The law of 21 April 2023_ modifying the amended law of 29 August 2008 on the free movement of persons and immigration was published on 8 May 2023 in Mémorial A 228 (Luxembourg Official Journal) (the “Law”). Among other changes, the Law introduces a structure for the different categories of deportation measures, to better manage the phenomenon of third-country nationals resident in Luxembourg without valid authorisation, and modifies the detention regime for these individuals. The Law also noticeably tightens the conditions for grant of a residence permit for personal reasons, as summarised below.
Requirement for a link with Luxembourg, the EU or the Schengen Area
Previously, it was sufficient for an applicant to prove that they had sufficient resources[1] and did not pose a threat to public order, health or safety in order to obtain a residence permit for personal reasons. However, this is no longer the case. From 12 May 2023, an applicant for a residence permit for personal reasons must prove that they have a link with Luxembourg or with an EU or Schengen Area country. This may be because they are already living in Luxembourg as a result of family reunification, because they have strong and lasting personal or family ties with the person(s) they wish to join in Luxembourg[2], or because of the source of their financial resources.
Source of financial resources
An applicant for a residence permit for personal reasons must be able to support themselves using "their own resources". The Law now expressly states that these resources may only derive from:
- a professional activity carried out in another EU or Schengen Area member state; or
- a retirement, disability or survivors’ pension paid by a Luxembourg social security institution or equivalent in another EU or Schengen Area member state.It will now be harder for third-country nationals with no links to Luxembourg or the EU (in the broadest sense) to obtain a residence permit for personal reasons, despite having proof of sufficient resources. If an applicant does not meet the new criteria laid down by the Law, they may have to apply for a different type of residence permit. For third-country nationals with sufficient resources, the residence permit for investors will be a preferred alternative to the residence permit for personal reasons, provided they meet the conditions for obtaining the investors’ residence permit. The Law comes into force on 12 May 2023.
[1] This includes health insurance cover and suitable housing.
[2] The Law also aims to exclude polygamy by specifying that, in the context of an application to join a partner, a residence permit will only be issued to the applicant if neither of the two partners concerned is married to or in a civil partnership with another person.
Author: Raphaelle Carpentier
