Applying for a residence document for a British national and a member of their family, third-country national, as beneficiaries of the Withdrawal Agreement (for Luxembourg residents on 31 December 2020)
Last update
British nationals ceased to be considered EU citizens on 1 February 2020. However, the rules on the free movement of persons continued 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 were thus 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 remained similar to those they currently enjoy as EU citizens or family members of a EU citizen, they will be required to obtain a new residence document attesting that they are beneficiaries of the Withdrawal Agreement and replacing the residence document they previously held as a EU citizen or as a family member of a EU citizen.
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);
- third-country nationals 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 were 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 can apply for a new residence document, without being required to do so :
- 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, bodies, offices and agencies of the European Union and international organisations with their headquarters or established in Luxembourg.
All holders of any one of these 3 documents retained their status after the end of the transition period as long as they met the conditions for obtaining one of those 3 documents. They were therefore not required to apply for a new residence document at the end of the transition period.
In the event that they were in possession of one of these documents at the end of the transition period and can no longer avail themselves of this document after 30 June 2023, 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
The deadline for submitting applications was set at 30 June 2023. If the application is submitted after this deadline, the grounds justifying the delay must be specified in the application. On the basis of these grounds, the General Department of immigration (Direction générale de l’immigration) assesses whether the late application is admissible.
The deadline of 30 June 2023 does not apply to the following persons:
- 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 within the set deadline, 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 within the set deadline, 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, bodies, offices and agencies of the European Union and international organisations with their headquarters or established in Luxembourg.
All holders of any one of these 3 documents retained their status after the end of the transition period as long as they met the conditions for obtaining one of those 3 documents. They were therefore not required to apply for a new residence document at the end of the transition period.
In the event that they were in possession of one of these documents at the end of the transition period and can no longer avail themselves of this document after 30 June 2023, they may apply to benefit from their rights under the Withdrawal Agreement.
How to proceed
Submitting the application
Applicants must fill in and sign an application form for a residence document and send it by post to the General Department of Immigration of the Ministry of Home 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).
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. The applicant may also bring a recent photograph compliant with OACI/ICAO standards ('biometric passport standards').
A few days after the biometric data has been collected, the applicant can pick up the 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 duration of validity of the residence document varies according to the type of document (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. After 5 years of legal uninterrupted residence in Luxembourg, British nationals and their family members, who are beneficiaries of the Withdrawal Agreement concluded between the United Kingdom and the European Union, have a permanent right of residence.
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
