From 1 October 2026, Luxembourg is doing away with the temporary authorisation to stay issued by the General Department of immigration, which is replaced with a long-stay visa to be requested in the country of residence. Employers hiring third-country nationals must adapt their international mobility processes immediately.
In a press release dated 23 September 2026, the Luxembourg government announced a reform to the immigration process for third-country nationals, which applies as of 1 October 2026. The previous temporary authorisation to stay issued by the General Department of immigration is being replaced with a long-stay visa (type D visa) in order for Luxembourg to align its practice with that of other EU Member States.
What is changing in practice?
- Third-country nationals requesting a first residence permit must submit their type D visa application in-person at the Luxembourg embassy in their country of residence or, if there is no local diplomatic mission, at the Belgian embassy. Applications are no longer handled by the General Department of immigration in Luxembourg.
- A type D visa is valid for six months and allows a third-country national requesting a first residence permit to enter Luxembourg and travel within the Schengen area until their residence permit is issued.
- Once they have arrived in Luxembourg, the third-country national requesting a first residence permit must declare their arrival at their commune of residence within three days and submit their application for a residence permit (titre de séjour) to the General Department of immigration.
This reform addresses two points in particular: until now, Luxembourg was the only Member State to apply a specific national procedure rather than the type D visa common to other EU countries and the new measure means that it better meets the security requirements of EU border management systems.
Who is affected?
The reform affects third-country nationals, which means any person from outside the EU, the European Economic Area or Switzerland, who wants to stay in Luxembourg for more than 90 days, whether that is for a job, studies or family reunification.
The reform does not apply to:
- EU citizens and their family members, as well as nationals of Iceland, Norway, Liechtenstein and Switzerland;
- British nationals covered by the Brexit withdrawal agreement;
- applications to request a replacement, renewal or different type of existing residence permit, as well as any applications submitted directly within Luxembourg; and
- those seeking asylum.
Practical implications for employers
Employers hiring or planning to hire third-country nationals must review their international mobility and integration processes. The overall timescales for onboarding may change, as the type D visa is issued before leaving the country of origin, unlike the former temporary authorisation to stay.
It is recommended to start planning the following actions now:
- Verifying on a case-by-case basis whether your future employees fall under the given exemptions.
- Informing your future foreign employees of the new procedure and associated timescales, notably the type D visa's six-month validity period.
- Adapting your recruitment and international mobility plans to take into account going through a Luxembourg or Belgian embassy or consulate, rather than the General Department of immigration.
- Reminding new joiners of their obligations once in Luxembourg: (i) declaring arrival at their commune of residence within three days and (ii) submitting an application for a residence permit to the General Department of immigration.
The reform enters into force on 1 October 2026.
How can Arendt help?
Arendt's Employment Law, Pensions & Benefits team is available to provide support with your questions on immigration and with adapting your international mobility processes.
Authors:
- Raphaëlle Carpentier
