Best Dependent Visa Lawyers in Diekirch

About Dependent Visa Law in Diekirch, Luxembourg

In Luxembourg, a dependent visa is generally the pathway used for family reunification. It allows certain family members of a person who is lawfully living in Luxembourg to join and reside with them. The legal framework is national, so the rules are the same in Diekirch as in the rest of the country. Day to day steps like registering your address take place with the local commune in Diekirch, while applications and decisions are handled by the national Directorate of Immigration under the Ministry of Foreign and European Affairs.

Two main situations exist. First, where the sponsor is a Luxembourgish or other EU or EEA citizen living in Luxembourg, family members benefit from EU free movement rules. Second, where the sponsor is a non EU national who holds a valid Luxembourg residence permit, family reunification is governed by Luxembourg immigration law. In both cases, eligible family members typically include a spouse or registered partner and minor children, with possible extensions to dependent adult children or dependent parents under strict conditions. The usual process involves a long stay visa if needed, then arrival in Luxembourg, medical checks, registration with the commune in Diekirch, and application for a residence card.

Why You May Need a Lawyer

Many people handle simple family reunification on their own. However, legal help can be valuable when documents need legalization or sworn translation, when there are prior immigration issues, or where the family structure is complex. A lawyer can explain eligibility, identify the correct permit category, and anticipate problems before they delay the file.

Common situations where legal guidance is helpful include previous visa refusals or overstays, cross border marriages, adoption or guardianship cases, blended families and stepchildren, proof of dependency for adult children or parents, recognition of foreign marriages or registered partnerships, evidence of sufficient resources and adequate housing, sponsor job changes or permit renewals during the process, and appeals after a refusal or delay. In Diekirch, a local lawyer can also coordinate with the commune for registration requirements and interact with national authorities for you.

Local Laws Overview

Luxembourg regulates dependent visas and family reunification mainly under the Law of 29 August 2008 on free movement and immigration, as amended. Family reunification for non EU sponsors is influenced by EU Directive 2003-86-EC, and family members of EU citizens benefit from EU free movement rules under Directive 2004-38-EC. Short stay and entry visas are governed by the Schengen Visa Code for nationals who require a visa to enter.

Key points that commonly affect applications in Diekirch and elsewhere in Luxembourg include eligibility, where spouses, registered partners, and minor children are the core group, with possible inclusion of dependent adult children or dependent parents. Documents must prove the family relationship, usually with marriage or birth certificates, legalized or apostilled and translated if not in a language accepted by the authorities. The sponsor must generally show sufficient regular resources in Luxembourg and have adequate housing and health insurance for the family. Third country national sponsors typically must hold a residence permit that is valid for at least one year and show prospects of continued residence. After entry, non EU family members usually need a long stay visa if their nationality requires one, must undergo a medical check by the Medical Commission, register with the Diekirch commune, and complete biometrics to receive their residence card. Processing times can take several months, and administrative fees apply. Family members of EU citizens benefit from faster procedures and fee waivers in some steps. Refusals can be appealed administratively and then before the Administrative Tribunal within strict deadlines.

Frequently Asked Questions

Who qualifies as a dependent for family reunification in Luxembourg

Typically a spouse or registered partner and minor unmarried children are eligible. In some cases, dependent adult children and dependent parents can qualify if they can prove dependency and meet specific legal conditions. Unmarried partners may qualify only if the partnership is legally recognized or meets strict criteria, which is assessed case by case.

Can same sex spouses or partners apply

Yes. Luxembourg recognizes same sex marriages and registered partnerships. The same eligibility rules apply if the marriage or partnership is valid in the place where it was formed and the relationship is documented in the required manner.

Do we need a visa to enter Luxembourg before applying for the residence card

Nationals of some countries require a long stay type D visa to enter for family reunification. Others are visa exempt for entry but must still complete the residence procedures after arrival. Whether you need a visa depends on nationality and the type of family reunification.

What documents are usually required

Expect to provide passports, recent photos, proof of family relationship such as marriage or birth certificates, proof of sponsor status such as residence permit or EU residence, evidence of sufficient resources and adequate housing, health insurance, clean criminal record certificates when required, and legalized or apostilled documents with sworn translations if needed. The commune in Diekirch may ask for a lease, proof of address, and civil status records when you register.

How long does the process take

Processing can take several months. The law allows significant timeframes for family reunification decisions, and additional time is needed for visas, medical checks, registration at the commune, and production of the residence card. Times vary depending on workload and the completeness of the file.

Can family members work in Luxembourg

Work rights depend on the status of the sponsor and the type of residence card issued. Family members of EU citizens normally have the right to work. Many family members of third country nationals can work after receiving their residence card, but conditions or notifications may apply. Always check the endorsement on the residence card and seek advice before taking up employment.

Is a language test required for family reunification

For the initial family reunification, a language test is not generally required. Language requirements may arise later for long term residence or naturalization. Integration and language courses are widely available and recommended.

What happens if our marriage certificate is from another country

Foreign civil status documents must be legalized or bear an apostille depending on the country of origin, and must be translated by a sworn translator if not in a language accepted by the authorities. Incomplete or improperly legalized documents are a common cause of delays.

Can a refusal be appealed

Yes. You can normally file an administrative appeal with the Ministry within a set period, and you may then bring a judicial appeal to the Administrative Tribunal if needed. Deadlines are strict, so seek legal advice promptly after a refusal.

What if the sponsor changes job or loses employment during the process

The sponsor must maintain sufficient resources and a valid residence status. A job change or loss can affect eligibility. Inform the authorities of material changes and get legal advice on how to document ongoing resources and maintain compliance.

Additional Resources

Directorate of Immigration under the Ministry of Foreign and European Affairs handles applications, decisions, and general policy. The Commune of Diekirch manages local registration, residence attestations, and practical settlement steps. The Barreau de Diekirch helps you find local lawyers experienced in immigration and family reunification. Community organizations such as ASTI, CLAE, Caritas Luxembourg, and the Luxembourg Red Cross offer guidance on integration, documentation, and social support. The Medical Commission carries out required medical examinations after arrival. The national public information portal and relevant ministries provide forms, checklists, and updates on procedures and fees.

Next Steps

First, identify your situation. Confirm whether the sponsor in Luxembourg is an EU citizen or a third country national, and list the family members who wish to join. This determines the legal route and documents required.

Second, gather documents early. Obtain passports, civil status records, and proof of relationship. Arrange legalization or apostille and sworn translations. Start collecting proof of housing, income, and health insurance. Keep copies of everything.

Third, consult a professional if your case is complex. A lawyer in Diekirch can review eligibility, verify document formalities, and outline timelines and fees. This is especially important if you have prior immigration issues, dependency claims for adult relatives, or unusual circumstances.

Fourth, follow the sequence of steps. If a visa is needed, apply at the competent consulate. After arrival, complete the medical check, register with the Diekirch commune within the required time, submit biometrics, and apply for the residence card within legal deadlines.

Finally, plan for renewal and integration. Track the residence card expiry, keep your address registration current with the Diekirch commune, and enroll in language or integration courses if helpful. If you receive a refusal or delay, act quickly to seek advice on remedies and appeals within the applicable deadlines.