Conditions of residence in Luxembourg for private reasons for third-country nationals

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

A third-country national who wishes to come to Luxembourg for private reasons for a period of more than 3 months, must follow a procedure in 2 consecutive steps:

  • Step 1: before entering the country:
    • submit an application for a temporary authorisation to stay to the Immigration Directorate of the Ministry of Foreign and European Affairs;
    • be in possession of a valid passport;
    • for persons subject to visa requirements in order to enter Luxembourg: request a visa type D after having obtained the temporary authorisation to stay;
  • Step 2: after entering the country:
    • make a declaration of arrival in the new commune of residence in Luxembourg;
    • undergo a medical check;
    • submit an application for a residence permit.

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Who is concerned

Every third-country national (i.e. a national from a country which is not an EU Member State or a country treated as such - Iceland, Norway, Liechtenstein and Switzerland) requires an authorisation to stay and then a residence permit if they wish to reside in Luxembourg for private reasons for a duration of more than 3 months.

A third-country national may apply for an authorisation to stay for private reasons in 2 cases:

  1. the third-country national can live off his own resources;
  2. the third-country national does not fulfil the conditions for family reunification, but has personal or family ties which are so important that a refusal to grant him residence would violate his right to respect for private and family life in a disproportionate manner compared to the motives of refusal. The existing ties are evaluated on how strong, old and stable they are. In the event that the claimed relationship is a partnership (unregistered), both partners cannot be linked to a third person through marriage, a partnership or a long-term relationship. The applicant must also provide proof of sufficient resources.

The application for the authorisation to stay must be submitted by the third-country national. However, he may mandate a third party to carry out the necessary procedures.

Note that the law provides for other very specific cases in which a temporary authorisation to stay can be applied for for private reasons. As those cases are not listed in this information sheet, it is recommended to contact the Immigration Directorate of the Ministry of Foreign and European Affairs directly for more information.

Prerequisites

There are 2 different cases:

  1. the third-country national can live off his own resources. Resources are evaluated according to their nature and regularity, as well as compared to the monthly social minimum wage for unskilled workers;
  2. third-country nationals who do not comply with the conditions for family reunification must prove that they have sufficient resources. The criteria to evaluate these resources are:
    1. all the applicant's resources;
    2. voluntary assumption of living expenses by a third party who has the Luxembourg nationality or is legally authorised to stay in Luxembourg for at least one year.

These resources must at least be equal to the current guaranteed minimum income and are evaluated compared to the conditions of accommodation.

Moreover, third-country nationals must:

How to proceed

Step 1: before entering the country

Application for an authorisation to stay

The third-country national must submit an application for an authorisation to stay (on plain paper) from his country of origin:

The application must be submitted and approved before coming to Luxembourg, except in certain special cases (i.e. third-country nationals who already hold a residence permit in Luxembourg). Applications submitted from inside Luxembourg are inadmissible.

The application for an authorisation to stay must contain the applicant's identity details (surname(s), first name(s) and address) and must 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 criminal record or an affidavit (sworn oath) established in the country of residence;
  • proof of suitable housing in the Grand Duchy of Luxembourg (rental agreement, property deed, etc.);
  • proof of comprehensive health insurance valid in Luxembourg;
  • a document certifying the applicant's marital status and family situation (e.g.: family record book or any equivalent document issued by the authorities of the applicant's country or origin);
  • where necessary, a proxy.

Proxy:
third-country nationals may give a mandate to 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').

Depending on the case, other documents may have to be attached:

  • third-country nationals who can live off their own resources (case no. 1) must join the proof that they have sufficient resources to live in Luxembourg (e.g. pension certificate, bank certificate issued by a Luxembourg banking institution). Resources are evaluated according to their nature and regularity, as well as compared to the monthly social minimum wage for unskilled workers;
  • Third-country nationals with stable, long-standing and strong personal or family ties with a person legally residing in Luxembourg (case no. 2) must also provide:
    • proof of these stable, long-standing and strong personal or family ties (e.g. certificate of composition of the household from the country of origin, any other equivalent document issued by the authorities of the applicant's country of origin;
    • in the event the relationship put forward is a partnership (unregistered) : proof from both partners that they are not related with another person through marriage, a partnership or a long-term relationship (e.g. extract of the marital status, family book record, certificate of celibacy, composition of household and/or residence certificate issued by the country of origin);
    • proof of sufficient resources (e.g. statement of financial support established by a guarantor residing in Luxembourg) amounting to at least the guaranteed minimum income.

