Third-country nationals who are family members of an EU citizen or Luxembourg national may stay in Luxembourg for less than 3 months 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 were under the care or were a member of the household of the EU citizen benefiting from the authorisation to stay; 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 to reside 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, third-country nationals wishing to stay in Luxembourg must hold a valid passport.

If the 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.

If third-country nationals hold a valid family member residence permit issued by the Luxembourg authorities or another EU Member State, they do not require a visa to enter Luxembourg.

How to proceed

Entering Luxembourg

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

If the family member holds a valid authorisation to stay as a family member 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 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.

Carrying out a professional activity

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

However, the employer must declare the vacant position to the National Employment Agency (Agence pour le développement de l'emploi - ADEM) before recruiting the third-country national, and prove that he has done so.

Forms / Online services

Who to contact