Permanent residence permit for non-EU national family members of EU citizens

Dernière mise à jour de cette page le 01-04-2016

After having legally resided for an uninterrupted period of 5 years in Luxembourg with a national from an EU Member State or from a country treated as such (Iceland, Norway, Liechtenstein and Switzerland), a third-country national who is a family member of an EU citizen has the right, under certain conditions, to permanent residence and may be granted a permanent residence card.

Forms / Online services

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    • Carte de séjour permanent - membre de famille d'un citoyen de l'Union ou pays assimilé - demande

Who is concerned

The following family members from third countries are permitted to accompany or join an EU citizen or a national of a country treated as such (Iceland, Norway, Liechtensetin and Switzerland) and live with him/her in Luxembourg:

  • the spouse or registered partner of the EU citizen (or national of a country treated as such) or partner whose lasting relationship has been duly acknowledged although the relationship is not officially registered.
    The lasting nature of the relationship is acknowledged if the third-country national and the EU citizen have lawfully lived together for an uninterrupted period of at least one year prior to the application, or if they have a child together;
  • the direct descendants (children) of the EU citizen, or those of his/her spouse/partner, who are under 21 years of age or are dependent on the EU citizen;
  • the direct ascendants (parents) of the EU citizen, or those of his/her spouse/partner, who are dependent on the EU citizen or his/her spouse/partner.

Any other family member not covered by the categories above may be authorised to reside in Luxembourg if he/she fulfils one of the following conditions:

  • in their country of provenance, he/she was under the care or member of the household of the EU national;
  • the EU national is obliged to personally take care of the family member in question due to serious health problems.

If the EU citizen (or national of a country treated as such) is a student, the family members that can join him/her are limited to:

  • the spouse/registered partner;
  • any children under his/her care.
Applications for children under the age of 10 may be made in their absence by their legal representative.

Prerequisites

A third-country national who is a family member of an EU citizen must be able to prove that he/she has been legally residing in Luxembourg for an uninterrupted period of at least 5 years with the EU citizen.

The period of stay is not interrupted by:
  • temporary absences that do not exceed 6 months per year in total;
  • longer periods of absence in order to complete military service;
  • uninterrupted absences of a maximum of 12 consecutive months for significant reasons, such as:
    • pregnancy and childbirth;
    • a serious illness;
    • studies or professional training;
    • a posting to another Member State of the European Union or a non-EU country.

Certain third-country nationals who are family members of an EU citizen may, however, be granted the right of permanent residency in Luxembourg before the end of their mandatory 5-year period of permanent residency:

  • if the EU citizen with whom they reside has acquired a permanent right of residency before having been resident for 5 years himself;
  • if the EU citizen (in paid employment or self-employed) dies before being granted his right of permanent residency and if one of the following conditions is met:
    • on the date of the EU citizen's death, the worker had been living in Luxembourg for an uninterrupted period of two years;
    • his/her death is due to an occupational accident or an occupational illness;
    • the surviving spouse lost his/her Luxembourgish nationality following marriage to the worker.

How to proceed

Application for a permanent residence permit

Third-country family members of an EU citizen may request a permanent residence card for a family member of an EU citizen from the Immigration Directorate of the Ministry of Foreign and European Affairs.

The application for a permanent residence permit must be submitted through a special application form together with the following documents:

  • a certified copy of the pages with content of the valid passport;
  • a recent passport photograph (compliant with ICAO/OACI standards).

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

The permanent residence permit is issued within 6 months of the application being submitted. The receipt attesting that the residence permit application has been made is valid as a residence permit for 6 months maximum.

Validity period and renewal

Validity period

The permanent residence card is valid for 10 years and is automatically renewable every 10 years.

Once acquired, the right to stay permanently is only lost through periods spent outside the country which exceed 2 consecutive years.

Renewal procedure

In the event of renewal of the permanent residence permit, the family member of the EU citizen must submit an application for renewal together with:

  • a certified copy of the pages with content of the valid passport;
  • a recent passport photograph (compliant with ICAO/OACI standards).

Loss, theft or damage to the permanent residence card

In case of loss, theft or damage to the permanent residence permit, a specific procedure needs to be followed.

Who to contact

26, route d'Arlon
L-1140 - Luxembourg
Adresse Postale B.P. 752 L-2017
Luxembourg
Tél. : (+352) 247-84040 (from 14.00 to 16.00)
Fax : (+352) 22 16 08
E-mail immigration.public@mae.etat.lu

Heures d'ouverture
Monday to Friday from 08.30 - 12.00