Currently, approximately 5,8001 British nationals live in Luxembourg and it is the government’s intention to guarantee to them and their employers efficient and clear procedures on their right to reside and work in the country. These procedures are certainly important for British individuals but also for employers who aim to recruit or already employ British citizens.
Although the exact details and timing of the procedures will be specified by the Luxembourg authorities in the coming months, at this stage, the main immigration measures for British citizens have been outlined by the so called “Brexit Law” of 8 April 2019. The latter provides for two options depending on whether the United Kingdom ratifies the Withdrawal Agreement by 31 October 2019:
1. If the United Kingdom and the European Union reach a deal:
Until 31 December 2020, end of the transition period according to article 126 of the draft Brexit deal, British nationals2 will have the same rights to free movement and residence as other European citizens.
Before the end of the transition period, they will only have to issue a residence certificate that will differ from the one issued for other European Citizens, as it will attest their right to stay in Luxembourg by virtue of the Brexit Deal. The competent authorities should soon issue more information on the certificate issuance procedure and its timing.
This new certificate will grant British citizens access to the Luxembourg job market, public sector jobs, and the recognition of their academic and professional qualifications, however, it is important to point out, that it only grants a right to reside in Luxembourg.
Until the end of the transition period, the current European social security legislation (e.g. working in several Member States including Luxembourg and the United Kingdom) will remain applicable. After the transitional period, the Withdrawal Agreement should state the status quo for British citizens who moved to Luxembourg before the end/during the transition period. Consequently, British citizens will be covered by the Luxembourg social security system until the end of the transition period.
2. If the United Kingdom and the European Union do not reach a deal:
British nationals already living in Luxembourg will be allowed to stay in the country for one year after the withdrawal date but, at the least 3 months before the end of this transition period, must apply for a residence permit.
Therefore, in case of a no-deal Brexit, the immigration procedure, especially for newcomers, will become longer, much more challenging, and similar to the procedure that currently applies to non-European Union citizens.
In fact, non-European Union citizens who are employed in Luxembourg must apply for a temporary residence certificate (“Autorisation de séjour temporaire”) before arriving in the country. Then, within 3 months of their entry, they must apply to obtain a long term stay authorization from the Immigration Directory of Foreign Affairs (“Direction de l’Immigration du Ministère des Affaires étrangères”).
As it is very difficult to predict the post Brexit landscape, the measures provided in the Brexit Law will certainly have to be reviewed and amended upon the EU’s defining moment of 31 October 2019.
Please feel free to contact Luther in Luxembourg for Brexit employment immigration issues.
1
2 i.e. England, Scotland, Wales and Northern Ireland