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Visas, residence permits, family reunion

Visa and residence permit, family reunion Luxembourg

Visas and residence permits

Free circulation for the European Union nationals

Every national from the European Union (EU) or an assimilated country benefits from the free circulation within the EU, what gives him/her the right to live and to work in any country of the EU, among which Luxembourg.
All the nationals from the States having agreed with the agreement on the European Economic Area (Iceland, Liechtenstein and Norway) and the nationals from Swiss Confederacy are likened to the EU citizens.
The Croatian nationals however have to ask for the delivery of a working authorisation to be able to practice a salaried activity in Luxembourg.

Staying in Luxembourg for less than 3 months

The EU nationals have no procedure to make in order to stay in Luxembourg for less than 3 months, subject to the measures planned by the various municipal regulations relative to the holding of population registers.They have to be in possession of a national ID card or of a valid passport.

Staying in Luxembourg for more than 3 months

The European nationals wishing to live in Luxembourg for more than 3 months have to be in possession of a national ID card or of a valid passport.
They have to make a statement of arrival with the municipal administration of the place where they intend to live. They also have to fill, within the 3 months of their arrival, a statement of registration as a European citizen on the basis of which an “attestation of registration” is immediately delivered to them.
After a continuous stay of 5 years in the Grand Duchy of Luxembourg, the EU national can ask to benefit from the right of permanent stay in Luxembourg or from the Luxembourg nationality. He/She also acquires the voting right for certain elections.
Family members are allowed to join the main “migrant” if the latter is a citizen of the European Union.
The list of documents to be supplied depends on the EU citizen’s status and is available on www.guichet.public.lu or on the website of the Ministry of Foreign and European Affairs.

Residence permit mandatory for the nationals from the third countries

Residence permit

The residence permit granted in Luxembourg depends on the status of the nationals that are not part of the EU (employee, independent, student, searcher, professional sportsman, au pair, etc.). Family reunification is subject to a particular treatment as well.
The list of documents to present, according to the activity, is available for consultation on www.guichet.public.lu or on the website of the Ministry of Foreign and European Affairs.

Medical examination of foreigners in order to obtain a residence permit

The immigration medical service organise medical checks for foreigners (non E.U) requesting a residence permit in Luxembourg. Those who request a residence permit have to undergo a medical examination and TB screening. The tests must be carried out by a GP, a doctor specializing in internal medicine or a pediatrician.
The TB screening, however, is only done by the Ligue médico-sociale.
This procedure is applied to all non EU citizens or assimilated countries (Norway, Switzerland, Iceland, Lichtenstein).

How to move a family member to Luxembourg

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.

To know more about how to integrate in Luxembourg , click here.