The family reunification is a right exposed in the article 8 of the European Convention on human rights. In Luxembourg (and in many other European countries) the family reunification for the family members with third country national nationality is different according to the status of the principal “migrant”.
The rights of the family members are attached to the principal “migrant”.
Family life is a right found in Article 8 of the European Convention on Human Rights. Luxembourg applies European policy as a large number of European countries.
Family reunification for European Union citizens
The family members are authorised to join the main “migrant”, if this one is a citizen of the European Union. Are considered as family members:
- The spouse or the registered partner
The partner in a de facto union (long-lasting and duly attested relationship, cohabitation of at least 1 year before the demand and/or a common child whose they have parental authority)
- The children of the EU citizen or of his/her spouse/partner,younger than 21 or who are supported
The direct ascendants of the EU citizen or of his/her spouse/partner to support
- Any other family member who was supported or was a part of the household in the country of origin, and/or of which the citizen necessarily has to take care owing to his/her health.
Family reunion for national citizens from a third country
Here are the family members authorised to join the main “migrant”, if the main “migrant” is a national from a third country:
- The registered spouse or partner aged more than 18
- The main “migrant”‘s or his/her spouse/partner’s children aged under 18 or supported
The Minister can also allow (but it is not a right as for the first two categories):
- Ascendants (mother and father) of the migrant or his/her spouse or partner, when they are supported and deprived from the necessary family support in their country of origin
- The migrant’s single major children or his/her spouse or partner’s ones, when they objectively cannot meet their own needs owing to their state of health.
If the main “migrant” is a national from a third country that is not in the European Union, the period of wait before obtaining the family reunification depends on his/her personal status.
For a “migrant” holder of a “salaried” residence permit, the period of wait will be of one year, while for the highly-qualified, that is, the holder of a “Carte Bleue Européenne” residence permit, the family entry and settlement is directly authorised.