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I am studying in Germany and will be married in December this year. My girlfriend currently works in Amazon Luxembourg and obtained a Blue Card. Me and my girlfriend are both non-eu citizens. After we marry, we want to live together in Luxembourg but I don’t know if that’s possible at all. So my questions are :

  1. Can I obtain a residence permit in Luxembourg by family reunification and then continue to study in Germany ?

  2. Normally, afaik, one can apply for permanent residence permit in Luxembourg after residing in the country for 5 years. Does this also apply to me, or do I have to wait longer since I will be a student during that period of time ? (Masters + PhD in Germany)

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We were thinking of getting married in Turkey (therefore don’t have any kind of documents at the moment), but we might also consider the Turkish embassy in Luxembourg if it makes things easier. Right now I am a student at Saarland university and registered in Saarland, I am planning to commute from Luxembourg to Saarland most of the weekdays, once I get married.

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Open Questions:

  • where will you get married?
    • I assume Luxembourg Turkey
  • has the marriage process been started?
    • some form of documentation of application (preferably in German) would be helpful
  • where in Germany (state) are you registered? Saarland

Please incorporate the answers into the original question.

Luxemburg:

Since you want to create your main residence in Luxemburg, the family reunification seems to be the best option.

Application for family reunification for third-country nationals

  • the Prerequisites for the sponsor seemed to be fulfilled, since the sponsor has a BlueCard
  • the applicant will have a residence permit from Germany

If the third-country national has a valid residence permit for family members of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. The third-country national must nonetheless have a temporary authorisation to stay.

  • an application for a temporary authorization should be made
    • but inform them of your intention of continuing your Masters + PhD in Germany

Germany:

Inform the local Foreigners Office, that issued your residence permit, of your intention of

  • getting married in Luxemburg (with possible documentation) Turkey
  • Application for family reunification in Luxemburg
  • continuation your Masters + PhD in Germany

Since, I assume, your present residence permit is for studying

  • your legal situation will probably not change inside Germany
    • other than you are getting married and will regularly be (and have a residence) in Luxemburg

Not knowing which state you are studying in Germany makes it impossible to look up the corresponding rules which can differ in details from state to state.

The pdf Ihr Kontakt zur Ausländerbehörde in Saarbrücken lists contact numbers.

If you live in Luxemburg and study in Germany you will be a Grenzgänger

  • live in one country and work/study in another, crossing regularly

There seems to be a department for that:

  • Grenzgänger tel. 0681-501-7165, Room 21

I suggest calling them to ask them about this situation and make an appointment.

The final result will probably be that you will have 2 main residences

  • one in each country with a corresponding residence permit

As long as both countries know beforehand what is going on, there should be no problem.

Assume that Luxembourg will be asking Germany for information about you. So informing Germany beforehand is a good idea.

How this will effect the time for eligibility for a Luxembourg permanent residence permit is a good question and difficult (if not impossible) to answer here.

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  • Thank you so much for your answer. I have read somewhere on the internet that one can’t have two residence permits in two different EU countries at the same time, but from your answer I understand that there isn’t a specific rule that prohibits this. Is my understanding correct ?
    – baris_esmer
    Commented Sep 14, 2019 at 12:27
  • @baris_esmer for a C-Visa that is true, but I don't believe it is true for a D-Visa. As a resident in Luxemburg you would be allowed 90 day per 180 days in Germany. But with that you cannot study. Asking your local Foreigners Office will answer that question. Post the result since this not an everyday situation.
    – Mark Johnson
    Commented Sep 14, 2019 at 12:36
  • @baris_esmer Since the Luxemburg text states that someone who already has a other resident permit can start the process of another residence permit is not problem.
    – Mark Johnson
    Commented Sep 14, 2019 at 13:20
  • @MarkJohnson, this answer would be much easier to read if the striked out lines were removed if no longer needed or un-striked if not removable.
    – Willeke
    Commented Oct 11, 2020 at 11:57

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