Luxembourg - Family & Partner - Family Reunification Permit

Family members EU, Norway, Iceland, Liechtenstein and Swiss nationals are able to reside in Luxembourg based on Family Reunification.

Refugees, persons granted temporary protection or authorized to remain on humanitarian grounds

Recognized refugees, according to administrative practice, are entitled to family reunification with their spouses and minor children. Reunification with children over 18 years of age and with parents may also be allowed provided that they are dependants of the refugee living in Luxembourg. In
principle, unaccompanied minors staying in Luxembourg are not entitled to reunification with their family, as it is considered that the minor should join his/her parent abroad.

Reunification is not conditional upon a minimum length of residence, but the refugee living in Luxembourg must be able to demonstrate adequate housing as well as sufficient resources. However, unlike other non-EU foreigners,recognized refugees who receive the monthly Minimum Guaranteed Income (basic social allowance) is deemed to meet the latter condition.

Persons granted Temporary Protection are also allowed family reunification with their spouse and minor children, according to the Law of 18 March 2000 which amended the Asylum Law.

Those with Authorized to Remain on Humanitarian Grounds have family reunification rights on the same terms as other non-EU immigrants. Status holders must have a type B work permit to be considered sufficiently secure in financial terms to invite his/her family. This permit can be granted after holding permit A for a year. The applicant must have adequate housing and means of financial support.

Procedure: applications for family reunification must be submitted to the Ministry of Justice by the persons residing in Luxembourg. The Ministry is responsible for granting residence permits to the family members. In cases of rejection, the applicant may lodge an appeal for annulment with the Administrative Court and may appeal further to the Administrative Court of Appeal if the Administrative Court confirms the rejection.

Status of the person reunited: family members reunited with a refugee are granted refugee status if they request such status. Otherwise they are granted the status of immigrant workers.

Other categories of Migrants

The conditions and rights pertaining to family reunification are not established by law. Instead they are set out either in bilateral agreements or on a case-by-case basis. This allows for family reunification to happen in an almost law-free space, leaving the Ministry of Foreign Affairs- Directorate of Immigration totally free to decide on each case individually.

Nevertheless, some guidelines have been established for independents/self employed. These workers are entitled to family reunification after three years in Luxembourg. If the dependent minor is 17, there may be problems as the procedure can last beyond his/her 18th birthday, after which s/he is not considered a child any more. A migrant’s parents can only be admitted if they have passed the working age.