adminbhustleLearn how to obtain a marriage visa in Luxembourg for foreigners with this detailed guide on requirements and steps.
Introduction
Securing a marriage visa in Luxembourg allows non-EU/EEA nationals to join their spouse or registered partner in the Grand Duchy for stays longer than 90 days. Officially known as a family reunification visa, this permit enables third-country nationals to reside in Luxembourg with their family, provided they meet specific criteria.
This comprehensive guide outlines the step-by-step process, eligibility requirements, necessary documents, and key considerations for obtaining a marriage visa in Luxembourg.
1. Understanding the Luxembourg Marriage Visa
The marriage visa in Luxembourg falls under the family reunification framework, allowing third-country nationals (non-EU/EEA citizens) to join their spouse or registered partner legally residing in Luxembourg. This visa applies to stays exceeding three months and is distinct from short-stay Schengen visas, which permit stays of up to 90 days within a 180-day period.
The process involves obtaining a temporary authorization to stay, a long-stay visa (if required), and a residence permit upon arrival in Luxembourg. The marriage visa is regulated by the Immigration Directorate of the Ministry of Foreign and European Affairs, Defense, Development Cooperation, and Foreign Trade.
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2. Eligibility Criteria for a Marriage Visa
To qualify for a marriage visa in Luxembourg, applicants must meet specific eligibility requirements:
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Relationship Status: The applicant must be the spouse or registered partner (via a Civil Solidarity Pact, or PACS) of a person legally residing in Luxembourg. The sponsor can be a Luxembourg citizen, an EU/EEA citizen, or a third-country national with a valid residence permit. Polygamous marriages are not recognized for family reunification.
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Age Requirement: Both the applicant and the sponsor must be at least 18 years old at the time of the application.
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Residence of Sponsor: The sponsor must be a legal resident of Luxembourg with a valid residence permit or citizenship.
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Proof of Relationship: The marriage or partnership must be legally recognized in Luxembourg. This includes same-sex marriages and partnerships, as Luxembourg has permitted same-sex marriages since 2015.
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Financial Stability: The sponsor must demonstrate stable, regular, and sufficient financial resources to support themselves and the applicant without relying on social welfare. The benchmark is typically the average monthly minimum wage for an unskilled worker over a 12-month period.
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No Public Threat: The applicant must not pose a threat to public order, national security, or public health and must not be listed in the Schengen Information System (SIS).
3. Required Documents for the Application
Applicants must compile a comprehensive set of documents to support their marriage visa application. All documents must be in English, French, German, or Luxembourgish, or accompanied by a certified translation from a sworn translator. The required documents include:
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Valid Passport: A passport valid for at least three months beyond the intended stay, with copies of all pages.
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Proof of Relationship: A marriage certificate or proof of registered partnership (e.g., PACS certificate). Documents issued abroad may require an Apostille or legalised signature as per the Hague Convention of 1961.
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Proof of Sponsor’s Residence: A residence certificate or permit proving the sponsor’s legal residence in Luxembourg, issued within the last three months.
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Financial Proof: Documents demonstrating the sponsor’s stable income, such as payslips, bank statements, or tax returns for the past 12 months.
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Health Insurance: Proof of comprehensive health insurance covering the applicant in Luxembourg.
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Criminal Record: A certificate from the applicant’s home country confirming no criminal history that would deem them a threat to Luxembourg.
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Medical Report: A medical certificate issued in Luxembourg post-arrival, confirming the applicant’s good health and completion of a tuberculosis screening (required for stays over three months).
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Application Form: A completed application for temporary authorization to stay, available from the Immigration Directorate or Luxembourg’s consulate/embassy.
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Proof of Accommodation: A rental agreement, property deed, or letter from the sponsor confirming shared accommodation in Luxembourg.
4. Step-by-Step Application Process
The marriage visa application involves a two-step process: applying for a temporary authorization to stay before entering Luxembourg and securing a residence permit after arrival.
Step 1: Apply for Temporary Authorization to Stay
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Submit an application to the Immigration Directorate of the Ministry of Foreign and European Affairs before entering Luxembourg. This can be done via the Luxembourg embassy or consulate in the applicant’s home country or directly with the Immigration Directorate if no local representation exists.
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Include all required documents, ensuring they meet language and certification requirements.
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If the applicant’s nationality requires a long-stay visa (Type D), apply for it concurrently at the Luxembourg embassy/consulate or through VFS Global, Luxembourg’s official visa partner.
