Brexit: information folder

Following the finalisation of all necessary procedures to ratify the Withdrawal Agreement, the United Kingdom (UK) left the European Union (EU) on 31 January 2020 at midnight (Luxembourg time). Since 1 February 2020 a transition period is in place, which will last until 31 December 2020.

Until the end of the transition period, nothing will change for citizens and businesses, neither in the EU nor in the UK. The Withdrawal Agreement 1) safeguards the right to stay and continue their current activities for EU citizens in the UK, and UK citizens in EU countries; 2) guarantees the continuation of economic and trade exchanges as before. The UK will no longer be represented in EU institutions and bodies, but EU law will continue to be applicable to and in the UK until the end of the transition period.

The EU and the UK are now negotiating their future relations. This future framework, whose provisions are yet unknown, will apply to citizens and businesses after the transition period.

This website contains more detailed information on the rights of citizens after the UK’s withdrawal. 

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Citizens

The Withdrawal Agreement agreed between the European Union and the United Kingdom provides for British nationals and their family members to keep their right of residence in another EU Member state when the United Kingdom leaves the EU.

The Agreement provides for a transition period until 31 December 2020 during which the rules on the free movement of persons will continue to apply to British nationals and their family members. 

 

People covered by the Withdrawal Agreement

In Luxembourg, the following people fall within the scope of the Withdrawal Agreement:

  • British nationals and their family members (irrespective of the latter’s nationality) residing in Luxembourg at the time of the United Kingdom’s withdrawal;
  • British nationals and their family members arriving in Luxembourg after the United Kingdom’s withdrawal and before the end of the transition period;
  • British nationals and their family members who acquired a right to reside or a permanent right to reside in Luxembourg and who are temporarily absent at the end of the transition period.
  • Family members of a British national covered by one of the two points above and arriving in Luxembourg after the transition period but only:
    • If they were directly related to a British national before the end of the transition period; or
    • In case of a child born after the transition period.

In the context of the Withdrawal Agreement, the following people are considered family members:

  • the applicant's spouse (husband/wife);
  • the registered partner;
  • the direct descendant (child) of the Union citizen or his/her spouse/partner if the child is under the age of 21 or dependent;
  • the direct ascendant (parent) dependent on the Union citizen or his/her spouse/partner.

May be eligible (if approved by the Minister), any other family member not mentioned above meeting one of the following conditions:

  • they have been dependent or part of the household of the Union citizen having the primary right of residence in the country of origin;
  • the Union citizen must imperatively and personally take care of the family member concerned for serious health reasons;
  • the partner with whom the Union citizen has a durable relationship, duly attested.

The durability of the relationship between partners is examined in terms of the intensity, seniority and stability of the relationship. Proof of sustainability can be provided by any means. It is proven that if the partners:

  1. have cohabited legally and continuously for at least one year prior to the request;
  2. have a common child for whom they jointly assume parental responsibilities.

Both partners are not to be engaged in a marriage, a registered partnership or a long-term relationship with another person.

Luxembourg nationals living in the United Kingdom should contact the relevant UK authorities and consult the website of the Embassy of the Grand Duchy of Luxembourg to get information regarding procedures and conditions to fulfill to get a residence/work permit in the United Kingdom after Brexit.

Right of residence and other rights  

British nationals as well as their family members who fall within the scope of the Withdrawal Agreement have the same rights as EU citizens and their family members and keep these rights even after the end of the transition period provided for in the Withdrawal Agreement. 

Right of residence and right of permanent residence

The right of residence is subject to the same conditions British nationals enjoyed while being Union citizens. Thus, the withdrawal of the right of residence is possible if a person becomes an unreasonable burden on the social assistance system, in the event of abuse of the rights or fraud, or for reasons of public policy or public security.

The right of permanent residence is available after five years of living in Luxembourg. It can only be withdrawn for reasons of public safety.

It should be noted that after the transition period the right of residence is only valid in the country of residence, in this case Luxembourg.

Those covered by the Withdrawal Agreement will need to apply for a specific residence document, which certifies their status as beneficiaries of the Withdrawal Agreement. This document is different from the document issued to Union citizens.

