Diaspora Policies, Consular Services and Social Protection for Luxembourgish Citizens Abroad

Abstract

This chapter provides an overview of the diaspora policy infrastructure and spells out the initiatives developed by the Luxembourgish authorities to support their nationals living abroad. It also highlights the specificity of Luxembourg as a country with the highest proportion of its workforce commuting from and to neighboring countries. This chapter therefore argues that social protection policies developed by the Luxembourg authorities for Luxembourgish nationals abroad are partly shaped by this specific form of mobility.

19.1 Diaspora Characteristics and Home Country Engagement

This chapter provides an overview of the diaspora policy infrastructure and spells out the initiatives developed by the Luxembourgish authorities to support in particular their nationals living abroad. It also highlights some specificities of the Luxembourg context that allow many Luxembourgers to benefit from the national social security system beyond the confines of the border. Indeed, among the European Union (EU) Member States, Luxembourg is the country with the highest proportion of its workforce commuting from and to neighbouring countries (Fries-Tersch et al. 2018, 86). Consequently, several social protection policies developed by the Luxembourg authorities specifically target cross-border workers of whom a significant share are Luxembourgish nationals (Clement 2015, 803-817).

19.1.1 The Luxembourgish Diaspora and its Relation with Homeland

While Luxembourg hosts many foreigners nowadays, until the mid-twentieth century it was, due to the poverty of its residents, a country characterised mainly by emigration. Luxembourgish historians highlight a first significant wave of emigration to Transylvania in the twelfth century and a second to Banat, a region in contemporary Romania, during the first half of the eighteenth century (Scuto 2010).

During the nineteenth century and up to World War I, many Luxembourgish emigrants set their sights on the American continent, heading especially to the United States, Brazil, and Argentina (Wey 2002). The large pieces of land still available in the New World drew Luxembourgish peasants in particular (Scuto 2010). The vast majority, however, decided to settle in France (Reuter 2002). Overall, more than 72,000 Luxembourgers are estimated to have left the country from 1841 to 1891 (out of a total population of 212,800 in 1891).

Population census analysis shows a definite shift in the migration balance after World War II (STATEC 1990), due to the economic growth and an influx of Italian and Portuguese immigrants during the 1950s and 1960s, respectively. Today, the Grand Duchy of Luxembourg continues to welcome migrants, a practice that has a significant impact on its population growth. For example, between 2010 and 2019, the number of inhabitants rose by 22%.

On 1 January 2019, the Grand Duchy counted 613,894 inhabitants, 47% of whom have a foreign origin. Even though the National Registry of Natural Persons (Registre national des personnes physiques, RNPP) reports that 170 different nationalities are represented, 85% of all inhabitants are EU nationals. The most commonly found nationalities are Portuguese (15.6%), French (7.6%), Italian (3.7%), Belgian (3.3%), and German (2.1%). The largest non-EU communities are comprised of nationals originating from China (3714 individuals, 1.8%), Montenegro (3589, 1.2%), and Cape Verde (2621, 0.9%) (STATEC 2019).

Concerning the Luxembourgish diaspora, on 30 April 2018, the RNPP reported 61,300 Luxembourgish nationals living in 57 countries around the world. Of those, 87% resided in an EU Member State, with most of them (80%) registered in a neighbouring country: 18.793 in Belgium, 16,600 in France, and 14,156 in Germany. Outside the EU, the largest communities of Luxembourgers are located in the United States (2655 nationals), Switzerland (2070), Brazil (1658), Canada (354), and Argentina (185).

19.1.2 Diaspora Infrastructure

The Ministry of Foreign and European Affairs (MFEA) coordinates the Government’s action outside the country. It endeavours to promote a coherent approach in terms of diplomacy, defence, development, and immigration while simultaneously supporting strategic interests abroad in the political, economic, cultural, and consular realms. To do so, the MFEA is organised into one general secretariat and eight directorates, one of which is dedicated explicitly to consular issues.

