Applying for a residence document for a family member, whether a British national or third-country national, as beneficiaries of the Withdrawal Agreement – for persons arriving after 31 December 2020
Last update
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 General Department of immigration of the Ministry of Home 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 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 can make such an application if they so wish;
- the person who does not meet the conditions to be considered as a family member listed above;
- family members of a British national who did not obtain the status of beneficiary of the Withdrawal Agreement on the basis of an autonomous right of residence acquired on 31 December 2020 (see under 'Prerequisites').
Persons belonging to one of the latter 2 categories may, where applicable, apply for a residence document as a:
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 issue of the residence document is free of charge.
How to proceed
Submitting the application
Applicants must fill in and sign the application form for a residence document and send it by post to the General Department of immigration.
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
When their application has been processed, applicants will receive a letter inviting them to make an appointment with the General Department of immigration in order to have their photograph and fingerprints taken, which will be incorporated into the residence permit.
A few days after the biometric data have been collected, the applicant can pick up their residence permit in person at the General Department of immigration, 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.
Online services and forms
Who to contact
-
Ministry of Home Affairs General Department of immigration - Department for foreigners
- Address:
-
26, route d'Arlon
L-1140
Luxembourg
Luxembourg
B.P. 752 L-2017 Luxembourg
- Phone:
-
(+352) 247 84040
from 9.00 to 12.00 and from 14.00 to 16.00
- Fax:
- (+352) 22 16 08
- Email address:
- immigration.public@mai.etat.lu
enrolment and issuing of biometric residence permits: only by appointment
Related procedures and links
Procedures
Links
Legal references
portant sur la libre circulation des personnes et l'immigration
