LUXEMBOURG – New Immigration Law Bring Extensive Changes
Luxembourg’s new immigration law entered into force on 24 March 2017, introducing several new residence permit categories, including the new EU ICT permit, along with other changes of significance for non-EU nationals.
The Official Gazette of 20 March 2017 published the Law of 8 March 2017 amending and supplementing the Immigration Law of 29 August 2008.
Intra-Company Transfer (ICT) Permit
The new law transposes European Union Directive 2014/66/EU “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer”.
Non-EU national executives and experts can obtain an ICT work and residence permit valid for up to three years (up to one year for trainees).
Qualifying family members will be able to accompany an ICT permit holder as dependents.
- A holder of an ICT work and residence permit issued in Luxembourg will be able to work in another EU member state for a company of the same group, for up to 90 days in a 180-day period, without obtaining a separate permit in that country. For stays of more than 90 days, a “mobile ICT permit” for that country may be required.
- A holder of an ICT work and residence permit issued in another EU member state will be able to work at a company of the same group in Luxembourg for up to 90 days without obtaining a separate permit. For stays of more than 90 days, a “mobile ICT permit” must be obtained.
Directive 2014/66/EU of 15 May 2014 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” aims to create a consistent EU-wide system for non-EU nationals sent on assignment within a group of companies to EU Member States.
The deadline for EU Member States to transpose this directive into their national legislation was 29 November 2016. However, only a few countries have implemented the ICT directive so far. The United Kingdom, Ireland and Denmark have opted out of the directive.
- The new immigration law introduces several other residence permit categories, including a seasonal worker permit to transpose directive 2014/36/EU, an investor permit, a non-EU student permit and a permit for business continuity plans.
- The validity of the EU Blue Card has been extended from two years to four years (or the validity of the employment contract plus three months, if the duration of the contract is less than four years).
- Third-country nationals who hold a residence permit valid for at least one year can be accompanied by family members immediately - the condition of one year of prior residence stay has been removed.
- As the new law is implemented, employers of foreign nationals in Luxembourg should consult an immigration expert to confirm the latest requirements.