Arendt | New rules for highly qualified third-country workers

After bill of law 8304 was exempted from the second constitutional vote, the law of 4 June 2024 amending the amended law of 29 August 2008 on the free movement of persons and immigration (the Law) was published in the Luxembourg Official Journal Mémorial A 261 on 27 June 2024. The Law concerns highly qualified third-country nationals (i.e. from outside the EU) who wish to live and work in Luxembourg under an “EU Blue Card”.

The Law implements Directive (EU) 2021/1883 [1] on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment. In so doing, it introduces significant changes aimed at simplifying and improving the work and residence conditions of these workers.

The key new features of Luxembourg law are as follows:

Easier movement within the European Union:

Long-term mobility: highly qualified workers holding an EU Blue Card are now able to move to a different Member State for highly qualified employment after 12 months of legal residence in the first Member State which issued the EU Blue Card (reduced from 18 months previously). They can start work immediately after submitting a complete application in the new Member State, whereas they previously had to wait until the Minister responsible for immigration granted permission to remain.  After six months, they may move to a third Member State in order to carry out highly qualified employment.If their application to live and work in another Member State is rejected, the highly qualified worker will be readmitted without further formalities to the Member State which previously issued their EU Blue Card.
Short-term mobility: EU Blue Card holders will now be able to reside in another Member State for a period of 90 days in any 180-day period for the purpose of carrying out a business activity. A business activity is a temporary activity directly related to the business interests of the employer and to the professional duties of the highly qualified worker, such as business trips to Luxembourg for internal or external meetings, attending conferences or seminars, contract negotiations, sales and marketing activities or training.  The residence permit entitles the holder to a visa if required.The provisions relating to short-term mobility also apply to former holders of an EU Blue Card who now hold a long-term residence permit issued by another Member State.

Amendments to the conditions for obtaining an EU Blue Card: the Law has revised the cumulative requirements that must be satisfied to obtain an EU Blue Card:

Duration of employment contract: the minimum duration of the employment contract is reduced from one year to six months.
Skills required: the Law introduces a distinction depending on the occupation for which the highly qualified worker is hired.  They must now either hold the required higher professional qualifications to carry out a non-regulated occupation or satisfy the required conditions for exercising a regulated occupation, as specified in the employment contract.
Remuneration: the Law does not change the amount of remuneration which a third-country national must receive, as this is set by Grand Ducal regulation.  A new Grand Ducal regulation on this topic was published recently (for the updated amount, please see our Newsflash of 4 July 2024).Duration of residence permit: the standard duration of a residence permit remains four years, contrary to the two-year minimum imposed by the Directive.  If the employment contract is for less than four years, the residence permit is valid for the duration of the employment contract plus three months.  EU Blue Card holders may remain in Luxembourg during their residence permit renewal process.

Thresholds lowered: the Law has reduced several thresholds with a view to attracting greater numbers of highly qualified workers:

Change of employer: EU Blue Card holders wishing to change employer during their first 12 months (previously 24 months) of legal employment in Luxembourg must notify the Minister responsible for immigration, who will have 30 days to object to the change if appropriate.
Labour market access and equal treatment: after 12 months (previously 24 months), EU Blue Card holders benefit from equal treatment with Luxembourg nationals as regards access to highly qualified employment, subject to exceptions.

Extension of permitted periods of unemployment: EU Blue Card holders may seek and take up employment if they are unemployed, subject to compliance with certain conditions.  They must keep the relevant Minister informed and they are entitled to a job-seeking period of three months or six months, depending on the duration of their residence permit.

Facilitating family reunification: an EU Blue Card holder’s family may now join them more rapidly. In the case of long-term mobility, family members may accompany the holder immediately, provided that the necessary conditions are satisfied and their applications are all submitted at the same time.

Consolidation of rights: two new rights for EU Blue Card holders have been expressly included in the Law:

Self-employment: the Law now expressly provides that an EU Blue Card holder may exercise a subsidiary self-employed activity in parallel with their main employment activity (which is the purpose of their residence permit).
Training and recognition of qualifications: EU Blue Card holders are entitled to education and vocational training and also to recognition of their diplomas, certificates and other professional qualifications, within certain limits.

Compliments of Arendt – a member of the EACCNY.