Family member in Luxembourg

Residence permit

The sponsor or the family member directly or through an attorney must submit an application for an authorisation of stay for family reunification to the Directorate of Immigration before the family member's arrival in Luxembourg.

The Minister may, in exceptional cases, accept applications when the family members are already on the territory of Luxembourg.

Visa

Once granted, the family member must, if necessary, obtain a visa at the embassy or consulate in the country of origin within 90 days.

If a visa is not required, the family member must enter Luxembourg within 90 days of the granting of the residence permit.

For the purposes of the application for a residence permit to stay, your family member must show:

• documents proving the family relationship;
• a copy of his/her complete passport, certified as conforming to the original;
• a birth certificate;
• a criminal record or an affidavit.

Additional documents to be attached depending on the case

Sponsor's spouse or registered partner:

• a copy of the entire valid passport of the spouse/partner;
• a recent extract from the criminal records or a sworn affidavit by the spouse/partner in their country of residence;
• a certificate attesting to the marriage or registered partnership (marriage certificate, registered partnership certificate, family record book, etc.).

Descendants (children) of the sponsor or sponsor's spouse/partner:

• a copy of the child's entire valid passport;
• proof of the family relationship with the sponsor (child's birth certificate, family record book, etc.);
• if the parents are divorced (only applicable to children aged under 18):
  • a copy of the ruling granting custody of the child aged under 18 to the parents residing in Luxembourg; and
  • if the other parent has visiting or accommodation rights: the notarised authorisation of the parent residing abroad attesting to their agreement to the child moving to Luxembourg (accompanied by an identity document for the parent residing abroad);

In case of shared custody (only applicable to children aged under 18): the notarised authorisation of the parent who does not reside in Luxembourg duly authorising the child to move to Luxembourg (accompanied by an identity document for the parent residing abroad).

Ascendant (parent) of the sponsor or sponsor's spouse/partner:

• the copy of the entire valid passport of the ascendant;
• a recent extract from the police record or a sworn affidavit established in their country of residence;
• a document attesting the family relationship (e.g. birth certificate of the sponsor or the sponsor's spouse/partner);
• a document certifying the applicant's marital status and family situation, as well as proof that they do not have the necessary family support in their country of origin (e.g. family record book or any equivalent document issued by the authorities of the applicant's country of origin, etc.);
• Proof that the parent was under the responsibility of the sponsor prior to the application for family reunification (e.g. proof of regular payments by the sponsor to the parent's address);
• a document attesting the financial situation of the parent in their country of origin (e.g. proof of the parent's own resources, such as income, assets, etc.).

You must also present the following proofs, regarding your situation (as the person currently residing in Luxembourg):

• proof of stable and regular financial resources, sufficient to support yourself and family without having to rely on the social security system;
• proof of adequate accommodation;
• proof of health insurance for yourself and your family members;
• a copy of your residence permit in Luxembourg valid for duration of over one year.

The documents enclosed must be originals or certified true copies. Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).

If the documents are not drawn up in German, French or English, an official translation by a 'sworn translator' must be attached.

Processing time

The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 9 months. If no response is received within this time, the application has been rejected.

In case of a favourable reply, the third-country national receives a "temporary authorisation to stay" sent by post. This temporary authorisation to stay is valid for a duration of 90 days. During that time, the third-country national must:

• either apply for an entry visa to the Schengen area, if they are subject to visa requirements;
• or, if s/he is not subject to visa requirements, enter Luxembourg territory and make a declaration to the administration of the commune where he resides.

After entering Luxembourg, the third-country national must take steps to obtain a residence permit.

The family member must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 3 days of arrival in Luxembourg, presenting:

• a valid travel document (passport and, where applicable, a visa or a residence permit issued by another EU Member State);
• the original authorisation to stay;
• a valid proof of address (i.e.: rental agreement, electricity bill, etc.), where applicable.

The applicant will receive a copy of the declaration of arrival as a receipt.

