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LUXEMBOURG – Changes to Requirements for Authorisation to Stay

Effective 21 September 2018, amendments to the immigration rules have streamlined the documentary requirements for applications for authorisation to stay for locally-hired non-EEA (third-country) workers.

Further amendments clarify the requirement for non-EEA nationals to prove sufficient resources for applications for authorisation to stay for family reunification with a non-EEA national, and for short stays of up to 90 days in a 180-day period.

Authorisation to stay for a locally-hired foreign worker

Several changes have been made which ease the supporting document requirements for this application:

  • The passport copy submitted in support of this application no longer needs to be certified.
  • Copies of diplomas or professional qualifications (and their translations if not in French, German or English) no longer need to be certified.
  • A covering letter in support of the application is no longer required.
  • The applicant’s birth certificate is no longer required.

Authorisation to stay for family reunification with a third-country national

Non-EEA nationals resident in Luxembourg and wishing to be joined by their non-EEA family members must be able to demonstrate stable, regular and sufficient resources to support themselves and their family members.

The third-country national sponsor must be able to demonstrate that their income will probably, during the following twelve months, be at least equal to the minimum wage for unskilled employees (rather than the twelve-month average of the minimum wage as previously).

The assessment of these “stable, regular and sufficient resources” may take into account the previous six months of income (rather than the previous twelve months as previously).

Short stays (up to 90 days)

Non-EEA nationals wishing to stay in Luxembourg for up to 90 days (whether they require an entry visa or are exempt from the visa requirement) must present supporting documents proving sufficient resources for the duration of their stay, as well as for their return or onward journey.

The “sufficient resources” must now be equivalent to the current minimum wage for unskilled employees, prorated to the duration of stay.

Action Items

  • Non-EEA nationals intending to work in Luxembourg with a local employment contract, to sponsor a non-EEA national family member or to stay in Luxembourg for less than 90 days should check they meet the new documentary and “sufficient resources” requirements.
  • Employers who may be affected are advised to contact an immigration specialist for a case-by-case consultation.

This alert was prepared with information provided by Immigration Law Associates.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.