New immigration law provisions to enter into force on Friday 24 March 2017

The Law of 8 March 2017 amending the Law of 28 August 2008 on free movement and immigration was published on Monday, 20 March 2017, in the legal gazette (Mémorial A). It will enter into force this Friday, 24 March 2017.

On one hand, the amending law implements the new European provisions on seasonal workers (Directive 2014/36/EU) and intra-corporate transfer (Directive 2014/66/EU) and, on the other hand, introduces new immigration concepts into Luxembourg law. These amendments concern third-country nationals, i.e. nationals who are not citizens of a Member State of the European Union or the European Free Trade Association.

The major modifications are as follows:
i. The intra-corporate transfer provisions will be applicable in Luxembourg and the current provisions on transferred workers will be abolished. Any existing residence permits for transferred workers will remain valid until their current expiry dates.
ii. Seasonal workers may apply for a specific residence authorisation/permit.
iii. Foreign investors may obtain a specific residence authorisation/permit based on four investment options.
iv. Companies which, in the third country, cannot continue to exercise their activities due to a major event may temporarily exercise their activities in Luxembourg by obtaining residence authorisations/permits for their workers.
v. Highly qualified workers applying for a European Blue Card will obtain a card valid immediately for 4 years instead of the current 2 years (in case the employment contract is open-ended).
vi. Students which have completed their university studies in Luxembourg may immediately apply for a residence permit for workers/independent workers, without being limited to 2 years of stay.
vii. Family members of third country nationals will be able to apply immediately, together with such third country national on whom they depend (the main applicant), for a residence authorisation regardless of the immigration category opted for by the main applicant.

Elvinger Hoss Prussen published an article on 28 November 2016 detailing the major items of the amending law, which can be viewed by clicking on this link.

For further information on the new provisions in immigration law, please contact Pierre Elvinger, Partner.