Migration questions Luxembourg

Luxembourg offers several grounds for obtaining a residence permit for citizens of non-European Union countries. The main ones include:

Employment: It is necessary to conclude an employment contract with a Luxembourg employer. The employer must obtain permission from the National Employment Agency to hire a foreign worker. A "EU Blue Card" is available for highly qualified specialists and is issued for up to 4 years. 

Self-employment and business: Requires proof of professional qualifications, sufficient financial resources to run a business, and proof of economic benefit to the country. A business permit must be obtained from the Ministry of Economy.

Investments: The following options are possible:

Investment of 500,000 euros in an existing Luxembourg company with an obligation to maintain the investment for 5 years.

Investment of 500,000 euros in a startup with the creation of at least 5 jobs within 3 years.

Investment of 3,000,000 euros in a management or investment structure registered in Luxembourg.

Education: It is necessary to enroll in an accredited educational institution in Luxembourg for full-time study. A residence permit is issued for the period of study with the possibility of extension.

Family reunification: Intended for close relatives (spouses, minor children) of residents or citizens of Luxembourg. The sponsor must prove sufficient income, housing, and health insurance.

Required documents:

- Completed application form.

- Copies of all pages of the passport.

- Preliminary permit for residence.

- Declaration of arrival.

- Proof of housing (rental agreement or ownership certificate).

- Receipt of payment of the state fee (80 euros).

- Additional documents depending on the basis (employment contract, business registration certificate, proof of enrollment in an educational institution, etc.).

Application processing time

The processing time depends on the basis for the residence permit and may range from 2 to 9 months. After the application is approved and biometric data is collected, a plastic resident card is issued.

It is important to note that purchasing real estate in Luxembourg is not an independent basis for obtaining a residence permit.

After 5 years of continuous residence with a residence permit, it is possible to apply for permanent resident status or citizenship of Luxembourg, subject to certain conditions.

It is recommended to familiarize yourself with the current requirements and procedures in advance and, if necessary, seek advice from specialists in migration law.

 

General procedure for obtaining a residence permit

Preliminary residence permit: Before entering Luxembourg, apply for a preliminary residence permit at the Immigration Directorate of the Ministry of Foreign and European Affairs of Luxembourg or through a Luxembourg diplomatic mission in your country. Required documents: completed application; copy of a valid passport; proof of purpose of stay (e.g., employment contract, admission letter from an educational institution); criminal record certificate; health insurance.

Long-term visa (type D): After the preliminary permit is approved, apply for a type D visa at the Luxembourg consulate or embassy, which will allow you to enter the country for long-term stay.

Declaration of arrival: Upon arrival in Luxembourg, you must register at the municipality of your place of residence within 3 working days.

Medical examination: Mandatory medical examination, including a tuberculosis test.

Submission of residence permit application: Within 3 months of arrival, apply for a residence permit at the Immigration Directorate of the Ministry of Foreign and European Affairs.

Biometric data: After the application is approved, visit the appropriate office to submit biometric data (photograph and fingerprints).

Obtaining a residence card: A few days after submitting your biometrics, you will receive a plastic residence card, confirming your status in Luxembourg.

Important to consider:

All documents submitted in foreign languages must be translated into one of the official languages of Luxembourg (French, German, or Luxembourgish) and certified.

It is recommended to familiarize yourself in advance with the current requirements and procedures, and if necessary, seek advice from specialists in migration law.

 

Citizens of the European Union, European Economic Area, and Switzerland have the right to free movement and employment in Luxembourg. This means they can live and work in the country without the need for a visa or work permit. However, there are certain procedures that need to be followed:

Registration at the place of residence

If planning to stay in Luxembourg for more than 90 days, you must register with the commune (municipality) administration at your place of residence within the first 8 days after arrival. You will need to provide a valid passport or ID card and fill out the appropriate form.

After submitting the documents, a registration certificate is issued, confirming your right of residence in Luxembourg.

Employment

EU and EEA citizens can freely seek employment in Luxembourg. After receiving a job offer, a labor contract is concluded in accordance with Luxembourg labor law.

Overall, EU and EEA citizens benefit from simplified procedures for living and working in Luxembourg. However, it is important to comply with local laws and regulations, and be well-informed about your rights and obligations. For current information, it is recommended to consult official sources and, if necessary, seek advice from specialists.

The main conditions for residence and employment for citizens of non-EU countries include:

1. Obtaining a temporary residence permit. This permit confirms the legality of your stay in the country.

2. Obtaining a national visa (type D), which allows you to enter the country for a long stay.

3. Registration upon arrival at the place of residence, providing a valid passport and visa.

4. Medical examination in accredited medical institutions.

5. Submission of an application for a residence permit.

6. Obtaining a work permit.

7. Family reunification: Family members (spouses, minor children) can join the main applicant after they obtain a residence permit. As of September 1, 2023, holders of a "family member" residence permit have free access to the Luxembourg labor market.

