The amended Immigration Act of August 29, 2008 on the free movement of persons and immigration governs the stay of nationals residing in the Grand Duchy of Luxembourg for more than three months.
This law groups together different residence permits for different categories of people:
1) Residence permit for paid employment.
This residence permit allows third-country nationals to work as salaried employees in Luxembourg and to live there.
Four conditions must be met:
- No prejudice to priority hiring for certain workers,
- Salaried activity serves the country’s economic interests,
- The person has the required professional qualifications, and
- The person has an employment contract for a position declared vacant with ADEM (Agence pour le Développement de l’Emploi).
2) Residence permit for self-employed activity.
This is an authorization required by anyone wishing to exercise a self-employed profession in Luxembourg. The conditions to be met in order to obtain it are as follows:
- The person must have the qualifications required by the competent authority to exercise the said self-employed activity,
- The person must also have adequate resources to carry out the activity,
- And finally, the activity must serve the country’s economic interests.
3) The athlete’s residence permit
This authorization allows third-country nationals to work exclusively as athletes or trainers. This requires :
- The athlete or trainer has signed a contract with an approved sports federation or club,
- The planned remuneration is not less than the social minimum wage for full-time work, and
- He is covered by health insurance.
4) Residence permits for students, pupils, trainees and volunteers
This is an authorization for third-country nationals wishing to come to Luxembourg for educational or education-related purposes.
The student must :
- Admission to a higher education institution for full-time study,
- Parental consent if under 18,
- Provide proof of sufficient resources to cover living expenses and return travel, and
- Be covered by health insurance.
For the student, the conditions are as follows:
- Admission to a secondary school,
- Must have parental consent if under 18, and must be at least 14 and no more than 21 years of age,
- Provide proof of participation in a student exchange program,
- Provide proof that the exchange organization will vouch for him/her for the entire duration of his/her stay with regard to expenses,
- Be hosted by a family or a host organization for the entire duration of your stay, and
- Be covered by health insurance.
For the trainee, the conditions are as follows:
- Proof of the compulsory status of the internship as part of a secondary or higher education program,
- Parental consent required for minor children,
- Provide proof of sufficient resources to cover expenses, and
- Be covered by health insurance.
Finally, as far as the volunteer is concerned, the conditions are as follows:
- Meet the conditions set out in the Youth Voluntary Service Act of October 31, 2007,
- Provide proof that the organization in charge of the volunteer program will vouch for him/her for the entire duration of his/her stay, as well as for his/her expenses.
5) Residence permits for holders of higher education diplomas giving access to doctoral programs
As this is an authorization to carry out a research project, the only condition is that the holder must hold a degree giving access to doctoral programs.
6) Authorization for the stay of the third-country national’s family member
The right of residence is enjoyed by the spouse of a European Union citizen, the partner with whom the third-country national has entered into a registered partnership, children under the age of 21 and dependent parents of a European Union citizen residing in Luxembourg.
Third-country nationals who hold a residence permit valid for at least one year, who have a well-founded prospect of obtaining a long-term right of residence and who have been residing in Luxembourg for at least twelve months may apply for family reunification of their family members if they meet these three conditions:
- Prove that they have stable, regular and sufficient resources to support themselves and their family members without recourse to the welfare system,
- Has suitable accommodation for family member(s), and
- Has health insurance coverage for himself/herself and family members.
7) Residence permits for private reasons
It is granted on condition that the person’s presence poses no threat to public order, health or safety, and that he or she has health insurance cover and suitable accommodation. This authorization is granted in the following situations:
- Third-country nationals must provide proof that they can live on their own,
- The family members of a third-country national who has been granted an autonomous residence permit, in the event of a breakdown in their relationship,
- Third-country nationals who do not meet the conditions for family reunification, but whose refusal would infringe their right to respect for their private and family life,
- Third-country nationals who demonstrate exceptionally serious humanitarian grounds.
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