Guide to temporary entry into Luxembourg under CETA

This guide is for a Canadian business person temporarily travelling to Luxembourg to do business. It provides general information about temporary entry and stay requirements for business people under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and under Luxembourg’s laws. This guide aims to facilitate the entry of Canadian business people into Luxembourg for the purposes of exploring, entering and expanding operations in Luxembourg’s market. You will find relevant links and summaries of main steps for work permit and visa applications, including costs and lengths, for the categories of business people covered in CETA.

Text of the Comprehensive Economic and Trade Agreement – Chapter 10: Temporary entry and stay of natural persons for business purposes

CETA entered into force provisionally in 2017, which means that Luxembourg is bound by the Temporary Entry Chapter. However, there are still significant differences between CETA requirements and the Luxembourg’s laws regulating temporary entry. As such, some of the paths for entry identified in this guide do not fully overlap with the categories of business people covered in CETA.

For any questions regarding Luxembourg's temporary entry commitments under CETA, please contact: enquiry-demande.TE@international.gc.ca

Under CETA, a short-term business visitor is a Canadian traveling to Luxembourg for one of the following activities:  

• meetings and consultations
• research and design
• marketing research
• training seminars
• trade fairs and exhibitions
• sales (negotiations or taking orders, cannot deliver goods or services themselves)
• purchasing
• after-sales or after-lease service
• commercial transactions as an employee of a Canadian enterprise (management and supervisory or financial services personnel only)
• tourism/travel operations as an employee of a Canadian enterprise
• translation and interpretation

The detailed list of activities can be found under Annex 10-D of CETA.  

A short-term business visitor cannot:

• sell a good or a service to the general public
• receive payment from a source located in Luxembourg
• provide any other service to a consumer in Luxembourg that is not listed under activities of a business visitor

Under CETA a Canadian short-term business visitor can stay in Luxembourg for up to 90 days in a 180-day period.

Under CETA, an eligible short-term business visitor does not need a work permit but may need a visa.

Under Luxembourg law, Canadian nationals do not require a Schengen C visa to enter the EU. They are entitled to stay within the Schengen area for a maximum of 90 days in any 180-day period (rolling period).

Canadian companies can also send non-Canadian nationals hired in Canada for short-term business travel in Luxembourg. In this case, a Schengen C visa may be required, if they are visa required nationals. Applications for Schengen C visas must be filed with the relevant Luxembourgish Consulate/Embassy. The processing time is approximately 2 weeks.

• Schengen area
• Schengen calculator
• Schengen C Visa exempt countries (Annex II)
• Visa information
• Work permit exemption information. 

Under Luxembourg’s laws, short term business visitor arriving to Luxembourg cannot have their main residence in Luxembourg. In addition, short-term business visitors may not receive wages, salary, or consultancy fees from an entity based in Luxembourg; enter an employment contract with an entity in Luxembourg; or be assigned/seconded to an entity in Luxembourg.

No work permit application process is required as these are work permit-exempted activities. For more information, please consult the EU Immigration Portal for Luxembourg.

Note: The business visitors for investment purposes category is covered under CETA, but does not exist under Luxembourgish law. A Canadian business visitor for investment purposes may qualify under the short-term business visitor category.

Under CETA, a Canadian business visitor for investment purposes is a Canadian manager or specialist responsible for setting up an enterprise in Luxembourg.

A Canadian business visitor for investment purposes cannot:

• work directly with the general public in Luxembourg
• receive compensation from a source located within Luxembourg

Under CETA, Canadian business visitors for investment purposes can stay in Luxembourg for up to 90 days within a 180-day period.

Under CETA, a Canadian business visitor for investment purposes does not need a work permit. There are no specific provisions for business visitors for investment purposes in Luxembourg. Their stay must be limited to a maximum of 90 days in any 180-day period in the Schengen Area.

In addition, in Luxembourg there is a short-term work permit exemption for 90 calendar days per year which can cover this category.

Under CETA, an investor is a Canadian supervisor or executive, responsible for establishing, developing, or operating an investment, that they or their employing enterprise have committed, or are in the process of committing, a substantial amount of capital to.

Under CETA, Canadian investors can stay in Luxembourg for up to 1 year. Extensions are possible at the discretion of Luxembourg’s officials.

Under CETA, you may need a work permit (including, for example, if you are a self-employed investor) and may need a visa.

Under the laws of Luxembourg, eligible Canadian investors may obtain a temporary work authorization via a standard employment permit application and then apply for the three-year residence permit. Before applying for a residence permit as an investor, a favourable assessment by the Ministry of Economy (for project investments) or Finance (for analysis of proof of payments) on the investment is required.

The permit is self-sponsored and allows work. The maximum permit duration is 3 years and is renewable.

