If you are a Luxembourg employer wishing to hire a third-country national – i.e. a person who is not a citizen of the European Union or who is not entitled to the European Union's freedom of movement (hereinafter a “TCN”) – as a salaried worker, then you should be aware of changes brought by the law of 7 August 2023 amending the law of 29 August 2008 on the free movement of persons and immigration (the “Law of 7 August 2023”).
Indeed, since its entry into force on 1 September 2023, employers of TNCs will have to consider new elements, including the following:
The Law of 7 August 2023 aims to modernize the legal framework applicable to TCNs by introducing innovations to increase the attractiveness of Luxembourg employers on the international market, including in particular: (i) the creation of a list of occupations declared in serious shortage, which makes it possible to obtain the Adem certificate much faster for the concerned occupations and thus considerably accelerates the immigration process for the "salaried worker" category; and (ii) the implementation of a direct access to the labor market for TCNs holding a residence authorization/permit as “family member” of a TCN. Despite these positive aspects, in light of the new provisions foreseeing enhanced exchanges of information between the authorities, employers are advised to pay attention to the specificities linked to the rules - sometimes complex - applicable to the different categories of TCNs, to avoid finding themselves in situations of breach.