LUXEMBOURG-Law on BREXIT

LUXEMBOURG-Law on BREXIT
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On 11 April, the Official Gazette published the Law of 8 April 2019, amending the Law of 29 August 2008 on freedom of movement and immigration.

The following provisions shall enter into force on the Brexit date, provided that a withdrawal agreement will be concluded:

 Pursuant to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (hereinafter the Agreement), UK nationals fail under the scope of the said Agreement, will be bound by the provisions applicable to EU citizens, subject to the following exceptions:

UK nationals and their family members who are themselves UK nationals, must, from the end of the transition period, lodge applications for residence permits, in the following situations:

  • to replace registration certificates issued before the end of the transition period (applications may be lodged before the end of the transition period)
  • within a delay of maximum three months following their entry into the territory of Luxembo

Family members who are third-country nationals, must, from the end of the transition period, lodge applications for residence permits, in the following situations :

  • to replace residence cards issued before the end of the transition period (applications may be lodged before the end of the transition period)
  • within a delay of maximum three months following their entry into the territory of Luxembourg

Periods of stay predating the transition period, the transition period, and periods postdating the latter, will be considered In the calculation of the period of five years of lawful and uninterrupted stay, determines right of permanent residence.

Absence periods do not exceed five consecutive years, shall not affect the right of permanent residence acquired by UK nationals and their family members, before the end of the transition period. UK nationals and their family members who are themselves UK nationals, have been acquired the right of permanent residence before the end of the transition period, will be issued permanent residence permits, replacing permanent registration certificates (applications may be lodged before the end of the transition period).Family members who are third-country nationals, will be issued permanent residence permits, replacing permanent residence cards issued before the end of the transition period (applications may be lodged before the end of the transition period).

UK nationals do not fail under the scope of the Agreement, shall be bound by the provisions applicable to third-country nationals.

The following provisions shall enter into force on the Brexit date, in case of no-deal:

UK nationals and their family members, holding a residence title, issued before the Brexit date, will be authorised to stay and work over one year after the Brexit date (employment and self- employment).

At latest three months before the expiration of that period, they must lodge applications for authorisations of stay, in one of the following capacities: salaried worker, highly skilled worker, intra-corporate transferee, posted worker, seasonal worker, self-employed, sport professional, student, trainee, volunteer , au-pair, researcher, family member, investor or private reasons.

They will be exempt from the obligation to make a declaration of arrival, obtain a medical certificate, and provide proof of decent accommodation.

The law shall enter into effect on 31 October 2019.

 

 

            

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