Abstract :
[en] In Luxembourg, family reunification is one of the main reasons for immigration of third-country nationals. In fact, “family member” and “private reasons (family links)” residence permits (first deliveries and renewals) represented more than a third of all residence permits issued during the last three years.
While the right to family reunification was solely provided by international law and regulated by administrative practice until 2008, the transposition of Directive 2003/86/EC of 22 September 2003 on the right to family reunification led to a much more precise and detailed legal framework.
A notable change in legislation has been proposed with the introduction of bill n° 6992 , namely the harmonisation of the conditions that apply to third-country national employees with those of Blue Card holders and researchers. Thus, family reunification requirements for certain categories of applicants shall be alleviated through the abrogation of the 12-month residence requirement for the sponsor.
In order to apply for family reunification in Luxembourg, sponsors have to meet a number of requirements for exercising the right to family reunification, which include the provision of suitable accommodation for the size of their family; meeting health and safety standards; health insurance; as well as stable and regular resources to provide for themselves and their family members. As recommended by Directive 2003/86/EC, Luxembourg sets out more favourable conditions to beneficiaries of international protection for the exercise of their right to family reunification. Thus, they do not have to comply with the above-mentioned requirements in case they apply for family reunification within 3 months of being granted the status.
Family members who have come to Luxembourg under family reunification have access to education, orientation, vocational training, lifelong learning and professional retraining once their residence permit has been issued. Family members furthermore have access to the labour market. In case the family member has resided in Luxembourg for less than one year when the application is submitted, it will be submitted to the labour market test. Family members can also, under a number of conditions, benefit from guaranteed minimum income, social aid, long-term residence status as well as citizenship.
National stakeholders noted that the requirement of finding appropriate accommodation and proving stable and regular resources is one of the main challenges for sponsors. For family members as well as sponsors, having sufficient financial resources to cover the costs of family reunification can be another challenge to accessing family reunification. Family members of beneficiaries of international protection in particular face the more procedural challenge of providing proof of identity and family links, which can be difficult due to lacking documentation, differing administrative practices in the country of origin and/or the lack of cooperation of institutions. Gaining access to family reunification is also particularly difficult for beneficiaries of international protection who arrived in Luxembourg as unaccompanied minors but reached adulthood during the examination of their file, as they must provide proof of their family member’s dependency upon them. The limited number of diplomatic representations of Luxembourg abroad poses a challenge both to family members who must present themselves there, as well as for the Luxembourgish authorities who require information on certain countries.
Perceived as a best practice with regard to family reunification are the information that NGOs and the lawyers in the field of migration and asylum provide to beneficiaries of international protection with regard to procedures of family reunification, thereby contributing to the beneficiary’s ability to enter an application for family reunification within the 3-month period. The practice of accepting the submission of an application of family members of beneficiaries of international protection that contains only a commencement of proof of family links and allowing for the finalisation at a later date is also perceived as a good practice, as it enables them to exercise their right to family reunification while benefitting from more favourable conditions. Furthermore, the issuance of a “laisser-passer” for beneficiaries of international protection who cannot obtain travel documents is perceived as a big step forward by national stakeholders. Lastly, Restoring Family Links, a service provided by the Luxembourgish Red Cross, is also considered a reliable tool with regard to tracing missing family members abroad.
