Bill of Law 6992: Enhanced mobility of workers and new immigration possibilities for investors

Article By Pierre Elvinger and Philippe Hoffmann.

The amended Law of 29 August 2008 on free movement of persons and immigration will soon face major changes to be introduced by the Bill of Law 6992, currently being discussed by the Parliament in Luxembourg ("Bill").

Firstly, the Bill aims at implementing Directive 2014/66/EU of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer ("ICT Directive") and Directive 2014/36/EU of 26 February 2014 on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.

The implementation of the Directive relating to seasonal workers will most likely have little to no impact on the Luxembourg economic landscape. However, the implementation of the ICT Directive will be of interest for international groups which for instance have their holding companies based in Luxembourg.

The provisions relating to intra-corporate transfer ("ICT") aim to facilitate mobility of intra-corporate transferees within the European Union (excluding the United Kingdom, Ireland and Denmark) and to reduce the administrative burden associated with work assignments in several Member States (recital 25 of the ICT Directive). 

Only managers (employees of a certain level), specialists (employees with specific professional knowledge) and trainee employees may benefit from the facilitated conditions on entry and the mobility provisions of the ICT Directive. 

The Bill contains legal conditions in the case where a company based outside the EU temporarily assigns an employee (who is not a citizen of the EU, i.e. third country nationals) to a company based in Luxembourg. 

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