Legal basis
The Law of 29 August 2008 on the free movement of persons and immigration, as amended (hereafter « the Law») applies to this situation.
Article 69 paragraph 3 of the Law states that “The beneficiary of international protection may request the reunification of the members of his family defined in Article 70”.
Indeed, If you have been granted asylum in Luxembourg, you are allowed to reunite with some family members.
If you wish to reunite with your family members who are currently living outside of Luxembourg, you will need to follow a specific procedure.
I. The family members
Family reunification is not possible for all family members.
The following family members are allowed to reunite with the beneficiary of international protection (or BPI) if they belong to one of the following categories:
(a) the spouse of the applicant, provided that s(he) is above 18 at the time of application. It must be noted that reunification of a spouse is not authorized in the case of a polygamous marriage, if the sponsor already has another spouse living with him or her in the Grand Duchy of Luxembourg
(b) the partner with whom the third-country national has entered into a registered partnership in accordance with the substantive and formal conditions laid down by the amended Act of 9 July 2004 on the legal effects of certain partnerships, provided that s(he) is above 18 at the time of application.
(c) the unmarried children under the age of 18 of the sponsor and/or his/her spouse or partner, as defined in point (b) above, provided that they have custody and responsibility for them, and in the case of shared custody, provided that the other person with custody has given his/her agreement. )
(d) If the person who has been granted asylum in Luxembourg is a minor and is unaccompanied when granted asylum, then s(he) can also apply for reunification with his/her first-degree relatives in the direct ascending line.
In addition to the above-mentioned categories, the Law states that the Minister may extend family reunification, to the following categories:
(e) first-degree ascendants of the applicant or his/her spouse or partner (mother and father), when they are dependent on him/her and deprived of the necessary family support in their country of origin;
(f) unmarried adult children of the applicant or his/her spouse or partner, where they are objectively unable to provide for themselves due to their state of health;
(g) legal guardian or any other family member of the unaccompanied minor who is a beneficiary of international protection and has no direct ascendants.
II. The conditions
The applicant itself must meet some criteria:
(a) Prove that s(he) has been granted the international protection
(b) Send the application within 6 (six) months of being granted the international protection
However, it should be noted that if the application is made after 6 months of being granted international protection, it will not be automatically denied.
The applicant will have to provide evidence that s(he) has stable, regular and sufficient resources to support themselves and their dependent family members without recourse to the social assistance system, as well as appropriate housing for them, and private insurance to cover the risks of sickness and repatriation.
The family members must meet certain criteria to be allowed in Luxembourg.
a) To prove that they belong to one of the above-mentioned categories
b) To prove that they do not constitute a danger to public order, public safety or public health.
In addition, family members who belong to categories (e) to (f) above-mentioned must prove that they are indeed dependent on the applicant and deprived of the necessary family support in their country of origin or unable to provide for themselves due to their state of health, as the case may be.
III. The procedure and timing
It is important to keep in mind that the application must be made by the beneficiary of international protection while the family members are still in their country of origin, or outside of Luxembourg.
You must submit an application for the reunification of your family member to the Luxembourg Immigration Directorate.
You will need to provide documents to prove your relationship with your family members, such as birth certificates and marriage certificates.
The Luxembourg Immigration Directorate will review your family reunification application and make a decision. It will take a few months before you are notified of a decision.
If your request is approved, your family members will be allowed to join you in Luxembourg. If it is denied, you can appeal the decision.
Once the application has been granted, the family members will have to apply for a visa in order to travel to and enter Luxembourg. They can do this by visiting the Luxembourg embassy or consulate in their home country.
You should also start preparing for the arrival your family members at this stage. This includes arranging for housing, schooling, and other necessary services.
The deadline for a response from the Ministry of Foreign and European Affairs is in principle a maximum of 9 months. If there is no response within this period, the applicant may consider his or her application rejected.
Usually, a reply will be provided before the deadline, however, it’s always best to start the process as soon as possible.
Additionally, you may want to seek the assistance of a lawyer or an organization that specializes in immigration and refugee issues to help you navigate the process.
CERNO LAW FIRM has the necessary expertise to advise and assist you with the reunification of your family members to the Grand Duchy of Luxembourg.
