Application for an authorisation to stay for exceptional reasons: schooling for at least 4 years in Luxembourg

Dernière mise à jour de cette page le 11-04-2016

Third-country nationals who have been staying in the Grand Duchy of Luxembourg for at least 4 years can submit, under certain conditions, an application for authorisation to stay and specify the object of the application.  

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Who is concerned

2 categories of persons are concerned:

  • the third-country national who has parental authority over a minor child who is living together with the third-country national and who has been continuously schooled in an establishment in the Grand Duchy of Luxembourg for at least 4 years, and where the third-country national is self-supporting and able to financially support his/her family members;
  • the third-country national who has successfully completed continuous schooling for at least 4 years in a school establishment in the Grand Duchy of Luxembourg and who is submitting the application before the age of 21 and who can justify enough resources for self-support.

Prerequisites

Third-country nationals must:

  • not represent a threat to public order, security or health;
  • not have provided false information regarding their identity;
  • have been residing in Luxembourg during at least 4 years prior to the application;
  • have parental authority over a child living with the third-country national in his/her household who has been schooled for at least 4 years in a school establishment in the Grand Duchy of Luxembourg, or is/has been successfully schooled in a continuous manner for at least 4 years in a school establishment in the Grand Duchy;
  • meet the schooling conditions;
  • provide proof of a real commitment to integration;
  • not have evaded any deportation measures;
  • be self-supporting and be able to provide support to his/her household, where applicable.

Third-country nationals who have been successfully and continuously schooled for at least 4 years in a school establishment in the Grand-Duchy of Luxembourg must submit their application before they reach the age of 21.

How to proceed

Application for an authorisation to stay

Third-country nationals who believe that they belong to one of these categories, even if they already reside in the Grand-Duchy of Luxembourg, have to submit an application for authorisation to stay to the Immigration Directorate at the Ministry of Foreign and European Affairs.

Third-country nationals may mandate a third party to submit the application in their place. In this case, the proxy holder, with the exception of attorneys, must provide proof of their mandate in the form of a written power of attorney, duly dated and signed by the principal. The signature must be preceded by the handwritten note 'bon pour procuration' ('good for proxy').

Minor third-country nationals will have to go through their legal guardian to submit the application.

The application for authorisation to stay must contain the applicant's identity details (surname(s), first name(s) and address) and be accompanied by the following documents and information:

  • a certified copy of their valid passport, in its entirety;
  • a birth certificate (an extract from the family record book, where applicable);
  • an recent extract of the applicant's criminal record or an affidavit (declaration under oath);
  • the last 4 schooling certificates;
  • proof of integration (any document which attests to a real commitment of integration);
  • proof of sufficient personal resources:
    • for the third-country national who has parental authority: an employment contract, dated and signed, compliant with Luxembourg labour law and with the social minimum wage at least;
    • third-country nationals who have been schooled for at least 4 years in Luxembourg and who are less than 21 years of age: an employment contract, dated and signed, compliant with Luxembourg labour law and with the social minimum wage at least or a statement of financial support with regard to subsistence costs;
  • proof of a declaration of vacant position with the National Employment Agency (ADEM);
  • a curriculum vitae, where applicable;
  • proof of professional qualification, where applicable;
  • proof of suitable housing, not subsidised;
  • where necessary, a proxy.

The documents enclosed must be originals or certified true copies. Should the authenticity of a document be in doubt, the Minister of Immigration can request that the document be authenticated by the appropriate local authority and legalised by the Embassy (or notarised with an apostille of The Hague).

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

Processing the application

The decision will be taken based on the documents provided. Incomplete applications will be returned to the applicant.

The Ministry of Foreign and European Affairs will usually provide an answer within a maximum of 3 months. If no answer is received within this time, the application shall be deemed to have been rejected.

If the application is approved, the third-country national receives a "temporary authorisation to stay" by post. The temporary authorisation to stay is valid for a duration of 90 days. During that time, the third-country national must:

Declaration of arrival

When entering Luxembourg, the third-country national must hold valid travel documents as well as the temporary authorisation to stay.

