The outcome of the Brexit negotiations are still uncertain.

In the meantime, Luxembourg just published a bill of law on 8 February 2019 (n°7406) to protect British citizens working as civil servants or government employees in case of a hard Brexit.

What does it mean for British citizens not working as civil servants in Luxembourg?

There are currently two foreseeable options:

1. Either the UK remains in the EU or concludes an agreement with the EU that ensures that the same rules with regard to immigration apply in the future (as this was foreseen by the rejected UK-EU Withdrawal Agreement)
2. Or the UK and the EU conclude no agreement, which leaves the UK with the option of a hard Brexit.

In the second option, a UK citizen could be treated, with regard to Luxembourg Law, as a third country national.

Luxembourg Government, announced in January 2019, that British citizens and their family members residing in Luxembourg will be allowed to continue residing in Luxembourg after 29 March 2019 under their current authorisations which will remain valid until 30 March 2020.

British nationals will however need to apply for a residence permit before 31 December 2019 (conditions and procedure of this simplified procedure are yet to be announced).

After this date, unless, in the meantime, a different regime is negotiated with, the rules for third-country nationals would apply to British nationals.

We have shortly summarized below the main differences between the obligations of EU citizens and third country nationals to stay in Luxembourg.

Stays of less than 3 months

1. EU citizens

Every EU citizen has the right to reside freely in Luxembourg for a stay of up to 3 months if he is in possession of a valid ID card or passport.

 2. Third country nationals

Third country nationals however who intend to stay in Luxembourg for a period of less than 3 months, are legally required to be in possession:

• Of valid travel documents,
• of a valid passport with a valid visa (unless otherwise provided in a bilateral agreement),
• a valid medical insurance applicable in Luxembourg,
• the proof of sufficient resources for the duration of stay and the return to the country of origin.

This being said, the EU Commission has published a proposal for a regulation exempting British nationals from visa requirements in the Schengen area for stays less than 3 months (subject to reciprocal visa-travel of Schengen area nationals to the UK).

Stays of longer than 3 months

1. EU citizens

EU citizens are allowed to stay in Luxembourg for longer than 6 months if they fulfill one of the following conditions:

• exercise a remunerated activity in Luxembourg (as an employee or self-employed), or
• prove to be in possession of sufficient resources for themselves and their family and a have valid health insurance, or
• be registered in a public or private educational institution accredited by the Luxembourg authorities in order to pursue studies or professional training together with the prove of sufficient resources and a valid health insurance.

Although the authorization is limited in time, it is renewable and permanent residence may be requested after 5 years under certain conditions.

2. Third country nationals

Third country nationals are allowed to stay in Luxembourg for longer than 6 months, only if they are in possession of one of the following authorizations:

• As employees (regular, highly qualified or ICT worker) (see our article here on ICT workers)
• Sportspeople
• Students, trainees, pupils or young au pairs
• Researchers
• Family members
• Investors (see our article here on the investor status)
• Personal reasons

Strict conditions apply to each of these authorizations.

For example, for one of the most common authorizations, as regular employees, the following conditions must be fulfilled:

• the job must be declared vacant with the Luxembourg Unemployment Agency (ADEM),
• Have all the required qualifications for the job,
• Luxembourg nationals and EU citizens have priority for the given activity. Only if the employer is unable to find an appropriate candidate for its activity and after a certain period, he may consider employing a third country national,
• The activity exercised must serve the interests of the country.

Conclusion

While the outcome remains uncertain, Luxembourg has already started foreseeing a temporary protection regime for British citizens, at least until 2020.

For any questions regarding immigration issues, please do not hesitate to contact us.