The documents issued to British nationals and their family members already residing in Luxembourg at the time of the United Kingdom’s withdrawal are replaced by this new document. This also applies to documents issued to British nationals and their family members arriving during the transition period. These new residence documents will be valid from the end of the transition period. Further details regarding the procedure are available  on the website: 

https://guichet.public.lu/en/citoyens/immigration/plus-3-mois/ressortissant-britannique/document-sejour-ressortissant-britannique-membre-famille.html

 

Please note that the following people do not have to replace their residence document:

  • British nationals who hold a second nationality (British nationality and the nationality of another Member state of the European Union or one of the other states of the Agreement on the European Economic Area – Norway, Iceland, Liechtenstein – or the Swiss Confederation). These people may exercise the rights arising from their second nationality and are not required to apply for a new residence document. They may however choose to apply for a new document if they want to.
  • The family member of a British national who holds a nationality of a Member State of the European Union or one of the other states of the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein) or the Swiss Confederation can claim the rights deriving from his/her nationality and is not required to apply for a new residence document. He/she may however choose to apply for a new document if he/she wants to.
  • British nationals who are holders of a diplomatic card, a legitimation card or another residence document issued on the basis of the law of 7 August 2012 on the identity card for resident members of the diplomatic and consular corps and agents of the European Union and international organizations having their headquarters in Luxembourg. These people keep their status after Brexit as long as they fulfil the conditions for obtaining such a document and do not need to apply for a new residence document. However, they may be issued with a new residence document if they no longer hold their residence document issued on the basis of the law of 7 August 2012 on the identity card for resident members of the diplomatic and consular corps and agents of the European Union and international organizations having their headquarters in Luxembourg, but meet the conditions for a right of residence on the basis of the Withdrawal Agreement.

Social security rights

The social security situation of people moving within the European Union is regulated by European regulations which make it possible to coordinate the social security legislation of the Member States in order to avoid the loss of social security rights in the event of movement from one country to another. The Withdrawal Agreement provides that these European regulations regarding social security coordination remain fully applicable during the transition period. Hence, nothing changes with regards to social security until 31 December 2020.

After this transition period, European legislation is in principle no longer applicable. However, the Withdrawal Agreement provides that European regulations on social security coordination will remain applicable to certain categories of persons, even after the transition period. These regulations will therefore continue to protect the rights of persons who exercised their right to free movement before the end of the transition period. This includes British citizens residing in Luxembourg by the end of the transition period. Further information on these situations will be published at a later date.

Other rights

British nationals and their family members covered by the draft Withdrawal Agreement will keep the same rights as EU citizens in Luxembourg in the following areas:

  • Access to the Luxembourg job market, including public sector jobs;
  • Recognition of academic (register of qualifications) and professional qualifications (recognition for access to a regulated profession);
  • Financial aid/support for higher education.

Contact

For questions on the right of residence:

Directorate of immigration: Contact

For questions on social security:

Ministry of Social Security: Contact

For questions on the recognition of qualifications and financial support for higher education:

Ministry of Higher Education and Research: Contact

For questions related to the access to careers in the public service:

Ministry of the Civil Service: Contact

Useful links: 

Q&A regarding the right of residence on guichet.lu

 

Businesses - British workforce

Access to the labour market for British nationals residing in Luxembourg

The Withdrawal Agreement agreed between the European Union and the United Kingdom provides that British nationals and their family members, who fall within the scope of the Withdrawal Agreement, will have the same rights as Union citizens with respect to access to the labour market.

British nationals and their family members who reside in Luxembourg and are in paid employment in Luxembourg at the time of the United Kingdom’s withdrawal may therefore continue to work after the United Kingdom’s withdrawal. They do not need a specific authorisation and do not need to take steps to be able to continue working.

British nationals and their family members, who reside in Luxembourg at the time of the United Kingdom’s withdrawal also have the right to begin a salaried activity after the United Kingdom’s withdrawal without having to apply for a specific authorisation. The residence document of the persons concerned will remain valid until it is replaced by a new residence document, which will certify their status as beneficiary of the Withdrawal Agreement.

British nationals, and their family members, who arrive in Luxembourg after the United Kingdom’s withdrawal and before the end of the transition period (31 December 2020) can also freely access the labour market.

