Dual citizenship in Luxembourg
If you have distant relatives in your direct ancestral line who were Luxembourgish nationals or could have claimed it by right, you might have the option of Luxembourg dual citizenship. In this article, we will take a look at the circumstances under which you can apply for Luxembourg nationality based on your family ties, the procedures involved, and other important details.
While you may be eligible to apply for Luxembourg nationality, you may not always be able to hold it concurrently with your current nationality to attain dual citizenship. This depends on your original nationality, some allow for the accumulation of two or more nationalities, while others do not.
Optional citizenship in Luxembourg and its benefits
To further explore this topic, we will examine four essential points: understanding dual nationality, Luxembourg's stance on this matter, the benefits of dual nationality with Luxembourg, and the pathways to obtaining Luxembourgish citizenship.
Dual nationality refers to when an individual is recognised as a citizen of two different countries simultaneously. This entails having the rights and responsibilities of citizenship in both countries. The circumstances under which dual nationality can be obtained may vary depending on the laws of the countries involved. Some countries allow dual nationality without restrictions, while others may impose certain conditions or limitations.
Which countries allow dual citizenship?
The list of countries accepting dual nationality is continually changing in response to developments in their legislation. While some websites strive to maintain updated lists, such as Nomad Capitalist, the best course of action is to directly consult the current legislation of the country of which you are a national.
Since January 1, 2009, when the law of October 23, 2008, regarding Luxembourg nationality came into effect, it has been possible to acquire Luxembourg nationality while retaining one's original nationality. This law was established to adapt nationality laws to the changes that have occurred in Luxembourgish society over recent decades and to promote the integration of foreign residents in Luxembourg.
Benefits of Luxembourg dual citizenship
Luxembourgish nationality is highly sought after due to its significant advantages, such as the right to live and work in a country that offers a high standard of living and the freedom of movement within the European Union. Although these benefits can be attained with a residence permit, it's crucial to understand that nationality extends beyond mere residency and offers additional advantages.
How can you get a nationality in general?
There are various avenues to acquire Luxembourgish nationality, categorised into two main groups: automatic entitlement and voluntary acquisition.
Citizenship can be acquired automatically, without the need for application, through the operation of the law. This applies to individuals born to Luxembourgish parents, adopted by a Luxembourg citizen, or with Luxembourgish family ties in their ancestral line.
Luxembourgish nationality can also be actively obtained by choice by following one of the following procedures.
In this article, we will focus on cases where Luxembourgish nationality can be obtained without undergoing a naturalisation process or meeting residency requirements. We'll explore the first avenue of automatic entitlement and one case of voluntary acquisition through the option declaration procedure.
Legal sources
For more information on the subject of dual nationality and how to acquire it, you can consult the law of October 23, 2008, on Legilux, the official journal of the Grand Duchy of Luxembourg, and by checking the page dedicated to this subject Guichet.lu.
Obtaining dual citizenship in Luxembourg — procedures in 2024
As we explored in the previous section, there are numerous possibilities for acquiring Luxembourgish citizenship. Here, we will focus on two access routes:
- The first is acquisition through automatic entitlement, often referred to as Luxembourg dual citizenship by Article 7, as this article allows for Luxembourgish nationality based on family ties in the ascending line.
- The second avenue we'll address is the first case among the 10 possible cases for obtaining Luxembourgish citizenship by option.
Luxembourgish citizenship by operation of law
To qualify for Luxembourgish nationality through the operation of the law, you must have a male ancestor born in Luxembourg between 1815-1946 or who held Luxembourgish nationality. Additionally, one of the following conditions must be met:
- All previous generations in your family line have passed from father to son until reaching your father.
- Your mother had an exclusively male lineage before her, and you were born after January 1, 1969.
Essentially, you need to possess the Luxembourgish birth certificate of your ancestor(s).
You need to contact the Nationality Service of Luxembourg at the Ministry of Justice and submit the documents of your ancestors. It's not necessary to travel to Luxembourg.
Ministry of Justice, Nationality Office
Located at 13 Rue Erasme, Kirchberg Luxembourg, available by phone (+352) 24 78 45 47. Website: mj.gouvernement.lu
Luxembourgish citizenship by option
As mentioned in the preceding section, it's possible to obtain citizenship by option in 10 different cases. Here, we'll focus on the first case: having a parent or grandparent from Luxembourg.
You can apply for Luxembourgish citizenship by option under one of the following two cases:
- Your father or adoptive parent has or had the right to request recognition of Luxembourgish citizenship.
- Your grandparent has or had the right to request recognition of Luxembourgish citizenship, and this nationality was granted to your parent.
Here are the required papers:
- Birth certificate
Your own and for children under 18 years of age, if any.
- Passport
Copy of all pages and copies of children's passports if there are any.
- Biographical and non-criminal certificates
- Biographical questionnaire according to the prescribed form.
- Certificates of no criminal record in the countries of which you are or were national.
- Non-criminal record from the country or countries where you have lived for the last 15 years, starting from the age of 18.
- Documents of your relatives
- Copy of the birth certificate of their parent, grandparent, or adoptive parent.
- Certificate of Luxembourgish nationality for the parent, grandparent, or adoptive parent.
Translations required
The documents to be sent must be written in the official languages of Luxembourg (French, German, and Luxembourgish) or translated by a sworn translator.
You must personally submit the application at the Civil Registry of the municipality where you reside. If you don't reside in Luxembourg, you must apply to the civil registry in Luxembourg City.
If the legal conditions are met, and all required documents are included in the file, the civil registry officer will formalize the option declaration, and your application will be sent directly to the Luxembourg Nationality Department at the Ministry of Justice for processing.
If the file is incomplete, the Registry Office will request the missing documents within a period of 3 months. The application will not be considered if it's not sent within the specified period.
Duration of the procedure
If the ministry does not oppose the option declaration, the candidate acquires Luxembourgish nationality 4 months after the Ministry of Justice receives the file. The Civil Registry officer will notify the option declaration to the applicant by postal mail, and the date of acquisition of Luxembourgish nationality will be indicated therein.
The procedure itself is free. However, sometimes there may be costs associated with preparing the necessary documents for the file:
- Some municipalities may charge a municipal fee for preparing copies of civil status certificates.
- Obtaining statements from local authorities about family situations or criminal record certificates may also be subject to a fee.
- The translation of your documents into one of the three official languages by a sworn interpreter typically incurs a cost.
Taxation of dual citizens in Luxembourg
When someone acquires Luxembourgish nationality as part of dual citizenship, there are several aspects of taxation to consider.
Tax residency
Income taxes
Wealth and succession taxes
International agreements
Given the complexity of tax laws and international agreements, it's advisable to seek professional advice from an accountant or tax advisor experienced in international taxation and Luxembourgish tax laws to ensure compliance and optimize your personal tax situation.
Frequently Asked Questions (FAQ)
What are the benefits of holding dual citizenship in Luxembourg?
Can I retain my original citizenship while obtaining Luxembourg citizenship?
What are the implications of dual citizenship on my ability to work and travel within the European Union?
Source: guichet.public.lu, guichet.public.lu, gouvernement.lu, legilux.public.lu, www.lacs.lu, nomadcapitalist.com, mj.gouvernement.lu, integratioun.lu, www.luxcitizenship.com, www.justarrived.lu
We took photos from these sources: Polina Sushko on Unsplash