Work permit exemption for third-country nationals who are the spouse, partner or child of an EU citizen cross-border worker
Last update
Third-country nationals resident in another EU Member State or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) with their spouse or registered partner or one of their parents who already works in Luxembourg, may be exempt from a work permit to work in Luxembourg.
Who is concerned
Third-country nationals may be granted a work permit exemption, if:
- they are legally resident in another EU Member State or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) with their spouse, registered partner or parent (or parents) who are citizens of an EU Member State or country treated as such; and
- their spouse, registered partner or parent already works in Luxembourg.
Prerequisites
Preliminary steps
The employer must declare the vacant position to the National Employment Agency (Agence pour le développement de l'emploi - ADEM) before recruiting a third-country national, and be able to prove it.
How to proceed
Before commencing work in Luxembourg, third-country nationals must make a written application for a work permit exemption to the General Department of immigration of the Ministry of Home Affairs.
The exemption application must indicate the applicant's identity details (surname(s), first name(s) and exact address in the country of residence) and must be accompanied by the following documents and information:
- a copy of their valid passport, in its entirety;
- a copy of an authorisation to stay issued by another EU Member State or country treated as such (Iceland, Liechtenstein, Norway or Switzerland);
- where applicable, a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and their employer;
- a recent certificate of affiliation to the Luxembourg Joint Social Security Centre for the spouse/registered partner or the parent which must include all the spouse/registered partner or parent's affiliations with Luxembourg social security;
- recent proof of family relationship (e.g. marriage certificate, partnership certificate, family record book, birth certificate, etc.);
- a recent household composition certificate and a recent certificate of residence from their country of residence;
- Where necessary, a proxy.
Proxy: third-country nationals may mandate a third party (e.g. the future employer) to submit the application in their place. In this case, the proxy holder, with the exception of attorneys, must provide proof of their mandate in the form of a written power of attorney, duly dated and signed by the principal. The signature must be preceded by the handwritten note 'bon pour procuration' (good for proxy).
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.
Only complete applications will be processed. Incomplete applications will be returned to the applicant.
The Ministry of Home Affairs normally responds within 3 months. If no response is received within this time, the application shall be deemed to have been rejected.
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
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
-
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
