Applying for a residence document for a family member, whether a British national or a third-country national, covered by the Withdrawal Agreement – for persons arriving after 31 December 2020

From 1 January 2021, the rules on the free movement of persons no longer apply to British nationals and the members of their family.

However, by virtue of the Withdrawal Agreement, British nationals and their family members who acquired a right of residence in Luxembourg before 1 January 2021 keep their right of residence after 1 January 2021 under a specific status, that of a beneficiary of the Withdrawal Agreement.

Under certain conditions, the family members of a British national, beneficiary of the Withdrawal Agreement, who settle in Luxembourg on or after 1 January 2021 are also beneficiaries of the Withdrawal Agreement and therefore enjoy a right of residence.

In order to assert their rights under the Withdrawal Agreement, the persons concerned must have a residence document certifying their status as beneficiaries of the Withdrawal Agreement.

Who is concerned

British nationals concerned

In order for their family to join them, British nationals who are beneficiaries of the Withdrawal Agreement must have obtained the status of beneficiary of the Withdrawal Agreement on the basis of an autonomous right of residence (employee, self-employed, etc.) that was acquired by 31 December 2020.

Persons who, at the end of the transition period, had a right of residence as family members only do therefore not have an autonomous right to be joined by their family on the basis of the Withdrawal Agreement.

Family members concerned

The following persons are deemed to be family members:

  • the spouse of the sponsor (the British national) or their registered partner, if the marriage or partnership was contracted before 1 January 2021;
  • the direct descendants (children) of the sponsor born before 1 January 2021 and under 21 years of age or who are dependent, as well as the direct descendants of the spouse or partner;
  • children born or legally adopted on or after 1 January 2021 and who, at the time of application, are under 21 years of age or are dependent, but only if:
    • both parents are British nationals, beneficiaries of the Withdrawal Agreement; or
    • one of the parents is a British national, beneficiary of the Withdrawal Agreement, and the other parent is a Luxembourg national; or
    • one of the parents is a British national, beneficiary of the Withdrawal Agreement, and has sole or joint custody of the child;
  • the dependent direct ascendants (parents) and those of their spouse/partner;
  • only in the case of prior approval by the Immigration Directorate of the Ministry of Foreign and European Affairs: the partner with whom the British national, beneficiary of the Withdrawal Agreement, has a lasting, duly attested relationship. This relationship must be deemed to be lasting before the end of the transition period.

Family members who are not concerned

The following persons are not concerned:

  • the person who does not meet the conditions to be considered as a family member listed above;
  • the family member of a British national who is a national of a Member State of the European Union or of one of the signatory States to the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein) or of the Swiss Confederation.

Such family members may avail themselves of the rights deriving from their nationality and are not required to apply for a residence document as a beneficiary of the Withdrawal Agreement. However, they may make such an application if they so wish.

Prerequisites

In order for their family to join them, British nationals who are beneficiaries of the Withdrawal Agreement must have obtained the status of beneficiary of the Withdrawal Agreement on the basis of an autonomous right of residence acquired on 31 December 2020.

Deadlines

The application to obtain the new residence document must be submitted no later than 3 months after arrival in Luxembourg.

Costs

The residence document is issued free of charge.

How to proceed

Filing an application

The applicant must complete and sign the application form for a residence document and send it by post to the Immigration Directorate of the Ministry of Foreign and European Affairs.

To facilitate the processing of applications, all members of the same family (e.g. spouses and children) are asked to submit their residence permit applications together, at the same time.

Supporting documents

Applicants must include the following valid supporting document to their application:

  • for British nationals: a copy of their ID card or passport;
  • for third country nationals who are family members of a British national: a full copy of their passport (all pages).

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

Additional supporting documents as appropriate

Depending on the situation of the family member, other documents must be attached to the application.

Spouse or registered partner

  • a document certifying the existence of the marriage or registered partnership before 1 January 2021 (marriage certificate, partnership certificate, family record book, etc.).

If the document is not in German, French or English, a certified translation by a sworn translator must be attached.

Descendant (child) of the sponsor or of the sponsor's spouse/partner, born before 1 January 2021

  • proof of the existence of a family link with the sponsor or their spouse/partner (child's birth certificate, family record book, etc.);
  • if the child is over 21 years of age: proof that the child was dependent before 1 January 2021 and is still dependent at the time of the application (proof of financial support, proof of the child's schooling, etc.);
  • in the event of divorce (only for minor children):
    • the judgement awarding custody of the minor child to the parent residing in Luxembourg;
    • if the other parent has visiting or accommodation rights: an authorisation made before a notary by the parent residing abroad in which they give their consent for the minor child to settle in Luxembourg (accompanied by an identity document of the parent residing abroad);
  • in the case of shared custody (only for minor children): an authorisation made before a notary by the parent who does not reside in Luxembourg in which they give their consent for the minor child to settle in Luxembourg (accompanied by an identity document of the parent who resides abroad).