8. Permanent residence: After 5 years of continuous residence, you can apply for permanent resident status.

It is recommended to familiarize yourself in advance with the current requirements for obtaining a residence permit and work permit in Luxembourg, and if necessary, seek advice from specialists in migration law.

 

Extending a residence permit in Luxembourg requires timely application and preparation of the appropriate documents.

Application deadline:

It is recommended to apply for a residence permit extension at least 2 months before it expires. This ensures sufficient time for consideration and prevents potential issues related to late submission.

Place of application submission:

Documents are submitted to the Immigration Department of the Ministry of Foreign and European Affairs of Luxembourg. In some cases, the application can be submitted through the commune administration at the place of residence, which will forward the documents to the immigration service.

Necessary documents:

The list of documents depends on the category of residence permit and the basis for its extension. However, the main documents include:

- Copies of all pages of a valid passport.

- A valid employment contract (for employees) or proof of continued activity (for self-employed).

- Certificate of registration in the social security system.

- Certificate of no criminal record in Luxembourg.

- Proof of payment of the administrative fee (usually 80 euros).

- Additional documents may be required depending on the specific situation and the category of residence permit.

Specifics for various categories:

Employees: an up-to-date employment contract, compliant with Luxembourg labor law, must be provided.

EU Blue Card holders: in addition to the standard documents, proof of meeting the minimum salary and qualification requirements is required.

Self-employed individuals and entrepreneurs: it is necessary to confirm the continuation of entrepreneurial activity and the availability of sufficient financial resources.

Processing times:

The processing time for an application to extend a residence permit can take up to 3 months. Therefore, it is important to submit documents in advance to avoid potential delays.

Recommendations: if you have questions or difficulties, it is recommended to consult specialists in migration law.

 

To obtain a residence permit in Luxembourg, it is necessary to arrange medical insurance that meets the country's requirements.

Mandatory medical insurance:

According to Luxembourg law, all persons planning to stay in the country for more than 90 days must have valid medical insurance. This requirement applies to all residence permit applicants, regardless of the purpose of their stay.

Requirements for medical insurance:

The policy must cover all health-related risks, including hospitalization, treatment, and repatriation.

Insurance coverage must be valid throughout the territory of Luxembourg.

The minimum coverage amount and other conditions may vary; it is recommended to clarify these details at the Luxembourg consulate or embassy when applying for a visa.

Proof of medical insurance when applying for a residence permit:

When submitting an application for a residence permit, proof of valid medical insurance must be provided. This could be an insurance policy or a certificate from an insurance company confirming coverage for the period of your intended stay.

Additional recommendations:

Before arranging insurance, carefully study the policy conditions, including covered risks, exclusions, and the expense reimbursement process.

It is recommended to choose insurance companies with a good reputation and experience working with expatriates in Luxembourg (Allianz Care, Cigna Global, Bupa Global, Aetna International, IMG, Swisscare).

 

Obtaining Luxembourg citizenship offers foreign nationals numerous opportunities, including the right to reside and work in any European Union country, access to high-quality education and healthcare, and visa-free entry to more than 170 countries worldwide. Let's explore the main ways to acquire Luxembourgish citizenship:

Naturalization

Naturalization is one of the most common ways to obtain Luxembourg citizenship. To do this, the following conditions must be met:

Period of residence: Legal residence in the country for at least 5 years, with the last year before applying being continuous.

Language knowledge: Successful completion of a Luxembourgish language exam, confirming conversational ability.

Social integration: Completion of the course "Vivre ensemble au Grand-Duché de Luxembourg," covering topics of citizens' rights, state structure, and the country's history, followed by passing an exam.

No criminal record: Clean reputation, absence of serious offenses or crimes.

Citizenship through marriage

Foreign nationals married to a Luxembourg citizen can apply for citizenship upon meeting the following conditions:

Duration of marriage: At least 3 years in a registered marriage with a Luxembourg citizen.

Period of residence: Legal residence in Luxembourg for at least 12 months immediately before submitting the application.

Language knowledge and integration: The same requirements as for naturalization: passing a language exam and completing the integration course.

Citizenship by Descent

Children automatically obtain Luxembourg citizenship if:

Birth to a Luxembourg Citizen: One of the parents is a Luxembourg citizen, regardless of the child's place of birth.

Birth in Luxembourg: The child was born on Luxembourg territory, and one of the parents was also born in Luxembourg.

Citizenship through Option

Option is a procedure for acquiring citizenship for certain categories of people:

Long-term Residence: Foreigners residing in Luxembourg for at least 20 years may apply for citizenship provided they have lived in the country for the last 12 months before applying.

