Are you planning to hire a national from a country outside the European Union, the European Economic Area, or Switzerland? Please note that the rules have changed!

Before proceeding to any hiring, it is essential to check two key points:

• Residence or work permit: Make sure that the person has the necessary permits to work in Luxembourg before starting his or her contract of employment.

• Registration number (social security number): This number is indispensable for getting the person affiliated with Centre commun de la Sécurité Sociale (CCSS) [Joint Social Security Centre].

What is the new procedure for obtaining the social security number of a third-country national?

As of 1 July 2024, the General Department of Immigration, under the Ministry of Foreign Affairs, has been responsible for issuing social security numbers to third-country nationals, and no longer the CCSS. This applies to both employees and trainees.

Why is it important to have this registration number?

A legal obligation

The employer must declare the start of employment to the CCSS within 8 days of the employee being hired. This declaration is not possible without a registration number. This point must therefore be verified no later than at the time the contract of employment is signed.

Consequences of non-compliance

A person without a registration number who is working without being affiliated with social security is considered to be working illegally. An employer who hires one or more third-country nationals in an irregular stay (or situation) risks an administrative fine of €10,000 per employee. In addition, the employer faces a prison sentence of 8 days to 1 year and a criminal fine of €2,501 to €125,000 per employee when certain aggravating conditions are met.

How to obtain the registration number?

There are two scenarios:

• Either the third-country national needs a work permit (or equivalent document) to work or reside in Luxembourg, in which case the registration number will be assigned to the person during the process with the Ministry of Foreign Affairs for obtaining this document.

• Or the third-country national does not need a work permit (or equivalent document) to work or reside in Luxembourg, in which case the person in question must submit a specific request to the General Department of Immigration by providing documents justifying his or her situation (passport, employment contract, residence permit…). This applies, e.g. to a young student from a third country residing in a neighbouring country who wants to complete a tripartite internship in Luxembourg as part of his or her educational pathway. Even if a work permit is not required, only the Ministry of Foreign Affairs will be competent to issue the registration number.

Practical advice: Anticipate the process!

Ask the future employee to apply for his or her registration number as soon as possible and make sure that he or she has the necessary documents to work in Luxembourg!

The employee must therefore contact the Ministry of Foreign Affairs as soon as possible (immigration.matricule@mai.etat.lu) without fail by sending the documents required depending on his or her situation.