Created in 2016, the Directorate of Consular Affairs and International Cultural Relations (later called “Directorate”) took over some tasks previously devoted to the Directorate of Protocol and the Chancellery. The latter remains responsible, among others, for the accreditation of the ambassadors and the administrative management of the diplomatic corps. The Directorate provides consular assistance to Luxembourgers facing difficult situations abroad. Within the Directorate, the Passport, Visa and Legalisation Office issues passports and apostille certificates, and is tasked with the legalisation of those documents issued by the Luxembourg authorities for submission to foreign countries’ public bodies.

To provide its assistance, the Directorate relies on a network of embassies and consulates. By the end of 2017, this network consisted of 37 diplomatic and consular missions, including 29 bilateral embassies, five permanent representations to international organisations, and three consulates general. Luxembourg is accredited to more than 70 countries by resident or non-resident ambassadors, officiating either from diplomatic missions or directly from Luxembourg itself.

Its consular corps totalled six career consul-generals located in Brussels, Shanghai, New York, San Francisco, Strasbourg, and Geneva; eleven consuls and six vice-consuls working in consular sections of the embassies; 147 honorary consuls and eight honorary consul-generals. The honorary consuls are not always Luxembourgish nationals, but may be persons who benefit from a broad professional network in their host country. Their primary task is to inform and advise Luxembourgish companies on business opportunities. However, depending on the gravity of the situation, they may equally provide consular assistance to Luxembourg nationals and their family members, either out of their own initiative or upon authorisation by the MFEA or the diplomatic mission to which they are attached.

MFEA does not rely on mobile consulates in countries and regions where it has no diplomatic or consular missions. In non-serviced countries, it urges Luxembourgers to contact the Belgian mission when assistance is required. The Convention on Consular Cooperation between Luxembourg and Belgium of 30 September 1965 codifies this collaboration.¹ Concluded before the entry into force of the Maastricht Treaty, it provides a wider scope of assistance than foreseen under Council Directive 2015/637. The absence of representation in a region suffices to activate protection. Moreover, Belgian consular assistance is the default in case a Luxembourgish diplomatic or consular post is (temporarily) vacant. In countries where Luxembourg is not represented, Luxembourgers can apply for a passport at a Belgian diplomatic or consular mission. Passports issued by a Belgian diplomatic representation are temporary, however, and only valid for a year.

According to an opinion drafted by the Commission for Foreign and European Affairs, Defence, Cooperation and Immigration (2007), cooperation in the field of consular protection also exists with France and Germany, even though a legal basis akin Mémorial A51 remains absent. This assistance is only provided on an individual and discretionary basis. Moreover, for Luxembourg nationals who would need consular assistance outside office hours or during the weekend, the MFEA has settled a dedicated switchboard.²

The Directorate, cooperatively with the Ministry of Culture, also promotes Luxembourgish culture through its diplomatic network. For that purpose, it can make use of several ‘Houses’ of the Grand Duchy of Luxembourg, which are managed by the diplomatic posts. These are located in Berlin, New York, Tokyo, Warsaw, and London. Their mission is to highlight, and to an extent export, the cultural dimension of the country through different events (exhibitions, concerts, conferences…). In 2017, the ‘Houses’ shared a common budget of €146,000, which allowed them to carry out or associate with a hundred or so activities (MFEA 2017, p. 31). Another important body is the ‘Cultural Mission of Luxembourg’ (Mission culturelle du Luxembourg) set up in 2009 and run in collaboration with the Embassy of Luxembourg in Paris.

To better promote its commercial activities abroad, Luxembourg relies on 20 foreign trade advisers represented in the following countries: Germany, Canada, China, United Arab Emirates, United States of America, France, Indonesia, Iran, Italy, Kuwait, Laos, Lebanon, Russia, Singapore, Switzerland, and Vietnam. Each works in collaboration with the Chamber of Commerce (Chambre de Commerce), which endeavours to help Luxembourgish companies to develop and expand their business abroad.

