The order of steps
Six steps, in this order.
Have the activity classified, by the competent administration, on the method set out in the article on the professions concerned.
Have the professional qualification recognised, where obtained abroad. This is the longest step.
Identify the manager and check that they meet the conditions.
Gather the integrity documents, for everyone concerned.
Draw up the draft articles, the application having to be made before the company is incorporated.
File the application electronically and pay the fee due.
Reversing the first two steps is the commonest error, since a qualification cannot be recognised without knowing which activity it must match.
| Step | What it produces | Timing |
|---|---|---|
| Gathering the documents | The complete file | Before filing |
| Filing the application | Registration | Start of processing |
| Processing | Examination of the conditions | Variable |
| Decision | The permit or the refusal | End of processing |
The documents to gather
Four categories, according to the official sources consulted. They group the documents required in support of the application.
Documents evidencing the professional qualification matching the activity concerned.
Documents evidencing professional integrity, whose nature differs according to length of residence in Luxembourg.
The draft articles, where the activity will be carried on through a company.
Proof of payment of the chancery fee.
The integrity documents concern everyone subject to that requirement, not only the manager, as the article on the conditions to meet recalls.
The administration may request further documents, which extends the timescale accordingly.
The errors that delay
Five errors, in decreasing order of cost in time. They lengthen the processing or cause the application to be refused.
Starting qualification recognition last, when it conditions filing.
Omitting someone subject to the integrity test, notably a shareholder with significant influence.
Filing after the company is incorporated, when the application must precede it.
Describing the activity by its commercial title rather than its actual content.
Underestimating the documents required of non-residents, which differ from those asked of long-standing residents.
The first error can push a project back by months, whereas the other four are corrected in weeks.
The timeline to allow
Three durations to distinguish.
Qualification recognition, the longest and most variable, to be started first of all.
Assembling the file, depending on the availability of documents and any translation.
Processing the application, whose duration is indicated by the competent administration and cannot be assumed.
This guide publishes no processing time, the sources consulted not agreeing and the duration depending on the completeness of the file.
A point of method applies: give the client a range rather than a date, as on any administrative procedure.
After the grant
Three immediate obligations.
Keep the permit at the place of business, according to professional sources.
Complete the social security registrations, as self-employed or by business declaration for hiring.
Deal with tax obligations, notably registration for value added tax, covered in the corresponding article.
The permit is therefore not the finishing line, but the starting point of the administrative path.
What this means for a professional
Four rules.
Start qualification recognition first, it is the critical path.
List everyone subject to the integrity test before assembling the file.
File before incorporating the company, the reverse order causing difficulty.
Give a range of timescale, never a date.
This article sets out a method of professional orientation. It does not constitute legal advice.