Third-country nationals who wish to get comfortable in Luxembourg for over 3 months as a feature of family reunification with another third-country public should follow a technique comprising of 2 back to back stages:
1st step: before entering the territory:
Request a temporary residence permit from the Immigration Department of the Ministry of Foreign and European Affairs;
- Be in possession of a valid passport;
- For people subject to a visa requirement to enter Luxembourg: after obtaining the temporary residence permit, apply for a type D visa ;
- 2nd step: after entering the territory:
- Make a declaration of arrival to their new municipality of residence in Luxembourg;
- Submit to a medical check-up ;
- Then apply for a residence permit.
A residence permit and a residence permit are required for any third country (ie a country that is neither member of the EU, nor considered as assimilated to the Member States of the EU – Iceland, Norway, Liechtenstein, and Switzerland) who resides abroad and wishes to establish his residence in Luxembourg and join a member of his family there who is a third-country national.
The application for a residence permit must be submitted before entering the territory. However, he can mandate a third party to carry out the necessary procedures. This concerns member of the family of a third-country national, themselves third-country nationals (that is to say of a country which is not a member of the European Union or assimilated), who wish to join this last to stay with him in Luxembourg.
The definition of family member includes:
The spouses or registered partner of the sponsor, over 18 years of age when applying for family reunification (family reunification of a spouse is not allowed in the event of a polygamous bona fide marriage if the sponsor already has a spouse living with him in Luxembourg); the unmarried children under 18 of the applicant and/or spouse or partner under their custody and the charge for which, in cases of shared custody, the other custody holder has agreed; the direct ascendants in the first degree (mother and father) of the unaccompanied minor beneficiary of international protection.
The Minister may extend family reunification, after the applicant has legally resided for at least 12 months in Luxembourg territory, at (x): first-degree ascendants in the direct line of the sponsor or his or her spouse or partner (mother and father), when they are dependent and deprived of the necessary family support in their country of origin;
Unmarried adult children of the sponsor or his or her spouse or partner, when they are objectively unable to meet their own needs because of their state of health;
The legal guardian or any other member of the family of the unaccompanied minor, beneficiary of international protection, and having no direct ancestors. Note that a third-country national who is a family member of a citizen of the Union (or of an assimilated country), must obtain a residence permit. The procedure to follow depends on the length of stay:
- less than 3 months ;
- more than 3 months ;
- more than 5 years.
Specific case: a specific simplified procedure for a newborn child in Luxembourg
A simplified procedure exists for a newborn child in Luxembourg nationals relatives from third countries in legal residence in Luxembourg. This child is granted, on request, a residence permit as a “family member”. The request must be made using a specific form and adding the following documents:
A photo meeting ICAO / ICAO standards;
Proof of payment of a tax of 80 euros on the IBAN account LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: Ministry of Foreign and European Affairs, Directorate of Immigration; communication: residence permit in the head of… ).
Specific case: third-country national who wishes to come to Luxembourg for a marriage
There is no specific provision for entry into the territory with a view to marriage. The third-country national who wishes to enter into a bona fide marriage with a third-country national legally residing in Luxembourg must follow the normal procedures for a stay of fewer than 3 months. He should also apply, if necessary, for a short-stay visa and fulfill the conditions for entry and short-stay.