The Law of June 4, 2024which comes into force on July 1st 2024, transposes EU Directive 2021/1883 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment, and amends the Law of August 29, 2008 on the free movement of persons and immigration.
The aforementioned law includes the following provisions:
The law revises the conditions for obtaining a residence permit for the purposes of highly qualified employment. It stipulates that the valid employment contract submitted by the third- country national in support of his or her application for a residence permit must now be for a period of at least six months. In addition, third-country nationals will continue to be required to provide documents attesting that they have the high professional qualifications required to practice the non-regulated profession, or that they meet the conditions required to practice the regulated profession specified in the employment contract.
Les titulaires d’une carte bleue européenne peuvent désormais exercer une activité indépendante subsidiaire parallèlement à leur activité principale de travailleur hautement qualifié.
Third-country nationals holding an EU Blue Card issued by a member state of the European Union applying the Schengen acquis in full[1] (other than Luxembourg) have the right to enter Luxembourg territory and reside there for the purpose of exercising a professional[2] activity[2] for a period of 90 days over a period of 180 days.
Third-country nationals holding a valid travel document and EU Blue Card issued by a member state that does not fully apply the Schengen acquis (Romania, Bulgaria and Cyprus) have the right to enter Luxembourg territory and stay there for the purpose of exercising a professional activity, provided that the stay on Luxembourg territory and, where applicable, on the territory of other EU member states, does not exceed the maximum duration of duration of 90 days in any 180-day period.
The law stipulates that after twelve months of legal residence in the EU member state that issued the EU Blue Card, the third-country national has the right to enter the territory of a second member state for the purpose of highly qualified employment, on the basis of the same EU Blue Card and a valid travel document.
Upon entry into Luxembourg territory and no later than one month after arrival, the holder of an EU Blue Card issued by another Member State shall apply for an EU Blue Card in Luxembourg.
[1] Convention d’application de l’Accord de Schengen du 14 juin 1985 entre les Gouvernements des États de l’Union économique Benelux, de la République fédérale d’Allemagne et de la République française relatif à la suppression graduelle des contrôles aux frontières communes.
[2] Professional activity is defined as "a temporary activity directly linked to the business interests of the employer and to the professional duties of the holder of a residence permit known as an 'EU Blue Card' based on the employment contract in the first member state, including participation in internal or external work meetings, attending conferences or seminars, negotiating commercial agreements, carrying out sales or marketing activities, seeking business opportunities, or attending and participating in training courses ". ”.
