Germany Work Permit In Luxembourg

ByFefe Maduka

If you are the person who is very much determined to get a job in a foreign country then no doubt you will have to learn about the system of that particular country. The first step that one should take is that he/she should acquire knowledge about laws, rules and regulations as well as culture and customs of that particular country. In simple words, it means that you should have knowledge about the entire working style of that country. If you do not have any knowledge about country’s working style then in fact you might be at the wrong place. You must have been intending to visit Germany for their language courses or you must be thinking about relocating your family to another country for better future prospects. In both these cases you must be wondering whether or not you can get Germany work permit in Luxembourg. However, it depends upon whether or not you will fulfill the conditions and requirements of German working visa in Luxembourg. The Germans are one of the most consistent teams in Europe, but not enough people know about it. This guide covers all aspects of working and getting a work permit in Luxembourg.

Right here on Touriangle you can rest easy to obtain all the relevant information you need on Luxembourg work permit processing time from India, working in Luxembourg as a foreigner, Luxembourg work permit agency, and so much more.

Germany Work Permit In Luxembourg

There are lots of skilled and talented workers in the Russian Federation, but there is also a great demand for such professionals in several countries of Western Europe, including Luxembourg. If you consider moving to some European country for a job, you should know that finding a decent job and getting a work permit in this country can turn out to be really challenging. In fact, different European countries have different rules for foreign workers, who wish to get employed there. But don’t lose your hope yet – we are here to help you with relocation!

Luxembourg Work Visa Sponsorship

Luxembourg Work Visas & Permits

All companies entering the Luxembourg market need to secure work visas for every foreign employee. If you don’t already have a business set up in the country, you’ll also need to form a legal entity, hire employees, set up payroll, and complete other tasks before you can obtain Luxembourg work visas. This process can be time-consuming and expensive, especially for companies that aren’t familiar with Luxembourg’s laws and regulations.

All companies entering the Luxembourg market need to secure work visas for every foreign employee. If you don’t already have a business set up in the country, you’ll also need to form a legal entity, hire employees, set up payroll, and complete other tasks before you can obtain Luxembourg work visas. This process can be time-consuming and expensive, especially for companies that aren’t familiar with Luxembourg’s laws and regulations.

Types of Work Visas in Luxembourg

European Union (EU) citizens, as well as residents of Norway, Iceland, Liechtenstein, and Switzerland, do not need work permits to live or work in Luxembourg. However, third-country nationals from outside the EU will need a work and residence permit to legally work for your company in Luxembourg.

The different types of Luxembourg work permits include:

  • Short stay (C): A short stay visa gives individuals the ability to stay in the Schengen area for 90 days uninterrupted or in stages totaling 90 days over 180 days. This visa is typically used for business trips, conferences, meetings, and family visits.
  • Long stay visas (D): This visa is meant for foreigners who want to travel to Luxembourg for more than three months for work, for education, or to settle permanently. It is most common for salaried workers, self-employed workers, highly qualified employees, students, and au pairs.
  • EU Blue Card: Third-country nationals wanting to work for more than three months as highly qualified workers in Luxembourg can apply for the EU Blue Card. This type of visa requires a special procedure and provides specific benefits.

How To Get Work Permit In Luxembourg

Most of your employees will need to apply for long-term visas after their temporary residence certificate expires. The application process changes based on reason for entry, such as employment, education, and private circumstances, but all applicants must submit the documents in person at the Luxembourg diplomatic or consular mission in their home country or the Schengen area. Some of the requirements include:

  • Two recent and identical photos proving identity
  • A valid passport or travel document
  • Temporary authorization to stay

Once an employee gets the “D” visa, it’s valid for 90 days to one year. Employees will also need to pay a 50 EUR fee to obtain the visa. Typically, it goes on the employee’s passport as a stamp or vignette.

Luxembourg Work Permit For Non EU

Please send your application form and supporting documentation to the Embassy via e-mail to  visastelle@luxe.diplo.de . Once your application is complete and provided with all required documents it will be registered in the database. You will then be contacted by e-mail in order to set an individual appointment as the application can only be rendered in person.

The following documents are always required for any kind of visa:

  • Two completed and personally signedapplication forms
  • Two current biometric passport photos
  • A passport that is valid for at least six months (original and two photocopies of main pages). Only passports that have been issued (not extended) during the past ten years can be endorsed with a visa. If your passport was issued more than ten years ago, please apply for a new one
  • A valid residence permit for Luxembourg (original + two photocopies)
  • Visa fee in cash, 75 euros
  • For the initial 90 days of your stay: proof of a health insurance valid for all countries in Schengen and valid until a German health insurance is signed and valid. A proof of the health insurance has to be shown at the latest on the day of the issuing of the visa (original + two photocopies)

Please note that the originals as well as two photocopies of all documents must be provided.