19.1.3 Key Engagement Policies

The Grand-Ducal Regulation of 29 June 1923, regulating the consular service and introducing some taxes to be levied by agents of the consular corps,³ combined with the Law of 15 November 1971, translating the Vienna Convention on Consular Relations into domestic Luxembourg legislation,⁴ constitute the legal basis for consular assistance. Competencies required for and duties of consuls and diplomats are likewise set out in various internal guidelines not publicly available. Consular assistance originates in policy and, hence, is not a right as such. Article 16 of the Regulation of 1923 states that the consuls “owe help and protection to Luxembourgers travelling or residing abroad, and to their family members, as far as possible”. The assistance is discretionary and based on ad hoc decisions, contingent in full on the specific circumstances and degree of vulnerability of the national(s) requiring help.

Article 37bis, as amended by Article 3 of the Regulation of 2018, lists scenarios in which consuls can render assistance. These include: arrest or detention; being a victim of a crime or an offence; accidents or serious illness; deaths; aid and repatriation in emergency situations; and the need for temporary travel documents as provided for in Decision 96/409/CFSP.

For Luxembourgish nationals residing abroad, registration to the National Registry of Natural Persons is not mandatory to benefit from the assistance of diplomatic or consular missions. However, it becomes necessary if the national wants to benefit from a Luxembourgish passport and/or an ID card. Luxembourgers abroad can apply for an ID card to the eID applications service of the Government IT Centre (Centre des technologies de l’information de l’Etat). Requests can similarly be addressed to a diplomatic or consular mission. Honorary consulates do not possess the requisite competence to assist in this matter. For security reasons, the application still necessitates the physical presence of the future holder during the application process, even if the document is designated for a baby.

In May 2018, the MFEA launched “Luxembourgers Abroad” (Lëtzebuerger am Ausland; LamA),⁵ a new project that allows Luxembourgish nationals and members of their family to declare their permanent or temporary stay outside the Grand Duchy. In its annual report of 2017, the MFEA (2017, p. 11) explained that it initiated LamA due to the “proliferation, in recent years, of large-scale events abroad affecting a considerable number of citizens, especially in tourist areas and sites”. Another reason pointed to was the increasing mobility of nationals abroad.

The project’s primary objective is to facilitate assistance and repatriation in case of major disasters. The MFEA also foresees significant improvements regarding provision and acceleration of the consular assistance, for example, when identifying a national without documents and in communicating official information to Luxembourgers residing abroad (e.g. regarding national or European elections, or related to the location and opening hours of consular posts).

Luxembourgers living abroad, aged 18 or older, can exercise their political rights during the European and the national elections. To do so, voters must request their polling card from the college of mayor and council members of their municipality of registration between 10 weeks and 30 days before election day.⁶ The petitioners must declare under oath that their electoral rights have not been frustrated and adjoin a copy of a valid passport to their application.⁷ Embassies and the MFEA furnish detailed information on their website. To ease this procedure, a model form is available on the homepage of the embassies. Luxembourgers abroad may also send their request through MyGuichet.lu (with a LuxTrust certificate).⁸ The Commune, in turn, will send the ballot paper by registered mail, no later than 30 days before the election. Luxembourg nationals residing abroad are also permitted to participate in referenda organised by the Luxembourg Government aimed at modifying law or the Constitution.⁹ Like any other citizen, their eligibility to vote is contingent on inclusion on the electoral rolls for legislative elections on the day of the referendum is set to take place.

While the authorities have facilitated access to the Luxembourgish nationality for the descendants of Luxembourgers living abroad (Feyereisen & Pochon 2015, 261-262), these individuals have neither been accorded the right to vote in municipal elections nor are they themselves able to stand as a candidate in any election organised in the country: residence within the country is mandatory to exercise these electoral rights.

19.2 Diaspora Policies and Social Protection in Luxembourg

Luxembourg’s social security system includes schemes for the following situations: sickness, maternity, work-related accidents or diseases, pension, disability, survivor’s insurance, family benefits, unemployment, long-term care insurance, early retirement, and a guaranteed minimum income.¹⁰ It is both developed and supervised by the Ministry of Social Security and its General Inspectorate (Inspection générale de la sécurité sociale; IGSS). Public institutions, run by social partners, manage day-to-day operations.

