Conditions of residence for young au pairs from third countries

Dernière mise à jour de cette page le 01-04-2016

A third-country national who wishes to come to Luxembourg to work as a young au pair for a period of more than 3 months, must follow a procedure in 2 consecutive steps:

  • Step 1: before entering the country:
    • submit an application for a temporary authorisation to stay to the Immigration Directorate of the Ministry of Foreign and European Affairs;
    • hold a valid passport;
    • for persons subject to visa requirements in order to enter Luxembourg: request, where necessary, a type D visa after having obtained the temporary authorisation to stay;
  • Step 2: after entering the country:
    • make a declaration of arrival in the new commune of residence in Luxembourg;
    • undergo a medical check;
    • submit an application for a residence permit.

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Who is concerned

Third-country nationals (i.e. nationals from a country which is not a EU Member State or a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) who are between 18 and 30 years old and wish to reside in Luxembourg as a young au pair are subject to these dispositions. These persons must first have a temporary authorisation to stay, then a residence permit.

The application for a temporary authorisation to stay must be submitted by the young au pair. However, he/she may mandate a third party, such as the future host family, to carry out the necessary procedures.

Non-EU nationals who are family members of an EU citizen (or a national of a country treated as such) living in Luxembourg do not need an authorisation to stay for a young au pair.

Prerequisites

Third-country nationals must meet the following requirements first:

  • have a valid passport;
  • check whether or not they have to obtain a visa to enter the Schengen area;
  • have the written approval from the Ministry of Youth.

To get this approval, they also have to meet the specific conditions required to be a young au pair, namely:

  • be at least 18 and less than 30 years old;
  • hold a certificate giving them access to higher education in their country of origin, or give proof that they have attended class until the age of 17 at the minimum;
  • have basic knowledge of the languages spoken by the host family, as well as English or one of the country's 3 administrative languages (German, French or Luxembourgish);
  • provide a medical certificate established less than 3 months prior to their arrival, proving that the young au pair is able to carry out simple routine family tasks, including childcare;
  • have concluded an au pair hosting agreement with an authorised host family;
  • not carry out any salaried or independent work during their time as an au pair.

How to proceed

Step 1: before entering the country

Application for a temporary authorisation to stay

The future young third-country national au pair must submit an application for a temporary authorisation to stay (on plain paper) from the country of origin:

The application must be submitted and approved before coming to Luxembourg, except in certain special cases (i.e. third-country nationals who already hold a residence permit in Luxembourg). Applications submitted from inside Luxembourg are inadmissible.

The application for a temporary authorisation to stay must contain the applicant's identity details (surname(s), first name(s) and address in the country of residence) and must be accompanied by the following documents and information:

  • a certified copy of their valid passport, in its entirety;
  • a birth certificate;
  • a copy of the police record or an affidavit (sworn oath) established in the country of residence;
  • the written approval from the Minister in charge of Youth;
  • Where necessary, a proxy.

Proxy:
third-country nationals may mandate a third party (e.g. the future host family) to submit the application in their place. In this case, the proxy holder, with the exception of attorneys, must provide proof of their mandate in the form of a written power of attorney, duly dated and signed by the principal. The signature must be preceded by the handwritten note 'bon pour procuration' ('good for proxy').

The documents enclosed must be originals or certified true copies. Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by a Luxembourg diplomatic or consular representation in the third country nationals country of residence (or alternatively notarised with an apostille of the Hague).

If the documents are not drawn up in German, French or English, an official translation by a sworn translator must be attached.

Only complete applications will be processed. Incomplete applications will be returned to the sender.

The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. If no response is received within this time, the application shall be deemed to have been rejected.

In case of a favourable reply, the third-country national receives a "temporary authorisation to stay", sent by post. This temporary authorisation to stay is valid for a duration of 90 days. During that time, the third-country national must:

After entering Luxembourg, the third-country national must take steps to obtain a residence permit.

Passport and visa

If the third-country national is not subject to visa requirements, he/she may enter Luxembourg with the temporary authorisation to stay.

