The Official Gazette of 20/03/2017,published the Law of 8/03/2017 amending and supplementing the Immigration Law of 29/08/2008.

The Official Gazette of 20/03/2017,published the Law of 8/03/2017 amending and supplementing the Immigration Law of 29/08/2008:

  • transposing the Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer.
  • transposing the Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.
  • Introducing a residence permit for employees working in business continuity activities.
  • Introducing a residence permit for investors.
  • Introducing a residence permit for third-country nationals students in Luxembourg.
  • Introducing a residence permit for third-country nationals, executive directors, employed by a company planning to establish or established in Luxembourg.
  • extending the validity of the EU Blue Card.
  • providing for new family reunification conditions.
  • providing for an increased period in detention centres for families with minor children.

Will address a brief overview of the provisions concerning the mobility of high-skilled workers and their family members.

Intra-corporate transfer (ICT)

Strict transposition of the Directive 2014/66/EU. In regards to the provisions left to the discretion of the Member States:

  • no volumes of admission provided.
  • the application for the ICT permit is to be submitted by the host entity and not be the transferee.
  • interestingly, the seniority within the same undertaking or group of undertakings provided by the law, maintains the interval limits laid down by the Directive, with no further precision: from at least three up to twelve uninterrupted months immediately preceding the date of the intra-corporate transfer in the case of managers and specialists, and from at least three up to six uninterrupted months in the case of trainee employees.
  • In regards to the short-term mobility (up to 90 days in any 180 days’ period per Member State), the host entity in the first MS must notify the authority in the latter and the authority in Luxembourg of the intention of the intra-corporate transferee to work in an entity established in Luxembourg.
  • In regards to the long-term mobility, the host entity located in Luxembourg must apply the procedure provided by law.

Business Continuity Activities

In case of a serious incident, a company situated out of the Community, may send workers to Luxembourg on a very short notice in order to ensure business continuity.
Where in its opinion (October 27th 2016), the State Council upheld the vague legal determination of a said “site of business continuity” and stressed the necessity to bring further clarification, Laurent Solazzi from the Ministry of Economy suggested that the companies concerned are Tier IV data centres (Digital Letzebuerg-February 8th 2017).

The law provides for a prior-clearance application the company sending employees to Luxembourg must lodge with the Ministry of Foreign Affairs.

Where the duration of activity in Luxembourg is not exceeding three months in a calendar year, the exemption laid down by Article 35(2) Law of 29/08/2008 applies.

Where the duration of activity exceeds three months in a calendar year, a residence permit for “salaried worker” valid one year will be granted.

EU Blue Card

The validity of the EU Blue Card is extended from two up to four years, unless the employment contract validity is below four years. In the latter case, the permit is valid for the duration of the employment contract plus three months. The permit can be renewed for a duration of four years or for the duration of the employment contract plus three months.

The other provisions of Art 45 Law of 29/08/2008 remain unchanged.

Family reunification

Authorizations to stay for family members of EU Blue Card holders shall be granted within maximum six months of the application day (where the conditions provided by law are met).

Authorizations to stay for family members of ICT permits holders shall be granted within maximum ninety days of the application day (where the conditions provided by law are met). In context, the applications lodged for the transferee and his/her family members are handled simultaneously if lodged simultaneously. Family members of ICT permits holders are granted residence permits valid for the same duration as the transferee’s residence permits.

Students

Residence permit for employed or self-employed workers can be granted to third-country nationals students, having completed in Luxembourg the last year of their (minimum) five years degree or having accomplished their PhD these in Luxembourg and pursuing a professional activity related to their academic background.

Tanel Feldman

Immigration Law Associates

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