Latest updates on Hiring Third-Country Nationals in Luxembourg - Government Decree no. 450/2024

International Employment Update

Changes regarding employment with a residence permit for Third Country Nationals who recieved a work permit from an employer permit and residence for the purpose of employment

The updated Government Decree No. 135/2024, issued on December 21, outlines the regulations for Third Country Nationals seeking employment in Luxembourg. This decree, also known as the Government Decree, was officially published in the Luxembourg Official Journal in bulletin ADEM Luxembourg No. 135 of 2024 on December 23, 2024. It is set to take effect on January 7, 2025.

Effective January 7, 2025, nationals from the countries listed below may apply for a work visa in Luxembourg. To do so, they must have a formal diplomatic note, also known as a note verbale, from their employer in Luxembourg for visa application or other official purposes related to employment as outlined in Annex 1 of the Government Decree.

In the context of the European Union (EU), a third-country national is a citizen of a state that is not a member of the EU, nor a citizen of Iceland, Liechtenstein, Norway, or Switzerland.

The countries affected by this policy are:

* Afghanistan

* Algeria

* Bahrain

* Bangladesh

* Bosnia and Herzegovina

* Burma (Myanmar)

* Cuba

* Djibouti

* Egypt

* Hong Kong

* India

* Indonesia

* Iran

* Iraq

* Jordan

* Kazakhstan

* Kyrgyzstan

* Laos

* Lebanon

* Libya

* Macau

* Malaysia

* Nigeria

* North Korea

* Pakistan

* Palestinian Authority

* Rwanda

* Saudi Arabia

* Singapore

* Somalia

* South Africa

* Sudan

* Syria

* Tajikistan

* Uzbekistan

* Venezuela

* Vietnam

* Yemen

These nationals are now eligible to seek employment opportunities in Luxembourg, subject to the requirements outlined above.

According to the Government Decree, individuals from third countries can be employed in Luxembourg with a residence permit for employment purposes. This permit can be obtained with a note verbale clearly stating that the employee will remain with the employer until the expiration of the work permit. This measure ensures that the employee will leave Luxembourg and return to their home country if they do not comply with Luxembourg and European Union laws regarding the admission and residence of third-country nationals. The Minister responsible for foreign policy has published a list of these countries in a Communication included in the Official Bulletin, which is annexed to the Luxembourgish Official Journal.

Applications for the subsequent issuance of a voice verbale for third-country nationals submitted after January 1, 2025, will be considered inclusive to the affected decree. Holders of work permits from employers must apply for authorization of the note verbale, which will be processed within 2-4 months depending on the specific circumstances. This validation process confirms the work permit issued by the employer.

Employers can facilitate this process on behalf of their employed third-country nationals, with the new regulations taking effect from January 7, 2025, under Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals.

Applications for the issuance of a note verbale, effective from January 1, 2025, must be submitted by third-country nationals holding a residence permit for guest workers as of December 31, 2024.

For more information on this latest update, kindly contact adem@luxembourgs.info