Education: Those who have studied in Luxembourg for at least 7 years may qualify for citizenship upon reaching the age of 18.

Citizenship through Adoption

Minor children adopted by Luxembourg citizens automatically acquire the country's citizenship.

Application Procedure

The application for citizenship is submitted to the Luxembourg Ministry of Justice. Required documents include:

- Birth certificate.

- Proof of legal residence in the country.

- Certificates of passing a language exam and completing an integration course.

- Certificate of no criminal record.

The review period for the application typically takes about 4 months.

Dual Citizenship

Since 2009, Luxembourg recognizes dual citizenship, allowing new citizens to retain their original citizenship upon acquiring Luxembourg citizenship.

Acquiring Luxembourg citizenship is a process that requires careful preparation and compliance with all established requirements. It is recommended to familiarize yourself with the current legal norms in advance and, if necessary, seek consultation from specialists in migration law.

 

Holders of a temporary residence permit in Luxembourg have the right to leave and return to the country. However, when planning trips, the following important aspects should be considered:

Validity of Documents

Residence Permit: Ensure that your temporary residence permit is valid for the entire period of planned absence. If its validity expires while you are outside Luxembourg, this may cause difficulties upon return.

Passport: Check that the validity of your passport meets the entry requirements of the countries you plan to visit, as well as for returning to Luxembourg.

Schengen Area

Luxembourg is part of the Schengen Area, which allows free movement between member countries without additional border checks. However, it is important to consider that:

Travel to Other Schengen Countries: With a temporary residence permit in Luxembourg, you can visit other Schengen Area countries for up to 90 days within any 180-day period.

Trips Outside the Schengen: When visiting countries outside the Schengen Area, you need to consider the visa requirements of these states.

Returning to Luxembourg

Border Control: When returning to Luxembourg from non-Schengen countries, you must present a valid passport and temporary residence permit.

Duration of Absence: Ensure your absence does not exceed the permissible duration set for your type of residence permit to avoid issues with its renewal or cancellation.

Residence Permit Extension

If your temporary residence permit expires during your planned trip, it is recommended to apply for its extension in advance, at least 2 months before the current term expires. This will help avoid issues upon returning to Luxembourg.

Additional Recommendations

Informing Authorities: In some cases, it is recommended to inform local authorities about a planned long absence, especially if it is related to work or study.

Legal Consultation: If in doubt about your status or planned trips, it is recommended to seek consultation from a migration law specialist.

Receiving a refusal for a residence permit in Luxembourg can be due to various reasons, such as an incomplete document package, providing false information, or not meeting the established requirements. In case of refusal, it is recommended to take the following steps:

Analysis of Rejection Reasons

Notification Review: Carefully examine the official rejection notice, which should specify the exact reasons for the decision made.

Appealing the Decision

Filing Deadlines: In Luxembourg, there is the possibility to appeal a rejection decision either administratively or judicially. The deadlines and procedures for filing an appeal depend on the specific case and should be outlined in the rejection notice.

Preparation of the Appeal: Gather additional evidence and documents that confirm your eligibility for obtaining a residence permit. It is recommended to consult a lawyer specializing in immigration law to prepare a well-founded appeal.

Reapplying

Correcting Deficiencies: If appealing is not possible or unsuccessful, consider the possibility of reapplying for a residence permit after addressing the reasons that led to the rejection.

Consultation with Specialists:

Consulting experienced lawyers specializing in immigration law can help determine the optimal strategy and increase the chances of successfully obtaining a residence permit.

 

In the course of migration procedures in Luxembourg, various documents are often required. If these documents are not originally drafted in one of the country's official languages – French, German, or Luxembourgish – they need to be translated. In such cases, an official translation executed by a sworn translator is necessary.

Where to Find Sworn Translators in Luxembourg:

The Ministry of Justice of Luxembourg appoints sworn translators authorized to perform translations for judicial and administrative authorities. A list of certified sworn translators, sorted by languages, is available on the official website of the Ministry of Justice.

Features of Sworn Translators' Work:

In Luxembourg, sworn translators independently certify the accuracy of their translations, and their signature does not require additional notarization. This simplifies the process of preparing documents for immigration procedures.

Recommendations for Document Preparation

Translation in Luxembourg: It is recommended to translate documents directly in Luxembourg, except for those required for obtaining temporary residence permits and visas.

Apostille: Some documents, such as a police clearance certificate and a marriage certificate, may require an apostille. In some cases, an apostille may also be needed on other documents, such as diplomas or birth certificates.

How to Choose a Translator:

When choosing a translator, consider the volume and specificity of your documents. Large translation agencies may be preferable for large volumes of work, but for a small number of documents or specific language pairs, individual translators or small agencies may be more advantageous options.