Residence permit for posted salaried workers
Residency route facts
Identity
| Official name (local) | Titre de sejour pour « travailleur salarie detache » as of 2026-06-12[2] Art. 48(5) names the title 'titre de sejour pour «travailleur salarie detache»'. |
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| Official name (English) | Residence permit for posted salaried workers as of 2026-08-14[1] |
| Legal basis | Loi modifiee du 29 aout 2008 sur la libre circulation des personnes et l'immigration, art. 48 and 49 as of 2026-06-12[2] Art. 48 governs the posting authorisation for a worker posted from a third-country undertaking in the framework of a transnational provision of services; art. 49 disapplies it, by derogation, where the sending undertaking is established in an EU or EEA state or Switzerland, in which case posting is free and a permit bearing the mention 'travailleur salarie d'un prestataire de services communautaire' is issued as of right for provisions exceeding three months. |
| Instrument type | residence permit as of 2026-06-12[2] |
Who can apply
| Nationals not served by this route | EU, EEA, EFTA as of 2026-06-12[2] Art. 49(1): a worker of any nationality posted by an undertaking established in another EU or EEA state or Switzerland is posted freely, provided they have the right to work and reside in the state where the sending undertaking is established, and does not use the art. 48 authorisation. |
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Permit terms
| Initial duration | Not applicable as of 2026-06-12[2] Art. 48(5): the permit is issued 'pour une periode de validite ne depassant pas la duree du detachement autorise', and art. 48(3) grants the posting authorisation for the effective duration foreseen for completing the service, extendable in exceptional circumstances where the service could not be completed in the period initially foreseen. The term has no numeric value; the rule is carried by initial_duration_basis. |
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| How the initial term is set | matches the assignment |
| Renewable | Yes as of 2026-06-12[2] Art. 48(3): the posting authorisation 'peut etre prorogee dans des circonstances exceptionnelles si la prestation de services n'a pas pu etre achevee dans le delai prevu initialement'. Extension is exceptional rather than routine. |
| Work rights | employment only as of 2026-06-12[2] The permit exists for the posted performance of the service the posting authorisation covers. |
Permanent residence and citizenship
| Counts toward permanent residence | Not established from a qualifying source as of 2026-06-12[2] Not established. Art. 48(6) states that salaried activity performed under a posting authorisation 'ne confere pas de droit a l'obtention du titre de sejour vise a l'article 43' – it does not open the ordinary salaried-worker permit. It says nothing about long-term resident status under art. 80, and reading one into the other would be an inference. |
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Requirements
| Job offer required | Yes as of 2026-06-12[2] Art. 48(4): to be covered by a posting authorisation the worker must be bound to the sending undertaking by a contract of indefinite duration whose start pre-dates the beginning of the posting in Luxembourg by at least six months. |
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| Labour-market test | Yes as of 2026-06-12[2] Art. 48(2) requires the sending undertaking's application to specify 'les circonstances exceptionnelles permettant d'admettre que le marche de l'emploi national n'est pas atteint', and art. 48(3) allows the minister to refer the application or its extension to the salaried-workers advisory commission created by art. 150. That is a labour-market condition on the grant, discharged by the employer rather than through an ADEM vacancy procedure. |
| Employer sponsorship | Yes as of 2026-06-12[2] Art. 48(2): the sending undertaking files the application. |
| Paid in-country | No as of 2026-06-12[2] The posted worker remains employed by, and paid under a contract with, the sending undertaking abroad (art. 48(4)); the posting is a transnational provision of services as defined by the Code du travail (art. 48(1)). The Luxembourg host is the recipient of the service, not the employer. |
| Job-search route | No as of 2026-06-12[2] |
Process
| Where to apply from | from abroad only as of 2026-06-12[2] Art. 48(2): the sending undertaking, not the worker, addresses the minister with an application for a posting authorisation specifying the workers to be posted, the nature and duration of the work, and the exceptional circumstances allowing the conclusion that the national labour market is not affected. |
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Physical presence
| none stated | to keep the permit as of 2026-06-12[2] Art. 48 states no presence or absence condition; the permit's term is tied to the authorised posting (art. 48(5)). No presence or absence rule was established for this route. The six-month rule recorded on Luxembourg's other third-country routes – a holder intending to leave for more than six months must return the permit and file a declaration of departure at the commune – is stated on the guichet pages for those routes and is not stated on the sources read for this one. Recorded none_stated rather than carried across, because the obligation's source is a page about a different permit. |
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Family inclusion
| Family members may be included | Not established from a qualifying source as of 2026-06-12[2] |
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Your next step
Read the requirements above considering your own situation: the income multiple, the absence limits, who you can bring. Check the country record for the reference figure those amounts are calculated from, and for anything that has changed recently.
The next step is your own case. That assessment is legal work. Create profile for our assistance in this.
Profile benefits
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Verification
| Sources cited | 2 |
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| of which official (tier 1) | 2 |
| Oldest as-of date | 2026-06-12 |
| Newest as-of date | 2026-08-14 |
| Reviewed on | 2026-08-17 |
| Schema version | 1.1 |
Sources
- [1] Third-country national – stays of more than 3 months
Guichet.lu – State Information and Press Service, Luxembourg · official portal · Tier 1 · Accessed 2026-08-14 - [2] Version consolidée applicable au 12/06/2026 : Loi du 29 août 2008 portant sur la libre circulation des personnes et l'immigration
Journal officiel du Grand-Duché de Luxembourg (Legilux) · statute · Tier 1 · Published 2026-06-12 · Accessed 2026-08-14