A third-country national who wishes to come to Luxembourg for a period of more than 3 months for reasons of family reunification with another third-country national must follow a procedure in two consecutive steps:

• Step 1: before entering the country:
  • submit an application for a temporary authorisation to stay to the Immigration Directorate of the Ministry of Foreign and European Affairs;
  • hold a valid passport;
  • for persons subject to visa requirements in order to enter Luxembourg: request a type D visa after having obtained the temporary authorisation to stay;

• Step 2: after entering the country:
  • make a declaration of arrival in the new commune of residence in Luxembourg;
  • undergo a medical check;
  • submit an application for a residence permit.

Who is concerned

Every third-country national (i.e. a national from a country which is not an EU Member State or a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) requires an authorisation to stay and then a residence permit if they live abroad and wish to reside in Luxembourg with a family member who is also a third-country national.

The application for an authorisation to stay has to be submitted by the third-country national before entering the country. However, the third-country national can mandate a third party (i.e. such as the their family member living in Luxembourg) to submit the application on their behalf.

This procedure applies to third-country nationals who are family members of a third-country national (i.e. a national of a country which is not an EU Member State or a country treated as such) who wishes to join their family member(s) in Luxembourg.

Family reunification is not possible for all family members. The definition of a family member includes:

• the spouse or registered partner of the sponsor, aged 18 or over at the time of the application for family reunification (family reunification for a spouse is not allowed in the case of polygamous marriages, i.e. if the sponsor already has a spouse living in the family Luxembourg);
• the unmarried children under 18 of the sponsor and/or the spouse or partner for whom they have custody and where the children are dependent on them, or, in the case of shared custody, where the other party sharing custody has given their consent;
• the first-degree direct ascendants (mother and father) of unaccompanied minors who have been granted international protection.

The minister may widen the possibilities for family reunification to the following persons provided the applicant has lawfully resided in Luxembourg for at least 12 months:

• first-degree direct ascendants of the sponsor or their spouse or partner (mother and father), where they are dependent on the sponsor or their spouse or partner and lack the necessary family support in their country of origin;
• unmarried children aged 18 or over of the sponsor or their spouse or partner, where they are objectively unable to provide for their own needs on account of their state of health;
• the legal guardian or any other family member of an unaccompanied minor who has been granted international protection and who has no direct ascendants.

Specific case: simplified procedure for children born in Luxembourg

There is a simplified procedure for children born in Luxembourg to parents who are third-country nationals, and who are residing legally in Luxembourg. Such new-born children will be granted, on application, a "family member" residence permit. The application must be submitted on a specific form together with the following documents:

• a copy of their valid passport, in its entirety;
• a photo complying with ICAO/OACI standards;
• proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: Ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').

Specific case: 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 a third-country national legally residing in Luxembourg must follow the normal procedure for a stay of less than three months. If necessary, they must also apply for a short-stay visa, and must meet the conditions for entry and for a short stay.

Prerequisites

In order to bring their family to Luxembourg, third-country nationals residing in Luxembourg (the 'sponsor') must meet a number of conditions. They must:

• demonstrate the intention to apply for a long-term residence permit;
• provide proof that they have stable, regular and sufficient resources (salary, wages, income from assets) to support themselves and the family members under their care, without having to resort to social welfare. The level of the resources of the third-country national who is applying for family reunification for members of their family is assessed with reference to the average monthly minimum wage of an unskilled worker over a period of 12 months. The resources of the third-country national must be at least equivalent to this reference level. The prospective assessment of the likelihood of maintaining stable, regular and sufficient resources is based on a prognosis that the resources will reasonably be available during the year following the date of submission of the application for family reunification, so that the sponsor does not have to resort to the social assistance system. The Minister may take into account the sponsor's income during the 6 months preceding the application. Where the applicant's level of resources does not reach 'the level referred to' in the preceding paragraph, the Minister may nevertheless issue a favourable decision, taking into account the evolution of the applicant's situation, in particular in relation to the stability of their employment and income or in relation to the fact that they are the owner of their dwelling or benefit from free of charge housing;
• have appropriate accommodation to host the family member(s) (floor area of at least 12 m² for the first occupant and 12 m² per additional occupant, with natural light through windows that can be opened and closed properly and which measure at least 1/10 of the floor area, heating, running water, electricity, etc.);
• have health insurance cover for themselves and the family member(s) (health insurance certificate or certificate of co-insurance covering their stay in Luxembourg issued by a Luxembourg or foreign social security body and/or by a private insurance company).

The condition of a stay of a determined minimum duration in Luxembourg does not apply in the following cases:

• for the sponsor who wishes to bring their minor children to Luxembourg if the sponsor has sole custody;
• for the sponsor with an "EU Blue Card" (highly qualified worker)", "transferred worker" or "researcher" or who has long-term resident status in another EU Member State and who is exercising the right to reside in Luxembourg and whose family was already established in the other Member State. These persons may be accompanied by their spouse or registered partner, as well as their unmarried children aged under 18, when they enter Luxembourg.