Under the laws of Luxembourg, investors must comply with the following eligibility requirements:

• Investing EUR 500,000 ​in an existing or a new company in Luxembourg
• Investing EUR 3,000,000 in an investment and management structure
• Investing EUR 20,000,000 in the form of a deposit in a financial institution in Luxembourg

The process for obtaining this permit consists of the following steps:

Step 1: Submission of the proof of investment to the Ministry of Finance

Step 2: Submission of the application for the temporary work/residence authorization to the Ministry of Immigration

Step 3: If the individual is not a national of a visa exempt country, visa-issuance of the D visa will be required

Step 4: Once in Luxembourg, provide a declaration of arrival and medical test

Step 5: Residence permit for Investors application and submission of the biometrics

Step 6: Once approved, make an appointment with the Immigration Directorate of the Ministry of Foreign and European Affairs to be photographed and fingerprinted

Step 7: Following the appointment at the Immigration Directorate, make another appointment a few days after to collect your residence permit

For more information consult the Conditions of residence for investors of third countries webpage.

Application cost: EUR 80 residence permit fee. 

Typically, processing times are 3 months, if the authorities do not require additional information or documentation.

More information about the application process and eligibility conditions consult the EU Immigration Portal for Luxembourg.

Under CETA, a contractual services supplier is a Canadian service supplier employed by an enterprise in Canada with a contract to provide a service to a consumer in Luxembourg in an eligible service sector. A list of eligible services sectors under CETA is found under CETA Annex 10-E, number 9.

A Canadian contractual service supplier must also:

• have provided services as an employee of the contracted Canadian enterprise for at least 1 year before the date of their application for entry into Luxembourg
• have a university degree or an equivalent qualification
• have at least 3 years of professional experience since the age of 18 in the sector of the contracted activity
• have any professional qualifications required to practice the activity according to the laws or requirements in Luxembourg

For engineering technologists seeking entry as a contractual service supplier, a 3-year post-secondary degree from an officially recognised institution in engineering technology is considered equivalent to a university degree.

For scientific technologists seeking entry as a contractual service supplier, a 3-year post-secondary degree from an officially recognised institution in the disciplines of agriculture, architecture, biology, chemistry, physics, forestry, geology, geophysics, mining and energy is considered equivalent to a university degree.

A Canadian contractual service supplier cannot get paid for their services during their stay in Luxembourg other than what is paid to them by their Canadian employers.

The Canadian enterprise that employs a Canadian contractual service supplier cannot have any establishment in Luxembourg.

Fulfilment of the contract must require the temporary presence of the Canadian contractual service supplier in Luxembourg. Extensions are possible at the discretion of Luxembourg’s officials.

Under CETA, a Canadian contractual services supplier can stay in Luxembourg for up to 12 months, or for the duration of the contract, whichever is less.

Luxembourgish legislation does not provide for an entry route specifically for contractual service suppliers. However, the most appropriate immigration route for contractual service suppliers is the temporary authorisation to stay. In addition, eligible employees may be subject to a work authorization exemption in case of a short-term posting of up to 90 calendar days per year.

The maximum duration of the temporary authorisation to stay will, generally, correspond to the duration of the service agreement, irrespective of the duration. The immigration laws of Luxembourg do not expressly indicate a maximum duration.

Under the laws of Luxembourg, a temporary authorisation to stay can be obtained if the following conditions are met:

• A service agreement exists between the Canadian employer and the client in Luxembourg
• The employee receives, from their Canadian employer, a remuneration at least equivalent to Luxembourg’s minimum salary;
• The employee remains affiliated to the home country social security system throughout the assignment. If this is not possible, they must be affiliated to the Luxembourg entity for the duration of his assignment

The process for obtaining the service provider permit consist of the following steps:

Step 1: Submission of the application for the temporary work/residence authorization

Step 2: Once in Luxembourg, declaration of arrival and medical test

Step 3: Service provider residence permit application and submission of biometric data

Application cost: EUR 80 residence permit fee.

Average processing times are estimated to be between three to five months. 

More information about the application process and eligibility conditions can be found on the Conditions of residence for self-employed third-country workers webpage.

A Posted Worker Notification (PWN) must also be submitted within the first day of work. More information on the PWN can be found on the Posting workers to Luxembourg web page.

Under CETA, an independent professional is a self-employed Canadian service supplier with a contract to supply a service to a consumer in Luxembourg in an eligible sector. A list of eligible services sectors under CETA is found under CETA Annex 10-E, number 9.

A Canadian independent professional must also have:

• at least 6 years of professional experience in the sector of the contracted activity at the date of application of entry
• a university degree or equivalent qualification
• any professional qualifications required to practice the activity, according to the laws or requirements in Luxembourg

For engineering technologists seeking entry as an independent professional, a 3-year post-secondary degree from an officially recognised institution in engineering technology is considered equivalent to a university degree.

For scientific technologists seeking entry as an independent professional, a 3-year post-secondary degree from an officially recognised institution in the disciplines of agriculture, architecture, biology, chemistry, physics, forestry, geology, geophysics, mining and energy is considered equivalent to a university degree.

Other requirements:

• a Canadian independent professional must not have established an enterprise in Luxembourg
• fulfilment of the contract must require the temporary presence of the independent professional in Luxembourg

Under CETA, a Canadian independent professional can stay in Luxembourg for up to 12 consecutive months, or for the duration of the contract, whichever is less.

