Last updated more than 5 years ago
All EU citizens, as well as members of their family (who are also EU citizens), enjoy freedom of movement within the EU, giving them the right to work and reside in any EU Member State.
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 "family members":
- the spouse;
- the registered partner;
- the direct descendants (sons or daughters) of the EU citizen or 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 with the right to reside; or
- the EU citizen is obliged to personally take care of the family member in question due to serious health problems;
- 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 the strength, the duration and the stability of the relation between the partners, including, in concrete terms:
- an uninterrupted legal cohabitation for at least a year before coming to Luxembourg;
- a common child for whom they share parental responsibility.
Any person claiming to be a dependent must provide proof that they have lived in the household of the person in question in the country of origin in the form of a certificate issued by the authorities of the country of origin, proof of financial support, i.e. proof of poverty in the country of origin, or proof of regular payments (bank transfers, agency transfers, etc. stating the name of the sender and the beneficiary) made to them by the person they wish to join in Luxembourg.
These transfers must have been made regularly over a period of at least 6 months before the family reunification request was submitted. The amounts to be taken into account must have been sufficient to cover the needs of the applicant in the country of origin.
Family members of Luxembourg nationals are treated as family members of EU citizens.
Example: a Portuguese national married to a Luxembourg national has the right to reside in Luxembourg as a family member and must complete a family member registration form (unless they meet the conditions for another category, such as salaried worker).
Nationals of an EU Member State or a country treated as such must, when planning their journey, hold a valid national identity card or passport.
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.
How to proceed
EU citizens, as well as their family members (who are also citizens of an EU country or of a country treated as such), who wish to come to Luxembourg to stay for less than 3 months (tourism, family visit, business trip, professional activity, etc.) do not have to carry out any procedures.
They merely have to hold a valid national identity card or passport.
However, if the EU citizen and their family members wish to stay for more than 3 months, they must complete certain formalities.
Carrying out a paid activity
EU citizens have the right to carry out a paid professional activity without having to request prior authorisation.