The family member of the sponsor must, when planning their journey:

• check whether or not they have to obtain a visa to enter the Schengen area;
• hold a valid passport which, where applicable, has the required visa.

How to proceed

Step 1: before entering the country

Application for an authorisation to stay

The third-country national must submit an application for a temporary authorisation to stay (on plain paper) from their country of origin:

• to the Immigration Directorate of the Ministry of Foreign and European Affairs, or;
• to a Luxembourg diplomatic or consular representation or to a diplomatic or consular mission representing Luxembourg.

The application for a temporary authorisation to stay must contain the applicant's identity details (surname(s), first name(s) and address) and must be accompanied by the following documents and information:

• the sponsor's proof of sufficient resources to cover their needs and those of their family members (e.g. payslips, tax return, income from assets) at least equivalent to the minimum wage for unskilled workers over a period of 12 months. The proof must cover the 12 months prior to submitting the application;
• proof of suitable housing in Luxembourg of the sponsor and the members of their family (e.g. least contract, property deed - a floor area of at least 12 m² for the first occupant and 9 m² per additional occupant, with natural light through windows that can be opened and closed properly and which measure at least 1/10 of the floor area, heating, running water, electricity, etc.);
• proof of health insurance cover for the sponsor and their family members (certificate of medical cover or certificate of co-insurance for health care during their stay in Luxembourg issued by a Luxembourg or foreign social security body and/or a private insurance company);
• where necessary, a power of attorney.

These documents are not required for applicants for an authorisation to stay as a highly skilled worker ("EU Blue Card"), a transferred worker or a researcher who submit the application for an authorisation to stay for their family members at the same time as their own application.

The documents enclosed must be originals or certified true copies. Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).

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

Additional documents to be attached depending on the case

Sponsor's spouse or registered partner:

• a copy of the entire valid passport of the spouse/partner;
• a recent extract from the criminal records or a sworn affidavit by the spouse/partner in their country of residence;
• a certificate attesting to the marriage or registered partnership (marriage certificate, registered partnership certificate, family record book, etc.).

Descendants (children) of the sponsor or sponsor's spouse/partner:

• a copy of the child's entire valid passport;
• proof of the family relationship with the sponsor (child's birth certificate, family record book, etc.);
• if the parents are divorced (only applicable to children aged under 18):
  • a copy of the ruling granting custody of the minor child to the parent residing in Luxembourg; and
  • if the other parent has visiting or accommodation rights: the notarised authorisation of the parent residing abroad attesting to their agreement to the child moving to Luxembourg (accompanied by an identity document for the parent residing abroad);
• in the case of shared custody (only applicable to children aged under 18): the notarised authorisation of the parent who does not reside in Luxembourg duly authorising the child to move to Luxembourg (accompanied by an identity document for the parent residing abroad).

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

• the copy of the entire valid passport of the ascendant;
• a recent extract from the criminal record or a sworn affidavit established in their country of residence;
• a document attesting to the family relationship (e.g. birth certificate of the sponsor or the sponsor's spouse/partner);
• a document certifying the applicant's marital status and family situation, as well as proof that they do not have the necessary family support in their country of origin (e.g. family record book or any equivalent document issued by the authorities of the applicant's country of origin, etc.);
• proof that the parent was under the responsibility of the sponsor prior to the application for family reunification (e.g. proof of regular payments by the sponsor to the parent's address);
• a document attesting the financial situation of the parent in their country of origin (e.g. proof of the parent's own resources, such as income, assets, etc.).

The documents enclosed must be originals or certified true copies (except for the passport where a plain copy will suffice). Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or alternatively notarised with an apostille of the Hague).

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

Deadline for the response from the Ministry of Foreign and European Affairs

The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 9 months. If no response is received within this time, the application has been rejected. In exceptional cases linked to the complexity of the examination of the application, this deadline may be extended.

In case of a favourable reply, the third-country national receives a 'temporary authorisation to stay' sent by post. This temporary authorisation to stay is valid for a duration of 90 days. During that time, the third-country national must:

• either apply for an entry visa to the Schengen area, if they are subject to visa requirements;
• or, if they are not subject to visa requirements, enter Luxembourg territory and make a declaration to the administration of the commune where they reside.

After entering Luxembourg, the third-country national must take steps to obtain a residence permit.

Passport and visa

If they do not require a visa, the third-country national may enter Luxembourg with their authorisation to stay and their passport.

