Best Dependent Visa Lawyers in Sanem

About Dependent Visa Law in Sanem, Luxembourg

A dependent visa in Luxembourg allows certain family members to join or accompany a person who is lawfully residing in Luxembourg. This is often called family reunification for third-country nationals, and family member residence rights for EU or EEA citizens. Sanem is a municipality in the canton of Esch-sur-Alzette, and local steps such as arrival declarations and residence formalities are handled with the Sanem commune. National immigration decisions are made by the Directorate of Immigration of the Ministry of Foreign and European Affairs.

Broadly, the process involves two levels. First, national authorization to stay and, if required, a long-stay D visa to enter Luxembourg. Second, local registration in Sanem and application for a residence permit card after arrival. The exact pathway depends on whether the sponsor is an EU or EEA citizen, a Swiss national, or a third-country national, and on the type of family relationship.

Why You May Need a Lawyer

Dependent visa and family reunification rules are detailed and time sensitive. A lawyer can help you avoid refusals and delays in situations such as:

- Confirming eligibility for spouses, registered partners, minor children, and other family members, especially in mixed-nationality families- Preparing complete applications, including legalized and translated documents, proof of genuine relationship, and adequate housing and resources- Addressing complex histories, such as previous refusals, overstays, criminal records, or gaps in documentation- Advising on rights to work, study, and access social services after arrival- Handling reunification for beneficiaries of international protection, which follows specific rules and timelines- Managing custody or consent documents for minor children when the other parent is abroad- Challenging a refusal before the Administrative Tribunal and requesting interim relief if necessary- Coordinating steps in both the home country and Luxembourg, including visa appointments and local registration in Sanem

Local Laws Overview

Key legal sources include Luxembourg’s Law of 29 August 2008 on free movement of persons and immigration, as amended, and EU rules on free movement and family reunification. Important practical points include:

- Eligible family members: For third-country nationals, typically spouse, registered partner recognized in Luxembourg, and minor children. For EU or EEA citizens in Luxembourg, a wider circle of family members may qualify, including certain dependent ascendants and adult dependent children, subject to proof of dependency.

- Resources and housing: The sponsor in Luxembourg usually must show stable and sufficient resources, health insurance, and adequate housing for the family. Proof often involves employment contracts, recent payslips, lease agreements, and insurance certificates. Adequate housing may be verified at commune level.

- Authorization to stay and visa: Many applicants first obtain a temporary authorization to stay issued by the Directorate of Immigration. If they are from a country subject to visa requirements, they then apply for a long-stay D visa to enter Luxembourg.

- Arrival in Sanem: After arriving in Luxembourg, you must declare your arrival at the Sanem commune. Third-country nationals generally have 3 working days to declare arrival. EU or EEA citizens generally have 8 days. The commune may issue a registration certificate or residence attestations as part of the process.

- Residence permit: Third-country national family members must apply for a residence permit card within 3 months of arrival. This involves a medical check, biometrics, and submission of supporting documents. The residence card is typically valid for a limited period and can be renewed.

- Right to work: Family members of EU or EEA citizens usually have broad access to the labor market. Family members of third-country nationals may be able to work based on their residence card status. The specific rights are shown on the residence card and should be verified in each case.

- Processing times and appeals: Processing can take several weeks to months. If refused, applicants usually have a right to appeal to the Administrative Tribunal within a strict deadline stated in the decision letter.

Frequently Asked Questions

Who can qualify as a dependent for family reunification in Luxembourg?

For most third-country national sponsors, the main eligible family members are a spouse, a registered partner recognized by Luxembourg, and minor children. For EU or EEA sponsors residing in Luxembourg, certain other family members, such as dependent parents or adult dependent children, may also qualify if dependency and household composition are proven.

Do I need a visa to enter Luxembourg as a dependent?

If you are from a country that requires a visa to enter the Schengen Area, you will usually need a long-stay D visa after receiving a temporary authorization to stay. Nationals of visa-exempt countries may enter without a D visa but still require the authorization to stay and must complete residence formalities after arrival.

What documents are commonly required?

Expect to provide a valid passport, recent photos, proof of family relationship such as marriage or birth certificates that are legalized or apostilled and translated if required, proof of the sponsor’s legal residence in Luxembourg, proof of sufficient resources and housing, health insurance coverage, and a recent criminal record extract from your country of residence. Exact requirements depend on your situation.

How long does the process take?

Timelines vary based on workload and the completeness of your file. It can take several weeks to a few months for authorization and visa processing. After arrival, allow additional time for medical checks, biometrics, and production of the residence card. Plan accordingly and avoid travel commitments until you have the necessary approvals.

Can I work in Luxembourg as a dependent?

Many dependent family members can work in Luxembourg, but the conditions differ. Family members of EU or EEA citizens typically have broad access. For third-country national sponsors, your residence card will indicate whether you can work without additional authorization. Check the mention on the card and seek legal advice if unclear.

Do dependent children have access to public school and healthcare?

Yes. School-age children residing in Luxembourg can enroll in public schools. For healthcare, dependents must have health insurance. Coverage is often through the sponsor’s affiliation to the national system, or via private insurance until national coverage starts.

What if my documents are not in French, German, or English?

You will likely need certified translations into one of Luxembourg’s accepted languages. Some documents also require legalization or an apostille. A lawyer can help confirm what level of certification is required and where to obtain it.

What happens after I arrive in Sanem?

Declare your arrival with the Sanem commune within the legal deadline. Then complete the medical examination steps, submit biometrics at the Directorate of Immigration as instructed, and apply for the residence card within 3 months. Keep copies and receipts of all submissions.

Can my parents join me as dependents?

If you are an EU or EEA citizen in Luxembourg, dependent ascendants may qualify in certain cases. If you are a third-country national, reunification for parents is generally not available, except in limited situations defined by law. Always verify based on your status.

What can I do if my application is refused?

You can usually appeal to the Administrative Tribunal within the deadline stated in the decision letter. An immigration lawyer can review the reasons for refusal, assess supporting evidence, and file an appeal or a new application if appropriate.

Additional Resources

- Directorate of Immigration, Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade

- Commune of Sanem, Population Office, for arrival declarations and local certificates

- Guichet.lu Government Information Portal for official procedures and forms

- Luxembourg Bar, for lawyer referrals and legal representation

- NGOs supporting migrants and families, such as ASTI, CLAE, and Caritas Luxembourg

- National Health Fund CNS for health insurance affiliation information

Next Steps

- Map your status: Determine whether the sponsor is an EU or EEA citizen, a Swiss national, or a third-country national. This affects eligibility and documents.

- Gather documents early: Order civil status records, obtain apostilles or legalizations, and arrange certified translations. Collect proof of housing, insurance, and financial resources.

- Seek legal advice: Consult an immigration lawyer to confirm eligibility, tailor your document list, and avoid common pitfalls. Ask about timelines, work rights, and appeal strategies.

- Apply for authorization: Submit the temporary authorization to stay request to the Directorate of Immigration. When approved, book your D visa appointment if required.

- Prepare for arrival in Sanem: Plan to declare your arrival at the Sanem commune within the legal deadline, complete the medical checks, and submit biometrics.

- Keep evidence organized: Save copies of submissions, commune attestations, and appointment proofs. Track expiry dates for visas and residence cards so you can renew on time.

- If refused: Note the appeal deadline immediately and contact a lawyer to assess your options for appeal or reapplication.

This guide is informational and not a substitute for legal advice. Laws and procedures change. A qualified Luxembourg immigration lawyer can provide advice tailored to your circumstances in Sanem.