Easing access to nationality became a priority for the government after a 2015 referendum found Luxembourgers overwhelmingly opposed to foreigner voting in national elections.
With the proportion of foreign residents at 46.7%, justice minister Felix Braz first introduced draft law 6977 in March 2016.
On Thursday it received large cross-party support in parliament with 57 votes in favour and three against. The only opposing voices came from members of the ADR party.
What’s in the law
The main changes in the new nationality law for people not born in Luxembourg concern the lowering of residency clause from seven to five years.
Applicants meeting this clause must pass a Luxembourgish language test organised by the INL (national language institute), achieving level A2 in oral expression and B1 in oral comprehension.
While these levels do not change, the way the exams are marked will. This means that the result will be worked out as an average across both elements of the test.
Candidates will pass provided the average result is 50% or above.
In addition, they must either attend 24 hours “Vivre ensemble au Grand Duché de Luxembourg” classes (Living together in the Grand Duchy of Luxembourg) or pass the test for the course.
Foreign people born in Luxembourg will automatically acquire Luxembourg nationality once they turn 18, provided they have lived in Luxembourg for five consecutive years prior to their 18th birthday and that one of their parents was a registered resident of Luxembourg for 12 months before the child’s birth.
Resident for 20 years or more
Applicants who have been resident in Luxembourg for 20 years or more (of which the last year before the application was not interrupted) are not required to take a language test. Instead, they must attend 24 hours of Luxembourgish classes at the INL or other accredited language schools.
People may apply for Luxembourg nationality when they marry a Luxembourger, provided that both have their main residence in Luxembourg and they have been living together for minimum three years prior to submitting the application.
In addition, the applicant must pass the language exam and have either attended 24 hours of “Vivre ensemble au Grand Duché de Luxembourg” classes or passed the test for the course.
People who, for seven years or more, attended a private or public school in Luxembourg in which the Luxembourgish curriculum is taught may apply provided they are resident in the country for 12 consecutive months preceding the application.
A person serving as a volunteer soldier in the Luxembourg army may apply for nationality after serving one year, which must be certified by the army’s chief.
The system whereby a descendant of a Luxembourger living abroad can reclaim Luxembourg nationality is to be abolished at the end of 2018.
Foreign people born in Luxembourg could claim Luxembourger nationality from the age of 12 onwards on the condition that they are a resident of the Grand Duchy for five years preceding the application and that one parent is a resident of Luxembourg for 12 months before the child’s birth.
This is aimed at preventing birth tourism.
Nationality can be refused to applicants who have received a two-year suspended prison sentence or a one-year prison sentence.