Luxembourg, a small yet vibrant country in the heart of Europe, is an attractive destination for couples seeking to build a life together. For foreigners wishing to join their spouse or partner in Luxembourg, obtaining a marriage visa—often referred to as a family reunification visa—is a critical step. This guide provides a comprehensive, step-by-step explanation of how to secure a marriage visa for foreigners in Luxembourg.
1. Understanding the Marriage Visa in Luxembourg
In Luxembourg, the “marriage visa” typically refers to a family reunification visa for third-country nationals (non-EU/EEA or non-Swiss citizens) who wish to join their spouse or registered partner residing legally in Luxembourg. This visa falls under the category of a long-stay visa (Type D) for stays exceeding 90 days. For EU/EEA or Swiss citizens, the process is simpler due to freedom of movement within the EU, but this guide focuses on third-country nationals.
The family reunification visa allows the spouse or registered partner of a Luxembourg resident to live in the country for more than three months. It is governed by the Ministry of Foreign and European Affairs, Defence, Development Cooperation, and Foreign Trade, and the process involves two main stages: obtaining a temporary authorization to stay and applying for a Type D visa.
2. Eligibility Criteria for a Marriage Visa
To qualify for a marriage visa in Luxembourg, the applicant and the sponsor (the spouse residing in Luxembourg) must meet specific criteria:
- Sponsor Requirements:
- The sponsor must be a legal resident of Luxembourg, holding a valid residence permit (if a third-country national) or be an EU/EEA/Swiss citizen.
- 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 12 months.
- The sponsor must have suitable accommodation in Luxembourg to host the applicant.
- Applicant Requirements:
- The applicant must be a third-country national and the legal spouse or registered partner (aged 18 or older) of the sponsor. Polygamous marriages are not eligible for family reunification.
- The applicant must hold a valid passport, which remains valid for at least three months beyond the visa’s expiry date.
- The marriage or partnership must be legally recognized in Luxembourg. For marriages conducted abroad, documentation may need to be legalized or apostilled.
- Additional Notes:
- If the sponsor is an EU/EEA/Swiss citizen, the applicant may apply for a short-stay visa (Type C) for initial entry, but a Type D visa is required for stays exceeding 90 days.
- The applicant must not pose a threat to public security or health in Luxembourg.
3. Required Documents
The application for a marriage visa requires a comprehensive set of documents to prove eligibility and the authenticity of the relationship. All documents must be originals or certified true copies, and those in languages other than German, French, or English must be accompanied by official translations. Key documents include:
- For the Applicant:
- A valid passport (valid for at least three months after the visa’s expiry date).
- Two completed long-stay visa (Type D) application forms.
- Two recent passport-sized photographs.
- Marriage certificate or proof of registered partnership, legalized or apostilled if issued outside Luxembourg.
- Proof of sufficient financial resources (e.g., sponsor’s payslips, bank statements, or tax returns).
- Proof of accommodation in Luxembourg (e.g., rental agreement or property deed).
- Travel and medical insurance covering up to €30,000 for the Schengen Area.
- A criminal record certificate from the applicant’s home country, proving no threat to public security.
- A cover letter explaining the purpose of the stay and relationship with the sponsor.
- For the Sponsor:
- Copy of their passport or residence permit.
- Proof of income (e.g., payslips for the last three months or other evidence of stable resources).
- Proof of accommodation suitable for the applicant.
Additional documents, such as a detailed itinerary or proof of relationship history (e.g., photos, communication records), may strengthen the application but are not mandatory.
4. Step-by-Step Application Process
The process for obtaining a marriage visa in Luxembourg involves two main stages: applying for a temporary authorization to stay and securing a Type D visa. Below is a detailed breakdown:
Step 1: Apply for Temporary Authorization to Stay
- Where to Apply: Submit the application to the Immigration Directorate of the Ministry of Foreign and European Affairs in Luxembourg. This can be done by mail or through a representative if the applicant is abroad.
- Documents: Include all required documents listed above, ensuring they are complete and translated if necessary.
- Processing Time: The Ministry typically responds within four months. If no response is received, the application is considered denied.