Luxembourg is one of the most redistributive countries in terms of social protection (Eurostat 2019). However, no policy explicitly aims to facilitate access to social security for nationals residing abroad. Guichet.public.lu, together with some institutions involved in the social protection framework, do provide information on how to get access to social benefits beyond the borders of the Grand Duchy. Nevertheless, this information mainly targets frontier workers, posted workers, or Luxembourgish citizens residing in EAA countries or Switzerland.

The MFEA, on the other hand, only publishes travel notices about countries affected by epidemics, political crises, or terrorist attacks. Further, it provides useful information such as places to avoid and contact details of Luxembourgish embassies, consulates, or that of Belgian missions in non-serviced countries.

Consulates have no legal obligation to repatriate Luxembourg nationals staying permanently or temporarily abroad. However, in collaboration with the Directorate, they can organise the repatriation of Luxembourgers and their family members in exceptional circumstances: accident or severe illness, death, natural disaster, terrorist attack, epidemic, or political tensions. The MFEA developed LamA as a way to increase its responsiveness in cases requiring assistance to and/or repatriation of nationals. The Regulation of 1923, echoed by the MFEA and many embassies’ websites, mentions that under no circumstance will the MFEA or diplomatic/consular missions pay for hospitalisation, repatriation, or medicine. However, on a discretionary basis and in highly exceptional circumstances, an advance may be given if the beneficiary or her/his family has evidenced the requisite financial means to guarantee reimbursement.¹¹ The same conditions apply for the repatriation of corpses. In 2016, the Directorate, in coordination with the consulates, assisted the families of 10 Luxembourgers who died abroad by helping them navigate administrative hurdles or by ensuring the repatriation of the bodies (MFEA 2016, p. 8).

While consulates do not cover expenses in-cash, they often offer services in-kind. For example, they can advise on which institution to contact, find a lawyer, legalize documents, make available the infrastructure of the consulate (phone, internet, fax, etc.), contact the family of the national requiring help to pass on information, assist the national and his/her family with local procedures, collect money sent by relatives to pay for repatriation or treatment, etc.

Luxembourg is a Contracting Party to the consequential international and European legal instruments dedicated to consular protection. However, the rights of Luxembourgers living abroad are also determined by bilateral agreements. The Luxembourg Government has signed social security conventions with Albania, Argentina, Bosnia and Herzegovina, Brazil, Canada, Cape Verde, Chile, India, Japan, Macedonia, Moldova, Montenegro, Morocco, Quebec,¹² Serbia, Tunisia, Turkey, the United States, and Uruguay.¹³

Three principles govern these bilateral agreements: (1) equal treatment; (2) aggregation of periods of insurance; and (3) export of benefits. These agreements concern the employees as well as the self-employees.¹⁴ They apply to all individuals ensured in one of the Contracting Parties, without distinction of nationality, except for the conventions with Brazil and Cape Verde.¹⁵

Luxembourg has also signed bilateral agreements with EU countries, containing provisions which grant broader rights than those provided for in the EU Regulation 883/2004 or which regulate specific situations. These consist of the following instruments:

• Convention with Belgium of 24 March 1994 concerning the social security of frontier workers¹⁶;

• Convention with France of 7 November 2005 concerning specific provisions on social security¹⁷;

• Convention with Portugal of 10 March 1997 concerning the recognition of invalidity.¹⁸

Luxembourg has also signed treaties with 83 countries to avoid the double taxation of its citizens abroad.¹⁹

19.2.1 Unemployment

Beyond what is provided by the EU framework, unemployed Luxembourgers working and residing outside the Grand Duchy do not have any special facility to access unemployment in their home country. Similarly, the consulate services have no outlined role in facilitating or assisting Luxembourg nationals in claiming any welfare entitlements.