In addition, if you want to study in Germany:

  • Acceptance letter or acknowledgment of your application from the German university you want to study at
  • Graduation certificates to enable university admission in Germany
  • University degree certificates and others, if applicable
  • Proof of previous and/or present studies in Luxembourg
  • Proof of basic knowledge of the language of instruction
  • Proof of financial means for the time of your studies in Germany either- by a Fixed-Deposit-Account (blocked bank account “Sperrkonto”) at a bank in Germany
  • or
    – by a formal obligation (“declaration of commitment”) made by a sponsor living in Germany or- Proof of an according scholarship

Please note that the originals as well as two photocopies of all documents must be provided.

In addition, if you want to apply for a family reunion visa:

  • International marriage certificate
  • If your marriage certificate is not international, certified German translation. Depending on in which country the marriage took place, a legalized marriage certificate or a marriage certificate with a Hague Apostille may be necessary!
  • Two photocopies of your spouse’s passport;
  • If your spouse is not a German citizen, two photocopies of the German permit of residence
  • Your spouse’s German document of registration (“Meldebescheinigung”)
  • Proof of basic knowledge of the German language (more information hereto on our website)

Please note that the originals as well as two photocopies of all documents must be provided.

In addition, if you want to make an internship in Germany:

  • The contract containing the following information:
    • place of internship
    • Description of the intended internship
    • duration of the internship
    • name and email of the contact person in the company
  • The approval of the Federal Employment Agency – Central International Placement Service (ZAV), which must be applied for by your German employer
  • Proof of the Luxembourg university about duration of the studies (matriculation certificate)
  • Confirmation of the Luxembourg university that the internship is part of your studies
  • Proof of sufficient financial means for the time of the internship (eg salary)

Please note that the originals as well as two photocopies of all documents must be provided.

In addition, if you want to work in Germany:

  • Employment contract containing the following information:
    • place of employment
    • kind of employment (full- or part-time)
    • duration of the contract (for a limited or unlimited time)
    • Salary in EUR (monthly or annual income)
    • detailed description of the intended employment
    • name and email of the contact person in the company
  • Proof of professional qualifications (eg language skills, secondary school qualifications, university degree, knowledge of the company etc.)
  • Proof of previous employment contracts in Luxembourg
  • If possible, present the assurance of the work permit from the Federal Employment Agency that your employer can apply for in advance. This will speed up the visa process.
  • CV (one page only).

Please note that the originals as well as two photocopies of all documents must be provided.

The EU Blue Card can only be issued by the competent immigration authority responsible for your future place of residence. At the German Embassy you apply for a national visa for the purpose of employment with the required documents above and in addition:

  • Proof of completed university degree. If the university degree was not awarded in Germany, it must either be recognized or comparable to a German university degree. You can check whether your foreign university degree is recognized or comparable by consulting the ANABIN database. Please print the result from anabin and add it to the university degree. In case your degree is not found in anabin or only partially equivalent (“conditionally comparable”) you are requested to get your degree recognized via the KMK .
  • An employment contract or a binding employment offer with a specified minimum salary. In 2018, the minimum annual gross salary is set at 52,000 euros.

Please note that the originals as well as two photocopies of all documents must be provided.

For further information please find the flyer about the EU Blue card form the information service of the Federal Office for Migration and Refugees.

Please read the following information carefully :

  • All documents have to be presented in original and two photocopies. The embassy will not keep the original documents and the passport.
  • The decision on issuing a visa may – due to special circumstances – require the presentation of further documents/proof.
  • On account of the necessary audit and approval by the competent immigration authorities/employment agencies in Germany, the visa applications procedure normally takes several weeks. The Embassy will contact you unbidden if further questions should arise or when the visa can be issued. Please refrain from any inquiries (phone calls or e-mails) in the meantime. The visa must be collected in person at the German Embassy in Luxembourg.
  • The Embassy only accepts visa applications if the application forms are fully filled out and if all the required documents and information are complete. Incomplete applications will not be accepted.

Can I Get Work Permit In Germany

Application Process

Every application process is different depending on why your employee requires a Luxembourg working visa. As the employer, you’ll likely need to help with the application, or you can apply on the employee’s behalf if they give you power of attorney.

The first step to obtaining a work visa is applying for temporary leave to stay in the country through the Immigration Directorate. Employees should do this before they leave their home country. Once they receive a temporary visa, they can complete the D visa application process following arrival in Luxembourg.

