Work for beneficiaries of a postponement of deportation or suspension of deportation for medical reasons

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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 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;

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. The permit is renewable for as long as the conditions are met.

A temporary work permit is no longer valid: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 the decision to postpone deportation expires;
  • 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A temporary work permit will be withdrawn: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The applicant's employment contract will be terminated automatically when the temporary work permit expires or is withdrawn.

Who to contact

  • Ministry of Home Affairs General Department of immigration - Department for refugees

    Address:
    26, route d'Arlon L-1140 Luxembourg Luxembourg
    B.P. 752 L-2017 Luxembourg
    Phone:
    (+352) 247 84565
    from 9.00 - 12.00 and 14.00 - 16.00
    Fax:
    (+352) 247 84050
    Email address:
    immigration.asile@mai.etat.lu
    Website:
    https://maint.gouvernement.lu/en.html
    Closed ⋅ Opens at 8.30
    Friday:
    8.30 to 12.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.30 to 12.00
    Tuesday:
    8.30 to 12.00
    Wednesday:
    8.30 to 12.00
    Thursday:
    8.30 to 12.00
    Service for new arrivals: Monday to Friday from 8.30 - 12.00; Extension desk: only by appointment.

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Related procedures and links

Procedures

Links

Further information

Hiring of a third-country national

on the Employment Portal (ADEM)

Legal references

Loi du 18 décembre 2015

relative à l'accueil des demandeurs de protection internationale et de protection temporaire, et modifiant la loi modifiée du 10 août 1991 sur la profession d'avocat

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