In a previous article, we have outlined what British citizens need to know (and do) to stay in Luxembourg in the event of a deal or in the event of a no-deal (the article can be found here).

A draft Grand-ducal Regulation (the “Draft Regulation”) has been published setting-out further details on the procedures and documents to submit for British citizens and their family members in the case of a Deal.

First of all, the Draft Regulation outlines the procedure for the submission of the applications and the issuance of the permits for beneficiaries of the Withdrawal Agreement, ie:

• British nationals residing in Luxembourg as well as their family members (regardless of the nationality of the family members) at the time of the withdrawal from the UK,
• British nationals, and their family members, arriving in Luxembourg as of the date the Withdrawal agreement of 30 March 2019 comes into force and before the end of the transition period, currently set to 31 December 2020 (with the possibility of an extension);
• family members of a British national in the situation described above who arrive in Luxembourg after the end of the transition period.

According to the Draft Regulation, the permit to be issued to British citizens and their family members (if they are British citizens as well) will be valid for 10 years.

The permit to be issued to family members of British citizens who are third country nationals will be valid for 5 years. The validity of the permit to be issued for these family members may be shorter if the permit delivered to the British citizen who they are dependent on, is shorter than 5 years.

If and when the Draft Regulation becomes effective, will of course depend on the outcome of the Brexit negotiation.

For any questions regarding immigration issues, please do not hesitate to contact us.