This Annual Report on Migration and Asylum presents the statistical and latest developments relating to immigration, asylum, and integration of third country nationals that occurred in Luxembourg in 2023.
In the context of the national elections, which took place on 8 October 2023, immigration to, as well as asylum and integration in Luxembourg were important discussion points. This report analyses the electoral programmes of political parties that ran for Parliament.
Asylum, international protection, and temporary protection
Asylum policy in 2023 was marked by substantial legislative changes and the implementation of new reception measures. The most outstanding legislative development was the completion of the revision of the Luxembourgish Constitution, which now contains the right to Asylum (Chapter II). The revised Constitution entered into force on 1 July 2023.
In the field of reception, several significant legislative changes, such as the removal of the market test for applicants of international protection when requesting a temporary work permit (AOT), took place. The second half of 2023 saw the introduction of new measures that changed access to accommodation for single adult male applicants for international protection in Luxembourg as a reaction to decreasing availabilities in accommodation in the reception facilities.
The responses to the influx of persons fleeing the war in Ukraine consisted of both an extension of the temporary protection regime and the proposal of a perspective for their lasting establishment in Luxembourg by offering beneficiaries of temporary protection the possibility to apply for a residence permit as salaried workers, given they meet specific requirements.
Immigration, entry, and residence
The Law of 7 August 2023 introduced major changes in several respects:
The conditions of entry into Luxembourg were specified by taking into account European regulations of the ETIAS travel authorization and the EES entry/exit system. To mitigate existing labour shortages (in specific areas), which require the attraction of talent and administrative simplification, this law also modified the Labour Code and the Immigration Law.
Fighting irregular immigration and illegal employment
With respect to responses to irregular immigration, the Law of 21 April 2023, which structures the removal of third-country nationals, provides clarifications on the entry ban to Luxembourg and on residence permits for private reasons, including a residence authorization based on exceptional grounds. This law also modifies the Labour Code to strengthen the fight against the illegal employment of legally residing third-country nationals without a work permit.
Integration
The Law of 23 August 2023 on Intercultural Living Together repealed the Law on the reception and integration of foreigners and fundamentally changes Luxembourg’s approach to integration to a broader and more open concept of “Intercultural Living Together”. This law applies to everyone who resides or works in Luxembourg, regardless of their nationality.
The Law of 14 July 2023 created the School Integration and Welcoming Service (Service de l’intégration et de l’accueil scolaire; SIA), which replaced the Schooling Service for Foreign Children (Service de scolarisation des enfants étrangers, SECAM) to better address social inequalities and to facilitate the provision of information on the educational offers available to incoming pupils and parents.
For more information, please consult the report in English and French.