Bulgarian and Romanian citizens benefit from free movement within the European Union (EU) as regards their right of residence.
They may therefore reside freely in Luxembourg as EU nationals.
However, they must obtain a work permit issued by the Immigration Directorate (Direction de l'Immigration) during their 1st year of paid employment in Luxembourg.
Carry out your procedure:
By downloading a formAutorisation de travail du citoyen bulgare et roumain - note explicativeProcuration (convention de mandat)Autorisation de travail d'un citoyen bulgare ou roumain - renouvellement
It concerns Bulgarian and Romanian citizens who wish to carry out an activity in Luxembourg as salaried workers.
Any Bulgarian or Romanian citizens who have been working in Luxembourg for a year no longer need a work permit.
- students in full-time education in Luxembourg may undertake paid work as a secondary activity;
- family members of an EU citizen who does not require a work permit himself. The Bulgarian or Romanian family members of a citizen, himself Bulgarian or Romanian national, are therefore exempt from having to obtain a work permit as soon as the citizen they are accompanying no longer requires one himself;
- trainees undertaking a regulated, unpaid internship;
- highly qualified workers;
- self-employed workers.
A work permit is granted to Bulgarian and Romanian citizens working in specific sectors, following a minimal and simplified procedure. This simplified procedure entails that after declaring a vacant job position, employers do not have to request a certificate from the National Employment Administration (Agence pour le développement pour l'emploi - ADEM).
The sectors concerned are:
- agriculture, viticulture and the Horeca sector;
- the financial sector for persons with specific qualifications for which there is a lack of manpower on the job market.
Firstly, Bulgarian or Romanian citizens must fulfil the entry and residence conditions applicable to all EU citizens:
- for a stay of less than 90 days (without working), they merely need to have a valid travel document;
for a stay exceeding 90 days, they must:
- hold a valid travel document and;
- make a declaration of arrival in their new commune of residence;
- request a registration certificate from their commune of residence.
Bulgarian or Romanian citizens wishing to work in Luxembourg must apply for a work permit, which must be presented when they fill in their registration form at the offices of the communal authority. Hence, the work permit must be issued before the Bulgarian or Romanian citizen can register at the commune.
Before hiring a Bulgarian or Romanian citizen, employers must make a declaration of vacant position to the ADEM.
Depending on the sector concerned, employers must provide the Bulgarian or Romanian citizen with:
- proof that a declaration of vacant position was made for the sectors for which the simplified procedure is applicable, or;
- the original of the certificate from the ADEM attesting that the employer has the right to hire the person of his choice, for all other sectors.
In order to receive this certificate, employers must fill in the annex to the form 'declaration of a vacant position' (formulaire d’indication d’intention et d’information de l’ADEM en vue d’une demande ultérieure d’un certificat) when making the initial declaration.
The ADEM then has a three-week deadline to put forward a suitable candidate on the local job market.
Once the three-week deadline has passed, the employer may apply to the Foreign workforce department (service de main d'oeuvre étrangère) for a certificate giving them the authority to recruit a non-EU national.
The certificate is drawn up within five working days of the date the employer makes the application.
The employer must give the original of the certificate of the ADEM to the Bulgarian or Romanian citizen, so they can attach it to the work permit application.
Work permit application
Bulgarian or Romanian citizens must apply for a work permit before starting work in Luxembourg and during the 1st year of work.
Applicants must send their work permit applications on paper to the Immigration Directorate of the Ministry of Foreign Affairs (Direction de l'Immigration du ministère des Affaires étrangères) and state their identity (surname, first names and address).
The application must be accompanied by the following documents:
- a copy of their valid national identity card or passport;
- a curriculum vitae;
- a copy of their diplomas or professional qualifications. If the document is issued by the authorities of a country which is not an EU Member State, the copy must be a certified true copy;
- an employment contract compliant with Luxembourg labour law, dated and signed by both the applicant and the employer;
- an application letter;
- a copy of the certificate or, where applicable, proof that a declaration of vacant position was made (to be requested from the future employer);
- where applicable, a proxy.
Bulgarian or Romanian citizens may give a power of attorney to a third person (e.g. the future employer) authorising them 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 sender.
The work permit will be sent by post to the address given by the applicant.
The time required for a response from the Ministry of Foreign Affairs is generally a maximum of 3 months.
If there is a doubt regarding the authenticity of a document, the Ministry of Foreign 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).
Bulgarian or Romanian citizens need a work permit only if they enter the job market and only during the first year.
Thus, if the expired work permit had a total validity of less than one year, the application for renewal of the work permit must be submitted to the Immigration Directorate of the ministry of Foreign Affairs:
- at the latest within a period of 2 months before expiration of the initial work permit;
- a copy of the complete valid passport or national identity card;
- a copy of the valid work contract compliant with Luxembourg labour law, duly dated and signed;
- a social security registration certificate listing all affiliations of the applicant.
Family member of a Bulgarian or Romanian citizen
The familiy member, himself an EU citizen (except for Bulgarian or Romanian citizens), is not subject to any residence or work permit.
The family member, himself a Bulgarian or Romanian citizen or non-EU national, is subject to the same conditions as the citizen he/she is joining. Thus, from the moment the Bulgarian or Romanian citizen is not subject to a work permit anymore, the family member is also exempt from the work permit obligation.
A Russian family member joins his/her Bulgarian spouse, who is already established in Luxembourg and has been working here for over a year: since the Bulgarian citizen is not subject to a work permit anymore, the Russian spouse may access the Luxembourg job market without any specific authorisation.
A Romanian family member joins his/her Romanian partner who is already established in Luxembourg and has been working here for 7 months: since the Romanian citizen is still subject to a work permit for 5 months, his/her partner will also be subject to a work permit for 5 months.
L – 2163 - Luxembourg
Postal box: B.P. 752
Fax: (+352) 22 16 08
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