Assessing Travel and Visa Obligations

Whether you can travel lawfully as a business visitor or require work authorization depends on the types of activities you will be conducting during your time in Luxembourg. In case you are unsure if your activities constitute business or work, please seek advice from your immigration counsel.

Traveling for Business

What sorts of activities can I pursue as a business visitor?

Business visitors traveling to Luxembourg may engage in the activities below. This list is not comprehensive and other activities may qualify as business.

• Attend business meetings or general company meetings
• Speaking at a conference
• Participation in exhibitions, fairs, shows
• Develop professional business contacts
• Negotiate or conclude contracts

If I qualify as a business visitor, do I need a visa for Luxembourg?

European Union, US and many other select nationals do not require a visa to enter Luxembourg to conduct business activities and are eligible for a visa waiver. Luxembourg is a member of the Schengen Area, a free-travel zone comprised of 26 European countries. If your nationality is not found on the list of visa-waivered nationals for the Schengen Area, you must obtain a Schengen C Visa prior to travel. Both visa-waivered nationals and those who require a visa are authorized to travel to Luxembourg and throughout the Schengen area. However, travelers cannot spend more than 90 days within any 180-day period in the entire Schengen Area.

Working in Luxembourg

What sorts of activities require a work permit?

The activities below, whether paid or unpaid, generally constitute work under Luxembourgian law. This list is not comprehensive and many other professional activities are considered work in Luxembourg, even if conducted for a short duration.

• Hands-on technical work
• Repairs and maintenance
• Project planning and implementation
• Marketing
• Consulting

In some cases, you may be eligible for a work-permit exemption to conduct certain technical and service-related activities for a limited time; however, a legal assessment is recommended prior to travel.

If I am traveling to Luxembourg for work, what type of work permit do I need?

The type of work permit required depends on your qualifications, whether your employer has an entity in Luxembourg or in the EU/EEA, and the nature and duration of your work. The Luxembourgian work permits are:

• Work and Residence Permit & Temporary Authorization to Stay – Salaried Worker (direct hire work permit)
• Work and Residence Permit & Temporary Authorization to Stay – Transferred Worker (intra-company transfer work permit)
• Work and Residence Permit & Temporary Authorization to Stay – Posted Worker (temporary assignment work permit)
• Work and Residence Permit & Temporary Authorization to Stay – EU Blue Card (direct hire work permit for highly-skilled employees)

Are there any nationals who are exempt from work permit requirements?

Nationals from the EU and European Economic Area do not require a work permit to work in Luxembourg. Registrations or other formalities may be required before these nationals can work or reside in Luxembourg.

What else should I know?

Inevitably, the legal and strategic considerations impacting visa selection or work authorization entail careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2016 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.