Step 2: Apply for a Type D Long-Stay Visa
- Where to Apply: Within 90 days of receiving the temporary authorization, submit a Type D visa application to the Luxembourg diplomatic or consular mission in the applicant’s country of residence. If Luxembourg has no mission, apply through a Schengen country’s embassy (often Belgium) representing Luxembourg.
- Documents: Submit the same set of documents as for the temporary authorization, along with the temporary authorization approval.
- Visa Issuance: If approved, the Type D visa is affixed to the passport as a stamp or vignette, valid for 90 days to one year.
Step 3: After Approval
- Travel to Luxembourg: Enter Luxembourg within the visa’s validity period.
- Register with the Commune: Within three days of arrival, register at the local commune (municipal office) with a valid passport and temporary authorization. You’ll receive a declaration of arrival receipt.
- Medical Check: Undergo a mandatory medical examination (including tuberculosis screening) by a general practitioner or specialist in Luxembourg. Costs are borne by the applicant.
- Apply for Residence Permit: Within three months of arrival, apply for a family member residence permit at the Immigration Directorate. Submit biometric data (fingerprints and photo) during this process.
5. Processing Times and Fees
- Processing Time:
- Temporary authorization: Up to four months.
- Type D visa: Up to 30 days in normal circumstances, but may take up to 60 days in complex cases.
- Residence permit: Up to six months after arrival.
- Fees:
- Type D visa: €80 (exemptions may apply for certain applicants, e.g., children under 6).
- Medical examination and residence permit processing: Costs vary and are paid by the applicant.
- Translation and legalization services: Additional costs if required.
6. After Arrival in Luxembourg
Once in Luxembourg, the applicant must complete additional steps to legalize their stay:
- Declaration of Arrival: Register at the commune within three days, presenting the passport and temporary authorization.
- Medical Check: Complete the medical examination and tuberculosis screening promptly.
- Residence Permit: Apply for a biometric residence permit, which serves as the official authorization to stay long-term. This permit is renewable and can lead to permanent residency after five years of legal, uninterrupted stay.
If the applicant wishes to work, they may need to apply for a salaried worker residence permit, which requires a labor market test unless the sponsor’s status grants work authorization (e.g., post-September 2023 law changes for spouses).
7. Tips for a Successful Application
- Submit Complete Documents: Ensure all documents are accurate, legalized, and translated to avoid delays or rejections.
- Plan Ahead: Apply for the temporary authorization at least six months before the intended travel date to account for processing times.
- Seek Professional Help: Use translation services like lingoking for accurate document translations and consult immigration experts if needed.
- Prove Relationship Authenticity: Include supporting evidence like joint bank statements or photos to strengthen the application.
- Stay Informed: Check the Ministry of Foreign and European Affairs website for updated requirements and forms.
8. Common Challenges and Solutions
- Challenge: Document legalization delays.
- Solution: Start the legalization/apostille process early and use reputable services.
- Challenge: Insufficient financial proof.
- Solution: Ensure the sponsor provides recent payslips or bank statements showing stable income.
- Challenge: Visa rejection.
- Solution: Appeal within three months through a court lawyer at the Administrative Tribunal, addressing the reasons for refusal.
9. Frequently Asked Questions
Q: Can same-sex couples apply for a marriage visa in Luxembourg?
A: Yes, Luxembourg recognizes same-sex marriages and registered partnerships for family reunification.
Q: What if my country doesn’t issue marriage certificates?
A: Provide a sworn statement or affidavit, legalized or apostilled, attesting to your marital status.
Q: Can I work in Luxembourg with a family reunification visa?
A: As of September 2023, spouses may work with their residence permit, but a labor market test may apply if the sponsor has resided in Luxembourg for less than a year.
Q: How long is the residence permit valid?
A: Initially valid for one year, renewable based on the sponsor’s permit validity.
10. Conclusion
Obtaining a marriage visa for foreigners in Luxembourg requires careful preparation and adherence to immigration procedures. By meeting eligibility criteria, submitting complete documentation, and following the two-step application process, couples can successfully reunite in this welcoming European nation.
Stay proactive, verify requirements with official sources, and seek professional assistance if needed to ensure a smooth application process. For further details, visit the Ministry of Foreign and European Affairs website or consult your local Luxembourg embassy.
