EU Students and Researchers Directive Implemented

The situation

Qualified students, trainees and researchers in Luxembourg should benefit from enhanced access to the labor market and facilitated intra-EU mobility rights due to Luxembourg's implementation of the EU Students and Researchers Directive.

Background

The EU Students and Researchers Directive aims to attract and retain talented foreign nationals by simplifying and standardizing immigration requirements in the European Union for students, researchers and trainees. The Directive seeks to harmonize national residence or stay provisions for foreign talent, enhance labor market access and improve mobility within the European Union once a permit is obtained.

A closer look

Foreign talent in the categories of student, trainee and researcher may qualify for more favorable immigration schemes in Luxembourg. The most relevant aspects of the implementation are:

• Students. Foreign students registered in Luxembourg will have increased access to the labor market. Students are allowed to work but must limit their work to 15 hours per week during the school year.
  • Validity. Student permits from a qualifying program will be valid either for two years or for the duration of their studies if they are shorter than two years.
  • Improved mobility. Students enrolled in a qualifying program may study in Luxembourg for up to 360 days as part of their studies by notifying the authorities of the sending Member State and the Ministry of Foreign affairs in Luxembourg of their intention to study in Luxembourg. The student will be issued a document confirming that they are authorized to study in Luxembourg.
  • Job search. Students qualify for a nine month “job search” or “business creation” permit (non-renewable) after completing their studies, allowing them to look for employment or open their business in Luxembourg.  

 

• Trainees. Under the new law, foreign nationals can more easily qualify for an internship permit. Under the Directive, applicants must demonstrate that the internship has an education purpose, an easier standard to meet than under previous national law.
  • Validity. The permit will be issued for either a maximum of six months or a duration equal to the internship if the internship is shorter than six months.
  • Eligibility. Trainees must be foreign students in Luxembourg or non-EU nationals who have graduated in the past two years. 

 

• Researchers. Foreign researchers will have greater access to the Luxembourg labor market.
  • Validity. Qualifying foreign nationals can obtain a permit for either a maximum of two years or a duration equal to the research contract if shorter than two years.
  • Improved labor market access. Eligible foreign nationals may now conduct research in Luxembourg for up to 180 days in a 360-day period without the need for a local permit by notifying the authorities of the sending Member state and the Ministry of Foreign Affairs in Luxembourg of their intention to conduct research in Luxembourg. The researcher will receive a document confirming that they are authorized to conduct research in Luxembourg.
  • Job search. Researchers qualify for a nine month “job search” permit or a “business creation” permit (non-renewable) after completing their research which allows them to look for employment or open a business in Luxembourg.
  • Family members. Family members holding a valid residence permit in another EU Member State may accompany or join the researcher in Luxembourg. A “family member” permit will be issued for the duration of the principal foreign national’s stay in Luxembourg, although the family member will not be work authorized.

Impact for employers

Recruitment of foreign students, interns and researchers should be facilitated in Luxembourg.

Across all categories, full benefits of the Directive (particularly EU mobility provisions) will be delayed until more EU countries have implemented the Directive.

Looking ahead

Fragomen expects more EU countries to take action during 2018 and 2019 now that the implementation deadline for the Directive (end of May 2018) has passed.

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].