The Agency for the Development of Employment (Agence pour le Développement de l’Emploi; ADEM) provides information about the portability of the unemployment benefits in the European Economic Area and Switzerland.²⁰ ADEM has also a specific section on its website dedicated to the frontier workers living in the neighbouring countries. While these individuals do not benefit from the Luxembourg unemployment allowance, registration as a jobseeker at the ADEM is permitted.²¹ As a result, the jobseeker has access to the vacancies advertised by the Luxembourgish agency.²² The caveat being that it is necessary to comply with the requirements set forth by the Luxembourgish legislation, which include, for example, regular meetings with the ADEM civil servants. This policy has a direct impact on those Luxembourg nationals working in Luxembourg while residing in Germany (2980 Luxembourgers), Belgium (3160), or in France (2480).²³ In facilitation of this process for those people residing in Germany, France or Belgium, with previous vocational experience in Luxembourg, the ADEM sends forms duly completed by jobseekers’ former employer(s) to the employment agency in their country of residence.

Self-employed cross-border workers, having had to discontinue their sole activity based in Luxembourg, may likewise claim unemployment benefits from the State. To do so, several conditions must be fulfilled (e.g. ADEM registration) so as to justify at least 6 months of activity within the Grand Duchy, and one must reside in Belgium, Bulgaria, Cyprus, Croatia, Estonia, Latvia, Liechtenstein, Lithuania, France, Iceland, Italy, Malta, the Netherlands, Norway, or in the United Kingdom.²⁴

The bilateral conventions signed with Bosnia and Herzegovina, Macedonia, Morocco, Serbia, Tunisia, and Turkey include provisions related to unemployment benefits, specifically addressing the temporal employment threshold that ought to be met to qualify for unemployment benefits. However, under no circumstances, is the Luxembourgish jobseeker allowed to export his unemployment benefits. These conventions also commit the Contracting States to take into account any family members residing in Luxembourg when calculating benefits.

19.2.2 Health Care

The Luxembourg authorities have not developed any specific policies to assist nationals living abroad to benefit from health coverage. The Luxembourgish health care system is State-funded, guaranteeing basic medical assistance to each citizen. To benefit from it, affiliation with the Joint Centre for Social Security (Centre commun de la sécurité sociale) is mandatory. All employees contribute to the system on the basis of their professional activities in Luxembourg. Coverage also extends to spouses/partners and children.

On its website, the MFEA posts health-related reminders for people who are planning to travel. From time to time, it also provides more extensive and/or specific general information relating to particular countries, if the Ministry is aware of a public health problem. However, the majority of information is directed mainly at travellers. The National Health Fund (D’Gesondheetskeess/Caisse nationale de santé; CNS) similarly distributes information online specific to those people needing medical treatment abroad. It foresees mainly two scenarios: (1) the resident who prefers to have a medical examination in their country of origin; and (2) the traveller who needs urgent medical assistance, both of which supposedly are contribution-based benefit-holders.²⁵ It is worthwhile to mention that the CNS has dedicated one section of its website to the cross-border workers.²⁶ Both the CNS and the MFEA advise to complement basic coverage with additional private insurance. No webpage or brochure provides information about access to the health care system in the host countries. However, the consulates can advise Luxembourgers living abroad on how to access health care in their country of residence. As aforementioned, in rare and exceptional circumstances, financial advances can be granted to people “in exceptional distress” for repatriation. To that end, severe illness and accidents have been included in the regulation of 1923. In any case, guarantees of reimbursement, from the national or her/his family, are mandatory.

Except for those signed with Canada and Cape Verde, all bilateral agreements concluded by Luxembourg provide for voluntary health insurance. Moreover, the conventions signed with Bosnia and Herzegovina, Cape Verde, Macedonia, Montenegro, Morocco, Quebec, Serbia, Tunisia, and Turkey contain provisions for an occupational accident and occupational disease insurance. These countries require a ‘certificate of entitlement’ evidencing that the holder is insured and has the right to in-kind benefits during their stay. The social security institutions of these countries, as a consequence, then apply the same rates and tariffs, under the same conditions, as would be for their own citizens. The forms are available online on the CNS website and must be completed at least 15 days prior to departure.²⁷

19.2.3 Pensions

Neither residence nor nationality is a relevant criterion to gain access to the pension scheme developed by the Luxembourgish authorities. The main requirements are: (1) to have reached the legal age for retirement in Luxembourg, meaning 65 years old; and (2) to have paid, during a period of 120 months at minimum, contributions to a pension plan (irrespective of whether this insurance is compulsory, continued, optional, or a retroactive purchase). Either way, the request for pension benefits must be submitted in one’s country of residence first. The National Pension Insurance Fund (Caisse nationale d’assurance pension; CNAP)²⁸ provides information to individuals residing abroad who fulfil the requirements to claim a pension in Luxembourg.

