Work permit exemption for third-country nationals who are the spouse, partner or child of an EU citizen cross-border worker

This page was last modified on 03-05-2018

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.

Forms / Online services

Carry out your procedure:

  • By downloading a form

    • Exemption from the authorisation to work - third-country national residing in another member State of the EU and whose spouse/declared partner or direct ascendant works in Luxembourg - explanatory note

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 is a citizen of an EU Member State or country treated as such;
  • their spouse, registered partner or parent already works in Luxembourg.

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

Application for a work permit exemption

Before commencing work in Luxembourg, third-country nationals must make a written application for a work permit exemption to the Immigration Directorate of the Ministry of Foreign and European 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 certified 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);
  • 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;
  • 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 give a mandate to 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. 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, a certified true translation by a sworn translator must be enclosed.

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 shall be deemed to have been rejected.

Who to contact

Ministry of Foreign and European Affairs
26, route d'Arlon
L-1140 - Luxembourg
Postal box B.P. 752 L-2017
Luxembourg
Phone: (+352) 247-84040 (from 14.00 to 16.00)
Fax: (+352) 22 16 08
Email immigration.public@mae.etat.lu

Opening hours
Monday to Friday from 08.30 - 12.00