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14 of September 2023

Luxembourg simplifies hiring norms for third-country nationals with new immigration law

Here's an overview of the pivotal changes:
Work Permit Procedures Refined: Third-country nationals who come to Luxembourg to offer services for up to three months are now relieved from the standard work permit requirements. Earlier, this waiver was confined chiefly to individuals within specific corporate sectors.
ADEM Certificate Issuance Accelerated: Previously, post a job vacancy announcement, employers faced a three-week waiting period, allowing the National Employment Agency (ADEM) time to verify if local candidates fit the job description. With the updated regulation:
Positions identified as having severe labor shortages see ADEM promising a swift five-day turnaround for the necessary recruitment certificate.

For other roles, ADEM commits to a speedy assessment within seven days of vacancy acknowledgment. If no matches surface, the certificate gets issued in the ensuing five business days.

When ADEM spots potential candidates, they are presented to employers within 15 days. While employers can decline these options, a comprehensive written rationale is essential. With a justified decline, ADEM aims to finalize the certificate within the next 10 working days.

Job Access Broadened for Family Members: A notable reform permits family members of third-country nationals with a Luxembourg residence permit to immediately explore employment or self-employment opportunities upon their arrival.

In addition, the law also heightens penalties for employers found in irregular hiring situations.

Concurrently, for self-employed individuals from third countries, the regulations now clearly stipulate the importance of their ongoing presence in Luxembourg for effective business operations. Additionally, during renewals, the residence permit's duration can now oscillate between one and three years, providing more flexibility.

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