Luxembourg Working Visas: Job Regulations and Requirements
Are you aiming to elevate your career in Luxembourg? Welcome to a nation renowned for its financial prowess, multilingual population, and picturesque landscapes. Luxembourg offers a plethora of opportunities for ambitious professionals, but there are some essential work-related regulations you should familiarize yourself with.
Whether you hail from the European Union or outside of it, this guide will arm you with indispensable insights to steer your way through the Luxembourgish job market and reach the pinnacle of your career ambitions. Ride the wave of opportunities in Luxembourg and chart your course to success!
EU citizens
Luxembourg, a founding member of the European Union, offers a plethora of opportunities for EU citizens seeking employment. As an EU national, the process of working in Luxembourg is relatively straightforward:
No Work Permit Required: EU nationals generally don’t need a work permit to work anywhere in the EU, including Luxembourg.
1. Extended Stay and Work
EU citizens can work in Luxembourg without any additional paperwork for an initial period of up to 3 months or 90 days. If you plan to stay and work in Luxembourg for more than 3 months, there are certain conditions to be met:
- Certificate of Residence: This document serves as proof of your legal residence in Luxembourg and is often required for various administrative procedures, such as opening a bank account, signing up for utilities, or accessing certain public services.
Application Process:
- Upon arriving in Luxembourg, you should declare your presence at the local commune (municipality) of your residence.
- You’ll need to provide specific documents, including proof of identity (passport or ID card) and proof of residence (rental agreement, utility bill, etc.).
- Once your application is approved, you’ll receive the certificate, which will be valid for a specific period, depending on your circumstances.
- Employment: If you’re employed, you’ll need to provide a copy of your ID card or passport and a work contract signed by both the employer and the employee.
- Self-Employment: EU citizens can also gain self-employed status in Luxembourg. This involves requesting a business permit from the Ministry of Economy. Certain professions and activities require this permit, and applicants must ensure they have a fixed physical establishment in the country.
2. How to Proceed After Arrival
Declaration of Arrival: Within 8 days of arriving in Luxembourg, EU citizens must declare their arrival at the local commune administration. They should present a valid national identity card or passport, a family record book, and the children’s birth certificates.
Registration Certificate: Within 3 months of arrival, EU nationals must fill in a registration certificate at the communal administration. After legally residing in Luxembourg for an uninterrupted period of 5 years, they can apply for a permanent residence permit.
3. Healthcare and Social Security
Luxembourg offers a high standard of healthcare services, and the social security system provides comprehensive coverage.
Registration:
- Upon starting employment in Luxembourg, you’ll be automatically registered with the Luxembourgish social security system.
- Your employer will handle most of the registration process, deducting social security contributions directly from your salary.
Benefits:
- Being registered grants you access to healthcare services, including general practitioners, specialists, hospitals, and pharmacies.
- The system operates on a reimbursement basis, where you pay upfront for medical services and then claim a refund from the social security system.
4. Taxation:
Understanding the tax system is crucial for anyone working and residing in Luxembourg.
Income Tax:
- Luxembourg has a progressive income tax system, with rates varying based on your income level.
- If you’re employed, your employer will typically deduct tax at source, meaning they’ll withhold the necessary tax from your salary before you receive it.
Filing a Tax Return:
- Depending on your circumstances, you might need to file an annual tax return. This is especially true if you have multiple sources of income, deductions to claim, or other financial complexities.
- The tax return will detail your income, deductions, and calculate the final tax owed or refund due.
VAT and Other Taxes:
- Apart from income tax, be aware of other taxes, such as Value Added Tax (VAT) on goods and services. The standard VAT rate in Luxembourg is 17%, but reduced rates apply to certain products and services.
5. Withdrawal of the Right to Reside
EU citizens and their family members maintain their right to reside as long as they don’t become unreasonably dependent on the social welfare system. If the right to reside is withdrawn due to dependency on the social welfare system, the citizen will receive a notice to leave the country.
Luxembourg offers a welcoming environment for EU citizens looking to work and reside in the country. By understanding and following the necessary procedures, EU citizens can ensure a smooth transition and integration into Luxembourg’s workforce and society.
Non-EU citizens
For non-EU citizens planning to work in Luxembourg, here are the main steps and considerations to keep in mind, differentiated based on whether they need a work permit or a visa:
Before Entering Luxembourg:
- Submit an Application for a Temporary Authorisation to Stay: This should be submitted to the Immigration Directorate of the Ministry of Foreign and European Affairs.
