Working in Luxembourg as an asylum seeker

 In principle, an applicant for international protection ("OPD") cannot work until he or she has received a response to his or her asylum application.

A.   Prerequirements

However, under certain conditions, (s)he may apply for temporary employment as early as 6 months after the lodging of his/her application for international protection:

- (S)he must not yet have received a response from the Ministry of Foreign Affairs ("MAE") to his/her asylum application;
- This delay in response must not be attributable to him/her.

B.   Application for a temporary occupation permit

Before hiring a third-country national, every employer must declare a vacancy to ADEM, in order to determine whether persons registered with ADEM could fill the position.

If there are no candidates available with ADEM, the employer must apply to ADEM for a temporary occupation permit in order to employ the applicant for international protection.

When applying, the employer must provide several elements:

- The application form for a temporary occupation permit in duplicate;
- A copy of the certificate of deposit of the application for international protection of the future employee ("pink paper");
- A copy of the employment contract in accordance with Luxembourg labour law, which must indicate "this employment contract comes into force as soon as the temporary work permit (AOT) is issued";
- A copy of any certificates and diplomas attesting to the professional qualifications of the future employee;
- The CV of the future employee;
- A letter written by the employer explaining and justifying the engagement.

C.   Validity of the authorisation

Once the authorisation has been granted by the Minister of Immigration, it is valid for a period of 6 months for a specific employer and for a single profession.

D.   Renewal

The permit can be renewed for the same period if the conditions are still met.

Renewal is also possible if :

- A suspensive appeal is lodged against the refusal of the application for international protection;
- The deadline for the obligation to leave the territory has been exceptionally extended.

However, its renewal, like the initial granting, may be refused for reasons linked to the situation, the evolution or the organisation of the labour market, taking into account in particular the priority for the hiring of citizens of the European Union, assimilated countries (Norway, Liechtenstein, Iceland, Switzerland) and legally resident third-country nationals who receive unemployment benefit.

E.   Loss and withdrawal of the temporary occupation permit

The temporary occupation permit loses its validity :

- On expiry of its term ;
- On termination of the employment relationship;
- On final rejection or cancellation of the application for international protection.

The temporary occupation permit is withdrawn:

- If the beneficiary works in another profession than the one authorised;
- If the beneficiary has resorted to dishonest practices or inaccurate declarations in order to obtain this temporary occupation permit with fraudulent intent.

In case of withdrawal or loss of validity of the temporary occupation permit, the employment contract is automatically terminated.

II.   Hiring a beneficiary of international protection

The hiring of a beneficiary of international protection is subject to the same conditions and procedure as any Luxembourg national: no work permit is required.

In addition, ADEM can offer ENTs interested in recruiting them financial aid (training, CIE, CAE, professionalization internship)