The CNAP serves as the point of contact for all employees (except civil servants) and non-salaried workers with questions regarding their pension insurance. Civil servants must contact the Contingency Fund for Civil Servants and Municipal Employees (Caisse de prévoyance des fonctionnaires et employés communaux) upon retirement. In its Annual Report 2017, the IGSS (2017, 142) stated that, in December 2016, 46.8% of pensions paid out by the CNAP were to non-resident beneficiaries, Luxembourg nationals and foreigners combined.

To benefit from their pension abroad, the Luxembourgers, like any other non-resident beneficiary, each year must complete the life certificate sent to them by the CNAP and return it by snail mail. Consulates have no legal obligation to help Luxembourg nationals to access their pension. However, they are entitled to certify life certificates. In a parliamentary question, two deputies of the Christian Social People’s Party (Chrëschtlech-Sozial Vollekspartei) have pointed to the arduous nature of the procedure.²⁹ In his response, the Minister of Social Security highlighted that, in 2017, the CNAP sent 81,692 life certificates to beneficiaries residing in 101 countries.³⁰ He also emphasised the progress made to improve the exchange of information between the relevant institutions and the plan to abandon the life certificate altogether. In this spirit, the CNAP has concluded agreements with the Deutsche Rentenversicherung for Germany, the Caisse nationale d’assurance vieillesse for France, and the Service fédéral des pensions for Belgium. CNAP has also initiated negotiations with the pension funds of Italy and Portugal.

Each year, CNAP organises “International Information Days”. At this occasion, experts from Luxembourg and its border countries give free advice concerning the pension rights of cross-border workers.³¹ In 2018, two such events were organised in Luxembourg, nine in Germany, and three in France. Civil society can similarly request these information days as, in the past, has been done by the Portuguese community.

All the bilateral agreements signed by Luxembourg cover occupational old-age, invalidity, and survivors’ pensions. CNAP provides a link on its website to each of the respective bilateral conventions.³² In addition to the aforementioned treaties, Luxembourg maintains a bilateral agreement with Portugal concerning the mutual recognition of the disability status of pension applicants. This instrument offers a solution for an issue faced by many Portuguese entitled to a disability pension in Luxembourg but, in the eyes of the Portuguese authorities, qualified as fully able to work. It mainly pertains to Portuguese citizens who began their professional career in Portugal and now reside in Luxembourg.

19.2.4 Family-Related Benefits

Family benefits offered by the Luxembourg Government are not linked to the nationality of the children or parents, but attach to one’s residence and/or employment in the Grand Duchy.³³ The Fund for the Future of Children (Zukunftskees – Caisse pour l’avenir des enfants) manages access to the various allowances.

In consequence, some Luxembourgers living abroad remain entitled to receive family-related benefits, such as general family allowances, the ‘back to school’ allowance, the additional special allowance for biological and adoptive children, the prenatal allowance, and the birth allowance.³⁴ These nationals, who have one or more children in their household, can also obtain a tax reduction for dependent children. Children of cross-border workers may benefit from an orphan’s pension. Specific sections of the Fund for the Future of Children’s website are dedicated to these specific beneficiaries. In principle, it is the country of residence that, as a general rule, primarily pays out family benefits (monthly). The EAC then complements the difference between the aggregate benefits provided by the country of residence and those one is entitled to by virtue of Luxembourgish legislation. This so-called “differential complement” (complément différentiel) is paid out on a half-yearly basis.

Only the convention with Cape Verde, a large Portuguese-speaking community in Luxembourg, foresees the export of family allowances. The conventions with Argentina, Bosnia and Herzegovina, Macedonia, Montenegro, Morocco, Moldova, Montenegro, Serbia, Tunisia, Turkey, and Uruguay each stipulate that family benefits are granted according to the legislation of the country residence of the child.

