Luxembourg: immigration law news.

In March 2017, a new immigration law came into force, which determined significant changes in obtaining a residence permit when transferring employees between companies (ICT), investors, EU blue card holders, students, seasonal workers and members of their families. According to the authorities, the changes should lead to a reduction in the time for processing applications, to increase economic activity in the country (due to the softening of immigration rules).

Employee transfers (ICT): Legislation has legalized the EU staff transfer directive. New ICT permissions are available for managers and specialists who have at least 3-12 months work experience (depending on the category) in the corporate group of companies, and interns who have at least three to six months work experience. ICT permits are issued for a period of up to three years and provide mobility within the EU for stays of up to 90 days for 180 days in other EU member states. Dependents (family members) are allowed to accompany ICT owners, but they must independently obtain a work permit if they have intentions to work in Luxembourg. The law sets the time for processing ICT applications to three months, but in practice it is expected that the procedure will take from about four to six weeks.

Investors: the legislation has introduced new residence permits for citizens of non-EU countries who will post:

• at least 500,000 euro to an existing Luxembourg company;
• at least 500,000 euro to a Luxembourg startup, which will create at least five jobs during the first three years of the company’s operations;
• at least 3 million euro to the Luxembourg holding company;
• at least 20 million euro in the form of a deposit at a financial institution in Luxembourg.

EU Blue Card Holders: Legislation provides for the provision of an EU Blue Card valid for up to four years, not two years as before, or for the duration of an employee’s contract plus three months.

Students: Students who have completed a university program of five or more years will not be required to return to their home countries, but may renew (obtain) a work permit upon completion of the standard two-year postgraduate cycle.

Dependents: family members of third-country nationals who hold a residence permit will be allowed to accompany the owner of the residence permit in Luxembourg, provided that the principal has a permit valid for at least one year with the possibility of extension. Previously, dependent family members had to wait a year before they could apply for a residence permit as dependents.