Third-country nationals who wish to live in Luxembourg for more than 3 months in order to work in a seasonal job, must follow a 2-step procedure:

• Step 1: before entering the country:
  • submit an application for a temporary authorisation to stay to the Immigration Directorate of the Ministry of Foreign and European Affairs;
  • be in possession of a valid passport;
  • for individuals who require a visa to enter Luxembourg, apply for a type D visa after having obtained the temporary authorisation to stay;
• Step 2: after entering the country:
  • file a declaration of arrival with the new commune of residence in Luxembourg within 3 days of arrival;
  • undergo a medical check;
  • then apply for a residence permit for third-country national seasonal workers.

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 an authorisation to stay and then a residence permit if they:

• reside abroad and intend to establish residence in Luxembourg to work on a seasonal basis;
• or already legally reside in Luxembourg without having worked there and wish to work on a seasonal basis there;

The application for the authorisation to stay may be submitted by the third-country national themselves or their employer. The third-country national may appoint a third-party, including their employer, to carry out the necessary procedures.

Prerequisites

Third-country nationals who apply for an authorisation to stay to work in Luxembourg as a seasonal worker can only exercise a seasonal activity.

The following are considered to be seasonal activities:

• harvesting (incl. grape harvesting, etc.);
• packaging of harvested products;
• the activities engaged in by leisure and holiday instructors and coordinators;
• the activities engaged in by holiday-tour and tourist guides;
• surveillance and maintenance of beaches, outdoor swimming pools and camp sites;
• positions in retail stores, hotels and restaurants which are only open at certain times of the year, or which have a regular and foreseeable season-related increase in activity during the year;
• jobs in companies involved in aviation and in the transport of passengers that have a regular and foreseeable increase in activity at certain times of the year;

Moreover, before coming to Luxembourg, the third-country national must first:

• hold a valid passport;
• check whether or not they have to obtain a visa to enter the Schengen area;
• be in possession of the original certificate issued by the National Employment Agency (Agence pour le développement de l'emploi - ADEM) authorising the employer to hire a third-country national.

Preliminary steps

Before they can hire a salaried worker, employers must first make a declaration of vacant position to ADEM. The declaration will allow the employment agency to check whether there is a suitable candidate available on the local or EU job market.

If the job offer cannot be filled with a person registered with the ADEM within a 3 week deadline, the employer is allowed to conclude an employment contract with a person of his choice, under certain conditions, including a non-EU national.

To this end, the employer must submit an application on plain paper to the ADEM's director and request a certificate granting him the right to hire a third-country national.

The employer must then sign a dated employment contract with the future seasonal worker. It may be stated in the contract that the start date is "the date on which the worker obtains the temporary authorisation to stay for seasonal workers".

The employer must hand over the original certificate to the seasonal worker, who must attach it to his application for the authorisation to stay. However, the employers may directly forward the certificate to the Immigration Directorate if they have been given a mandate by the third-country national to submit the application for a temporary authorisation to stay on their behalf.

Employers hiring seasonal workers from third countries have to:

• request to see the seasonal worker's authorisation to stay before beginning the working relationship;
• request a copy of the seasonal worker's authorisation to stay and keep said copy for the whole duration of the contract;
• notify the beginning of the working relationship to the Ministry of Foreign and European Affairs within 3 working days from the first day of work.

How to proceed

Step 1: before entering the country

Application for an authorisation to stay

The third-country national or their employer must submit an application for a temporary authorisation to stay (on plain paper) from their country of origin:

• to the Immigration Directorate of the Ministry of Foreign and European Affairs; or
• to a Luxembourg diplomatic or consular representation or to a diplomatic or consular mission representing Luxembourg.

Except in exceptional cases (e.g., third-country nationals who already hold a residence permit in Luxembourg), the application must be submitted and approved before coming to Luxembourg. Applications submitted from Luxembourg are inadmissible.

Supporting documents to be included with the application

The application for authorisation to stay must specify the applicant's identity (surname, 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;
• an extract from their criminal records or an affidavit (sworn declaration) established in the country of residence;
• a copy of their diplomas or professional qualifications;
• a copy of the seasonal employment contract, dated and signed by both the applicant and the future employer in Luxembourg;
• the original copy of the certificate from the National Employment Agency granting the employer the right to hire a third-country national;
• proof of suitable housing for the third-country national, or that suitable housing will be provided. This proof is not necessary if the third-country national has already been admitted to Luxembourg as a seasonal worker at least once in the last five years;
• a power of attorney, if the application for authorisation to stay is made by the employer.

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 time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. If no response is received within this time, the application has been rejected.

If their application is approved, the third-country national will be sent a 'temporary authorisation to stay' by post. The temporary authorisation to stay is valid for a duration of 90 days. During that time, the third-country national must:

• either apply for visa for entry in the Schengen Area, if they are subject to visa requirements; The visa must be obtained prior to entering the territory of the Grand-Duchy;
• or, if they do not require a visa, enter Luxembourg and file a declaration of arrival with the administration of the commune where they reside.

After entering Luxembourg, the third-country national must take steps to obtain a residence permit.

