Hiring a seasonal worker from a non-EU country

This page was last modified on 03-05-2017

Employers who wish to hire a third-country national for a period of more than 3 months in order to carry out seasonal work must make a declaration of vacant position.

Employers, who have been given a mandate by the third-country national, can apply for the temporary authorisation to stay on their behalf.

Forms / Online services

Carry out your procedure:

Who is concerned

Each employer who intends to hire a third-country national for seasonal work is concerned.

Prerequisites

Hiring a third-country national as a seasonal worker is only possible if the activity is related to seasonal work.

The following activities are considered to be seasonal work:

  • harvesting (incl. grape harvesting, etc.);
  • packaging of harvested products;
  • leisure and holiday instructor and coordinator;
  • holiday tour guide and tourist guide;
  • surveillance and maintenance of beaches, outdoor swimming pools and camp sites;
  • positions held in retail stores, hotels and restaurants which are only open during a certain period of the year or which have a regular and foreseeable seasonal-related increase in activity during the year;
  • positions held in companies involved in aviation and the transportation of people that have a regular and foreseeable seasonal-related increase in activity during the year.

Moreover, and before coming to Luxembourg, the third-country national must first:

  • have a valid passport. 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;
  • check whether or not they have to obtain a visa to enter the Schengen area;
  • be in possession of the original certificate from ADEM granting the employer the right to hire a third-country national.

How to proceed

Declaration of vacant position

Before they can hire a salaried worker, employers must first make a declaration of vacant position to ADEM. The declaration will allow the employment administration to check whether there is a suitable candidate available on the local or EU job market.

If the job offer cannot be filled with a person registered with the ADEM within a 3-week deadline, the employer is allowed to conclude an employment contract with a person of his choice, under certain conditions, including a third-country national.

To this end, the employer must submit an application on plain paper to the ADEM's director and request a certificate granting him the right to hire a third-country national.

The employer must then sign a dated employment contract with the future seasonal worker. It may be stated in the contract that the start date is "the date on which the worker obtains the temporary authorisation to stay for seasonal workers".

The employer must hand over the original certificate to the seasonal worker, who must attach it to his application for the authorisation to stay. However, the employers may directly forward the certificate to the Immigration Directorate if they have been given a mandate by the third-country national to submit the application for a temporary authorisation to stay on their behalf.

Employers hiring seasonal workers from third countries have to:

  • request to see the seasonal worker's authorisation to stay before beginning the working relationship;
  • request a copy of the seasonal worker's authorisation to stay 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.

Application for a temporary authorisation to stay on behalf of the worker

Employers, who have been given a mandate by the third-country national, can submit a written application (on plain paper) for the seasonal worker's temporary authorisation to stay on their behalf.

Mandate: third-country nationals can authorise a third party (e.g. the future employer) to submit the application in their place. In this case, the authorised representative, 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" or "power of attorney approved").

The application has to be submitted to:

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.

Supporting documents to be submitted with the application

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;
  • an extract from the criminal record or an affidavit (sworn statement) established in the country of residence;
  • a certified copy of the applicant's diplomas or professional qualifications;
  • a copy of the seasonal employment contract (compliant with Luxembourg law), dated and signed by both the applicant and the future employer in Luxembourg;
  • the original certificate from the National Employment Agency (ADEM) granting the employer the right to hire a third-country national;
  • proof of suitable housing for the third-country national or that suitable housing will be provided. This proof is not necessary if the third-country national already obtained an authorisation to come to Luxembourg as a seasonal worker at least once during the previous 5 years;
  • a certificate of affiliation with the social security in the country of origin / Luxembourg, or the proof that an application for affiliation has been submitted;
  • the mandate.

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 a Hague apostille).

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

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

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.

If an approval is granted, the employer must notify the beginning of the working relationship to the Immigration Directorate in writing (post, email or fax) and specifically state:

  • the identity of the worker and their national identification number (13-digit social security number);
  • the start date of employment;
  • the identity of the effective employer.

Administrative formalities for the third country national

The third-country national has to undertake several administrative formalities after receiving the temporary authorisation to stay:

  • where applicable, the third-country national must submit a type D visa application before coming to Luxembourg;
  • make a declaration of arrival in the commune of residence;
  • undergo a medical check;
  • apply for a residence permit

Employers are required to supply the Immigration Directorate with all information required to issue the residence permit for seasonal workers as well as all changes of address of the seasonal worker.

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

Period of validity of the residence permit

The maximum validity period for a residence permit for seasonal workers is 5 months over a total period of 12 months.

The validity period starts running from the date of the declaration of arrival submitted to the commune.

Renewal procedure

In order to renew a residence permit, third country nationals must apply to the Immigration Directorate of the Ministry of Foreign and European Affairs (Ministère des Affaires Étrangères et Européennes) within 2 months prior to the expiry date of the residence permit.

The residence permit can be renewed several times if the seasonal worker renews the employment contract with the same employer. If the seasonal worker changes employer, the residence permit can only be renewed once.

Third-country nationals who have submitted an application for renewal but whose residence permit expires while they wait for the decision, are authorised to continue their stay in Luxembourg:

  • until the Minister for Immigration has taken a decision;
  • provided the maximum period of 5 months over a total period of 12 months has not yet been exceeded.

Withdrawal of the temporary authorisation to stay or of the residence permit

The temporary authorisation to stay and the residence permit issued to the third-country national may be withdrawn if the employer:

  • has been sanctioned for illegal work or employment of third-country nationals illegally staying in Luxembourg;
  • is bankrupt or undergoes compulsory liquidation, or if no economic activity is carried out;
  • has failed to meet the legal requirements in matters of social security, tax, labour law or working conditions;
  • has not met the obligations required by labour law;
  • has eliminated a full-time position in the 12 months immediately prior to the application in order to create a position for a seasonal worker.

If the withdrawal is due to one of these reasons, the employer is required to pay a compensation to the seasonal worker.

The compensation amounts to the salaries due for the period stated in the employment contract which should have entered into force if there had not been a withdrawal of the temporary authorisation to stay or the residence permit.

Who to contact

Ministry of Foreign and European Affairs
26, route d'Arlon
L-1140 - Luxembourg
Postal box B.P. 752 L-2017
Luxembourg
Phone: (+352) 247-84040 (from 14.00 to 16.00)
Fax: (+352) 22 16 08
Email immigration.public@mae.etat.lu

Opening hours
Monday to Friday from 08.30 - 12.00