- Possess a Valid Passport: Ensure that the passport is valid for the duration of your stay and beyond.
- Visa Requirements: For those who are subject to visa requirements to enter Luxembourg, they must request a type D visa after obtaining the temporary authorisation to stay.
After Entering Luxembourg:
- Declaration of Arrival: Make a declaration of arrival in the new commune (municipality) of residence in Luxembourg.
- Medical Check: Undergo a medical check-up.
- Apply for a Residence Permit: Submit an application for a residence permit for third-country national salaried workers.
Additional Information:
- Employers in Luxembourg who haven’t found a suitable candidate from the National Employment Agency (ADEM) within three weeks can request a certificate from the director of the ADEM. This certificate allows them to recruit a third-country national.
- Every third-country national (i.e., a national from a country which is not an EU Member State or a country treated as such) requires an authorisation to stay and then a residence permit if they intend to work in Luxembourg.
- The salaried worker must submit the residence permit application themselves. However, they can also ask a third party, such as the employer, to carry out the necessary procedures.
- Non-EU nationals who are family members of an EU citizen living in Luxembourg do not need a specific permit to work.
Prerequisites:
- Hold a valid passport.
- Check if they need a visa to enter the Schengen area.
- Be in possession of the original certificate issued by the National Employment Agency (ADEM) authorizing the employer to hire a third-country national.
Preliminary Steps for Employers:
- Before recruiting, employers must declare the vacant position to the ADEM.
- If no suitable candidate is found within 3 weeks, the employer can hire a third-country national under certain conditions.
- The employer must sign a dated employment contract with the future employee, stating that the start date is subject to the employee obtaining an authorisation to stay for salaried workers/work permit.
How to Proceed:
- Application for an Authorisation to Stay: The future third-country worker must submit an application from their country of origin to the Immigration Directorate of the Ministry of Foreign and European Affairs.
- Passport and Visa: If a visa is required, the third-country national must apply for a type D visa from their country of origin.
- Declaration of Arrival: After entering Luxembourg, the third-country national must declare their arrival at the commune where they intend to reside.
- Medical Check-up: The non-EU national salaried worker must undergo a medical check.
- Residence Permit Application: Third-country workers must submit an application for a residence permit to the Immigration Directorate of the Ministry of Foreign and European Affairs within 3 months of entering Luxembourg.
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Frequently Asked Questions
No, EU nationals do not need a work permit to work in Luxembourg or any other EU country.
EU citizens can work in Luxembourg without additional paperwork for up to 3 months.
A Certificate of Residence is proof of legal residence in Luxembourg, needed for administrative tasks like opening a bank account.
EU citizens can become self-employed in Luxembourg by obtaining a business permit from the Ministry of Economy, usually required for certain professions and activities.
EU citizens must declare their arrival within 8 days and register within 3 months of arriving in Luxembourg.
Upon employment, EU citizens are automatically registered in Luxembourg’s social security system, which provides access to healthcare services and operates on a reimbursement basis.
Luxembourg has a progressive income tax system, with employers deducting taxes at source. Filing a tax return may be necessary for those with multiple income sources or deductions.
The standard VAT rate in Luxembourg is 17%, with reduced rates for specific products and services.
Dependency on the social welfare system can lead to the withdrawal of the right to reside for EU citizens in Luxembourg, resulting in a notice to leave the country.
Non-EU citizens planning to work in Luxembourg should first obtain a Temporary Authorisation to Stay, possess a valid passport, and meet visa requirements if applicable. After entering Luxembourg, they must declare their arrival, undergo a medical check, and apply for a residence permit for salaried workers within 3 months.
No, family members of EU citizens living in Luxembourg do not need a specific permit to work.
They must have a valid passport, check if they need a Schengen visa, and possess the original certificate from the National Employment Agency authorizing the employer to hire them.
Employers should declare vacant positions to the National Employment Agency. If no suitable candidate is found within 3 weeks, they can hire a non-EU citizen under certain conditions and must sign an employment contract with a start date contingent on the employee obtaining an authorisation to stay.
They must apply for an Authorisation to Stay from their home country’s Immigration Directorate, obtain a type D visa if required, declare their arrival upon entering Luxembourg, undergo a medical check, and submit a residence permit application within 3 months of arrival.