Passport and visa

If they do not require a visa, the third-country national may enter Luxembourg with their authorisation to stay and their passport.

If the third-country national does require a visa, they must apply for a type D visa before their trip and from their country of origin. The application, along with their authorisation to stay, must be submitted to:

• the Luxembourg diplomatic or consular body in their country of origin or;
• failing that, to the Belgian embassy or consulate.

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, they are advised to renew it before coming to Luxembourg.

Step 2: after entering the country

Declaration of arrival

When entering Luxembourg territory, the third-country national must hold valid travel documents (visa and passport, where applicable), as well as their temporary authorisation to stay.

They 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, presenting:

• a valid travel document (passport and, where applicable, a visa or a residence permit or authorisation issued by another EU Member State);
• the original copy of the temporary authorisation to stay;
• where applicable, valid proof of domicile (rental agreement, electricity bill, employer's affidavit, etc.).

The applicant will receive a copy of their declaration of arrival as a receipt.

The copy of the declaration of arrival together with the authorisation to stay both serve as a seasonal work permit and authorisation to stay until the residence permit is issued.

Medical check-up

The third-country national seasonal worker must undergo a medical check-up for foreigners as soon as possible. This medical check-up consists of:

• a medical examination by a doctor established in Luxembourg and authorised to work as a general practitioner, a practitioner specialised in internal medicine or pediatrics; and
  
• a tuberculosis (TB) screening performed at a medical analysis laboratory (with a prescription from the doctor who performed the medical examination) or at the Health and Social Welfare League (Ligue médico-sociale - LMS), for any person aged 2 years and over; and
• a tuberculosis screening using a tuberculin test at the Health and Social Welfare League (Ligue médico-sociale - LMS) for children aged between 2 months and 2 years.

After receiving the results of these examinations, the Health Inspection (Inspection sanitaire) of the Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the Immigration Directorate of the Ministry of Foreign and European Affairs to allow the residence permit application to be processed.

Residence permit application

Within 3 months of their arrival in Luxembourg, the third-country national seasonal worker must apply for a residence permit for third-country nationals from the Immigration Directorate of the Ministry of Foreign and European Affairs.

The following documents must be sent together with the residence permit application form:

• a copy of their valid passport, in its entirety;
• a copy of the declaration of arrival established by the communal authority;
• proof of appropriate housing (rental agreement, electricity bill, employer's affidavit, etc.);
• proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL; beneficiary: Ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').

When the application is approved, the applicant will receive a letter inviting them to make an appointment with the Immigration Directorate of the Ministry of Foreign and European Affairs in order to have their 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 the residence permit in person at the Immigration Directorate, by appointment.

The residence permit takes the form of a chip card containing the biometric data. It includes the work permit for seasonal workers.

The residence permit includes information about its holder (surname, first name, nationality, date and place of birth), as well as specific information about the residence permit (permit category, date of beginning and end of validity of the permit).

Certain residence permit categories include additional information in the 'observations' field.

Validity period and renewal

Period of validity of the residence permit

Residence permits for seasonal workers are valid for no more than 5 months over a total period of 12 months.

The validity period starts from the date the declaration of arrival was filed with the commune.

Renewal procedure

In order to renew a residence permit, third country nationals must apply to the Immigration Directorate of the Ministry of Foreign and European Affairs within 2 months prior to the expiry date of the residence permit.

The application for renewal must be filed using a special form and must be accompanied by the following documents:

• a copy of their valid passport, in its entirety;
• a copy of the seasonal work contract (currently valid and compliant with Luxembourg labour law) duly dated and signed;
• a recent certificate of enrolment with the Luxembourg social security system showing all of the seasonal worker's past enrolments;
• a recent extract of their Luxembourg criminal record;
• proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL; beneficiary: Ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').

The residence permit may be renewed several times if the seasonal worker renews their employment contract with the same employer. If the seasonal worker changes employer, the residence permit may only be renewed once.

Third-country nationals who have submitted an application for renewal but whose residence permit expires while they wait for the decision, are authorised to continue their stay in Luxembourg:

• until the Minister for Immigration has made a decision concerning their application;
• provided that the maximum period of 5 months over a total period of 12 months has not yet been attained.

Loss, theft or damage of the permit

If the residence permit is lost, stolen or damaged, a special procedure needs to be followed.

Revocation of the temporary authorisation to stay or the residence permit

The temporary authorisation to stay and the residence permit issued to the third-country national may be revoked if the employer:

• has been sanctioned for illegal employment or the employment of third-country nationals residing illegally in Luxembourg;
• has been declared bankrupt or is in compulsory liquidation, or if they have no business activity;
• has failed to fulfil their legal obligations as regards social security, tax, labour law or working conditions;
• has not fulfilled their obligations as required by labour law;
• has vacated a full-time position in the 12 months immediately preceding the application in order to create the job for which they are attempting to hire a seasonal worker.

If the permit is revoked for any one of these reasons, the employer will be required to pay compensation to the seasonal worker.

The compensation amounts to salaries due for the period provided for in the employment contract which would have worked if the temporary authorisation to stay or the residence permit had not been revoked.

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