Luxembourg manages all work visas on a regional basis, so employees must submit their application in the area where they want to live and work. The process includes:

  • Submitting a declaration at the local administration offices to confirm that the individual wants to live in that region
  • Undergoing a medical check
  • Downloading formal application forms on Luxembourg’s government website
  • Reapplying for the visa if the applicant intends to stay beyond the visa’s expiration.

Is It Easy To Get Work Permit In Luxembourg

Third-country nationals legally resident in another Member State of the European Union (EU) or in a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) and wishing to work in Luxembourg without residing there must, in principle, obtain a work permit before commencing work in Luxembourg.

Who is concerned

Third-country nationals (i.e. not a citizen of the EU or a country treated as such – Iceland, Liechtenstein, Norway or Switzerland) who have been authorised to legally reside in another Member State of the European Union (EU) or in a country treated as such and who wish to work in Luxembourg without residing there must apply for a work permit.

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. A work permit exemption must be requested.

Prerequisites

Third-country nationals legally resident in another EU Member State or a country treated as such (Iceland, Liechtenstein, Norway or Switzerland) will be subject to the labour market test: the employer declares the vacant position with the National Employment Agency (Agence pour le développement de l’emploi – ADEM) , so that it can check whether the vacant position can be filled by an individual available on the national or European labour market.

Highly qualified employees will not be subject to the labour market test, but the employer must still declare the vacant position.

In this context, highly qualified workers are third-country nationals who:

  • present an employment contract for a highly qualified position with a term of a year or more;
  • present a document proving that they possess the high professional qualifications required for the activity or sector mentioned in the employment contract, or that they meet the requirements to carry out the regulated profession indicated in the employment contract;
  • receive a salary at least 1.5 times the average gross annual salary, or 1.2 times the average gross annual salary for some specific professions.

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 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.

How To Proceed

WORK PERMIT APPLICATION

Before commencing work in Luxembourg, third-country nationals must make a written application for a work permit to the Immigration Directorate of the Ministry of Foreign and European Affairs.

Applicants must indicate their surname(s) and first name(s) as well as their exact address in their country of residence. They must also enclose the following with their application:

  • a 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 recent household composition certificate or recent certificate of residence from their country of residence;
  • a curriculum vitae;
  • a copy of their diplomas or professional qualifications;
  • a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and the employer;
  • the original, recent certificate issued by ADEM authorising the employer to recruit the individual of their choice for the declared job vacancy;
  • where applicable, a recent certificate of affiliation to the Luxembourg Joint Social Security Centre for the spouse/registered partner or the ascendant (parent);
  • where necessary, a power of attorney.
    Power of attorney: third-country nationals may mandate a third party (e.g. the future employer) to submit the application in their place. In this case, the mandate 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 (except for passports and diplomas, for which plain copies 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 limit, the applicant can consider that their application has been denied.

WORK PERMIT APPLICATION FOR HIGHLY QUALIFIED WORKERS

In this context, highly qualified workers are third-country nationals who:

  • can present an employment contract with a term of a year or more;
  • can present a document proving that they possess the high professional qualifications required for the activity or sector mentioned in the employment contract, or that they meet the requirements to carry out the regulated profession indicated in the employment contract;
  • receive a salary of at least 1.5 times the average gross annual salary (EUR 78,336 in 2019) or at least equivalent to 1.2 times the Luxembourg average gross annual salary (EUR 62,668.80 in 2019) for work in one of the professions for which the government has noticed a particular need for third-country nationals.

Before commencing work in Luxembourg, third-country nationals must submit a written application for a work permit to the Immigration Directorate of the Ministry of Foreign and European Affairs.

Applicants must indicate their surname(s) and first name(s) as well as their exact address in their country of residence. They must also enclose the following with their application:

  • a 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 recent household composition certificate or recent certificate of residence from their country of residence;
  • a curriculum vitae;
  • certified copies of the applicant’s diplomas or professional qualifications;
  • a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and their employer, indicating a salary at least 1.5 times the average gross annual salary or at least 1.2 times the Luxembourg average gross annual salary for work in one of the professions for which the government has noticed a particular need to employ third-country nationals, and with a term of a year or more;
  • where necessary, a power of attorney.
    Power of attorney: third-country nationals may mandate a third party (e.g. the future employer) to submit the application in their place. In this case, the mandate 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 (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 limit, the applicant can consider that their application has been denied.

If the Ministry of Foreign and European Affairs requests additional documentation to be provided within a specific deadline to process the application, the initial three-month deadline will be suspended until the additional documentation has been provided. If the applicant fails to provide the additional information or documentation requested before the deadline set by the Ministry, the application may be automatically rejected.

