Access to labour market
The access of the family member of a third-country national varies if it is as an accessory activity as family member that when s/he requests a residence permit as a salaried worker as main activity
a. Family member who wish to carry out a salaried activity on an ancillary basis: A work permit is required for the third-country national before starting work.
The application for a work permit must be submitted by the third-country national. However, they may appoint a third party, such as the future employer, to carry out the necessary procedures.
In case the family member resides in Luxembourg for less than one year when the application is submitted, it will be submitted to the labour market test.
In case the person resides in Luxembourg for more than one year at the moment of the application, the labour market test is not required, but the employer must declare the post vacancy before considering the recruitment of the person. The employer must sign a contract with the third-country national. The contract may include a let-out clause specifying that the employment contract will not take effect until the work permit has been obtained. The employer must provide proof of the vacant position declaration to the third-country national, who must attach it to their work permit application.
b. third-country nationals’ holders of a "family member" residence permit who wish to carry out paid employment or self-employment as their main activity must apply for a salaried worker residence permit or for an independent worker residence permit.
Family members must apply for a residence permit which allow them to work in Luxembourg according to the requirements established for salaried workers, independent workers or highly qualified workers.
The access of family members to the labour market is subject to certain conditions during the first year of residence (it is not a waiting period) after the family reunification. If the family member applies for an authorisation as a salaried worker, s/he can have access to the labour market but is subject to a labour market test during the first year of residence.
During the first year of his/her legal employment on the territory, the family member holding a “salaried worker” residence permit shall have access to the labour market, limited to a single sector and a single occupation with any employer.
Another possibility is that the spouse can apply as a self-employed worker if s/he fulfils the required conditions.
If the third-country national family member fulfils the conditions of a highly qualified worker, s/he will not be subject to the labour market test and will have immediate access to the labour market.