Persons who are family members of a British national residing in Luxembourg before the end of the transition period and who arrive in Luxembourg after the end of the transition period (from 1 January 2021) are also beneficiaries of the Withdrawal Agreement but only if they were directly related to a British national before the end of the transition period. They are therefore entitled to free access to the labour market. Upon arrival, they will receive a residence document, which will certify their status as beneficiary of the Withdrawal Agreement.

British nationals arriving after the transition period, who are not fulfilling the abovementioned conditions, do not enjoy the right of free access to the labour market. These persons will be subject to the rules governing access to the labour market for third country nationals. They must therefore apply for a residence permit for one of the categories provided for by the law of 29 August 2008 on the free movement of persons and immigration (as amended), which allows them to exercise a salaried activity. 

Access to the labour market for British nationals who are 'frontier workers' (cross-border workers)

A ‘frontier worker’ is any worker who is employed on the territory of the Grand Duchy of Luxembourg and resides in the territory of another State, to which he in principle returns every day or at least once a week.

British nationals residing either in another EU Member State or in the United Kingdom and working in Luxembourg are authorised to engage in paid employment in Luxembourg, if the salaried activity begins before the end of the transition period. The frontier workers concerned may request a document attesting their right to exercise their salaried activity in Luxembourg after the end of the transition period.  Further details will follow in due course.

British nationals who reside either in another EU Member State or in the United Kingdom and who wish to start work in Luxembourg after the transition period will be subject to the rules governing access to the labour market for third country nationals. They must therefore have a work permit to work in Luxembourg and must wait for the work permit to be issued before they can start work.

British trainees

British nationals wishing to do an internship in Luxembourg after the United Kingdom’s withdrawal may do so without having to obtain a specific authorisation. They are subject to the general rules on the right of residence for British nationals as provided for in the Withdrawal Agreement. These conditions are similar to those applicable to citizens of the Union, both for a stay of less than three months and for a stay of more than three months. This applies in principle to all British nationals staying in Luxembourg at the time of the United Kingdom’s withdrawal from the EU, and to British nationals arriving during the transition period provided for in the Withdrawal Agreement (i.e. before 31 December 2020).

British nationals who have started an internship before the United Kingdom’s withdrawal can continue their internship after the United Kingdom’s withdrawal. They do not need a specific authorisation and do not need to take any particular steps.

British nationals arriving after the transition period who are not beneficiaries of the Withdrawal Agreement are considered third country nationals. They must therefore have a residence permit for one of the categories provided for by the law of 29 August 2008 on the free movement of persons and immigration (as amended), which enables them to do an internship in Luxembourg. This also applies to British nationals enjoying a right of residence under the Withdrawal Agreement in another Member State, as the right of residence as provided for by the Withdrawal Agreement is valid only in the country of residence.

The explanations given in the three previous paragraphs also apply to third country nationals who are family members of British nationals.

Posting of workers

A ‘posted worker’ according to article L.141-1 paragraph (3) of the Labour Code, is any employee normally working abroad and carrying out his work on the territory of the Grand Duchy of Luxembourg, for a preset period for the execution of the service provision for which the contract of service provision was concluded.

Any employee posted to the territory of the Grand Duchy of Luxembourg, regardless of his nationality, must be declared as soon as work begins on Luxembourg territory by his employer whose headquarters are established outside the territory of the Grand Duchy of Luxembourg, according to the Article L.141-1 of the Labour Code.

As part of its inspections, the Inspectorate of Labour and Mines (Inspection du Travail et des Mines - ITM)  checks whether the posted worker has, where applicable, a residence permit in accordance with article L.142-3 point 10 of the Labour Code.

The withdrawal of the United Kingdom from the European Union will have an impact on the right of British companies to post worker in Luxembourg as well as on the residency document that must be available to posted workers.

Contact

For questions on the right of residence:

Directorate of immigration: Contact

For questions on the posting of workers: 

Ministry of Labour, Employment and the Social and Solidarity Economy, Inspectorate of Labour and Mines : Contact and website

For questions on the notification of a service provision/establishment permit:

Ministry of Economy, Establishment Permits Department: Contact

For questions about the processing and protection of personal data:

National Data Protection Commission: Contact

Useful link:  

You will find further information in Q&A format on guichet.lu

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