Country Update 2026: LUXEMBOURG

Contributed by: Cora Maglo

May 2026

1. Legislative Changes

The main development concerns the transposition of Directive (EU) 2024/1233 on the single permit, which must be implemented by 21 May 2026 at the latest. This directive establishes a single application procedure allowing third-country nationals to obtain both a right of residence and a right to work in a Member State.

A draft law (No. 8586) is currently under consideration in Luxembourg. It provides for several substantial amendments to the amended Law of 29 August 2008 on immigration.

2. Business Immigration

At the level of the European Union, a major development concerns the reform of the single permit regime, introduced by Directive (EU) 2024/1233. This Directive aims to simplify and harmonise labour migration procedures for third-country nationals by combining, in a single procedure, the right of residence and the right to work.

The main changes brought about by this reform include a significant administrative simplification as well as a strengthening of the rights of migrant workers. In particular, the Directive provides:

• A reduction in the processing time for applications to approximately 90 days (from 120 days), with the possibility of extension in the case of complex cases.

• the introduction of a right to change employer during the period of validity of the single permit.

• A general objective aimed at making the European Union more attractive to skilled workers.

3. Family based immigration

Family immigration to Luxembourg remains stable and continues to play an important role in the integration of third-country nationals. Family reunification remains subject to strict conditions, particularly in terms of housing, financial resources and health insurance.

However, the Luxembourg authorities maintain a relatively balanced approach, in order to preserve family cohesion while ensuring control of migration flows.

4. Asylum

Creation of an Asylum and Immigration Tribunal

A draft law provides for the establishment of an “Asylum and Immigration Tribunal". This will not be a separate court, but rather a specialised chamber within the Administrative Tribunal. It will have jurisdiction to hear appeals in matters relating to asylum, immigration, and short-stay visas.

The entry into force of this new legislation is set for 1 June 2026, a date chosen to coincide with the applicability of the European Pact on Migration and Asylum. The tribunal is expected to begin operating on that date with a staff of sixteen judges.

Implementation of the European Pact on Migration and Asylum

A draft law is currently under preparation to implement the European Pact on Migration and Asylum. This text aims to amend several existing laws, in particular the law relating to international and temporary protection. The Council of State issued its opinion on this draft law on 3 April 2026, confirming that these legislative changes are expected during the 2025–2026 period and include the transposition of a European directive (Directive (EU) 2024/1346).

Discussions on safe third countries and externalisation

Parliamentary discussions have also taken place regarding the revision of the concept of “safe third country” and the possible conclusion of agreements to externalise the asylum procedure. A parliamentary question dated 23 July 2025 asked the government

about its position on removing the requirement of a prior connection between the applicant and the third country, as well as on the possibility of establishing return centres in third countries.

5. Deportation

Screening at the external borders

As from 12 June 2026, a new screening procedure will be introduced for third-country nationals at the external borders. This screening will include identity, security, health and vulnerability checks, before directing individuals to the appropriate procedure (asylum or return/removal).

In April 2026, a parliamentary question highlighted ongoing discussions within the Council of Europe concerning a political declaration on migration linked to the European Convention on Human Rights (ECHR). These discussions focus on compliance with the principle of non-refoulement, the prohibition of torture, and the preservation of the independence of the European Court of Human Rights, underscoring the importance of legal safeguards in the context of migration policies.

6. Citizenship

In 2026, acquisition of Luxembourg nationality is primarily based on option (long-term residence, marriage, etc.) or naturalisation after five years of residence. More than 8,200 people obtained Luxembourg nationality in 2025.

End of the “recovery” procedure based on ancestry

A significant change already in effect is the termination of the “recovery” procedure for Luxembourg nationality based on ancestry. This option, which allowed individuals with a Luxembourg ancestor as at 1 January 1900 to recover nationality under certain conditions (without a minimum residence or language requirement), came to an end on 31 December 2025. Applications had to be filed with the administration before that date. A parliamentary question dated 18 March 2026 also raised the issue of whether any legal remedies remain available after this deadline.