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Luxembourg: The domicile of choice for financial services - Alfi

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Immigration<br />

<strong>The</strong> new immigration law that came into<br />

<strong>for</strong>ce in 2008 significantly simplified procedures<br />

with regard to entry, residence and<br />

working requirements <strong>for</strong> non-nationals in<br />

<strong>Luxembourg</strong>.<br />

Entry and residence requirements <strong>for</strong> citizens<br />

<strong>of</strong> the European Union (EU), the European<br />

Economic Area (EEA) and Switzerland (1)<br />

differ from those <strong>for</strong> citizens <strong>of</strong> other countries<br />

(2).<br />

1. Entry and residence requirements <strong>for</strong><br />

EU, EEA and Swiss nationals and their<br />

family members<br />

EU, EEA and Swiss nationals are allowed to<br />

enter and stay in <strong>Luxembourg</strong> <strong>for</strong> a period<br />

<strong>of</strong> up to three months on simple presentation<br />

<strong>of</strong> a national identity card or valid passport.<br />

Any <strong>of</strong> their family members who are not EU<br />

nationals have the right to enter and stay <strong>for</strong><br />

a period <strong>of</strong> up to three months on presentation<br />

<strong>of</strong> a valid passport and visa where required.<br />

EU, EEA and Swiss nationals can stay <strong>for</strong><br />

more than three months if they can show that<br />

they are self-employed or employed, students,<br />

or provide evidence <strong>of</strong> sufficient resources <strong>for</strong><br />

themselves and their family members as well<br />

as <strong>of</strong> adequate health insurance. <strong>The</strong>y must<br />

register at the local town hall within three<br />

months <strong>of</strong> their arrival in <strong>Luxembourg</strong> and are<br />

immediately issued with a document confirming<br />

registration.<br />

Family members <strong>of</strong> EU, EEA and Swiss nationals<br />

who are not EU nationals must apply <strong>for</strong> a<br />

residence card at the local town hall. <strong>The</strong> card<br />

is issued by the Immigration Directorate <strong>of</strong> the<br />

Ministry <strong>of</strong> Foreign Affairs.<br />

EU, EEA and Swiss nationals as well as any <strong>of</strong><br />

their family members who are non-EU nationals<br />

have free access to the labour market.<br />

However, the restrictions provided <strong>for</strong> in the<br />

Accession Treaty mean that nationals <strong>of</strong><br />

Bulgaria and Romania, as well as any family<br />

members who are third-country nationals, still<br />

need to obtain a work permit during the first<br />

year after accessing labour market.<br />

2. Entry and residence requirements <strong>for</strong><br />

non-European nationals<br />

2.1. Entry<br />

Non-EU nationals entering <strong>Luxembourg</strong><br />

must meet the conditions defined in the rules<br />

governing the Schengen Area.<br />

<strong>The</strong> Schengen Area comprises 25 EU Member<br />

States, 1 Switzerland, Norway and Iceland. Ireland<br />

and the United Kingdom are currently the only<br />

EU Member States to have negotiated an opt-out.<br />

<strong>The</strong> Schengen Area operates very much like a<br />

single country <strong>for</strong> international travel purposes,<br />

with border controls <strong>for</strong> people coming<br />

in and out, but no internal border controls.<br />

Non-EU nationals must have a valid passport<br />

and, in some cases, a visa. A complete list <strong>of</strong><br />

the countries whose citizens need a visa may<br />

be found on the website <strong>of</strong> the Ministry <strong>of</strong><br />

Foreign Affairs (www.mae.lu), together with<br />

in<strong>for</strong>mation about required documents.<br />

Non-EU nationals may be refused entry on the<br />

grounds <strong>of</strong> records in the Schengen In<strong>for</strong>mation<br />

System (SIS), if they have previously been<br />

refused entry or if they are a threat to public<br />

security or health. <strong>The</strong>y must show the reasons<br />

<strong>for</strong> their visit and evidence <strong>of</strong> sufficient<br />

resources <strong>for</strong> their stay and return, as well as<br />

<strong>of</strong> adequate health insurance.<br />

<strong>The</strong>se conditions apply regardless <strong>of</strong> the length<br />

<strong>of</strong> their stay.<br />

1<br />

Bulgaria, Cyprus, and Romania have not yet implemented the Schengen Agreement into national law, but are required<br />

to do so.<br />

15

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