LUXEMBOURG -NEWS

The Law of 29/08/2008 and two Grand-Duchy Regulations amended.

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Sep 20, 2018
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The Law of 29/08/2008 and two Grand-Duchy Regulations amended.

A brief insight:

Authorisation of stay for salaried worker (Article 42 Law of 29/08/2008 as amended)

  • a copy of the valid passport, in its entirety must be provided -a certified copy is not any more required.
  • a copy of the diploma or professional qualifications certificates accompanied by translation if the original is not issued in French, German or English- certified copy of the original and certified translation are not any more required.
  • a covering letter to support the application is not any more required.
  • the birth certificate is not any more required.

Third-country nationals short stay- 90 days in any 180 day-period (Article 34 Law of 29/08/2008 as amended)

  • the personal means of subsistence must be equivalent to the minimum social wage for unskilled employees, prorated to the duration of stay.
  • the means of evidence accepted remain unchanged.
  • Important remark: both, third-country nationals submitted to the obligation to hold a visa and third-country nationals exempt from such an obligation, are bound by the obligation to bring proof of sufficient means of subsistence (currently valid but often disregarded).

Family reunification with a third-country national (Article 69 Law of 29/08/2008 as amended)

  • the stable, regular and sufficient means of subsistence are ascertained considering the minimum social wage for unskilled employees.
  • the assessment of the probability of maintaining stable, regular and sufficient means of subsistence is based on a prognosis that resources may reasonably be available in the year following the filing date of the family reunification application The Minister may consider the income earned in the six months preceding the application.

Other amendments are brought in regard to trainees and researchers. 

A detailed assessment will be released soon.

Go to the profile of Tanel Feldman

Tanel Feldman

Managing Partner, Immigration Law Associates

Corporate Immigration Law/Employment Law/Social Security Law/European Law

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