COVID-19: State of emergency and immigration rules
On 17 March 2020, Luxembourg’s Prime Minister, Mr. Xavier Bettel has declared the country in a state of emergency.
Indeed, article 32.4 of the Luxembourg Constitution states that “a state of emergency can be declared in the event of an international crisis, real threats to the vital interests of all or part of the population or imminent danger resulting from serious breaches of public security”.
The state of emergency initially lasts for 10 days and can then be extended for a period of up to three months, which is the expected timing of this extraordinary measure.
How does the state of emergency impact immigrants legally residing in Luxembourg?
If you are a EU national or a third-country national with a valid authorization to stay in the Grand Duchy of Luxembourg, it does not impact your rights
If you are a third-country national who has been delivered one of the following documents to reside in Luxembourg AND such document expires from March 1st, 2020 onwards:
- Short-stay or long-stay visa;
- Temporary autorisation to stay;
- Permanent autorisation to stay;
THEN your residency in Luxembourg shall stay legal, even after the expiry of your document, and for as long as the state of emergency shall apply.
If you are a third-country national who is not subject to visa requirement to enter Luxembourg AND your stay has now exceeded 90 days, your stay shall be deemed regular for the duration of the state of emergency.
If you are an asylum seeker and your pink paper that certifies that you have filed for an international protection now expires, it shall be extended for the duration of the state of emergency. Those special measures are automatic, meaning that no steps or specific requests shall be made by the concerned persons in order to benefit from them.
By: Me Cora MAGLo, avocat à la Cour