Intra-corporate transferee (ICT) in Luxembourg

Preliminary steps

Third-country nationals must meet the following requirements first:

• have been employed by the business or the group of businesses transferring the employee for an uninterrupted period of at least 3 months immediately preceding the application for transfer;
• have a valid passport;
• check whether or not they require a visa to enter the Schengen area.

How to proceed

Before entering the country

The hosting employer must submit a considered and detailed application for a temporary authorisation to stay to:

• the Directorate of Immigration of the Ministry of Foreign and European Affairs; or
• a Luxembourg diplomatic or consular representation or to a diplomatic or consular mission representing Luxembourg.

The application must be accompanied by the following documents relating to the third-country national:

• a copy of their valid passport, in its entirety;
• an recent extract of the criminal record or an affidavit (sworn declaration) established in the country of residence;
• a certificate of affiliation with the social security in the country of origin / Luxembourg, or the proof that an application for affiliation has been submitted.

The documents enclosed must be originals or certified true copies (except for the passport where a plain copy will suffice). Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).

If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.

In case of a favourable reply, the third-country national receives a "temporary authorisation to stay" sent by post. This temporary authorisation to stay is valid for a duration of 90 days.

Passports and visas

If they do not require a visa, the third-country national may enter Luxembourg with their authorisation to stay and their passport.

If the third-country national does require a visa, they must apply for a type D visa, before their trip and from their country of origin. The application, along with their authorisation to stay, must be submitted to:

• to the Luxembourg diplomatic or consular body in their country of origin;
• or failing that, the Belgian embassy or consulate.

The visa, in the form of a seal, is affixed in the passport and is valid for 3 months.

If the passport of the third-country national is due to expire in less than 6 months, it should be renewed before coming to Luxembourg.

After entering Luxembourg, the third-country national must take steps to obtain a residence permit.

If the third-country national has a valid residence permit for family members of an EU citizen, or a valid residence permit issued by another EU Member State, a visa is not required. The third-country national must nonetheless have a temporary authorisation to stay.

After entering the country

Declaration of arrival

Third-country transferred workers must file a declaration of arrival with the authorities of their commune of residence within 3 days of arriving in Luxembourg. In doing so, they will be expected to produce:

• valid travel documents (passport);
• where applicable, the residence and/or work permit issued by the EU Member State where the company carrying out the transfer is established.

Medical check-up

Third-country transferred workers wishing to stay in Luxembourg for more than 3 months must undergo a medical check for third-country nationals as soon as possible after arriving in Luxembourg. This check comprises:

• a medical examination by a doctor established in Luxembourg, and;
• tuberculosis screening by the Health and Social Welfare League (Ligue médico-sociale - LMS).

After receiving the results of these examinations, the Immigration Medical Department (Service Médical de l'Immigration - SMI) of the National Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the Directorate of Immigration (Direction de l'Immigration) of the Ministry of Foreign and European Affairs (ministère des Affaires étrangères et européennes) to allow the residence permit application to be processed.

Residence permit application

Third-country nationals wishing to stay for more than 3 months must file an application for a residence permit for intra-corporate transferees (ICT) with the Directorate of Immigration within 90 days of their arrival in Luxembourg.

The following documents must be sent together with the residence permit application:

• a copy of the filled-in pages the valid passport;
• a copy of the temporary authorisation to stay;
• a copy of the declaration of arrival issued by the communal administration;
• proof of suitable housing (rental agreement, property deed, etc.);
• proof of payment of a fee of EUR 80.

The residence permit for "workers under an intra-corporate transfer scheme" is valid for a minimum of 1 year for transferred managers or specialists or only for the duration of the stay if the duration of the transfer is shorter.

In the case of trainees, the residence permit for "workers under an intra-corporate transfer scheme" is valid for the duration of the transfer.

The residence permit is renewable but may not exceed:

• 3 years for the specialist or manager;
• 1 year for the trainee employee.
  The application for renewal must be submitted to the Directorate of Immigration at the latest 2 months before the residence certificate expires, and must be accompanied by the following:
• a copy of the filled-in pages of the valid passport;
• a copy of the amendment to the work contract / transfer agreement;
• a recent extract from the criminal record in Luxembourg;
• proof of payment of a EUR 80 fee

Negative decisions related to authorisation to stay can be challenged before the First instance Administrative Court within three months of notification of the ministerial decision.

