In 2022, Luxembourg received 27 000 new immigrants on a long-term or permanent basis (including changes of status and free mobility), 12% more than in 2021. This figure comprises 65% immigrants benefitting from free mobility, 13% labour migrants, 17% family members (including accompanying family) and 4% humanitarian migrants. Around 400 permits were issued to tertiary-level international students and 900 to temporary and seasonal labour migrants (excluding intra-EU migration). In addition, 48 000 intra-EU postings were recorded in 2022, a 9% increase compared to 2021. These posted workers are generally on short-term contracts.
Ukraine, Portugal and France were the top three nationalities of newcomers in 2022. Among the top 15 countries of origin, Ukraine registered the strongest increase (4 100) and France the largest decrease (‑500) in flows to Luxembourg compared to the previous year.
In 2023, the number of first asylum applicants increased by 8.7%, to reach around 2 600. The majority of applicants came from Syria (800), Eritrea (500) and Afghanistan (100). The largest increase since 2022 concerned nationals of Sudan (100) and the largest decrease nationals of Syria (‑300). Of the 1 340 decisions taken in 2023, 68% were positive.
Emigration of Luxembourg citizens to OECD countries remained stable in 2022, to 4 600. Approximately 42% of this group migrated to Germany, 33% to France and 10% to Belgium.
On 21 April 2023, several amendments were introduced to the Immigration Act to be aligned with the 2008 EU Return Directive, by introducing the concept of “removal”. It clarifies that third-country nationals (TCNs) illegally residing in Luxembourg but having a residence permit in another member state have 72 hours to return to that member state. Clarifications and modifications to the risk of absconding were introduced. It also indicates in which cases the removal decision must be accompanied with an entry ban. Another amendment expanded the cases when administrative detention can be applied to a TCN who has to be removed. Conditions of obtaining a residence permit for private reasons were clarified. The residence permit for humanitarian reasons of exceptional gravity can also be granted to illegally staying TCNs.
The Law of 18 January 2023 –, which entered into force on 1 July 2023 – approved the Revision to the Luxembourg Constitution to recognise the right of asylum at constitutional level.
The Law of 20 July 2023 amended the Asylum Law aligning it with the case law of the Court of Justice of the European Union (CJEU), providing clarity on assessing risk of absconding and on return decisions affecting AIPs and BIPs.
On 7 August 2023, amendments were introduced to the Immigration Law regarding the conditions of entry into Luxembourg aligning it with the implementation of ETIAS and the EES. To mitigate existing labour shortages, talent attraction measures and administrative simplification were introduced. TCNs are exempted from the requirement to obtain a work permit for any service of less than 3 months. For self-employed, the condition of presence on the territory for the exercise of the business activity is added. The duration of the resident permit for private reasons for job search or business creation increased to 12 months. TCNs with a family member residence permit can access the labour market directly. Checks and verifications on illegal employment can now also be carried out with work permits.
The Law of 7 August 2023 amended the Labour Code, forbidding the employment of legally staying third country nationals without a work permit. The normal fines are applied but also the retroactive payment of unpaid social security contributions and taxes. Also, fines have increased and the aggravating circumstances already in force for human trafficking are now applicable to the employment of illegally staying TCNs. The Reception Law was amended by abolishing the market test for applicants for international protection when applying for a temporary occupation permit.
The Law of 23 August 2023 changed its approach to integration, substituting with the term “intercultural living together”. This law amended the Law on Nationality, replacing the “reception and integration contract” with the “Citizen’s pact”.
The Law of 14 July 2023 created a School Integration and Welcoming Service to better address social inequalities and to facilitate the provision of information on the educational offer available to incoming pupils and parents.
The Law of 29 March 2023 allows foreigners holding a legitimation card to vote in local elections.
For further information: www.guichet.public.lu | www.ona.gouvernement.lu | www.integratioun.lu
