1.1 Has any guidance been issued on how UK nationals can obtain settled residence status and permission to work from 1 January 2021 and what proof of residence is needed for current residents to maintain their status?
The Luxembourg Government published guidance to provide information on the situation of UK nationals in Luxembourg from 1 January 2021:
2. BUSINESS TRAVEL
2.1 Do UK employees need a business visa from 1 January 2021?
Regulation (EU) 2019/592 of 10 April 2019 exempts UK citizens from the requirement for a Schengen visa. The Schengen exemption applies from 1 January 2021 (under the WA, UK nationals kept their EU free movement rights until 31 December 2020). UK citizens can enter and stay in the Schengen area for a maximum of 90 days in any rolling 180-day period.
2.2 What documents are needed on arrival for business travel from 1 January 2021?
Travel documents (passport valid for at least three months after arrival in Luxembourg).
Proof of duration and purpose of stay, as border control may ask additional questions concerning duration and purpose of stay.
Unless they stay in a hotel or guesthouse, UK business travellers will need to notify the appropriate communal administration of their presence within three working days from arrival.
2.3 Do UK nationals need additional permission to work for business travel from 1 January 2021 in the event of no deal?
Yes, even if allowed to enter and stay visa free they might nonetheless need a work permit.
However, individuals on business trips (such as travel to visit business partners, to explore and develop professional contacts, to negotiate and conclude contracts, to participate in fairs, shows and exhibitions as well as to take part in meetings of the board of directors and general meetings of the company) are exempted from the requirement for a work permit for a stay for a maximum of three months.
3. EMPLOYMENT AND RESIDENCE
3.1 Do UK nationals need permission to work and stay in Luxembourg from 1 January 2021?
Yes, unless they can rely on an exemption such as:
3.2 If permission to work is needed after 1 January 2021, do any quotas apply to the employment of third-country nationals?
However, for specific categories of work permits, Luxembourg applies the labour market test in order to check whether the vacant position (for which the third-country national filed a work permit application) can be filled by a person available on the national or European labour market.
3.3 If permission to work is needed from 1 January 2021, what categories of permission are commonly granted?
The most common categories are:
3.4 If permission to work or stay is needed from 1 January 2021, how long does the procedure take?
Depending on the category of work permission requested, the time required for a response from the Ministry of Foreign and European Affairs to a work permit application may vary from three to four months maximum.
For ‘employee’ work permission, a certificate from the Employment Administration needs to be submitted at the start of the procedure. Sufficient preparation time should be factored into employment plans.
3.5 If permission to work and stay is needed from 1 January 2021, what Government fees are payable?
A residence permit requires that the applicant fulfils two main steps:
4. FRONTIER WORKERS
4.1 What formalities apply to UK frontier workers working in Luxembourg but living in another country from 1 January 2021?
British nationals who reside either in another EU Member State or in the UK and who were working in Luxembourg before 1 January 2021 may request a document attesting their right to exercise their salaried activity in Luxembourg as of 1 January 2021.
British nationals who reside either in another EU Member State or in the UK and who wish to start work in Luxembourg as of 1 January 2021, are subject to the rules governing access to the labour market for third-country nationals. They must therefore have a work permit to work in Luxembourg and must wait for the work permit to be issued before they can start work.
5. PERMANENT RESIDENCE
5.1 From what date are third-country nationals entitled to apply for permanent residence?
After a regular and uninterrupted stay of five years in Luxembourg, a third-country national may acquire the status of long-term resident, subject to certain conditions. In this case, the third-country national obtains a ‘long-term residence permit – EU’ valid for a period of five years and renewable automatically on request (for British citizens, the calculation of the five-year period takes into account the stay before the transition period, the stay during the transition period and the stay after this period).
A third-country national who is a family member of a EU citizen has a permanent residence right after a five-year regular and uninterrupted stay in Luxembourg under certain conditions and can obtain a permanent residence permit.
6. SECURING RESIDENCE AND WORK STATUS
6.1 What steps could UK nationals take currently to secure their residence and work status?
UK nationals and members of their family currently residing in Luxembourg are still entitled to reside in Luxembourg from 1 January 2021. Although entitlement to residence and associated rights will remain similar to those they currently enjoy as EU citizens, they will be required to obtain a new residence document attesting that they are beneficiaries of the WA. This new resident document must be obtained before 30 June 2021 at the latest, and replace the current residence permit.
UK nationals and members of their family who have dual nationality (nationality of another Member State of the EU or EEA or Swiss nationality) and those who are holders of a diplomatic card (or equivalent), do not have to obtain this new resident document.