Do you have non-European citizenship, with a residence permit in France, Germany or Belgium and would like to work in Luxembourg?
It's possible, but subject to a series of conditions.
The first thing you need to know is that you are not allowed to simply work as our thousands of cross-border workers with European citizenship — special authorisation is needed, and you have to obtain a work permit before commencing work in Luxembourg.
Third-country nationals who are the spouse, registered partner or child of a citizen of an EU Member State or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) already working in Luxembourg do not require a work permit. However, a work permit exemption must be requested, which is a similar procedure to introducing a work permit request.
Applying for a work permit
Before you can apply for a work permit, you need to find a job. The employer needs to declare the job vacancy at ADEM as usual. If and only if ADEM is unable to offer a candidate with the desired profile within 3 weeks, the employer may ask ADEM to provide a certificate allowing them to recruit the individual of their choice.
The employer must then sign a contract with the third-country national. The contract may include a let-out clause, specifying that the employment contract will not take effect until the work permit has been obtained.
The employer must provide the original ADEM certificate to the third-country national, who must enclose it with their work permit application. Only then you can you apply for the work permit, via mail to immigration services. The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. Don’t forget that you cannot start working before receiving the final permission from the immigration department.
To help better understand the process, let's look at the following example: You are a Chinese national, married to a Portuguese national. You live in Arlon, Belgium. Your Portuguese husband works in Luxembourg. You have the right to work legally in Luxembourg without applying for a work permit. However, you must apply for a work permit exemption. This exemption is requested from the Ministry of Foreign Affairs, Directorate of Immigration. You do not necessarily have to have an employment contract to apply for it.
On the other hand, a third-country national, who is not a family member of a European national, must, if living in a country bordering Luxembourg, apply for a work permit in order to be able to work in Luxembourg. If they keep their residence in the other country, they do not need to apply for a residence permit in Luxembourg, only the work permit, which is requested from the Directorate of Immigration, on the basis of an employment contract.
To understand the conditions and know the detailed steps to take, please follow this link.
This article provided by ASTI with the support of the Department of Integration - Ministry of Family Affairs, Integration and the Greater Region.