Conditions of residence for third-country national trainees

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

A third-country national who wishes to come to Luxembourg for a mandatory unpaid traineeship in the framework of his studies 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:

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Who is concerned

A third-country national (i.e. from a country which is neither an EU Member State nor a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) who resides in a third-country and wishes to establish residence in Luxembourg in order to attend a mandatory traineeship for more than three months will need an authorisation to stay and then a residence permit.

The trainee must apply for an authorisation to stay. However, he may appoint a third party, such as the employer, to carry out the necessary procedures.

No prior authorisation is required for a third-country national who is a family member of a EU citizen (or of a citizen from a country treated as such) residing in Luxembourg.

Provisions relative to the authorisation to stay for unpaid trainees only apply in the event that the third-country national wishes to reside in Luxembourg for a duration of more than 3 months. If the third-country national stays for less than 3 months or if he resides in a different Member State in which he has an authorisation to stay for the duration of the traineeship, other procedures apply. These provisions are also only applicable for mandatory unpaid traineeships in the framework of the higher education studies of the person in question.

Prerequisites

Third-country nationals must, before entering the country:

How to proceed

Types of traineeships

It is necessary to distinguish between paid and unpaid traineeships:

  • the unpaid traineeship is a mandatory traineeship completed in a hosting establishment or business in Luxembourg in the context of an educational programme or training course provided by a secondary or higher education establishment.
    The hosting establishment or business in Luxembourg signs a traineeship contract or agreement with the trainee which cannot include a salary. However, the agreement may include material advantages such as free housing, a food allowance or pocket money;
  • the paid traineeship includes an employment/traineeship contract and a salary. It is therefore compared to a job
The intra-group training (within the same group of businesses) does not require a work permit. Where applicable, the intra-group trainee must submit an application for an authorisation to stay for private reasons. The Immigration Directorate will verify whether the application is for a traineeship. If the person is a transferred worker, he must submit an application for an authorisation to stay for transferred worker.

Unpaid traineeship of less than 3 months

A third-country national who wishes to attend an unpaid traineeship for less than 3 months does not need a residence permit for trainees, but he must fulfil the conditions governing a stay of less than 3 months.

Unpaid traineeship of more than 3 months

A third-country national who wishes to attend an unpaid traineeship of more than 3 months requires a authorisation to stay for trainees, before coming Luxembourg.

The conditions are the same for a third-country national who legally resides in another EU Member State and who wishes to reside in Luxembourg to complete an unpaid traineeship. However, a third-country national lawfully residing in another EU Member State and who wishes to complete an unpaid traineeship in Luxembourg without residing in Luxembourg, does not need any specific authorisation.

A third-country national with a residence permit for students who must complete an unpaid traineeship within the framework of his academic programme while his residence permit for students is still valid, does not need to apply for a new authorisation to stay for trainees. The residence permit for students entitles its holder to undergo an unpaid traineeship in Luxembourg.

Paid traineeship of less than 3 months

A third-country national who wishes to undergo a voluntary traineeship of less than 3 months must have a work permit.

Paid traineeship of more than 3 months

A third-country national who wishes to reside in Luxembourg in order to undergo a paid traineeship must apply for an authorisation to stay for salaried workers, before coming Luxembourg.

The conditions are the same for a third-country national who legally resides in another EU Member State and who wishes to reside in Luxembourg to undergo a voluntary traineeship. However, a third-country national lawfully residing in another EU Member State and who wishes to undergo a voluntary traineeship in Luxembourg without residing in Luxembourg, must apply for a work permit.

In order to be authorised to reside in Luxembourg as a trainee, third-country nationals must follow a procedure in 2 consecutive steps.

Step 1: before entering the country

Application for an authorisation to stay

The future third-country trainee 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 (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, 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;
  • proof that the traineeship is mandatory and forms part of the secondary or academic programme;
  • a copy of the traineeship agreement signed by the trainee and a business or hosting establishment in Luxembourg;
  • proof of sufficient resources to cover for the cost of living and return travel (minimum 80% of the guaranteed minimum income). The following may be used as proof:
    • the traineeship agreement/contract attesting that the necessary means of subsistence will be provided (in the event of a paid traineeship) or;

    • or a certificate of scholarship or student loan or;

    • or a bank certificate;

    • or a financial statement of support (formal obligation).

    Material benefits, namely free accommodation and pocket money are also taken into consideration in the evaluation of resources.

  • a parental authorisation if the trainee is under 18;
  • a health insurance certificate covering illness in Luxembourg.
  • where necessary, a proxy.
    Proxy: third-country nationals may mandate a third party 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 the Embassy (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 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 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 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.

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 (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 authorisation to stay are valid as an authorisation to do an internship and authorisation to stay until the residence permit is issued.

Medical check

The third-country national trainee must undergo a medical check for foreigners as soon as possible which consists of:

  • a medical examination by a doctor established in Luxembourg;
  • and 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

The third-country national trainee must submit an application for a residence permit to the Ministry of Foreign and European Affairs within 3 months of arrival in 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 authorisation to stay;
  • a copy of the declaration of arrival established by the communal authorities;
  • 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 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, 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". In the case of the "trainee" residence permit, the observation on the permit includes information on eligibility for work.

Validity period and renewal

A residence permit for trainees is valid for the duration of the traineeship, but may not exceed 1 year.

The residence permit is valid from the date of declaration of arrival at the commune.

In exceptional cases, the Ministry of Foreign and european Affairs may renew this permit once and exclusively for the period of time it takes to obtain a professional qualification recognised in Luxembourg, as long as the requirements are still met.

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

Loss, theft or damage to the residence permit

In case of loss, theft or deterioration of 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