Third-country nationals who are family members of an EU citizen or Luxembourg national may stay in Luxembourg provided that they are effectively considered to be a family member and after having performed certain formalities.

Who is concerned

'EU citizens' are nationals of an EU Member State.

Nationals of the other Contracting Parties of the European Economic Area Agreement (Norway, Iceland and Liechtenstein) and the Swiss Confederation are treated as EU citizens.

The following are considered to be family members:

• the spouse;
• the registered partner;
• the direct descendants (sons or daughters) of the EU citizen or of their spouse/partner if the child is under 21 or is under their care;
• the direct ascendants (father or mother) if they are under the care of the EU citizen or their spouse/partner;
• any other family member if:
  • in their country of origin, they are dependent on or belong to the household of the EU citizen beneficiary of the right to reside in the country; or
  • for any serious health issues, the EU citizen will personally cover the needs of the family member in question;
• the non-registered partner (cohabitation - common-law union) with whom the EU citizen has a duly demonstrated long-term relationship. These partners cannot be linked to another person through marriage, declared partnership or long-term relationship. The long-term nature of the relationship is assessed according to how strong, long-lasting and stable the links between the partners are, including, in concrete terms:
  • uninterrupted legal cohabitation lasting at least a year before the request;
  • a common child for whom they share parental responsibility.

Family members of Luxembourg nationals are treated as family members of EU citizens.

Prerequisites

The citizen of the EU or of a country treated as such (Iceland, Liechtenstein, Norway and Switzerland) being joined must meet the conditions to legally stay in Luxembourg for less than 3 months or more than 3 months.

The right of residence of an EU citizen and members of their family is conditional on them not becoming unreasonably dependent on the social welfare system. This dependency is currently assessed by considering criteria including the amount and duration of the non-contributory benefits paid, as well as the period of residency.

Preliminary steps

Before entering the country, a third-country national wishing to stay in Luxembourg must hold a valid passport.

If a third-country national does not require a visa, they may enter Luxembourg.

If they require a visa, they must apply for a visa to enter Luxembourg. The visa must be obtained before entering Luxembourg. The documentation required to obtain a visa varies according to the type of family member.

The application can be:

• sent to the Immigration Directorate;
• or submitted to a Luxembourg diplomatic post or consulate or, failing that, to the embassy or consulate of the country in the Schengen area which represents Luxembourg for the issuance of visas (only the Belgian embassy or consulate).

The application must indicate the applicant's identity (last name and first name[s]) as well as their exact address in their country of residence. Several documents must be attached, depending on the situation.

Sponsor's spouse or registered partner:

• a copy of the spouse's or the partner's valid passport, in its entirety. The passport must be valid for at least another 6 months;
• a certificate attesting to the marriage or registered partnership (marriage certificate, registered partnership certificate, family record book, etc.);

• a copy of the registration certificate of the EU citizen accompanied or joined.

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

• a copy of the child's valid passport, in its entirety. The passport must be valid for at least another 6 months;
• proof of the family relationship with the EU citizen they are accompanying or joining (e.g. birth certificate, family record book, etc.);
• in the event of the child being aged over 21: proof that he or she is under the care of the person they are accompanying or joining (e.g. proof of financial support, proof of education of the descendant);
• if the parents are divorced (only applicable to children aged under 18):
  • a copy of the ruling granting custody of the child aged under 18 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 attesting to their agreement to the child moving to Luxembourg (accompanied by an identity document for the parent residing abroad);
• a copy of the registration certificate of the EU citizen accompanied or joined.

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

• a copy of the parent's valid passport, in its entirety. The passport must be valid for at least another 6 months;
• proof of the family relationship with the EU citizen they are accompanying or joining (e.g. sponsor's or their spouse/partner's birth certificate or family record book);
• a copy of the ascendant's marital status certificate;
• proof that the ascendant is under the care of the person they are accompanying or joining (e.g. proof of financial support);
• a copy of the registration certificate of the EU citizen accompanied or joined.

Non-registered partner (free union) with whom the EU citizen has a duly demonstrated long-term relationship

• a copy of the non-registered partner's valid passport, in its entirety. The passport must be valid for at least another 6 months;
• a copy of the identity documents of the EU national or the Luxembourg citizen they are joining;
• a copy of the registration certificate of the EU citizen accompanied or joined;
• 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 of the long-term 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 been in uninterrupted lawful cohabitation for at least a year prior to the application (residence certificate and/or household composition certificate issued in the country in which they were in cohabitation) as well as proof that the partners were residing lawfully in their last country of residence (residence permit issued by the country of residence concerned); or
  • alternatively: any proof demonstrating the long-term nature of the relationship.

A type D' visa will be issued with a validity period of 3 months. The visa is provided free of charge. When the visa is granted, it is affixed in the passport in the form of a stamp or seal.

This visa gives the right of entry into Luxembourg and the right to stay there during its period of validity as well as freedom of movement within the Schengen area countries during the same period.

Within 3 months of arriving in Luxembourg, the family member must come in person to the offices of the authority of their commune to submit an application to obtain a 'residence permit for a family member of an EU citizen'.

How to proceed

Before entering the country

For a stay of more than 3 months, third-country nationals considered to be family members are only obliged to hold a valid passport and, where applicable, to hold an entry visa before arriving in Luxembourg.

If the family member holds a valid residence permit for family members issued by the Luxembourg authorities or another EU Member State, they do not require a visa to enter Luxembourg.

