Highly skilled workers from third countries (i.e. outside of the EU or the EEE) may apply for a special residence permit subject to an advantageous regime.
The residence title for which highly skilled third-countries nationals (“TCN”) can apply for after entering the country (a temporary authorisation to stay is mandatory before entering the territory) is referred to as « EU blue card ».
- Requirements
To be considered as a highly skilled worker, the applicant shall meet the following requirements:
- Have concluded an employment contract for a duration equal to or longer than 1 year ;
- Provide documentary evidence for the required high professional qualifications in the relevant sector or activity ;
- Receive a salary at least equal to an amount determined by Grand-Ducal regulation (depending on the activity, 1,2 – 1,5 times the average gross annual salary g. in 2016: EUR 58.636,80 or EUR 73,296)
- Duration of the European blue card
With the latest reform in 2017, the duration of validity of the EU blue card was brought from 2 to 4 years (or the duration of the employment contract plus 3 months if the employment contract has been concluded for a period inferior to 4 years).
The EU blue card can be extended for 4 more years.
- Advantages
Some of the advantages of the EU blue card are:
Full access to the Luxembourg working market
After 2 years, the EU blue card gives unlimited access to the Luxembourg labor market for all highly qualified jobs in the private sector (public sector is partially excluded)
Extension to family members
The family is allowed to immediately accompany the highly skilled workers when the person who has been delivered the residence permit arrives in Luxembourg or to join him afterwards.
Intra-Europe mobility
Under certain conditions, the card facilitates intra-European mobility and makes it possible to cumulate stays in different EU Member States in order to obtain long-term resident status.
Indeed, after 18 months of legal residence in the country that issued the EU blue card to a TCN, the TCN and his family members may move to another European Member State to exercise a highly qualified activity.
Maintain the status after termination of employment
Should the person face unemployment, the EU blue card is not automatically withdrawn. Indeed, the European blue card is not withdrawn if the unemployment lasts less than 3 months and occurs only once during the period of validity of the card.
- Administrative steps
Before hiring a highly qualified TCN, the employer shall make a declaration of vacancy to the Luxembourg Unemployment Administration (ADEM) in advance, but the job will not be tested on the job market.
This means that the ADEM will not verify if the vacant position could be filled by a person available on the national or European labour market.
- What to do in case of refusal
The residence permit for highly qualified TCN’s shall be delivered within 90 days as of the application (provided the application is complete).
If the applicant did not receive the residence permit within 90 days, the application is considered as rejected and the applicant may issue a claim against the refusal decision.
If the application was formally rejected, a claim may be issued within 3 months of the refusal.