If the third-country national does require a visa, they must apply for a type D visa before their trip and from their country of origin. The application, along with their authorisation to stay, must be submitted to:

• to the Luxembourg diplomatic or consular body in their country of origin;
• or, failing that, to the embassy or consulate of the country in the Schengen area which represents Luxembourg for the issuance of long-stay visas (only the Belgian embassy or consulate).

The visa, valid for a maximum period of 3 months, is affixed in the passport in the form of a seal.

If the third-country national has a valid residence permit for family members of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. The third-country national must nonetheless have a temporary authorisation to stay.

Step 2: after entering the country

Declaration of arrival

When entering Luxembourg territory, the third-country national must hold valid travel documents (visa and passport, where applicable), as well as their temporary authorisation to stay.

They must make a declaration of arrival at the administration of the commune where they intend to establish residence, within 3 days of arrival in Luxembourg, presenting:

• a valid travel document (passport and, where applicable, a visa or a residence permit or authorisation issued by another EU Member State);
• the original temporary authorisation to stay;
• a valid proof of address (i.e.: rental agreement, electricity bill, etc.), where applicable.

The applicant will receive a copy of the declaration of arrival as a receipt.

The copy of the declaration of arrival together with the temporary authorisation to stay are valid as an authorisation to stay until the residence permit is issued.

Medical check

The third-country national must undergo a medical check for foreigners as soon as possible which consists of:

• a medical examination by a doctor established in Luxembourg and authorised to work as a general practitioner, a practitioner specialised in internal medicine or pediatrics; and
  
• a tuberculosis (TB) screening performed at a medical analysis laboratory (with a prescription from the doctor who performed the medical examination) or at the Health and Social Welfare League (Ligue médico-sociale - LMS), for any person aged 2 years and over; and
• a tuberculosis screening using a tuberculin test at the Health and Social Welfare League (Ligue médico-sociale - LMS) for children aged between 2 months and 2 years.

After receiving the results of these examinations, the Health Inspection (Inspection sanitaire) of the Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the Immigration Directorate of the Ministry of Foreign and European Affairs to allow the residence permit application to be processed.

Residence permit application

Third-country nationals must submit an application for a residence permit for third-country nationals to the Immigration Directorate of the Ministry of Foreign and European Affairs within 3 months of entry into Luxembourg.

The following documents must be sent together with the residence permit application form:

• a copy of their valid passport, in its entirety;
• a copy of the declaration of arrival established by the communal authority;
• proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL; beneficiary: Ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').

When the application is approved, the applicant 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 permit takes the form of a chip card containing the biometric data. It also contains the work permit.

The residence permit includes information about its holder (surname(s), first name(s), nationality, date and place of birth), as well as specific information about the residence permit (permit category, period of validity of permit).

Certain residence permit categories include additional information in the 'observations' field. In the case of the residence permit for a "family member", the observations on the permit includes information on eligibility for work.

Validity period and renewal

Period of validity of the residence permit

The residence permit is valid from the date of the declaration of arrival at the commune. It is renewable on request as long as the eligibility conditions are met.

Holders of a "family member" residence permit are eligible for:

• education and professional guidance;
• training;
• advanced training and retraining courses.

Holders of a residence permit who wish to carry out a professional activity can submit an application to carry out an ancillary activity as a family member, or submit an application for a residence permit for salaried workers or for self-employed workers.

The first residence permit is valid for one​​​ year.

Renewal of the residence permit

In order to renew a residence permit, third country nationals must apply to the Immigration Directorate of the Ministry of Foreign and European Affairs (Ministère des Affaires Étrangères et Européennes) within 2 months prior to the expiry date of the residence permit.

The application for renewal must be filed using a special form and must be accompanied by the following documents:

• a copy of their valid passport, in its entirety;
• a recent certificate of affiliation with the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS) which must include all the third-country national's affiliations with the Luxembourg social security or a recent certificate certifying that the third-country national is a co-insured party for social security;
• a recent extract from the criminal record in Luxembourg (if the applicant is aged 18 or over);
• proof of payment of a fee of EUR 80 to account IBAN LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: Ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').

After 5 years of a legal and uninterrupted stay in Luxembourg, they may directly submit an application to obtain long-term resident status.

Holders of a family member residence permit may, after a maximum of 5 years of residence, apply for a residence permit in their own right, independently of the sponsor, provided they can prove that they have sufficient resources.

In the event of a change in the family situation (divorce, dissolution of registered partnership, marriage annulment, death of the sponsor), family members who can demonstrate 3 years of legal residence in Luxembourg may apply for a residence permit in their own right (on paper), so that they are no longer dependent on the residence permit of the sponsor.

Family members may also apply for a residence permit in their own right (on plain paper), without having to meet the three-year residence condition where a couple relationship has broken down under particularly difficult circumstances, notably due to domestic violence.

Loss, theft or damage to the residence permit

If the residence permit is lost, stolen or damaged, a special procedure needs to be followed.

Forms / Online services

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