In the event that a third-country national and family member of an EU citizen does not hold a valid travel document and, where applicable, a visa when they enter Luxembourg, all reasonable means will be accorded to allow them to obtain the documents required in a reasonable time frame.

After entering the country: applying for a residence permit

Within 3 months of arriving in the Grand-Duchy, third-country national family members must register with the offices of the authority of their commune of residence and apply for a residence permit for a family member, on which they must give their last name, first name(s) and exact address.

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

• a copy of the valid passport, in its entirety.

Important: the following documents are not required for persons holding a type D visa issued before entering the country for family reunification purposes. However, they are required for persons entering Luxembourg without a visa or with a document other than the type D visa (residence permit issued by another Member State or tourist visa):

• if they are the spouse or registered partner: a certificate of marriage or registered partnership, or a family record book extract;

• if they are a descendant (son or daughter): proof of the family relationship with the EU citizen (child's birth certificate, family record book, etc.). If the child is aged under 21, proof that he or she is under the care of the person they are accompanying or joining (e.g. proof of financial support, proof of education of the descendant, etc.) must also be provided;
• if they are an ascendant (father or mother): proof of the family relationship with the EU citizen (birth certificate, family record book, etc.) and proof that he or she is under the care of the person they are accompanying or joining (e.g. proof of financial support, proof of education of the descendant, etc.);
• if they are a non-registered partner (free union): proof of the existence of a long-term relationship with the EU citizen:
  • 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 of the long-term 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 been in uninterrupted lawful cohabitation for at least one year prior to the application (residence certificate and/or household composition certificate issued by the country in which they were in cohabitation) as well as proof that the partners were residing lawfully in their country of residence (residence permit issued by the country of residence concerned); or
    • alternatively: any proof demonstrating the long-term nature of the relationship.

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 certified by the embassy (or notarised with a Hague apostille).

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

The communal authority sends the application for a residence permit to the Immigration Directorate of the Ministry of Foreign and European Affairs (MAEE). The processing time at the MAEE is in principle 6 months at the most.

A copy of the application for a residence permit is provided to the applicant in the form of a receipt. It has the same legal status as a residence permit for a maximum period of 6 months. This receipt cannot however be used as a travel document outside Luxembourg.

If the residence permit is granted, the applicant will receive a letter inviting them to make an appointment with the Immigration Directorate of the MAEE 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 must make an appointment to come and pick up their residence permit in person at the Immigration Directorate.

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

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

Validity period of the residence permit

The validity period of the residence permit runs from the residence permit application date.

It is valid for 5 years or for the envisaged period of stay of the EU citizen, if the period is less than 5 years.

The validity of the residence permit is not affected:

• temporary absences not exceeding 6 months per year; or
  
• by absences of more than 6 months for military service obligations; or
  
• by uninterrupted absences of a maximum of 12 consecutive months for significant reasons, such as pregnancy, childbirth, studies or professional training, or posted work.

Residence permit renewal

Within 2 months before the expiry date of the residence permit, the third-country national must renew their residence card.

Applications should be submitted to the MAEE's Immigration Directorate online using MyGuichet.lu or by post using a special form (see 'Forms / Online services').

Submitting the application online

The application for a residence permit is available on MyGuichet.lu. The online procedure can be completed:

• with authentication using:
  • a LuxTrust product (e.g. Smartcard, Signing stick or Token); or
  • an electronic identity card (eID); or
• without authentication.

The application can also be submitted via the MyGuichet.lu mobile app. In order to do so, applicants must:

• have a private eSpace; and
• link their private eSpace with the MyGuichet.lu mobile app.

Submitting the application by post

If the application is submitted by post, the application form and the supporting documents indicated hereafter must be sent to the Ministry of Foreign and European Affairs.

Supporting documents

The following documents must be attached to the application:

• a copy of the valid passport, in its entirety.

A copy of the application for renewal of a residence permit is provided to the applicant in the form of a receipt. It has the same legal value as a residence permit for a maximum period of 6 months. This receipt cannot however be used as a travel document outside Luxembourg.

Carrying out a professional activity

Third-country nationals who are family members of an EU citizen have the right to carry out a paid or unpaid professional activity without requesting prior authorisation.

Death of the EU national, annulment of the marriage or break-up of the partnership

The death of the EU citizen does not result in their family member losing their right of residence if they had been living in Luxembourg for at least one year at the time of death of the EU citizen.

The EU citizen's departure from the country does not result in their children and the parent who has custody (spouse, registered or non-registered partner, father or mother) losing their right of residence if they have been lawfully living in the country, even for less than a year, and the children are enrolled in an educational establishment for the duration of their studies.

The divorce, annulment of the marriage or break-up of the partnership (whether or not registered) does not result in the family members losing their right of residence if one of the following conditions is met:

• the marriage or partnership lasted at least 3 years before the start of legal divorce/annulment proceedings or the break-up, at least one year of which was spent in Luxembourg;
• custody of the children of the EU citizen (or national of a country treated as such) was granted to the third-country national spouse or partner, by way of an agreement between the spouses or partners or by court order;
• it is necessitated by particularly difficult circumstances, particularly in the event of break-up due to acts of domestic violence;
• the spouse or partner benefits, by way of an agreement between the spouses or partners or by court order, from the right to visit their child who is a minor, on condition that the judge has ruled that the visits should take place in the country, and for as long as they are deemed necessary.

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

Who to contact