Work permits are issued for performing one profession in one sector with any employer. This restriction applies for the first year. A change of sector or profession is subject to the approval of the Ministry responsible for immigration.

APPLICATION FOR A WORK PERMIT FOR A THIRD-COUNTRY NATIONAL WHO IS A FAMILY MEMBER OF A BRITISH NATIONAL COVERED BY THE WITHDRAWAL AGREEMENT

Until 31 December 2020, family members of a British cross-border worker, who are themselves third-country nationals, benefited from a work permit exemption if they were employed in Luxembourg.

From 1 January 2021, however, these persons must have a work permit as a third-country national cross-border worker.

The third-country national must apply in writing for a work permit to the Immigration Directorate of the Ministry of Foreign and European Affairs.

Applicants must indicate their surname(s) and first name(s) as well as their exact address in their country of residence. They must also enclose the following with their application:

  • a full copy of their valid passport (all pages);
  • a copy of their residence permit issued by another EU Member State;
  • a recent household composition certificate and a recent certificate of residence from their country of residence;
  • a curriculum vitae;
  • a copy of their diplomas or professional qualifications;
  • a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and the employer;
  • where applicable, a recent certificate of affiliation to the Luxembourg Joint Social Security Centre for the spouse/registered partner or the ascendant (parent);
  • where necessary, a power of attorney.

Power of attorney: third-country nationals may mandate a third party (e.g. the future employer) to submit the application in their place. In this case, the representative, with the exception of legal advisers, must justify the mandate by a power of attorney duly dated and signed by the principal. The signature must necessarily be preceded by the handwritten note ‘ bon pour procuration‘ (good for power of attorney).

If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.

VALIDITY AND RENEWAL OF WORK PERMITS

Work permit validity period

A work permit is valid from the date on which the application was approved. The permit may be renewed on request provided that all the eligibility requirements are still met and the beneficiary can prove that they actually worked while their work permit was valid.

The initial work permit is valid:

  • for a maximum of one year (without extending beyond the validity period of the residence permit);
  • for one profession only with any employer;
  • for a specific sector.

The sector and profession for which the third-country national is authorised to work are indicated on the residence permit under the field ‘observations’ in the form of an ‘ISCO’ code.

This is a three-digit code representing the profession for which the access to the job market is granted, defined according to the ISCO classification (International Standard Classification of Occupations). The ISCO classification is an international classification of professions developed by the International Labour Organization.

The complete list of ISCO codes is available online. For more information on this classification, please refer to the website of the International Labour Organization.

A change of sector and/or profession is only possible if authorised by the Minister of Foreign and European Affairs.

Change of activity: in order to be authorised to fill another position which does not meet the conditions of higher professional qualification, the third-country national must start the procedure again and submit an application for third-country worker.

Work permit renewal

From the first renewal, a work permit can be renewed for a maximum of 3 years and gives access to any sector and any profession.

However, if the permit holder cannot prove that they have actually worked during the validity period of the work permit, or the renewal of the work permit occurs during a period when they are receiving unemployment benefits, the work permit will only be renewed for a maximum of one year.

Renewal procedure

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

The application for renewal must be accompanied by the following documents:

  • a copy of their valid passport, in its entirety;
  • a copy of the employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and their employer (for a highly qualified worker: a salary at least 1.5 times the average gross annual salary or at least 1.2 times the average gross annual salary for some professions);
  • a recent certificate of affiliation to the Luxembourg Joint Social Security Centre including all the salaried worker’s affiliations to date;
  • a copy of a temporary authorisation to stay issued by the EU Member State where the applicant resides, or a copy of the receipt for the renewal request for the temporary authorisation to stay;
  • a recent residence certificate (less than 3 months old) for the country of residence.

LOSS, THEFT OR DAMAGE TO THE PERMIT

In the event of loss or theft of the work permit, the third-country national must submit an application for replacement and enclose:

  • a copy of their valid passport, in its entirety;
  • the declaration of theft/loss established by the police.

In the event of damage to the work permit, the third-country national must submit an application for replacement and enclose:

  • a copy of their valid passport, in its entirety;
  • the damaged work permit.

Other Important Considerations

If your employees also have family members they want to bring to Luxembourg, they’ll need to apply for separate visas. EU Blue Card holders can apply for these visas without a waiting period because of the family reunification scheme. Other visa holders must apply for documentation for family members before they arrive in the country. There’s a 12-month waiting period before they can apply, and they must prove that they can financially sustain and provide adequate accommodation for family.

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