The different possibilities for a person to acquire Luxembourg citizenship are foreseen by the amended Law of 8 March 2017 on Luxembourg citizenship (the “Law of 2017”).

Provided a person fulfills all other requirements, he/she is eligible to apply for naturalization after 5 years of having his/her “usual residence” (résidence habituelle) in Luxembourg. The final year of residence immediately preceding the naturalization application must have been an “uninterrupted” stay.

Based on this definition, what sort of absence from the country can be considered as “not interrupting” the stay in Luxembourg?

The Law of 2017 does not, itself, provide a definition of “usual residence” nor does it define what causes such residence to be considered as interrupted. The Law of 2017 does however refer for this to the amended Law of 19 June 2013 on the identification of physical persons (the “Law of 2013”).

According to the Law of 2013, temporary absence from the territory of the municipality in which the person resides does not constitute a change of usual residence.

The following situations are considered as “temporary absence” (ie not affecting the continuance of the usual residence):

(a) persons admitted to hospitals, specialized hospitals, rehabilitation homes, convalescent homes, establishments for thermal cures, diagnostic centers and other public or private establishments intended to receive patients, integrated centers for the elderly, rest and care homes, hospitals or parts of hospitals assimilated to rest and care homes, any other medico-social establishment providing day and night care, and psychiatric establishments;
b) persons who are absent from Luxembourg territory for less than one year for health or tourism reasons;
c) persons who, exceptionally and uniquely, for professional reasons, carry out a specific mission outside Luxembourg territory;
d) persons who reside, for study reasons, outside their usual place of residence and who are covered by their parents’ social security;
e) persons detained in prisons;
f) members of the Luxembourg Army, the Grand-Ducal Police and the Administration of Customs and Excise seconded abroad, either to an international or supranational organization or to a military base in a foreign country
g) diplomatic agents, members of the administrative and technical staff of Luxembourg diplomatic and consular missions, consular officials and career consular employees
(h) persons sent by the competent minister on a cooperation mission for the duration of their cooperation mission.

For any further questions regarding the conditions to obtain Luxembourg citizenship, please don’t hesitate to contact us.