Under the laws of Luxembourg, Canadian nationals who intend to reside and provide services in Luxembourg as self-employed for more than 90 days per year, must apply for a Self-Employed Residence Permit, either before entering Luxembourg or, in-country if legally residing there, prior to the start of their self-employed activity.

The residence permit for self-employed individuals is typically valid for a maximum duration of three years. The residence permit is renewable upon request, for another three years, if the conditions for obtaining it remain fulfilled.

For more information consult the EU Immigration Portal for Luxembourg.

Depending on the type of independent profession, the following eligibility requirements must be complied with: 

• a prior approval from the Ministry of Economy of a business permit
• another required authorisation (local accreditations or registration for a specific profession)

The process for obtaining a self-employed residence permit consists of the following steps:

Step 1: Submission of the application for the temporary work/residence authorization to the Ministry of Immigration

Step 2: If the individual is not a national of a visa exempt country, visa-issuance of the D visa will be required

Step 3: Once in Luxembourg, declaration of arrival and medical test

Step 4: Self-employed residence permit application and submission of the biometrics

Step 6: Collection of the residence permit from the Ministry of Foreign and European Affairs by appointment

Application cost: EUR 80 residence permit fee.

Average processing times are estimated to be between three to five months.

More information about the application process and eligibility conditions can be found on the Conditions of residence for self-employed third-country workers webpage.

Under CETA, Canadian intra-corporate transferees are senior personnel, specialists, or graduate trainees at a Canadian enterprise who are being temporarily transferred to a subsidiary, branch, or head company of the Canadian enterprise in Luxembourg.

Senior personnel are Canadian business people in a senior position within an enterprise who:

• primarily direct the management of the enterprise or a department or sub-division of the enterprise
• make a wide range of decisions, including recruitment, promotions and dismissals
• receives general supervision or direction from higher-level executives, the board of directors, or stockholders of the business or their equivalent or supervise and control the work of other supervisory, professional or managerial employees and exercise discretionary authority over day-to-day operations

Specialists are Canadian business people who have:

• uncommon knowledge of the enterprise's products or services and its application in international markets, or
• an advanced level of expertise or knowledge of the enterprise's processes and procedures such as its production, research equipment, techniques, or management

In assessing such expertise or knowledge, Luxembourg's officials will consider abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another business person in the short term. These abilities would have been obtained through specific academic qualifications or extensive experience with the enterprise.

Graduate trainees are Canadian business people who:

• have a university degree 
• are being temporarily transferred to an enterprise in Luxembourg for career development purposes, or to obtain training in business techniques or methods

The training delivered to a graduate trainee must be linked to their university degree.

Under CETA, Canadian senior personnel and specialists can stay in Luxembourg for whichever is shorter, three years or the length of the contract, with a possible extension of up to 18 months at the discretion of Luxembourg's officials.

Canadian graduate trainees can stay in Luxembourg for whichever is shorter, one year or the length of the contract.

Under Luxembourg’s law, Canadian companies can transfer highly skilled managers, specialists and graduate trainees to an entity in Luxembourg belonging to the same group by obtaining an EU Intra-Corporate Transferees (ICT) permit for the employees. This permit also grants the employees the right to work at a client site.

The maximum duration of this work and/or residence authorisation is three years (for managers and specialists) and one year (for graduate trainees).

The main advantage of this permit is that it allows its holder to work in other EU countries (for a maximum of 90 days in any 180-day period per country) without obtaining a separate work permit.

The following criteria must be met in order to be eligible for an EU intra-corporate transferee (ICT) permit:

• The sending company (in Canada) and host company (in Luxembourg) are part of the same corporate group (common parent ownership)
• The employee is a manager, specialist or trainee
• The employee has been employed by the home employer for three months and continues to be on an indefinite home contract and home payroll
• The employee holds a degree/qualification and/or relevant skills and experience
• The employee receives a salary similar to a local employee in the same position, generally, at least EUR 2,708 gross/month

The process for obtaining a EU intra-corporate transferee (ICT) permit:

Step 1: Submission of the application for the temporary work/residence authorization to the Ministry of Immigration

Step 2: If the individual is not a national of a visa exempt country, visa-issuance of the D visa will be required

Step 3: Once in Luxembourg, declaration of arrival and medical test;

Step 4: Residence permit for a transferred worker application and submission of biometric data

More information can be found on the EU Immigration Portal intra-corporate transferee webpage.

Application cost: EUR 80.

Average processing times are up to 3 months.

More information can be found on the staying and working in Luxembourg as a transferred worker webpage.

Entry into Luxembourg for Canadian business people not belonging to any of the categories covered under the CETA is subject to Luxembourg’s acts and regulations governing entry and stay.

To explore other paths for entry into Luxembourg, please consult the EU Immigration Portal for Luxembourg.

Disclaimer: The information contained herein is current as of July 2023 (national immigration legislations may change, sometimes at short notice). It is offered for informational purposes only and does not constitute general legal advice. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more in-depth analysis of applicable facts and circumstances (including, without limitation, criminal or health-related circumstances) conducted by competent professionals, (iii) indicated processing times and fees herein are approximate, are subject to the specific case circumstances, and  change. The information herein does not guarantee the outcome or approval of any particular immigration application.