During the transition period as foreseen by the Withdrawal Agreement concluded between the United Kingdom and the European Union, British citizens remain subject to the same rules and procedures as EU citizens.
Third-country nationals who are family members of an EU citizen or Luxembourg national may stay in Luxembourg for less than 3 months provided that they are effectively considered to be a family member, and after having performed certain formalities.
Who is concerned
"EU citizens" are nationals of an EU Member State.
Nationals of the other Contracting Parties of the European Economic Area Agreement (Norway, Iceland and Liechtenstein) and the Swiss Confederation are treated as EU citizens.
The following are considered to be family members:
- the spouse;
- the registered partner;
- the direct descendants (sons or daughters) of the EU citizen or of their spouse/partner if the child is under 21 or is under their care;
- the direct ascendants (father or mother) if they are under the care of the EU citizen or their spouse/partner;
- any other family member if:
- in their country of origin, they were under the care or were a member of the household of the EU citizen benefiting from the authorisation to stay; or
- for any serious health issues, the EU citizen will personally cover the needs of the family member in question;
- the non-registered partner (cohabitation - common-law union) with whom the EU citizen has a duly demonstrated long-term relationship. These partners cannot be linked to another person through marriage, declared partnership or long-term relationship. The long-term nature of the relationship is assessed according to how strong, long-lasting and stable the links between the partners are, including, in concrete terms:
- uninterrupted legal cohabitation lasting at least a year before the request;
- a common child for whom they share parental responsibility.
Any person claiming to be a dependent must provide proof of financial support, i.e. proof of poverty in the country of origin, or proof of regular payments (bank transfers, agency transfers, etc. stating the name of the sender and the beneficiary) made to them by the person they wish to join in Luxembourg. These transfers must have been made regularly over a period of at least 6 months before the family reunification request was submitted. The amounts to be taken into account must have been sufficient to cover the needs of the applicant in the country of origin.
Family members of Luxembourg nationals are treated as family members of EU citizens.
Specific case of a third-country national wishing to come to Luxembourg to get married:
There is no specific provision for entering the country for a marriage. Third-country nationals wishing to marry an EU citizen, including a Luxembourg national, in Luxembourg must follow the normal procedure for a short stay, request a short-stay visa if applicable and meet the conditions of entry and for a short stay.
The citizen of the EU or of a country treated as such (Iceland, Liechtenstein, Norway and Switzerland) being joined must meet the conditions to legally stay in Luxembourg for less than 3 months or more than 3 months.
The right of residence for an EU citizen and members of their family is conditional on them not becoming unreasonably dependent on the social welfare system. This dependency is currently assessed by considering criteria including the amount and duration of the non-contributory benefits paid, as well as the period of residency.
Before entering the country, third-country nationals wishing to stay in Luxembourg must hold a valid passport.
If a third-country national does not require a visa, they may enter Luxembourg.
If they require a visa, they must apply for a visa to enter Luxembourg. The visa must be obtained before entering Luxembourg. The documentation required to obtain a visa varies according to the type of family member.
If third-country nationals hold a valid family member residence permit issued by the Luxembourg authorities or another EU Member State, they do not require a visa to enter Luxembourg.
How to proceed
For a stay of less than 3 months, third-country nationals considered to be family members are only required to hold a valid passport and, where applicable, to hold an entry visa before arriving in Luxembourg.
If the family member holds a valid authorisation to stay as a family member issued by the Luxembourg authorities or another EU Member State, they do not require a visa to enter Luxembourg.
The family member may also leave Luxembourg to enter another EU Member State without needing to obtain an exit visa or equivalent.
In the event that a third-country national and family member of an EU citizen does not hold a travel document and, where applicable, a visa when they enter Luxembourg, all reasonable means will be accorded to allow them to obtain the documents required in a reasonable time frame.
Carrying out a professional activity
Third-country nationals who are family members of an EU citizen have the right to carry out a paid professional activity without requesting prior authorisation.
However, the employer must declare the vacant position to the National Employment Agency (Agence pour le développement de l'emploi – ADEM) before recruiting the third-country national, and prove that he has done so.
Forms / Online services
Documents to be presented by a third-country national for a visa application to join a Union citizen or a Luxembourg national
Documents à produire par un ressortissant de pays tiers lors de la demande d'un visa en vue de rejoindre un citoyen de l'Union ou un ressortissant luxembourgeois