The legislation regarding migration into the Grand Duchy of Luxembourg is a federal law that confers the free circulation of persons and permits immigration.
The EU citizen has the right to stay in Luxembourg for a period of more than three months if he or she meets one of the following conditions:
Works as a salaried worker or is self-employed (independent activity)
Possesses adequate resources for him/herself and one’s family to avoid becoming a public ward.
Is matriculated in a public or private institution, accredited in the Grand Duchy of Luxembourg, for formal study or professional formation, while assuring availability of adequate resources for him/herself and his/her family members so as to avoid becoming a public ward.
He/she must possess health insurance.
The EU citizen, who intends to reside in the territory for more than three months, must apply for a registration certificate at the municipal administration of his place of residence within three months after his arrival.
The new law creates for all categories of third country nationals a unique permit of stay. This permit shows the kind of authorisation the holder got. As needed, the permit has different names and is granting different rights to the holder.
1. permit of stay for the salaried worker
2. permit of stay for the highly qualified worker
3. permit of stay for the autonomous worker
4. permit of stay for sports
5. permit of stay for students, interns and volunteers
6. permit of stay for researchers
7. permit of stay for family members of the third country national
8. permit of stay for long-term residents
The national of a third country must submit his demand for obtaining a permit of stay at the minister. It has to be favourably approved before entering the territory. The ministerial authorisation must be used within 90 days of issue.
The person takes the authorisation to the municipal administration of the place where he intends to reside within 3 working days from the date of entry, and declares his or her arrival. A copy of the statement will be given to the person as a receipt.
The detention of the receipt and the authorisation proves the correctness of his stay until the issuance of the permit of stay.
The new law also provides for the creation of four other new categories of permit of stay.
The permit of stay for private reasons,
The permit of stay for exceptional reasons,
The permit of stay for the beneficiaries of medical treatment,
The permit of stay for victims of human trafficking
In the case of the permit of stay for «people receiving medical treatment», the migrant must have the financial resources to pay for the treatment and this permit is limited in time.