Applying for a residence document for British nationals and members of their family who are nationals of a third country, covered by the Withdrawal Agreement

British nationals ceased to be considered EU citizens on 1 February 2020. However, the rules on the free movement of persons will continue to apply to British nationals and their family members until the end of the transition period (31 December 2020) provided for in the Withdrawal Agreement reached by the United Kingdom and the European Union.

They are still entitled to reside in Luxembourg not only during but also after the end of the transition period.

Although entitlement to residence and the associated rights will remain similar to those they currently enjoy as EU citizens, they will be required to obtain a new residence document attesting that they are beneficiaries of the Withdrawal Agreement; this will replace the current residence permit.

Who is concerned

The following must apply for the new residence document:

  • British nationals residing in Luxembourg at the end of the transition period (i.e. prior to 1 January 2021);
  • nationals of third countries who are family members of a British national and residing in Luxembourg at the end of the transition period (i.e. before 1 January 2021);
  • British nationals and their family members who already benefit from the right of residence or the right of permanent residence in Luxembourg and who are temporarily away at the end of the transition period.

The following persons are deemed to be family members:

  • the applicant's spouse (husband/wife);
  • the registered partner;
  • any unmarried children under the age of 18 of the British national and/or his/her spouse/partner, on condition that they are in their custody and care. In the event of joint custody, the other custodian must have given consent;
  • any unmarried adult children of the British national and/or his/her spouse/partner, as long as they are not eligible for any other category of residence permit (for people in paid employment, students, etc.). In this last case, the sponsor – i.e. the person on whom the family member depends – must be able to prove that his/her monthly financial resources amount to at least the social minimum wage;
  • the direct relatives in the ascending line (parents) of the sponsor or his/her spouse/partner, as long as they are not eligible for any other category of residence permit (for people in paid employment, people with own adequate income/financial resources, etc.). In this last case, the sponsor – i.e. the person on whom the family member depends – must be able to prove that his/her monthly financial resources amount to at least the social minimum wage.

The following persons are not required to apply for a new residence document:

  • British nationals who also hold the nationality (dual nationality) of one of the European Union Member States or one of the other states of the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein), or the Swiss Confederation. These persons are not required to apply for a new residence document, but they are free to do so if they so choose;
  • the family members of a British national who themselves have the nationality of a European Union Member State, or one of the other states of the Agreement on the European Economic Area (Norway, Iceland, Liechtenstein), or the Swiss Confederation. These persons are not required to apply for a new residence document, but they are free to do so if they so choose;
  • British nationals who have:
    • a diplomatic card (carte diplomatique); or
    • a legitimation card (carte de légitimation); or
    • another residence document issued for members of the resident diplomatic and consular corps as well as for officials and other agents of the institutions, organs and bodies of the European Union and international organisations with their headquarters or simply established in Luxembourg.

All holders of any one of these 3 documents will retain their status after Brexit as long as they meet the conditions for obtaining such a document. They are therefore not required to apply for a new residence document:

In the event that they are in possession of one of these documents at the end of the transition period and can no longer avail themselves of this document, including after 30 June 2021, they may apply to benefit from their rights under the Withdrawal Agreement.

Prerequisites

To be entitled to a new residence document, applicants must be entitled to reside in the Grand Duchy at the time of application.

Deadlines

Applications for a new residence document must be submitted within 6 months of the end of the transition period provided for in the Withdrawal Agreement, i.e. 31 December 2020 - so no later than 30 June 2021.

Applications may be submitted from 1 July 2020.

How to proceed

Filing an application

Applicants must fill in and sign a residence document application form and send it by post to the Immigration Directorate of the Ministry of Foreign and European Affairs (Direction de l’Immigration du ministère des Affaires étrangères et européennes).

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).

Application processing time

Applications are processed in order of receipt.

When their application has been processed, applicants will receive a letter inviting them to make an appointment with the Immigration Directorate of the Ministry of Foreign and European Affairs in order to have their photograph and fingerprints taken, which will be incorporated into the residence permit. The applicant may also bring a recent photograph compliant with OACI/ICAO standards ('biometric passport standards').

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 new residence document will be valid from the first day after the end of the transition period - in principle, then, from 1 January 2021. The duration of validity of the residence document varies according to the type of document it replaces (either 5 or 10 years).

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

Important: current residence documents (registration attestation, permanent residence certificate, residence permit for family members of an EU citizen, permanent residence permit for family members of an EU citizen) will remain valid until:

  • the end of the transition period; or
  • their new residence document is issued, for those people who have not received their new residence document by the end of the transition period.

Forms / Online services

Application for a residence document for a British national and his/her family member, 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 ressortissant britannique et le membre de sa famille, 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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