The answer will depend on your marital status and nationality.
Let us start with the simplest case. If both you and your spouse/partner are EU citizens (or nationals from Iceland, Liechtenstein, Norway or the Swiss Confederation) wishing to stay in Luxembourg for less than 3 months, you don’t need to register for anything. You must simply be in possession of a valid national ID card or passport. As EU citizens, you both benefit from freedom of movement within the EU, which gives you the right to live and work in any EU country.
For stays longer than 3 months, you reserve the right to reside in the country if you complete certain formalities (declaration of arrival at the commune, registration statement, etc.) and do not become unreasonably dependent on social welfare. This dependency is currently assessed by considering criteria including the amount and duration of the non-contributory benefits and period of residency. Concretely, non-working persons wishing to stay in the country for more than 90 days must provide proof that they have sufficient resources to avoid dependency on the social welfare system and are affiliated to a health insurance scheme.
If you live in free union and are non-registered partners, you must be able to prove the long-term nature of your relationship and request the recognition of the existence of the relationship to the Immigration Directorate of the Ministry of Foreign and European Affairs. If you have a child together, you must provide documents proving that you share parental responsibility (child’s birth certificate, household composition certificate issued by the last country of residence, etc.).
If you are a childless couple, you must demonstrate how strong, stable and long-lasting links are by providing documents certifying that you have been in an uninterrupted lawful cohabitation for at least a year prior to the application. You must also prove that you were residing lawfully in your previous country of residence (residence permit issued by the country of residence concerned, etc.). Once your long-term relationship has been recognised by the Immigration Directorate, the recognition must be disclosed via the family member registration form.
If your spouse/partner is a third-country national, they may stay in Luxembourg regardless of the duration (less or more than 3 months) provided that they are effectively considered as a family member.
If you are non-registered partners, you must follow the same procedure described above. Your spouse/partner must hold a valid passport - and, where applicable, an entry visa - before arriving in Luxembourg. For stays longer than 3 months, they must apply for a residence permit. Your spouse/partner also has the right to carry out a professional activity without requesting prior authorisation.
If both of you are third-country nationals, your spouse/partner must be in possession of a valid passport and, based on their nationality [1], a short stay visa if they wish to reside in Luxembourg for less than 90 days over a 6-month period. Other formalities must be performed, including documents proving that your spouse/partner has sufficient resources for the duration of their stay, for the return to their country of origin or transit to another country. A statement of financial support where you bear the responsibility of living and return costs of your spouse/partner can serve as alternative proof of sufficient financial resources.
If your spouse/partner wishes to come to Luxembourg for a period of more than 3 months for family reunification, they must follow a procedure in two consecutive steps. Before entering the country, they must submit an application for temporary authorisation to stay to the Immigration Directorate of the Ministry of Foreign and European Affairs, hold a valid passport and, if needed, a long stay visa. After entering the country, they must complete a declaration of arrival at the commune of residence in Luxembourg, undergo a medical check and submit an application for a residence permit. It is important to remember that certain family members and non-registered partners are not considered eligible for family reunification.
If your spouse/partner wishes to carry out a salaried activity on an ancillary basis, they must apply for a work permit before starting work. If they have been residing in Luxembourg for less than one year when the application is submitted, they will be subject to the labour market test; the employer must declare the vacant position to the National Employment Agency (Agence pour le développement de l’emploi – ADEM), for verification the position can be filled by an individual on the national or European labour market. If ADEM is unable to provide a candidate with the desired profile within 3 weeks, the employer may ask ADEM to provide a certificate allowing them to recruit the individual of their choice. If your spouse/partner wishes to carry out a salaried activity as their main activity, they must apply for a salaried worker residence permit. This means the labour market test is always required regardless of residence duration in Luxembourg.
After completing all the formalities required, all that is left to do is for your spouse/partner to make Luxembourg their new home. But that’s another story.
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[1] The list of countries of whose citizens require a visa is available (in French) at: https://maee.gouvernement.lu/dam-assets/services-aux-citoyens/visa-et-immigration/liste-des-pays-soumis-a-l-obligation-de-visa.pdf
