Although the United Kingdom and the European reached a last-minute Brexit-Deal, the rules on the freedom of movement of people have changed significantly since 1 January 2021 for UK citizens and their families.
The free movement for EU citizens, that used to be applicable to British nationals, are no longer applicable as of 1 January 2021.
Besides the short-term visits that are regulated by the Brexit-Deal, the entry requirements to Luxembourg are regulated by the modified Law of 29 August 2008 on immigration (the “Law of 2008”).
2 different scenarios apply:
- UK citizens residing legally in Luxembourg before 1 January 2021
- UK citizens residing in the UK after 1 January 2021
- UK nationals living in Luxembourg before the 1st January 2021
On 1 February 2020, the withdrawal of the United Kingdom from the European Union became effective.
The Withdrawal Agreement provided a transition period from the 1 February 2020 until 31 December 2020.
During that transition period, it was possible for UK citizens and their family to continue residing in Luxembourg or to move to Luxembourg under the rules applicable to EU citizens.
However, since the end of the transition period (i.e. 31 December 2020), it is mandatory for UK citizens and their family who wish to reside in Luxembourg to apply for a specific residence document that certifies his status as beneficiary of the Withdrawal Agreement.
In other words, UK citizens and their family who are legally residing in Luxembourg before 1 January 2021 have the possibility to apply for a simplified residence permit without the need to apply for a formal permit under the rules applicable to third-country nationals.
This simplified procedure is also applicable to third-country national family members of the UK citizen and residing legally in Luxembourg before the 1 January 2021.
The application for the new residence document must be submitted until 30 June 2021 at latest.
The former residence document delivered by the municipality (attestation d’enregistrement, attestation de séjour permanent, carte de séjour du membre de famille d’un citoyen de l’Union, carte de séjour permanent du membre de famille du citoyen de l’Union) remains valid until its replacement by the new residence permit.
The new residence permit certifying that the person is covered by the Withdrawal agreement must be submitted until 30 June 2021 at latest.
2. UK citizens residing in the UK after 1 January 2021
A. Traveling to Luxembourg for Tourism
It has been explicitly foreseen in the Brexit-Deal that:
“The Parties note that on the date of entry into force of this Agreement both Parties provide for visa-free travel for short-term visits in respect of their nationals in accordance with their domestic law.”
Therefore, UK citizens do not require a visa for short stays in Luxembourg for tourism.
The stays should not exceed 90 days within a period of 180 days.
B. Traveling to Luxembourg for Work, Study or other reasons
Since 1 January 2021, the immigration rules applicable to third-country nationals are now also applicable for the UK citizens, not already residing legally in Luxembourg before this date, who wish to enter Luxembourg for a stay exceeding 90 days.
UK citizens that wish to stay for a period longer than 90 days, will need to apply for one of the permits listed by the Law of 2008 (more information on the different permits that can be applied for can be found here).
In most cases, the application will need to be submitted to the Immigration Authorities from outside of Luxembourg and the applicant will need to wait to be approved, before being allowed to enter the country.
Do not hesitate to contact us should you require assistance in immigration matters.