Consular services are not expected to assist nationals living abroad to access family benefits in their host countries. However, they can help them to identify relevant institution(s) or scheme(s) within the host country, provide a list of lawyers or sworn translators, or indicate where to go for the legalisation or apostille of official documents. Consulates can likewise provide aid when registering a new-born, a marriage, a divorce, or a death. If the Luxembourg nationals want their baby to be recognised as Luxembourgish, the new-born will have to be registered with the RNPP. As already stated, this administrative procedure can be done electronically. In case the nationals residing abroad do not have a Luxtrust certificate (mandatory to access one’s data), the consulate can help to obtain one.

19.2.5 Economic Hardship

The National Social Action Service (Service national d’action sociale) is an administrative body under supervision of the Ministry of Family Affairs, Integration and the Greater Region. It was established in 1986 by the law introducing a guaranteed minimum income (Revenu minimum guaranti – RMG). It is to ensure the execution of Chapter II of the Law of 29 April 1999³⁵ RMG and coordinate the actions of those authorities and organisations involved.³⁶ The National Solidarity Fund (Fonds national de solidarité), in turn, is mandated to handle the various social assistance benefits in existence, including the RMG.

Residence is a strict conditions for the provision of the RMG. Article 2, point 1.a, of the Law of 29 April 1999 states that, to get access to the RMG, the individual must “benefit from a right of residence on the territory of the Grand Duchy, to be domiciled there and to reside there effectively”. The same requirement applies for benefits provided to people enduring economic hardship, or those wanting to rely on housing subsidies or social inclusion income.

Consular agents are not obliged to assist nationals in economic hardship. However, on a discretionary basis and dependent on the degree of vulnerability, assistance may be granted by identifying the relevant local administrations, NGOs and scheme(s) available in the host country, by producing or requesting to the appropriate home institutions the possible mandatory documents and, if needed, by providing the infrastructure of the consulate to request help from family or friends. Furthermore, direction may be provided to initiate the administrative procedures needed to activate poverty alleviation services in the country of residence. Consular agents can also contact the family to organise travel aiming at reunification. In such a case, the family in question must produce evidence of financial resources that guarantees reimbursement.

Access to guaranteed minimum resources or other schemes that aim to help nationals in economic hardship abroad is not included in any of the bilateral conventions concluded by the Luxembourgish Government.

19.3 Conclusions

Luxembourg is a small country whose nationals abroad reside abroad live primarily in the EU. Besides, its diplomatic and consular missions handle a relatively small number of individual cases per year: 80 in 2017, most of them related to the temporary or prolonged detention of nationals in a foreign country, deaths, severe disease or accidents (MFEA 2017, p. 10). As diplomatic and consular missions require human and financial resources, the Luxembourg authorities have kept their diplomatic and consular network tightknit. However, a longitudinal collaboration with the Belgian authorities has for years reinforced the services provided. By virtue of the convention on consular protection between Belgium and Luxembourg, Luxembourgers abroad can access assistance in the majority of countries.

Luxembourgish authorities have not developed any specific social protection policy targeting nationals residing outside the Grand Duchy. Consequently, many Luxembourgers abroad do not have access to the (predominantly tax-based) family benefits, guaranteed minimum resources, and long-term care benefits. Yet, the different tools developed to inform (e.g. via Guichet.public.lu) those nationals abroad, whether it be temporarily or permanently, and to enable them to perform administrative procedures (e.g. via LamA) is indicative of the willingness of the Luxembourgish authorities to ease and reinforce their relationship with their nationals abroad.

Actually, due to the attractiveness of the labour market and its high immigration rate, the social protection policies developed by the Luxembourg Government these last decades focused particularly on the integration of foreigners and on assistance to cross-border workers. As a direct consequence, many Luxembourgers and their family members have access to social protection benefits. The plethora of bilateral agreements concluded by the Luxembourgish authorities facilitate access to some social security benefits for Luxembourgers residing in these specific countries. However, these remain predominantly linked to former professional activities in the Grand Duchy and, by extension, fail to help the most vulnerable.