Third-country nationals benefiting from a postponement of deportation or suspension of deportation for medical reasons may apply to work temporarily in certain specific cases. This temporary work permit (autorisation d’occupation temporaire – AOT) is only valid for one profession and one specific employer.
The AOT is valid for 6 months and can be renewed.The granting of an AOT does not entitle the holder to a residence permit, or to the payment of full unemployment benefits.
Who is concerned
Third-country nationals benefiting from a valid decision to postpone deportation or suspend deportation for medical reasons are affected.
How to proceed
Temporary work permit application
Before hiring a third-country national, employers must declare the vacant position to the National Employment Agency (Agence pour le développement de l'emploi - ADEM). The ADEM checks whether the position could be filled by persons registered with the Agency.
If there are no available candidates registered with the ADEM, persons benefiting from a postponement of deportation or suspension of deportation may apply for an AOT from the department for third-country nationals, salaried workers office of the Immigration Directorate.
The application submitted must include:
- the certificate for the postponement or suspension of deportation;
- where applicable, a certified copy of the original of certificates proving the professional qualifications of the worker;
- a copy of the passport of the person concerned (if available);
- a copy of the employment contract, dated, signed and compliant with Luxembourg labour law;
- the CV of the person concerned;
- a letter explaining and justifying the employment of the applicant by the employer;
- a "right to recruit" certificate issued to the employer by ADEM.
Temporary work permit applications are approved or rejected by the Minister responsible for immigration.
Permit validity and renewal
The permit is valid for 6 months for a specific employer and for one profession, and can be renewed.
A temporary work permit is no longer valid:
- when it expires;
- when one of the parties to the employment contract ends the working relationship;
- when it expires due to the cancellation of the decision to postpone deportation;
- when the suspension of deportation for medical reasons expires.
A temporary work permit will be withdrawn:
- if the beneficiary works in a different profession to that authorised;
- if the beneficiary fraudulently resorted to dishonest practices or incorrect declarations to obtain it.
The applicant's employment contract will be terminated automatically when the temporary work permit expires or is withdrawn.