Third-Country Family Reunification

Family reunification is not possible for all family members . The definition of a family member includes: the spouse or registered partner of the sponsor, aged 18 or over at the time of the application for family reunification (family reunification for a spouse is not allowed in the case of polygamous marriages, i.e. if the sponsor already has a spouse living in the family Luxembourg); the unmarried children under 18 of the sponsor and/or the spouse or partner for whom they have custody and where the children are dependent on them, or, in the case of shared custody, where the other party sharing custody has given their consent ; the first-degree direct ascendants (mother and father) of unaccompanied minors who have been granted international protection . The minister may widen the possibilities for family reunification to the following persons provided the applicant has lawfully resided in Luxembourg for at least 12 months: first-degree direct ascendants of the sponsor or their spouse or partner (mother and father), where they are dependent on the sponsor or their spouse or partner and lack the necessary family support in their country of origin; unmarried children aged 18 or over of the sponsor or their spouse or partner, where they are objectively unable to provide for their own needs on account of their state of health; the legal guardian or any other family member of an unaccompanied minor who has been granted international protection and who has no direct ascendants.

This procedure applies to third-country nationals who are family members of a third-country national (i.e. a national of a country which is not an EU Member State or a country treated as such) who wishes to join their family member(s) in Luxembourg.

In order to bring their family to Luxembourg, third-country nationals residing in Luxembourg (the 'sponsor') must meet a number of conditions . They must: demonstrate the intention to apply for a long-term residence permit;

The condition of a stay of a determined minimum duration in Luxembourg does not apply in the following cases: for sponsors who wish to bring their minor children to Luxembourg if they have sole custody ; for sponsors with an 'EU Blue Card ( highly qualified worker )', 'transferred worker' or ' researcher ' or who have long-term resident status in another EU Member State and who are exercising the right to reside in Luxembourg and whose family was already established in the other Member State . These persons may be accompanied by their spouse or registered partner, as well as their unmarried children aged under 18, when they enter Luxembourg.

Recipients of international protection may apply for family reunification and will only have to fulfil the conditions applicable to accommodation and resources if the sponsor submits the application later than 6 months after the date where international protection was granted.

Please note that non-EU nationals who are family members of an EU citizen (or a national of a country treated as such) living in Luxembourg must obtain a residence permit. The procedure to be followed depends on the duration of their stay:

Sponsor's spouse or registered partner: a copy of the entire valid passport of the spouse/partner; a recent extract from the criminal records or a sworn affidavit by the spouse/partner in their country of residence; a certificate attesting to the marriage or registered partnership (marriage certificate, registered partnership certificate, family record book, etc.). Descendants (children) of the sponsor or sponsor's spouse/partner: a copy of the child's entire valid passport; proof of the family relationship with the sponsor (child's birth certificate, family record book, etc.); if the parents are divorced (only applicable to children aged under 18): a copy of the ruling granting custody of the minor child 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: the copy of the entire valid passport of the ascendant; a recent extract from the criminal record or a sworn affidavit established in their country of residence; a document attesting to the family relationship (e.g. birth certificate of the sponsor or the sponsor's spouse/partner); a document certifying the applicant's marital status and family situation, as well as proof that they do not have the necessary family support in their country of origin (e.g. family record book or any equivalent document issued by the authorities of the applicant's country of origin, etc.); proof that the parent was under the responsibility of the sponsor prior to the application for family reunification (e.g. proof of regular payments by the sponsor to the parent's address); a document attesting the financial situation of the parent in their country of origin (e.g. proof of the parent's own resources, such as income, assets, etc.).

The documents enclosed must be originals or certified true copies (except for the passport where a plain copy will suffice). 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.

provide proof that they have stable, regular and sufficient resources (salary, wages, income from assets) to support themselves and the family members under their care, without having to resort to social welfare. The level of the resources of the third-country national who is applying for family reunification for members of their family is assessed with reference to the average monthly minimum wage of an unskilled worker over a period of 12 months. The resources of the third-country national must be at least equivalent to this reference level. The prospective assessment of the likelihood of maintaining stable, regular and sufficient resources is based on a prognosis that the resources will reasonably be available during the year following the date of submission of the application for family reunification, so that the sponsor does not have to resort to the social assistance system. The Minister may take into account the sponsor's income during the 6 months preceding the application. Where the applicant's level of resources does not reach 'the level referred to' in the preceding paragraph, the Minister may nevertheless issue a favourable decision, taking into account the evolution of the applicant's situation, in particular in relation to the stability of their employment and income or in relation to the fact that they are the owner of their dwelling or benefit from free of charge housing;

have suitable accommodation to house the member(s) of their family, assessed in accordance with the applicable legal criteria ( law of 20 December 2019 on health, safety and habitability criteria for dwellings and rooms let or made available for dwelling purposes); have health insurance cover for themselves and the family member(s) (health insurance certificate or certificate of co-insurance covering their stay in Luxembourg issued by a Luxembourg or foreign social security body and/or by a private insurance company).

the sponsor's proof of sufficient resources to cover their needs and those of their family members (e.g. payslips, tax return, income from assets) at least equivalent to the minimum wage for unskilled workers over a period of 12 months. The proof must cover the 12 months prior to submitting the application; proof of suitable housing in Luxembourg of the sponsor and the members of their family (e.g. least contract, property deed - a floor area of at least 12 m² for the first occupant and 9 m² per additional occupant, with natural light through windows that can be opened and closed properly and which measure at least 1/10 of the floor area, heating, running water, electricity, etc.);

Recipients of international protection may apply for family reunification and will only have to fulfil the conditions applicable to accommodation and resources if the sponsor submits the application later than 6 months after the date where international protection was granted.