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

Descendant born or adopted after 1 January 2021

  • proof of the existence of a family link with the sponsor or their spouse/partner (child's birth certificate, family record book, etc.);
  • where applicable, the judgment awarding sole or joint custody of the minor child to the British national, beneficiary of the Withdrawal Agreement.
Reminder: for these persons, reunification is only possible if:
  • both parents are British nationals, beneficiaries of the Withdrawal Agreement; or
  • one of the parents is a British national, beneficiary of the Withdrawal Agreement, and the other parent is a Luxembourg national; or
  • one of the parents is a British national, a beneficiary of the Withdrawal Agreement, and has sole or joint custody of the child.

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

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

  • proof of the existence of a family link with the sponsor or their spouse/partner (birth certificate, family record book, etc.);
  • extract of the ascendant's civil status record;
  • proof that the ascendant was dependent on the sponsor or their spouse/partner before 1 January 2021 and is still dependent at the time of the application (proof of financial support).

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

Non-registered partner (common-law union) with whom the British national has a lasting relationship

  • proof that neither of the non-registered partners is related to another person by marriage, registered partnership or long-term relationship (civil status extract, certificate of celibacy, household composition certificate and/or residence certificate issued by the last country of residence);
  • proof that a lasting relationship existed before 1 January 2021 and continues to exist at the time of application;
  • proof of the lasting nature of the relationship:
    • in the case of a common child: proof that the partners share parental responsibility for the child (the child's birth certificate, proof that the partner provides financial support for the child, residence certificate and/or household composition certificate issued by the last country of residence); or
    • in the case of cohabitation:
    • proof that the partners have cohabited legally and uninterruptedly for at least one year before 1 January 2021 (certificate of residence and/or certificate of household composition issued by the country in which they cohabited); and
    • proof that the partners' stay in their last country of residence was lawful (residence permit issued by the country of residence in question); or
    • alternatively: any proof demonstrating the long-term nature of the relationship.

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

Application processing time

As soon as the application is processed, the applicant receives a letter inviting them to make an appointment with the Immigration Directorate of the Ministry of Foreign and European Affairs, for the purpose of taking a photo and fingerprints to be included in the residence permit.

A few days after the biometric data have been collected, the applicant can pick up the residence permit in person at the Immigration Directorate, by appointment.

The residence document takes the form of a chip card containing biometric data.

Validity period

The residence document is valid for 5 years.

As long as the conditions for obtaining the residence document continue to be met, it will be renewable on request.

Loss, theft or destruction of the document

In the event of loss, theft or destruction of the document, the family member may request its replacement.

Forms / Online services

Application for a residence document for a family member, British national or third-country national, as beneficiaries of the Withdrawal Agreement

To complete your application, the information about you collected from this form needs to be processed by the public administration concerned.

That information is kept by the administration in question for as long as it is required to achieve the purpose of the processing operation(s).

Your data will be shared with other public administrations that are necessary for the processing of your application. For details on which departments will have access to the data on this form, please contact the public administration you are filing your application with.

Under the terms of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, you have the right to access, rectify or, where applicable, remove any information relating to you. You are also entitled to withdraw your consent at any time.

Additionally, unless the processing of your personal data is compulsory, you may, with legitimate reasons, oppose the processing of such data.

If you wish to exercise these rights and/or obtain a record of the information held about you, please contact the administration in question using the contact details provided on the form. You are also entitled to file a claim with the National Commission for Data Protection (Commission nationale pour la protection des données), headquartered at 15, boulevard du Jazz L-4370 Belvaux.

By submitting your application, you agree that your personal data may be processed as part of the application process.

Demande d’un document de séjour pour un membre de famille, ressortissant britannique ou ressortissant d’un pays tiers, qui sont bénéficiaires de l’Accord de retrait

Les informations qui vous concernent recueillies sur ce formulaire font l’objet d’un traitement par l’administration concernée afin de mener à bien votre demande.

Ces informations sont conservées pour la durée nécessaire par l’administration à la réalisation de la finalité du traitement

Les destinataires de vos données sont les administrations compétentes dans le cadre du traitement de votre demande. Veuillez-vous adresser à l’administration concernée par votre demande pour connaître les destinataires des données figurant sur ce formulaire. Conformément au règlement (UE) 2016/679 relatif à la protection des personnes physiques à l'égard du traitement des données à caractère personnel et à la libre circulation de ces données, vous bénéficiez d’un droit d’accès, de rectification et le cas échéant d’effacement des informations vous concernant. Vous disposez également du droit de retirer votre consentement à tout moment.

En outre et excepté le cas où le traitement de vos données présente un caractère obligatoire, vous pouvez, pour des motifs légitimes, vous y opposer.

Si vous souhaitez exercer ces droits et/ou obtenir communication de vos informations, veuillez-vous adresser à l’administration concernée suivant les coordonnées indiquées dans le formulaire. Vous avez également la possibilité d’introduire une réclamation auprès de la Commission nationale pour la protection des données ayant son siège à 15, boulevard du Jazz L-4370 Belvaux.

En poursuivant votre démarche, vous acceptez que vos données personnelles soient traitées dans le cadre de votre demande.

Who to contact

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