Third-country nationals subject to a visa obligation must submit, before their journey and from their country of origin, a type D visa application and present their temporary authorisation to stay to the Luxembourg diplomatic or consular representation in their country of origin, or, failing that, to the embassy or consulate of the country in the Schengen area which represents Luxembourg for the issuance of long stay visas (only the Belgian embassy or consulate).

The visa, valid for a maximum period of 3 months, is affixed in the passport in the form of a seal.

If the applicant's passport is due to expire in less than 6 months, he/she is advised to renew it before coming to Luxembourg.

If the third-country national has a valid residence permit for family members of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. Third-country nationals are nonetheless required to have a temporary authorisation to stay in Luxembourg.

Step 2: after entering the country

Declaration of arrival

When entering Luxembourg territory, the third-country national must hold valid travel documents (visa and passport, where applicable), as well as the temporary authorisation to stay.

They must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 3 days of arrival in Luxembourg, presenting:

  • a valid travel document (passport and, where applicable, a visa or a residence permit issued by another EU Member State);
  • the original temporary authorisation to stay;
  • where applicable, a valid proof of address.

The applicant will receive a copy of the declaration of arrival as a receipt.

The copy of the declaration of arrival together with the temporary authorisation to stay are valid as an authorisation to stay and allow to carry out activities as an au pair until the residence permit is issued.

Medical check

Before applying for the residence permit, the young third-country national au pair must undergo a medical check for foreigners as soon as possible which consists in:

  • a medical examination by a doctor established in Luxembourg and authorised to work as a general practitioner, a practitioner specialised in internal medicine or pediatrics;
  • and a TB screening by the Health and Social Welfare League (Ligue médico-sociale - LMS).

After receiving the results of these examinations, the Immigration Medical Department (Service Médical de l'Immigration - SMI) of the National Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the Immigration Directorate (Direction de l'Immigration) of the Ministry of Foreign and European Affairs (ministère des Affaires étrangères et européennes) to allow the residence permit application to be processed.

Residence permit application

Young third-country au pairs must submit an application for a residence permit for third-country nationals to the Immigration Directorate of the Ministry of Foreign and European Affairs within 3 months of entry into Luxembourg.

The following documents must be sent together with the residence permit application form:

  • a certified copy of the pages with content of their valid passport;
  • a copy of the authorisation to stay;
  • a copy of the declaration of arrival established by the communal authority;
  • proof of payment of a EUR 80 tax into the IBAN account LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').

When the application is approved, the applicant will receive a letter inviting him to come in person with his/her valid passport and said letter to the Immigration Directorate of the Ministry of Foreign and European Affairs during opening hours. The applicant will get his photograph and fingerprints taken, which will be incorporated into the residence permit. The applicant may also bring a recent photograph compliant with OACI/ICAO standards ('biometric passport standards').

A few days after the biometric data have been provided, the applicant may pick up his residence permit in person at the Immigration Directorate. The exact date will be communicated to the applicant at the time the biometric data are being collected.

The residence permit takes the form of a chip card containing the biometric data.

The residence permit includes information about its holder (surname(s), first name(s), nationality, date and place of birth), as well as specific information about the residence permit (permit category, date of beginning and end of validity of the permit).

Certain residence permit categories include additional information in the field "observation".

Third-country nationals may reside in Luxembourg as au pairs for a limited period of maximum one year. The residence permit for a third-country national au pair is not renewable. Moreover, the young au pair cannot change the residence permit category after expiration of the residence permit for au pairs.

Loss, theft or damage to the residence permit

In case of loss, theft or damage to the residence permit, a specific procedure needs to be followed.

Who to contact

26, route d'Arlon
L-1140 - Luxembourg
Adresse Postale B.P. 752 L-2017 Luxembourg
Grand-Duché de Luxembourg
Tél. : (+352) 247-84040 (de 14h00 à 16h00)
Fax : (+352) 22 16 08
E-mail immigration.public@mae.etat.lu

Heures d'ouverture
guichets informations : de 8h30 à 12h00 du lundi au vendredi ; enrôlement et délivrance des titres de séjour biométriques (uniquement sur convocation) : de 8h30 à 12h00 et de 13h00 à 16h00 du lundi au vendredi