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 alternatively 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.

Only complete applications will be processed. Incomplete applications will be returned to the applicant.

The time required for a response from the Ministry of Foreign and European Affairs is generally a maximum of 3 months. If no response is received within this time, the application has been rejected.

In case of a favourable reply, the third-country national receives a "temporary authorisation to stay", sent by post. This temporary authorisation to stay is valid for a duration of 90 days. During that time, the third-country national must:

  • either apply for an entry visa to the Schengen area, if he is subject to visa requirements;
  • or, if he is not subject to visa requirements, enter Luxembourg territory and make a declaration of arrival to the administration of the commune where he resides.

After entering Luxembourg, the third-country national must take steps to obtain a residence permit.

Passport and visa

If he is not subject to visa requirements, the third-country national may enter Luxembourg with the authorisation to stay and a valid passport.

Third-country nationals subject to a visa obligation must submit, before their journey and from their country of origin, a type D visa application and present their authorisation to stay to the Luxembourg diplomatic or consular representation in their country of origin, or, failing that, to the embassy or consulate of the country in the Schengen area which represents Luxembourg for the issuance of long stay visas (only the Belgian embassy or consulate).

The visa, valid for a maximum period of 3 months, is affixed in the passport in the form of a seal.

If the applicant's passport is due to expire in less than 6 months, he is advised to renew it before coming to Luxembourg.

If the third-country national has a valid residence permit as a family member of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. The third-country national must nonetheless have a temporary authorisation to stay in Luxembourg.

Step 2: after entering the country

Declaration of arrival

When entering Luxembourg, the third-country national must hold a valid travel document (visa and passport, where applicable), as well as the temporary authorisation to stay.

He must make a declaration of arrival at the administration of the commune where he intends to establish residence, within 3 days of arrival in Luxembourg, presenting:

  • a valid travel document (passport and, where applicable, a visa or a residence permit issued by another EU Member State);
  • the original temporary authorisation to stay;
  • a valid proof of address (i.e.: rental agreement, electricity bill, etc.), where applicable.

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

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

Medical check

The third-country national must undergo a medical check for foreigners as soon as possible which consists of:

  • a medical examination by a doctor established in Luxembourg and authorised to work as a general practitioner, a practitioner specialised in internal medicine or pediatrics;
  • and a TB screening by the Health and Social Welfare League (Ligue médico-sociale - LMS).

After receiving the results of these examinations, the Immigration Medical Department (Service Médical de l'Immigration - SMI) of the National Health Directorate (Direction de la Santé) will issue a medical certificate, which will be sent to the Immigration Directorate (Direction de l'Immigration) of the Ministry of Foreign and European Affairs (ministère des Affaires étrangères et européennes) to allow the residence permit application to be processed.

Residence permit application

Third-country nationals must submit an application for a residence permit for third-country nationals to the Immigration Directorate of the Ministry of Foreign and European Affairs within 3 months of entry into Luxembourg.

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

  • a certified copy of the pages with content of their valid passport;
  • a copy of the authorisation to stay;
  • a copy of the declaration of arrival established by the communal authority;
  • 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').

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 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, first name, 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". In the case of the residence permit for "personal reasons" (vie privée), the observation on the permit includes information on eligibility for work.

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. It is renewable on request as long as the application conditions are met.

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

The residence permit is valid for a maximum of 3 years.

The residence permit for "personal reasons" contains an note in the field "observation" on the third-country national's eligibility for work.

Renewal procedure

In order to renew a residence permit, non-EU nationals must apply to the Immigration Department of the Ministry of Foreign and European Affairs (ministère des Affaires étrangères) 2 months before 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: either 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 activities, he 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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