Luxembourg

When traveling to Luxembourg, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

What types of activities may I engage in as a business visitor?

As a business visitor to Luxembourg, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

• » Visit business partners
• » Conduct research
• » Negotiate and close contracts
• » Participate in shows, seminars, conventions, fairs, and exhibitions

If I qualify as a business visitor, do I need a visa for Luxembourg?

Nationals of the European Union, the United States, and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Luxembourg.

Luxembourg is a member of the Schengen Area, a free-travel zone comprised of 26 European countries. If your nationality is not eligible for a visa waiver in the Schengen Area, you will be required to obtain a Schengen C Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to Luxembourg and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Luxembourg law. This list is not exhaustive, and many other professional activities are considered work in Luxembourg, even if conducted for a short duration.

• » Auditing
• » Market rollout
• » Consulting

In limited circumstances, foreign nationals may engage in certain professional activities without obtaining work authorization, although strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.

If I am traveling to Luxembourg for work, what type of work authorization do I need?

The requirements for work authorization depend on your qualifications, on the nature and duration of your work, and on whether your employer has an entity in Luxembourg. The most common types of work authorization for Luxembourg are:

• » Temporary Authorization of Stay (short-term work authorization for assignees posted by a company located outside of the EU/EEA/Switzerland)
• » Residence Permit for Salaried Workers (long-term work and residence authorization for direct hires)
• » Residence Permit for Posted Workers (long-term work and residence authorization for assignees posted by a company located outside of the EU/EEA/Switzerland)
• » ICT Permit for Intra-Corporate Transfers (work authorization for managers, specialists, and trainees transferred from a company based outside the EU to a host entity in Luxembourg that belongs to the same company or group of companies)
• » EU Blue Card (work and residence authorization for highly-skilled direct hires)

Is it possible to be exempted from work authorization requirements?

Nationals from the European Union, the European Economic Area, and Switzerland are not required to obtain work authorization in order to work in Luxembourg. However, registrations or other formalities may be required prior to working or residing in Luxembourg.

Additional work authorization exemptions are available in Luxembourg under Vander Elst rules. In this case, a legal assessment to determine the possibilities for a work authorization exemption should be obtained prior to traveling.

The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the U.K., has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA's impact in Luxembourg.

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2021 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.