Luxembourg is an attractive destination for many individuals seeking work and better opportunities. However, if you’re moving to Luxembourg on a dependent visa, you may be wondering if your spouse can work while you’re there. In this article, we will explore the regulations and possibilities for a spouse to work on a dependent visa in Luxembourg. Whether you’re a trailing spouse or considering moving to Luxembourg with your partner, this guide will provide you with valuable information.
Can Spouse Work on Dependent Visa in Luxembourg?
Luxembourg offers several visa options for accompanying spouses or partners of individuals who have secured employment in the country. The primary dependent visa is the “Family Reunification” visa, which allows the spouse or partner to join the main visa holder in Luxembourg. However, the ability for a spouse to work on a dependent visa in Luxembourg depends on various factors and specific conditions.
Eligibility for Spouse to Work
The eligibility of a spouse to work in Luxembourg on a dependent visa depends on their citizenship, qualifications, and the type of visa they hold. Non-European Union (EU) citizens typically face more restrictions compared to EU citizens due to different immigration regulations.
For EU citizens: If the spouse holds EU citizenship, they have the right to work in Luxembourg without any restrictions. They can seek employment in any field or industry and do not require a work permit.
For non-EU citizens: Non-EU spouses may be eligible to work in Luxembourg, but they need to obtain a work permit. The work permit process involves the employer sponsoring the spouse’s application and proving that there are no qualified local candidates for the job. The work permit is usually tied to a specific employer and occupation.
Types of Work Permits
In Luxembourg, there are two main types of work permits that a spouse on a dependent visa can apply for:
- Employee Work Permit: This work permit allows the spouse to work as an employee for a specific employer. It is usually tied to the duration of the main visa holder’s work permit. The spouse can only work for the sponsoring employer and in the specified occupation.
- Self-Employment Work Permit: If the spouse wishes to start their own business or work as a freelancer, they can apply for a self-employment work permit. This type of permit allows them to work independently, but they must demonstrate their qualifications, business plan, and financial stability.
Both types of work permits require the spouse to meet certain criteria, including relevant qualifications, experience, and proof of financial means.
Application Process
To apply for a work permit in Luxembourg, the spouse needs to follow a specific procedure:
- Job Offer: The spouse must secure a job offer from a Luxembourgish employer or have a business plan in case of a self-employment work permit.
- Documentation: The spouse should gather all the necessary documents, including a valid passport, marriage certificate, proof of accommodation, proof of qualifications, and employment contract (if applicable).
- Application Submission: The spouse needs to submit the work permit application along with the required documents to the Luxembourgish immigration authorities. The employer may also need to provide additional documents to support the application.
- Processing and Approval: The immigration authorities will review the application and make a decision. The processing time can vary, but it usually takes several weeks to receive a response.
Frequently Asked Questions
Here are some frequently asked questions regarding the ability of a spouse to work on a dependent visa in Luxembourg:
Can a spouse work immediately upon arrival in Luxembourg?
No, the spouse cannot work immediately upon arrival. They must go through the necessary procedures to obtain a work permit, as mentioned earlier.
Can a spouse change employers while on a dependent visa in Luxembourg?
If the spouse wishes to change employers, they need to follow the proper procedures for transferring their work permit. The new employer would have to sponsor the work permit application, and the spouse cannot start working until the new permit is approved.
Is there a limit on the duration of the work permit for a spouse on a dependent visa?
The duration of the work permit for a spouse on a dependent visa is usually linked to the main visa holder’s work permit. If the main visa holder’s work permit expires or is terminated, the spouse’s work permit may also be affected.
Can a spouse on a dependent visa in Luxembourg start their own business?
Yes, a spouse on a dependent visa can start their own business by applying for a self-employment work permit. They need to demonstrate their qualifications, business plan, and financial stability to obtain the permit.
Can a spouse on a dependent visa in Luxembourg work part-time?
Yes, a spouse on a dependent visa can work part-time, provided they have the necessary work permit. The work permit specifies the number of hours and the employer for whom they can work.
What happens if a spouse works without a valid work permit in Luxembourg?
Working without a valid work permit is illegal and can lead to serious consequences, including fines, deportation, and difficulties with future visa applications. It is essential to follow the proper procedures and obtain the necessary permits.
In conclusion, the ability of a spouse to work on a dependent visa in Luxembourg depends on various factors, including citizenship, qualifications, and the type of visa held. EU citizens have the freedom to work without restrictions, while non-EU citizens need to obtain a work permit. The work permit process involves securing a job offer and meeting specific criteria. Whether the spouse wishes to work as an employee or start their own business, the appropriate work permit must be obtained. It is crucial to follow the proper procedures and comply with the immigration regulations to avoid legal complications.
Do you need a Luxembourg spouse visa?
Contact our team of skilled immigration lawyers to discuss your visa and immigration needs.
Call us on +234 812 5505 986 or WhatsApp us at +234 818 1547 085 for immediate assistance with your situation. We are available to assist you in person, over the phone, or online.