If the third-country national changes address in Luxembourg, he/she must make a declaration of arrival at the administration of the commune of the new place of residence and present:

  • valid travel documents;
  • the original temporary authorisation to stay;
  • where applicable, a valid proof of address (i.e.: rental agreement, electricity bill, etc.).

The applicant will receive a copy of the declaration of arrival which serves as a receipt.

The copy of the declaration of arrival together with the temporary authorisation to stay is valid as a right of residence until the residence permit is issued.

Residence permit application

Third-country nationals, or their proxy, must submit an application for a residence permit for third-country nationals to the Immigration Directorate of the Ministry of Foreign and European Affairs.

The following documents must be sent with the residence permit application:

  • a certified copy of the pages with content of their valid passport;
  • a copy of the temporary residence certificate;
  • a copy of the declaration of arrival issued by the communal authorities;
  • proof of payment of a EUR 80 tax into the IBAN account LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').
  • proof of suitable housing;

When the application is approved, the applicant will receive a letter inviting him to come in person with his/her valid passport and said letter to the Immigration Directorate of the Ministry of Foreign and European Affairs during opening hours. The applicant will get his photograph and fingerprints taken, which will be incorporated into the residence permit. The applicant may also bring a recent photograph compliant with the OACI / ICAO standards ("biometric passport standards").

A few days after the biometric data have been provided, the applicant can collect his residence permit in person at the Immigration Directorate. The exact date will be communicated to the applicant at the time the biometric data are being collected.

The residence permit takes the form of a chip card containing the biometric data. The residence permit includes information about its holder (surname(s), first name(s), nationality, date and place of birth), as well as specific information about the residence permit (permit category, date of beginning and end of validity of the permit).

Certain residence permit categories include additional information in the field "observation".

Validity period and renewal

Validity period of the residence permit

The residence permit is valid from the date of declaration of arrival at the commune.

The residence permit is valid for one year and can be renewed upon request provided that the conditions to obtain the permit are still met.

Please note: foreigners who intend to leave the Grand-Duchy of Luxembourg for more than 6 months must return their residence permit to the Ministry of Foreign and European Affairs and make a declaration of departure at the administration of the commune where they resided.

Renewal procedure

In order to renew a residence permit (renewal for private reasons or for salaried workers), the third-country national must apply to the Luxembourg Immigration Directorate at the Ministry of Foreign and European Affairs (ministère des Affaires étrangères et européennes) within 2 months prior to the expiry date of the residence permit.

The specific application form for renewal of the residence permit must be submitted together with the following documents:

  • a certified copy of the pages with content of their valid passport;
  • a recent certificate of affiliation with the Joint Social Security Centre (Centre Commun de la Sécurité Sociale - CCSS) which must include all the third-country national's affiliations with the Luxembourg social security or a recent certificate certifying that the third-country national is a co-insured party for social security;
  • a recent extract of the criminal record in Luxembourg;
  • proof of sufficient resources: or a proof of own sufficient resources (e.g. pension certificate, bank certificate issued by a Luxembourg banking institution, certificate issued by the Fonds national pour la solidarité, employment contract) or a statement of support issued by a guarantor residing in Luxembourg;
  • proof of payment of a EUR 80 tax into the IBAN account LU46 1111 2582 2814 0000 (BIC: CCPLLULL, beneficiary: ministère des Affaires étrangères et européennes, Direction de l'immigration; Communication: titre de séjour dans le chef de 'insert your name here').

Note: if the holder of a residence permit for "private reasons" also holds a permit for ancillary work, he/she must check whether the ancillary work permit expires at the same time as the residence permit. In that case, he must enclose a a copy of the valid work contract compliant with Luxembourg labour law, duly dated and signed, with his application.

After 5 years of a lawful and uninterrupted stay in Luxembourg, third-country nationals can apply for a long-term residence permit.

Loss, theft or damage to the residence permit

In case of loss, theft or damage to the 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
Grand-Duché de Luxembourg
Tél. : (+352) 247-84040 (de 14h00 à 16h00)
Fax : (+352) 22 16 08
E-mail immigration.public@mae.etat.lu

Heures d'ouverture
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