Exploring the Flexibility of Luxembourg's Private Reasons Immigration Scheme
January 23, 2025
By: Virginie Todesco, Chiara Caredda
One of Luxembourg’s key priorities is diversifying its workforce and residents. Luxembourg has a long history of building and maintaining an investment-friendly business climate, offering broad opportunities and attractive incentives not only to companies, but to individuals looking to relocate as well—even those who do not plan to be employed in the country.
Luxembourg’s “Private Reasons” or “Vie Privée” immigration scheme allows individuals to reside in Luxembourg for longer than three months based on their own financial means, without being employed in Luxembourg, as long as they can prove they will not be a burden on Luxembourg social welfare. EU citizens and nationals from assimilated countries (Iceland, Liechtenstein, Norway and Switzerland) are not eligible to apply for this permit.
In 2023, Luxembourgish authorities received 406 applications for the Private Reasons permit, making it one of the lesser-known permit types in Luxemburg. In contrast, authorities received around 2,850 applications for local hires, and more than 3,000 in dependent applications. The majority of individuals applying are Indian, Russian and Chinese nationals.
Please note a different route exists for passport holders from those countries, which also has similar facilitations, but this blog focuses distinctly on the Private Reason scheme.
Who can apply
The Private Reasons permit allows individuals with a variety of backgrounds to apply. Qualification criteria include one of the following:
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- The applicant can demonstrate adequate financial resources to reside in Luxembourg. These resources must come from employment in another EU or Schengen country, or from a pension if they are retired; or
- The applicant has strong familial and relationship ties with the individual they intend to join in Luxembourg. Note that the applicant cannot pursue the family reunification path that grants Family Member status, as it is limited to spouses and children under 18 years old. In very exceptional cases, children older than 18 years or ascendants may qualify; or
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- The applicant is joining their unmarried/non-registered partner with whom they have a long-lasting and stable relationship; or
- The applicant is a third-country national and can assert exceptionally serious humanitarian reasons.
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Common application scenarios
From Fragomen professionals’ observations, the Private Reasons category is most often used by individuals joining family members or partners.
When applying, it is essential to demonstrate strong and stable personal or familial connections with the individual one intends to join. Additionally, the applicant must provide evidence that they will not impose a financial burden on Luxembourg society by showing that the person they are joining possesses adequate financial resources to provide support.
In this specific situation, in order to build a strong case with the Ministry of Home Affairs, an applicant must provide as many documents as possible to show the relationship and the need to join the person to the point that a refusal of residence would violate their right to respect for their private and family life in a way that is disproportionate to the grounds for refusal.
These aforementioned scenarios are the most common, but an individual residing in Luxembourg with Family Member status may also apply for private reasons. Such applications are valid in cases where there is a breakdown of common life due to the death of the sponsor, divorce, annulment of the marriage or dissolution of the partnership, provided these occur at least three years after receiving authorisation for family reunification. Additionally, applications are warranted in particularly challenging situations, especially when the breakdown is caused by domestic violence. In this case, the applicants must prove that they can live off their own resources.
This immigration category is unique because it serves as an alternative when standard options are unavailable, rather than being designed for a specific situation. The law does not specify a list of required documents, and approval is entirely at the discretion of the immigration authorities. Therefore, applicants must build a strong case by providing as much evidence as possible.
Possibility to work with the Private Reasons status
A third-country national can carry out a salaried activity on an ancillary basis under the Private Reasons status if a specific application for a work permit is submitted.
The individual could exercise an employed activity if the professional qualifications required to carry out the activity in question are met and if in possession of an employment contract.
Unlike the residence permit application, this work permit application must be submitted to the Immigration Directorate of the Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade.
Once the application is approved, the work permit will be on the same card as the residence permit for Private Reasons and will be valid for a specific profession and sector.
The work permit is renewable and may have a different validity period than the permit issued for private reasons, effective from the date the application is approved. Additionally, certain categories of individuals holding a Private Reasons permit may be exempt from requiring a work authorisation to promote employment opportunities in Luxembourg. For instance, this exemption applies to recent graduates who secure employment related to their field of study or researchers completing their assignments. In these cases, they will be exempt from obtaining a work permit for the duration of their Private Reasons permit.
The application
If applying from abroad, the applicant must apply for a temporary residence authorisation and submit the required documentation to the Ministry of Home Affairs in Luxembourg.
If the application is approved (typically within three months), the Ministry issues a temporary residence authorisation valid for 90 days that allows the individual to relocate to Luxembourg within its validity – if Visa exempted in Schengen – or, to apply for a Visa to reach Luxembourg – if visa national in Schengen.
As mentioned, a standard application does not grant automatic work authorisation. If the applicant wishes to work, additional documents must be provided.
If applying in-country, a change of status must be submitted before the expiration of the current permit and the applicant can wait in country while the application is under process. If the application is approved (typically within three months), the applicant will receive an approval letter.
The documents must be in one of the languages accepted by the authorities: English, French or German.
The residence permit with the Private Reasons status is valid up to a maximum three years with the possibility of renewal.
Benefits
Once the Private Reasons status is granted, the individual has the right to reside in Luxembourg, with no need to apply for a visa when travelling within the EU and Schengen countries, to access the national health system and education.
After five years of residency, the individual may be eligible for EU Long-Term Residency in Luxembourg.
Need to know more?
Even if you are unsure whether you qualify for the Private Reasons permit, Fragomen professionals are committed to helping you explore all available options. For further information or questions on Luxembourg’s immigration requirements, please contact the team at [email protected].
This blog was published on 23 January 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.