Conditions of residence for third-country athletes or instructors

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

A third-country national who wishes to come to Luxembourg to work as an athlete or instructor 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;
    • be in possession of a valid passport;
    • for persons subject to visa requirements: request, where necessary, a type D visa after having obtained the temporary authorisation to stay.
  • Step 2: after entering the country:

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Who is concerned

The following are concerned:

  • athletes or instructors from a third-country (i.e. from an EU Member State or a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) who wish to reside and work as athletes or instructors in Luxembourg for a period of more than 3 months;
  • approved Luxembourg federations or affiliated clubs that:
    • intend to hire a third-country athlete or instructor;
    • intend to hire a third-country athlete or instructor who is already lawfully based in Luxembourg.

The temporary authorisation to stay application must be submitted by the third-country national. However, he may call upon a third party, such as the approved federation or club, to carry out the necessary procedures.

Third-country nationals need a temporary authorisation to stay, then a residence permit in order to stay and work as an athlete or instructor in Luxembourg.

Note that the temporary authorisation to stay and the residence permit are granted to carry out an activity as an athlete or instructor exclusively.

Third-country nationals who are family members of an EU citizen (or a national of a country treated as such) living in Luxembourg do not need a specific permit to carry out a paid activity.

Prerequisites

Third-country nationals must meet the following requirements first:

The applicant must also hold an employment contract with the approved federation or affiliated club and receive a salary at least equal to the social minimum wage for full-time work.

Preliminary steps

The approved federation of affiliated club who employ a third-country national must:

  • request to see the athlete/instructor's temporary authorisation to stay / residence permit before beginning the working relationship;
  • request a copy of the athlete/instructor's temporary authorisation to stay / residence permit and keep said copy for the whole duration of the contract;
  • notify the beginning of the working relationship to the Ministry of Foreign and European Affairs within 3 working days from the first day of work.

The approved federation or club must notify the beginning of the working relationship to the Immigration Directorate in writing (mail, email or fax) and specifically state:

  • the identity of the athlete or instructor and his social security number;
  • the start date of employment;
  • the identity of the federation or club.

Federations or affiliated clubs who illegally employ one or more posted workers from third countries with no valid authorisation to stay may face administrative and criminal sanctions.

How to proceed

Step 1: before entering the country

temporary authorisation to stay

The future third-country salaried athletes or instructors must submit an application for a temporary authorisation to stay (on plain paper) from his country of origin:

The application must be submitted and approved before coming to Luxembourg, except in certain special cases (e.g. 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, first name and address) and must be accompanied by the following documents and information:

  • a certified copy of the 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;
  • a curriculum vitae;
  • an employment contract with an approved Luxembourg federation or affiliated club, compliant with Luxembourg labour law, dated and signed by both the applicant and the employer and stating a salary of at least the social minimum wage for full-time work;
  • proof of comprehensive health insurance valid in Luxembourg;
  • in the case of a sports coach: a certified copy of the applicant's professional qualifications;
  • where necessary, a proxy.
    Proxy: third-country nationals may give mandate to a third party (e.g. the future employer) 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').

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

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

If there is a doubt regarding the authenticity of a document, the Ministry of Foreign and European Affairs may request that the document be authenticated by the competent local authority and legalised by the embassy (or that the Apostille of The Hague be affixed to it).

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 sent within this time, the application has 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 3 months. During that time, the third-country national must:

  • either apply for an entry visa to the Schengen area, if he is subject to visa requirements;
  • or, if he is not subject to visa requirements, enter Luxembourg territory and make a declaration of arrival to the administration of the commune where he resides.

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

Passport and visa

If he is not subject to visa requirements, the third-country national may enter Luxembourg with his 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 card as a family member of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. The third-country national must nonetheless 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 a valid travel document (visa and passport, where applicable), as well as his temporary authorisation to stay.

He must make a declaration of arrival at the administration of the commune where he intends 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;
  • and where applicable a valid proof of address (i.e.: rental agreement, electricity bill, etc.).

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 a work and residence permit until the residence permit is issued.

Medical check

Before applying for the residence permit, the third-country worker 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;
  • 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

Third-country national must submit an application for a residence permit to the Ministry of Foreign and European Affairs within 3 months of arrival into Luxembourg.

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

  • a certified copy of the pages with content of their valid passport;
  • a copy of the temporary authorisation to stay;
  • a copy of the declaration of arrival established by the communal authority;
  • proof of suitable housing (rental agreement, property deed, etc.);
  • 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 can collect 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. It includes the work permit for the sports activity in question.

The residence permit includes information about its holder (surname, first name, 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".

Validity and renewal of the permit

The residence permit is valid from the date of declaration of arrival in the commune. It is renewable on request as long as the application conditions are met.

Please note: foreigners who intend to leave the Grand-Duchy of Luxembourg for more than 6 months must return their residence permit to the Minister of Foreign and European Affairs and make a declaration of departure at the administration of the commune where they resided.

Validity period of the residence permit

The residence permit for "athlete" is valid for maximum one year and is renewable provided the conditions for renewal are still met.

As an exception, a third-country athlete or instructor, who obtained the status of long-term resident in another EU Member State and who obtained a temporary authorisation to stay as an athlete or instructor in Luxembourg before entering Luxembourg territory, may apply, on plain paper, for a long-term residence permit valid for a period of 5 years and renewable on request.

Renewal of the permit

Third-country nationals must send their application for renewal of the residence permit to the Immigration Department of the Ministry of Foreign and European Affairs (ministère des Affaires étrangères et européennes) within the 2 months prior to the expiry date of the residence permit, together with:

  • a certified copy of the pages with content of their valid passport;
  • an employment contract with an approved federation or affiliated club, compliant with Luxembourg labour law and stating a salary of at least the social minimum wage for full-time work;
  • a certificate of affiliation with the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS), which must include all the salaried worker's affiliations in Luxembourg to date, and the income certificate issued by the CCSS;
  • a recent extract from the criminal record in Luxembourg;
  • 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').

After 5 years of lawful and uninterrupted stay on the territory of Luxembourg, third-country nationals may submit an application for a long-term residence permit.

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
Tél. : (+352) 247-84040 (from 14.00 to 16.00)
Fax : (+352) 22 16 08
E-mail immigration.public@mae.etat.lu

Heures d'ouverture
Monday to Friday from 08.30 - 12.00