Non-EU Family Member of a Mobile EU Citizen

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 are dependent on or belong to the household of the EU citizen beneficiary of the right to reside in the country; 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.

'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.

Family members of Luxembourg nationals are treated as family members of EU citizens.

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.

Any person claiming to be a dependent must provide 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 an extended period of time 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. The analysis of applications is carried out taking into account the amounts of financial aid transferred, as well as the duration and regularity of the transfers.

Sponsor's spouse or registered partner: a copy of the spouse's or the partner's valid passport, in its entirety. The passport must be valid for at least another 6 months; a certificate attesting to the marriage or registered partnership (marriage certificate, registered partnership certificate, family record book, etc.). In the case of a marriage performed abroad between a Luxembourg and a foreign national, a transcript of the marriage in the civil status registers of the commune of residence in Luxembourg must also be enclosed. Descendants (children) of the sponsor or sponsor's spouse/partner: a copy of the child's valid passport, in its entirety. The passport must be valid for at least another 6 months; proof of the family relationship with the EU citizen they are accompanying or joining (e.g. birth certificate, family record book, etc.); in the event of the child being aged over 21: proof that he or she is under the care of the person they are accompanying or joining (e.g. proof of financial support, proof of education of the descendant); if the parents are divorced (only applicable to children aged under 18): a copy of the ruling granting custody of the child aged under 18 to the parent residing in Luxembourg; and if the other parent has visiting or accommodation rights: the notarised authorisation of the parent residing abroad attesting to their agreement to the child moving to Luxembourg (accompanied by an identity document for the parent residing abroad); in the case of shared custody (only applicable to children aged under 18): the notarised authorisation of the parent who does not reside in Luxembourg duly authorising the child to move to Luxembourg (accompanied by an identity document for the parent residing abroad). Ascendant (parent) of the sponsor or sponsor's spouse/partner: a copy of the parent's valid passport, in its entirety. The passport must be valid for at least another 6 months; proof of the family relationship with the EU citizen they are accompanying or joining (e.g. sponsor's or their spouse/partner's birth certificate or family record book); a copy of the ascendant's marital status certificate; proof that the ascendant is under the care of the person they are accompanying or joining (e.g. proof of financial support); Non-registered partner (free union) with whom the EU citizen has a duly demonstrated long-term relationship a copy of the non-registered partner's valid passport, in its entirety. The passport must be valid for at least another 6 months; a copy of the identity documents of the EU national or the Luxembourg citizen they are joining; proof that neither of the non-registered partners is related to another person by marriage, registered partnership or long-term relationship (civil status extract, certificate of celibacy, household composition certificate and/or residence certificate issued by the last country of residence); proof of the long-term nature of the relationship: in the case of a common child: proof that the partners share parental responsibility for the child (the child's birth certificate, proof that the partner provides financial support for the child, residence certificate and/or household composition certificate issued by the last country of residence); or in the case of cohabitation: proof that the partners have been in uninterrupted lawful cohabitation for at least a year prior to the application (residence certificate and/or household composition certificate issued in the country in which they were in cohabitation) as well as proof that the partners were residing lawfully in their last country of residence (residence permit issued by the country of residence concerned); or alternatively: any proof demonstrating the long-term nature of the relationship.

If the documents are not drawn up in German, French or English, a sworn translation by a certified translator must be attached.

The right of residence 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.

Any person claiming to be a dependent must provide 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 an extended period of time 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. The analysis of applications is carried out taking into account the amounts of financial aid transferred, as well as the duration and regularity of the transfers.

The entry visa for the family member of the EU citizen is issued free of charge.

For a stay of more than 3 months, third-country nationals considered to be family members are only obliged to hold a valid passport and, where applicable, to hold an entry visa before arriving in Luxembourg. If the family member holds a valid residence permit for family members issued by the Luxembourg authorities or another EU Member State, they do not require a visa to enter Luxembourg.

The entry visa for the family member of the EU citizen is issued free of charge.

Within 3 months of arriving in Luxembourg, third-country national family members must register at the communal administration of their place of residence and apply for a residence permit for a family member, on which they must indicate their last name, first name(s) and exact address.

The communal administration sends the application for a residence permit to the General Department of immigration of the Ministry of Home Affairs. The processing time is in principle 6 months at the most. A copy of the application for a residence permit is provided to the applicant in the form of a receipt. It has the same legal status as a residence permit for a maximum period of 6 months. This receipt cannot however be used as a travel document outside Luxembourg.

The validity period of the residence permit runs from the residence permit application date. It is valid for 5 years or for the envisaged period of stay of the EU citizen, if the period is less than 5 years. The validity of the residence permit is not affected: temporary absences not exceeding 6 months per year; or by absences of more than 6 months for military service obligations; or by uninterrupted absences of a maximum of 12 consecutive months for significant reasons, such as pregnancy, childbirth, studies or professional training, or posted work.

Within 2 months before the expiry date of the residence permit, the third-country national must renew their residence card.

After having resided in the country for an uninterrupted period of 5 years with an EU citizen, a third-country national who is a family member of an EU citizen has the right to permanent residence and may be granted a permanent residence permit.

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

The death of the EU citizen does not result in their family member losing their right of residence if they had been living in Luxembourg for at least one year at the time of death of the EU citizen. The EU citizen's departure from the country does not result in their children and the parent who has custody (spouse, registered or non-registered partner, father or mother) losing their right of residence if they have been lawfully living in the country, even for less than a year, and the children are enrolled in an educational establishment for the duration of their studies. The divorce, annulment of the marriage or break-up of the partnership (whether or not registered) does not result in the family members losing their right of residence if one of the following conditions is met: the marriage or partnership lasted at least 3 years before the start of legal divorce/annulment proceedings or the break-up, at least one year of which was spent in Luxembourg; custody of the children of the EU citizen (or national of a country treated as such) was granted to the third-country national spouse or partner, by way of an agreement between the spouses or partners or by court order; it is necessitated by particularly difficult circumstances, particularly in the event of break-up due to acts of domestic violence; the spouse or partner benefits, by way of an agreement between the spouses or partners or by court order, from the right to visit their child who is a minor, on condition that the judge has ruled that the visits should take place in the country, and for as long as they are deemed necessary.