Immigration
Luxembourg | Implementation of the new EU blue Card Directive
Summary
The law of June 4, 2024, which entered into force on Monday July 1, 2024, has transposed Directive (EU) 2021/1883 establishing the conditions of entry and stay of third-country nationals for the purposes of highly qualified employment and amends the law of August 29, 2008 on the free movement of people and immigration.
The detail
Since Monday, July 1, non-EU nationals who wish to work in Luxembourg can benefit from relaxed criteria to obtain the European Blue Card. The aim of the new legal framework is to:
Key changes
|
Now |
Previously |
| The salary threshold has been lowered to EUR 58,968 to correspond to the average gross annual salary in Luxembourg | The salary threshold was EUR 88,452 |
| The applicant must have an employment contract of minimum 6 months | A 1 year contract was required to be eligible |
| Free access to the labor market after 12 months. EU Blue Card holders can now change employers, roles and sectors 12 months after receiving their Blue Card | Free access was only available after 2 years under the EU Blue Card |
| Possibility to remain in Luxembourg during the renewal procedure even if the EU Blue Card expires | This was not specified before |
| No need to have a diploma if knowledge, skills and competencies can be attested by professional experience of at least five years at a level comparable to higher education diplomas and which are relevant for the profession or sector indicated in the employment contract | Required to have 5 years of professional experience in the field or a Bachelor degree |
| Third-country nationals holding an European Blue Card issued by another EU Member State can enter Luxembourg and stay there for the purpose of carrying out a professional activity for a period of 90 days over a period of 180 days | This was not specified before |
| After 12 months of legal residence in another EU member State which issued the European Blue Card, the third country national can enter Luxembourg as a highly qualified employment on the basis of the same European Blue Card and a valid travel document and submit an application (within 1 month) to obtain a European Blue Card in Luxembourg | Applicants needed at least 18 months of residence in another EU Member State |
| Applicants can start working immediately after submitting their residence permit application in the second member state, and a decision must be reached within 30 days, extendable in complex cases | They had to wait for the decision to start working |
| Beneficiaries of international protection now have the right to apply for an EU Blue Card provided they meet all the required conditions | This was not possible before |
| Family members can enter and reside in Luxembourg before applying for a residence permit if they already hold a valid permit from the first member state and if the partner holds a valid EU Blue Card. Processing time is up to 30 days | It took up to 9 months processing time to obtain a residence permit under family reunification if family was not joining at the same time |
| Holders of a European Blue Card can now carry out a subsidiary independent activity alongside their main activity as a highly qualified worker | This was not possible before |
What this means for employers
Some of the changes as implemented in Luxembourg will benefit employers, such as the lower salary threshold (EUR 58,968 as opposed to EUR 88,452 previously) and minimum duration of contract of 6 months instead of 1 year. Most of the changes improve the position of the employee, who will enjoy more flexibility and more rights when in possession of an EU Blue Card. It is likely that employers will see more requests from employees to explore the possibility to apply for an EU Blue Card in Luxembourg.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Maud Aupetit
Senior Manager
Rebecca Serval
Associate
Further information on Vialto Partners can be found here: www.vialtopartners.com
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