Hiring of a third-country national

Hiring a third-country national

Before hiring a third-country national (meaning neither a national of a European Union member state nor a national of a country considered equivalent to EU member states - Iceland, Norway, Liechtenstein, Switzerland - nor a British national benefiting from the withdrawal agreement), you, as an employer, need a certificate issued by ADEM that allows you to hire the person of your choice.

For this, you must have declared your vacant position to ADEM.

You can declare your vacant positions online through the MyGuichet website or using the dedicated forms on Guichet.lu and on adem.lu (Employment Portal).

Your offer will be activated and valid for two months (unless you wish to withdraw it earlier).

After this period, the offer will be automatically closed unless you request an extension from ADEM.

Requesting a certificate

• You can request a certificate for the employment of a third-country national directly when declaring a vacant position
• You can also submit the certificate request later, during the entire validity period of your offer; to do so, contact the "Third-Country Nationals" unit by email (info@adem.etat.lu). No certificate will be issued for a closed offer.

An acknowledgment of receipt for your request will be sent to you within the next two business days.

For obtaining a certificate, two cases are possible:

Case 1: Request for a certificate for a profession with strong labour shortage

If the declared position pertains to a profession listed on the professions in high labour shortage list, the certificate will be issued within five days from receiving your request for a certificate.

Case 2: Request for a certificate for a profession with no significant labour shortage

If the reported position is not included in the professions in high labour shortage list, ADEM has seven business days from the receipt of the request for a certificatet to verify the availability of registered jobseekers for the declared position before potentially issuing you the requested certificate.

Two scenarios are possible at the end of this period:

1. ADEM determines that no suitable jobseeker is available
   - the certificate is issued to you within five business days
   
   
2. ADEM determines that one or more jobseekers can be proposed to you
   - ADEM has an additional 15 business days to propose jobseekers matching the desired profile.

After the last referral (assignation), ADEM will notify you that you have a one-month period to provide feedback on the proposed jobseekers.

• If you have fulfilled the obligation to provide an explanation for rejecting the jobseeker and ADEM determines, after this new period, that they cannot propose a jobseeker who meets the required profile for the declared position, they will issue the certificate to you within 10 business days.
  
  
• If you fail to fulfill this obligation or if ADEM determines that a jobseeker who meets the required profile for the declared position has been proposed, they will reject your certificate request within ten business days.