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Newsflash 12.05.2017

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Law of 8 March 2017 on immigration

The law of 8 March 2017 modifying 1) the law of 29 August 2008 on the free movement of people and immigration; 2) the modified law of 28 May 2009 on detention centres; 3) the law of 2 September 2011 governing access to the trades of skilled craftsman, retailer, manufacturer and certain liberal professions (hereinafter referred to as “the Law”), was published in the Mémorial A n° 298 of 20 March 2017. The Law came into force on 24 March 2017.

The main purpose of the Law is to transpose into Luxembourg law Directive 2014/36/EU of 26 February 2014 establishing the conditions of entry and stay for third-country nationals for the purposes of employment as seasonal workers, and Directive 2014/66/EU of 15 May 2014 establishing the conditions of entry and stay for third-country nationals within the framework of an intra-corporate temporary transfer.

The Law stipulates that a residence permit can now be requested specifically for third-country seasonal national workers.

It also introduces a residence permit for intra-corporate temporary transferees designed for third-country national managers, experts and trainees involved in a temporary intra-corporate transfer, in order to facilitate the movement of such individuals within the European Union. This new permit is referred to as an “ICT” or “mobile ICT” depending on whether it is designed for short- or long-term movement. It replaces the residence permit for a “travailleur salarié transféré” (transferred employee), although any permits that have already been issued will remain valid until their expiry date.

The other main provisions of the Law include: 

  • the introduction of an original business continuity mechanism, allowing authorised organisations to carry on their activities in Luxembourg in the event of a major incident preventing the normal exercising of their business in a third country,  
  • the creation of a new “investor” residence permit,  
  • the increase from 2 to 4 years for the validity of the “EU blue card” work permit for highly qualified workers, 
  • the possibility for someone with a residence permit (regardless of the category) to request family reunification for their spouse or legally recognised partner and minor dependent children, without having to wait until they have been in Luxembourg for twelve months.

http://legilux.public.lu/Law of 8 March 2017 on immigration