporary posting must take place under a contract (for the provision of services) concluded between the posting business and the recipient of the provision of services who is carrying out his activity in Luxembourg.
A seconded worker is a worker who:
The posted worker is sent to Luxembourg for a limited period of time in a subordinate relationship with the posting business.
The period of time is determined:
A business established outside the EU must first obtain a business permit.
The posted EU national does not need to carry out any preliminary steps.
Posted third-country workers must meet the following requirements:
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 at their commune of residence and request a registration certificate.
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:
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:
Before the posted workers can come to Luxembourg, the employer must apply for a authorisation to post workers (authorisation for collective posting + individual temporary authorisation to stay) to the Immigration Directorate at the Ministry of Foreign and European Affairs and indicate:
The application must be accompanied by the following documents:
If the documents are not drawn up in German, French or English, an official translation by a 'sworn translator' must be attached.
In principle, the authorisation is granted for the effective duration foreseen for the completion of the services.
The business posting the employees will receive the authorisation for collective posting as well as the individual temporary authorisation to stay for the posted workers.
Before travelling and leaving the country of origin, the salaried worker subject to a visa must provide the temporary authorisation to stay and complete the visa type D application at the Luxembourg diplomatic or consular mission in his country of residence or, failing this, at the embassy or consulate of the country in the Schengen area which represents Luxembourg with regard to the issuance of visas (Belgium or the Netherlands).
The visa, valid for a maximum period of 3 months, is affixed in the passport in the form of a seal.
If the applicant's passport is due to expire in less than 6 months, it should be renewed before coming to Luxembourg.
Third-country nationals must come to Luxembourg with valid travel documents (passport and visa, where required) within 90 days of issuance of the temporary authorisation to stay.
Within 3 days of arrival in Luxembourg, they must make a declaration of arrival to the administration of the commune where they intend to take up residence, presenting:
The applicant will receive a copy of the declaration of arrival.
The copy of the declaration of arrival together with the authorisation to stay are valid as a work permit and authorisation to stay for a maximum period of 90 days from the date of declaration of arrival.
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:
After receiving the results of these examinations, the Immigration Medical Department (Service Médical de l'Immigration - SMI) of the National Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the Immigration Directorate (Direction de l'Immigration) of the Ministry of Foreign and European Affairs (ministère des Affaires étrangères et européennes) to allow the residence permit application to be processed.
Third-country nationals wishing to stay for more than 90 days must apply for a residence permit for posted workers to the Immigration Directorate within 3 months of their arrival in Luxembourg.
The following documents must be sent together with the residence permit application:
When the application is approved, the applicant will receive a letter inviting him to come in person with his/her valid passport and said letter to the Immigration Directorate of the Ministry of Foreign and European 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 have been collected, the applicant can pick up his residence permit in person at the Immigration Directorate. 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.
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.
The residence permit for 'posted workers' is only valid:
If the posted worker wishes to carry out another activity than the one he was posted for, he must apply for a residence permit for third-country national salaried worker.
The posting business must submit a duly justified application for renewal to the Immigration Directorate at the latest 2 months before the authorisation for posted work expires and attach:
The posting business must also apply for the renewal of the authorisation to stay of the posted workers. The application for renewal must be submitted to the Immigration Directorate at the latest 2 months prior to the expiry date of the authorisation to stay, accompanied by:
In case of loss, theft or deterioration of the residence permit, a specific procedure needs to be followed.
Titre de séjour - ressortissant de pays tiers en qualité de travailleur salarié détaché - renouvellement
Authorisation of secondment and authorisation to stay - third-country national in view of a salaried activity as a posted worker - explanatory note
Autorisation de séjour - ressortissant de pays tiers en qualité de travailleur salarié détaché - note explicative
Liste des observations sur les titres de séjour pour ressortissants de pays tiers