The copy of the declaration of arrival together with the authorisation to stay serve both as a work permit and authorisation to stay until the residence permit is issued.

The family member must undergo a medical examination before applying for the residence permit.

Residence permit application

Third-country nationals must submit an application for a residence permit for third-country nationals to the Directorate of Immigration within 3 months of entry into Luxembourg.

The following documents must be sent together with the residence permit application:

• a certified copy of the pages with content of their valid passport;
• a copy of the authorisation to stay;
• a copy of the declaration of arrival established by the communal authority;
• proof of suitable housing (rental agreement, property deed, etc.);
• proof of payment of a fee of 80 EUR

Renewal of the residence permit

In order to renew a residence permit, third-country nationals must apply to the Directorate of Immigration within 2 months prior to the expiry date of the residence permit.

The application for renewal must be filed using a special form and must be accompanied by the following documents:

• a copy of the filled-in pages of the valid passport;
• a recent certificate of affiliation with the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS) which must include all the third-country national's affiliations with the Luxembourg social security or a recent certificate certifying that the third-country national is a co-insured party for social security;
• a recent extract from the criminal record in Luxembourg (if the applicant is aged 18 or over);
• proof of payment of a fee of EUR 80

Negative decisions related to authorisation to stay can be challenged before the First instance Administrative Court within three months of notification of the ministerial decision.

If the First instance Administrative Court rejects the appeal the decision a further appeal can be filed before the Administrative Court within 40 days of judgement notification.

Rules concerning access to the labour market of the family member of a third-country national depend on whether it is an accessory or main activity.

• Family member who wish to carry out a salaried activity on an ancillary basis:

A work permit is required for the third-country national before starting work.

The application for a work permit must be submitted by the third-country national. However, they may appoint a third party, such as the future employer, to carry out the necessary procedures.

In case the family member resides in Luxembourg for less than one year when the application is submitted, it will be submitted to the labour market test.

In case the person resides in Luxembourg for more than one year at the moment of the application, the labour market test is not required, but the employer must declare the post vacancy before considering the recruitment of the person. The employer must sign a contract with the third-country national. The contract may include a let-out clause specifying that the employment contract will not take effect until the work permit has been obtained. The employer must provide proof of the vacant position declaration to the third-country national, who must joint it to their work permit application.

• Third-country nationals’ holders of a "family member" residence permit who wish to carry out paid employment or self-employment as their main activity.

Family members must apply for a salaried worker residence permit or for an independent worker residence permit.

Family members must apply for a residence permit which allow them to work in Luxembourg according to the requirements established for salaried workers, independent workers or highly qualified workers.

The access of family members to the labour market is subject to certain conditions during the first year of residence (it is not a waiting period) after the family reunification. If the family member applies for an authorisation as a salaried worker, s/he can have access to the labour market but is subject to a labour market test during the first year of residence.

During the first year of his/her legal employment on the territory, the family member holding a “salaried worker” residence permit shall have access to the labour market, limited to a single sector and a single occupation with any employer.

Another possibility is that the spouse can apply as a self-employed worker if s/he fulfils the required conditions.

If the third-country national family member fulfils the conditions of a highly qualified worker, s/he will not be subject to the labour market test and will have immediate access to the labour market.

Holders of a "family member" residence permit are eligible for:

• education and professional guidance;
• training;
• advanced training and retraining courses.

Holders of a family member residence permit may, after a maximum of 5 years of residence, apply for a residence permit in their own right, independently of the sponsor, provided they can prove that they have sufficient resources.

In the event of a change in the family situation (divorce, dissolution of registered partnership, marriage annulment, death of the sponsor), family members who can demonstrate 3 years of legal residence in Luxembourg may apply for a residence permit in their own right (on paper), so that they are no longer dependent on the residence permit of the sponsor.

Family members may also apply for a residence permit in their own right (on plain paper), without having to meet the three-year residence condition where a couple relationship has broken down under particularly difficult circumstances, notably due to domestic violence.