Luxembourg: New EU Blue Card Rules In Effect
July 2, 2024
Country / Territory
Share
At a Glance
Effective July 1, 2024, Luxembourg has introduced more relaxed EU Blue Card rules. Key changes include, among others:
- relaxed professional experience eligibility pathways;
- new change-of-employer and change-of-sector rules;
- reduced mandatory employment contract durations and minimum salary levels; and
- new short-term and long-term mobility rights.
These reforms are part of Luxembourg adhering to the requirements of the 2021 EU Blue Card Directive.
The situation
Effective July 1, 2024, Luxembourg has introduced more relaxed EU Blue Card rules.
A closer look
| CHANGE | IMPACT |
|
New professional experience pathway for information technology specialists or managers. In addition to the previous eligibility pathways, applicants are now eligible for an EU Blue Card if they have at least three years of experience (in the last seven years) in either managerial or specialist roles in information and communication technology, even if they lack any academic qualifications. Applicants with adequate academic qualifications, or five years of professional experience in a relevant field, remain eligible. |
Employers can now hire highly skilled talent from a wider pool of applicants, especially in the information and communication technology sector. This is particularly pertinent given current labor shortages in Luxembourg. |
|
Relaxed short-term mobility pathways. Holders of an EU Blue Card from another EU Member State can now work in Luxembourg for up to 90 days (in any rolling 180-day period) without requiring any additional work or residence permit. This right extends to former EU Blue Card holders who hold a long-term residence permit. Previously, no such right existed. |
This change increases the ability of employers to flexibly move talent to Luxembourg for short-term work purposes. |
|
Relaxed long-term mobility pathways. EU Blue Card holders who have resided for at least 12 months in another EU Member State can now enter and work in Luxembourg. Within one month of arriving in Luxembourg, the foreign national must apply for a Luxembourgish EU Blue Card work permit. Previously, to work, affected individuals needed at least 18 months residence in the other EU Member State as well as a Luxembourg residence permit. |
EU Blue Card holders can now move to Luxembourg from another EU Member State more easily, providing employers more flexibility to move talent to Luxembourg, including on a long-term basis. |
|
Relaxed change-of-employer, role and sector rules. Provided they notify authorities, EU Blue Card holders can now change employers, roles and sectors 12 months after receiving their Blue Card (down from the previous 24 months). Additionally, after 12 months, such individuals now have unlimited access to Luxembourg’s highly skilled labor market. |
The relaxed restrictions on changing employers, sectors and roles provide more flexibility for EU Blue Card holders seeking to remain in Luxembourg and may result in increased retention of foreign talent in the country. |
|
Lower minimum salary level. The minimum salary for an EU Blue Card has been lowered to the average gross annual salary which is EUR 58,968, down from EUR 88,452. Further, there is no longer a distinction between minimum salary levels for shortage occupations or roles that were not in a shortage occupation. Previously, the minimum salary level was either 1.2 times (if the role was a shortage occupation) or 1.5 times the average gross annual salary. |
This makes it easier for foreign nationals to access a Luxembourg EU Blue Card, and for employers to afford highly skilled foreign talent under the EU Blue Card pathways, effectively increasing their pool of available employees. |
Other changes include the following:
- Ancillary work. EU Blue Card holders may now perform work outside the scope of their work permit (provided that they continue to meet their Blue Card conditions). Previously, a separate work permit was required to conduct ancillary work. Some activities may still require a business license.
- Contract duration. Employment contracts now only need to be six months in duration (down from the previous 12-month minimum).
- Family reunification. Foreign nationals who hold an EU Blue Card from another EU Member State are now eligible for expedited family reunification processing times of up to 30 days (depending on the circumstances) provided that their partner (the principal applicant) is a Luxembourg EU Blue Card holder. Previous processing times were around nine months, with no expedited processing pathway.
- Renewal. EU Blue Card holders may now continue living and working in Luxembourg while their card is in the process of being renewed, even if it expires during the renewal period.
- Unemployment. In the event of unemployment, EU Blue Card holders may now retain their EU Blue Card for three months (if they have held their card for less than two years) or six months (if they have held their card for more than two years). The previous grace period was stricter.
Background
In 2021, the European Union issued a directive seeking to update the existing EU Blue Card scheme (which dated back to 2009). The EU Blue Card scheme has sought to establish an attractive EU-wide immigration option for highly skilled professionals. However, the 2009 iteration has suffered from fragmented and inconsistent transposition at the national levels, with many EU Member States offering more attractive skilled-labor immigration pathways under their own national, non-EU Blue Card systems.
Looking ahead
The deadline for national transposition of the revised EU Blue Card Directive was November 18, 2023, with many EU Member States domestically implementing the Directive after this deadline. Additionally, several EU Member States have not yet domestically implemented the Directive. It is expected that further instances of domestic implementation will occur across 2024. We will report on related developments.
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].
