Eligibility conditions and application procedure in Luxembourg
Mr. Y, a computer engineer from a country outside the European Union, receives a job offer from a company in Luxembourg. This position represents an exceptional opportunity, but to work legally in Luxembourg, he must obtain a suitable residence permit.
The company tells him about the European Blue Card, but Mr. Y has several questions: Is he eligible? What steps must he take? What advantages does this residence permit offer?
Legal Basis
– European Directive 2009/50/EC of 25 May 2009
– Amended Law of 29 August 2008 on the free movement of persons and immigration
What is the European Blue Card?
The European Blue Card is a residence permit that allows its holders to live and work legally in an EU country. It guarantees residence in the member state that grants it and provides the possibility for its holder to move and work in other EU countries, thus offering greater flexibility compared to other work residence permits.
The European Blue Card was introduced by the European Union in 2009 through Directive 2009/50/EC. It was created to attract highly qualified workers from non-European Union countries to meet the demand in sectors where Europe lacked qualified labor.
Advantages of the European Blue Card
The European Blue Card offers many advantages to its holders. First, it allows them to reside and work legally in Luxembourg while benefiting from Luxembourg’s social security system, including access to healthcare and social coverage.
After 18 months of residence in Luxembourg, holders have the opportunity to move to another European country and work there without having to renew their residence permit.
Another major advantage is the simplified family reunification. Thanks to this provision, family members of the holder (spouse, partner, children) can come to live in Luxembourg under more flexible conditions than those applicable to other types of residence permits.
Finally, after five years of continuous residence in the European Union, including at least two years spent in Luxembourg, holders of the European Blue Card can apply for long-term resident status within the European Union.
Eligibility Conditions for the European Blue Card in Luxembourg
To be eligible for the European Blue Card in Luxembourg, the candidate must meet several criteria. First, the person must hold a recognized university degree corresponding to the job offer’s requirements. Alternatively, significant experience in a similar field is necessary. Moreover, the candidate must have a work contract of a minimum duration of six months and a gross annual salary exceeding a threshold set by Luxembourg. Currently, this threshold is €58,968.
In addition, it is important that the candidate presents a valid passport and, if necessary, a visa to enter the Schengen Area.
Application Procedure in Luxembourg
Before recruiting a highly qualified worker, the employer must declare the vacancy to the ADEM. Then, the employer signs a work contract with the employee, which must state that the start of work is conditional on obtaining the residence authorization. Before hiring, the employer must ensure that the employee holds a valid residence authorization and inform Luxembourg authorities within three days after the start of work.
The third-country national employee must apply for temporary residence authorization before entering Luxembourg. This request is made to the General Directorate of Immigration or the Luxembourg diplomatic mission in their country of residence. This authorization must be granted before entering Luxembourg. If accepted, the employee obtains temporary residence authorization valid for 90 days, during which they must apply for a Schengen visa (if necessary).
Upon arrival in Luxembourg, the employee must report to the municipality of residence within three days to make a declaration of arrival. This process requires presenting their travel document (passport, visa, or residence permit from another EU country) and proof of accommodation. A copy of this declaration of arrival serves as a work and residence permit until obtaining the definitive residence permit.
The employee must then undergo a medical examination, including a general check-up and tuberculosis screening. Once these steps are completed, a medical certificate is issued, and the employee can continue the process for obtaining the European Blue Card.
Subsequently, within three months of their arrival, the employee must submit the European Blue Card application to the General Directorate of Immigration. This can be done online via MyGuichet.lu or by post. The application must be accompanied by documents such as a copy of the passport, temporary residence authorization, declaration of arrival, and proof of adequate housing. The employee must also pay a fee of €80.
Once the application is submitted, Luxembourg authorities will review the file. Processing times may vary, but the process typically takes several weeks.
Once the application is approved, the residence permit is issued for a duration of one to four years, depending on the work contract’s length. The employee is then scheduled for an appointment to provide biometric data, and a few days later, they can collect their residence permit.
It should be noted that during the first year after obtaining the card, the holder is only authorized to practice the profession and work in the sector specified on their residence permit. Any change in profession or sector during this period requires prior authorization from the competent ministry.
Refusals and Possible Appeals
Several reasons may lead to the refusal of a European Blue Card application in Luxembourg. Common reasons include the non-compliance of diplomas with the job requirements, insufficient salary below the minimum required threshold, or an invalid or non-compliant employment contract. In such cases, the candidate receives a notification of their application’s refusal.
However, the refusal is not final. The candidate has the right to appeal, which can be filed with the Luxembourg Administrative Tribunal. This appeal must be submitted within a specific timeframe after receiving the refusal notification. The tribunal may then re-examine the situation and, in some cases, overturn the initial decision or request a re-evaluation of the application.
In Summary
The European Blue Card is an excellent scheme for qualified professionals wishing to work and settle in Luxembourg, offering significant advantages in terms of mobility and family reunification within the European Union.
CERNO LAW FIRM has the expertise to advise and assist you in this area.
