Post-Transition Period Plans for UK Nationals Residing in Luxembourg Published

At a Glance

The Luxembourg government has published information about the process UK nationals resident in Luxembourg before the end of December 2020 must follow to preserve their residence and work rights in Luxembourg after the Brexit transition period ends on December 31, 2020. Central details of the plan include:

UK nationals and third-country national dependents will need to submit a simplified residence permit application. Upon approval, they will be invited to submit their biometrics and will receive a new residence permit.
UK nationals residing in Luxembourg for five years or longer on December 31, 2020 would be able to apply for a permanent residence permit, if eligible. Eligibility criteria would be the same as for other EU applicants (five-year residency requirement).
UK nationals residing in Luxembourg for a period shorter than five years would be required to apply for a local residence permit type, if eligible (a new permit type will be created).

The situation

A closer look

The published plans include the following details:

Category	Details
Application process	Applicants will see a simplified residence permit application. Upon approval, applicants will be invited to schedule a biometrics appointment online. Personal appearance will be required.
Residents for over five years	UK nationals residing in Luxembourg for five years or longer as of December 31, 2020 would be able to apply for a permanent residence permit (separate type of permit).
Residence for under five years	UK nationals residing in Luxembourg for a period shorter than five years as of December 31, 2020 would be able to apply for a special national permit type, valid for as long as their previous permit (5-10 years). After this period, permit holders would need to renew the special national permit according to standards that will be set by the government.
Non-EU family members	Non-EU family members of UK nationals holding a corresponding residence permit would similarly be able to apply for a national residence permit.
Cross-border workers	The proposal does not include any specific arrangements for cross-border workers.

Impact

UK nationals already residing in Luxembourg who will continue to work and reside in Luxembourg past December 31, 2020 should ensure that they take the necessary steps to prepare an application for this new residence permit. UK national residents and their eligible family members can apply until June 30, 2021.

Background

Under the EU-wide transition period, UK nationals and their family members arriving in Luxembourg until December 31, 2020 can continue to register as EU nationals.

Some EU countries have published immigration proposals for UK nationals and their families to take effect after the Brexit transition period, with more expected soon.

Looking ahead

Further details of the government plans have yet to be announced; all plans must receive final approval from the Luxembourg parliament. Fragomen will provide updates on the situation as they become available.

Please contact a Fragomen immigration professional for assistance in planning contingency arrangements in a single project.

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This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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