If the First instance Administrative Court rejects the appeal the decision a further appeal can be filed before the Administrative Court within 40 days of judgement notification.

Third-country nationals can stay in Luxembourg for a maximum period of 90 days during a period of 180 days, provided that the host company established in the first Member State has notified the Luxembourg Minister responsible for immigration.

The notification must be submitted together with the following documents:

• a certified copy of their valid passport, in its entirety;
• a copy of the authorisation to stay / residence permit valid in the first Member State;
• evidence that the host company and the undertaking established in the third country belong to the same company or group of companies;
• the employment contract and, where applicable, the assignment letter submitted to the first Member State;
• a transfer agreement / assignment letter which contains:
  • o the duration of the temporary transfer;
  • o the location of the host company/companies in Luxembourg;
  • o evidence that the third-country national will work in a managerial or specialist position or as a trainee employee in Luxembourg;
  • o the remuneration and other employment conditions granted for the duration of the transfer;
• evidence that the transferred worker can return to work in the same company or group of companies established in a third country after the transfer;
• where applicable, all documents which attest that the transferee meets all the conditions for the regulated profession to be carried out in Luxembourg.

If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be enclosed.

The notification must also be submitted to the competent authorities in the first Member State.

The third-country national can come to Luxembourg immediately after the notification is submitted, or at any later time, provided that the validity period of the intra-corporate transferee (ICT) residence permit issued by the first Member State has not expired.

Objection by the Minister to short-term mobility

The Minister can object to the third-country national's short-term mobility within 20 days from receiving the notification from the first Member State if:

• the maximum duration of the 90-day stay during a 180-day period has already been reached, or;
• the third-country national has no valid residence permit, or;
• the undertaking established in the transferring country and the host company in Luxembourg do not belong to the same company or group of companiesor;
• it has not been established that the transferred worker meets all the conditions required to carry out the regulated profession in Luxembourg.

If the Minister does oppose their mobility, the transferred third-country national is not authorised to work in Luxembourg.

If the third-country national is already in Luxembourg, the Minister can request that the professional activity must stop and that the person concerned must leave the country if the Minister:

• has not received the required notifications, or;
• has objected to mobility.

Third-country nationals can stay in Luxembourg for a maximum period more than 90 days, provided that the host company established in the first Member State has applied for a residence permit to the Luxembourg Minister responsible for immigration.

The application must be accompanied by the following documents:

• a certified copy of their valid passport, in its entirety;
• a copy of the authorisation to stay / residence permit valid in the first Member State;
• evidence that the host company and the undertaking established in the third country belong to the same company or group of companies;
• a valid employment contract which binds the third-country national to the transferring entity before and during the transfer;
• where applicable, all documents which attest that the transferee meets all the conditions for the regulated profession to be carried out in Luxembourg;
• a document indicating the duration of the transfer and the dates for mobility, if this information is not already stated in any of the other required documents.

If the documents are not drawn up in German, French or English, an official translation by a 'sworn' translator must be enclosed.

The third-country national does not have to leave the territory of the EU Member States to submit the application for long-term mobility.

The third-country national is authorised to work in Luxembourg until the Minister in charge of immigration has made a decision regarding the long-term mobility application, provided that:

• the maximum working period of 90 days over a period of 180 days has not expired;
• the residence permit obtained in the first Member State has not expired;
• the complete application for a residence permit in Luxembourg has been submitted to the Minister in charge of immigration at least 20 days prior to the beginning of the long-term mobility programme.

If the application is approved, the third-country national will be granted a residence permit "mobile ICT", which allows him/her to stay and work in Luxembourg. The third-country national must undergo a medical check and declare his/her arrival in the commune of residence.

If the residence permit is denied, the third-country national is sent back to the first Member State in which he/she resided with the authorisation to stay / residence permit ICT.