Cerno Law Firm

14.02.22 - Newsflash

A bill n° 7954[1] was introduced on 19 January 2022 by the Minister for Immigration and Asylum.


The main objective of the bill is to structure in a clear and coherent way the different categories of expulsion measures in order to better manage the phenomenon of illegal residence of third-country nationals on Luxembourg territory.


In addition, the draft bill aims at amending the residence permit for private reasons.


As of today, a person proving that he/she could live on his/her own resources could obtain a residence permit for private reasons.


The bill adds the condition that these resources come either from a professional activity exercised in another Member State of the European Union or the Schengen Area or from an old-age, invalidity or survivor's pension paid by a Luxembourg social security organisation or another Member State of the European Union or the Schengen Area.


This excludes the person who has sufficient resources on whatever basis (inheritance, income from capital, personal wealth, etc.) but who does not fall into one of the two categories referred to.


This bill therefore clearly restricts the possibility for third-country nationals to obtain a private life residence permit, leaving them with the possibility of trying to obtain an investor's residence permit.
 

[1] https://www.chd.lu/wps/portal/public/Accueil/TravailALaChambre/Recherche/RoleDesAffaires?action=doDocpaDetails&backto=/wps/portal/public/Accueil/Actualite&id=7954

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