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The processing time for the temporary authorization is typically up to four months. If no response is received within this period, the application is considered denied.
Step 2: Apply for a Long-Stay Visa (if Required)
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Nationals from countries without visa-free access to the Schengen Area must obtain a Type D long-stay visa after receiving the temporary authorization.
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Submit the visa application at the Luxembourg embassy/consulate or VFS Global, along with the temporary authorization approval, passport, and supporting documents.
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The visa is affixed to the passport as a stamp or seal and is valid for up to one year, renewable upon obtaining a residence permit.
Step 3: Post-Arrival Procedures
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Within three days of arriving in Luxembourg, register with the local commune (municipal office) where the applicant intends to reside. Present a valid passport, visa (if applicable), and proof of address (e.g., rental agreement).
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Receive a declaration of arrival receipt, which serves as a temporary residence permit until the formal permit is issued.
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Undergo a mandatory medical examination, including a tuberculosis screening, at a recognized medical facility in Luxembourg.
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Apply for a residence permit at the Immigration Directorate within three months of arrival. Submit biometric data (fingerprints and photo) during the appointment.
5. Key Conditions for Sponsors
The sponsor plays a critical role in the marriage visa process. They must:
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Hold a valid residence permit or Luxembourg citizenship.
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Demonstrate sufficient financial resources, equivalent to at least the average monthly minimum wage for an unskilled worker over 12 months.
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Provide proof of adequate accommodation for the family.
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Not be a burden on Luxembourg’s social welfare system.
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Ensure the marriage or partnership is legally recognized and not polygamous.
6. Post-Arrival Obligations
After arriving in Luxembourg, applicants must adhere to several administrative requirements:
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Declaration of Arrival: Register with the commune within three days of arrival.
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Medical Check: Complete a medical examination and tuberculosis screening through a general practitioner or the Health and Social Welfare League (LMS).
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Residence Permit Application: Submit the residence permit application within three months, including biometric data. The permit is typically valid for up to five years and renewable if conditions are met.
7. Processing Time and Fees
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Processing Time: The temporary authorization to stay takes up to four months, while the long-stay visa processing may take 15–60 days, depending on circumstances. The residence permit application is processed within one to four weeks after submission.
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Fees: The Type D visa is free, but administrative fees for document certification, translations, or commune registration (approximately €20–€30) may apply.
8. Rights and Benefits of a Marriage Visa
Holders of a family reunification residence permit enjoy several benefits:
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Right to Work: As of September 2023, spouses of third-country nationals can work in Luxembourg without a separate work permit.
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Access to Services: Access to healthcare, education, and social services in Luxembourg.
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Path to Long-Term Residency: After five years of continuous legal residence, applicants may apply for long-term resident status or a residence permit independent of the sponsor.
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EU Mobility: As Luxembourg is part of the Schengen Area, visa holders can travel freely within Schengen countries for up to 90 days in a 180-day period.
9. Common Challenges and Solutions
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Document Legalization: Foreign documents may require an Apostille or legalised signature. Contact the Luxembourg embassy or consulate early to confirm requirements.
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Language Barriers: Documents not in English, French, or German must be translated by a sworn translator. Use reputable services like lingoking for certified translations.
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Financial Proof: Sponsors struggling to meet income requirements can provide additional evidence, such as savings or assets.
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Delays: Start the application process six months in advance to account for potential delays.
10. Tips for a Successful Application
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Start Early: Begin gathering documents and contacting the Immigration Directorate or embassy at least six months before the planned move.
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Verify Document Requirements: Confirm specific document needs with the Luxembourg embassy or consulate, as requirements vary by nationality.
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Use Official Resources: Refer to guichet.lu or the Ministry of Foreign and European Affairs website for accurate information.
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Seek Professional Assistance: Consult immigration lawyers or services for complex cases, such as those involving prior marriages or legal issues.
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Maintain Clear Communication: Ensure all documents are clear, certified, and submitted on time to avoid rejections.
11. Conclusion
Obtaining a marriage visa in Luxembourg requires careful preparation, adherence to eligibility criteria, and timely submission of certified documents. By understanding the family reunification process, meeting financial and legal requirements, and fulfilling post-arrival obligations, foreigners can successfully join their spouse or partner in Luxembourg. With its high living standards, robust economy, and welcoming environment, Luxembourg offers a promising new home for families. For further assistance, visit guichet.lu or contact the Immigration Directorate to ensure a smooth application process.
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