SECTION I — Common provisions
General rules
1. Without prejudice to the rights and obligations laid down in the Geneva Convention, beneficiaries of international protection shall have the rights and obligations laid down in this Chapter.
2. Beneficiaries of international protection shall have access to rights provided in accordance with this Chapter once international protection is granted and for as long as refugee status or subsidiary protection status is held.
3. Where a residence permit is not issued to a beneficiary of international protection within 15 days of the granting of international protection, the Member State concerned shall take provisional measures, such as registration or the issuance of a document, to ensure that the beneficiary has effective access to the rights laid down in this Chapter, with the exception of those laid down in Articles 25 and 27, until such time as a residence permit is issued in accordance with Article 24.
4. When applying this Chapter, and where it is established that a person has special needs due to being, for example, a minor, an unaccompanied minor, a person with a disability, an elderly person, a pregnant woman, a single parent with a minor or an adult dependent child, a victim of trafficking in human beings, a person with a serious illness, a person with a mental disorder or a person who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, the competent authorities shall take into account those special needs.
5. When applying the provisions of this Chapter that concern minors, the best interests of the child shall be a primary consideration for competent authorities.
Protection from refoulement
The principle of non-refoulement shall be respected in accordance with Union and international law.
Information
Competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status as soon as possible after such protection has been granted. That information, as specified in Annex I, shall:
(a)
be provided in a language that the beneficiary can understand or is reasonably supposed to understand; and
(b)
make explicit references to the consequences of not complying with the obligations provided for in Article 27 on movement within the Union.
Maintaining family unity
1. The competent authorities of the Member State that granted international protection to a beneficiary of international protection shall issue, in accordance with national procedures, residence permits to the family members of that beneficiary of international protection who do not individually qualify for international protection and who apply for a residence permit in that Member State, where paragraph 3, 4 or 5 of this Article do not apply and in so far as it is compatible with the personal legal status of the family member.
2. A residence permit issued pursuant to paragraph 1 shall have the same date of expiry as the residence permit issued to the beneficiary of international protection and shall be renewable for as long as the residence permit issued to the beneficiary of international protection is renewed. The period of validity of the residence permit issued to the family member shall not extend beyond the date of expiry of the residence permit held by the beneficiary of international protection.
3. No residence permit shall be issued under this Regulation to a family member who is or would be excluded from international protection pursuant to Chapters III and V.
4. A residence permit shall not be issued under this Regulation to a spouse or unmarried partner in a stable relationship where there are strong indications that the marriage or partnership was contracted for the sole purpose of enabling the person concerned to enter or reside in the Member State concerned.
5. Where reasons of national security or public policy related to the family member concerned so require, a residence permit shall not be issued to that family member, and such residence permits which have already been issued shall be withdrawn or shall not be renewed.
6. Family members who have been issued a residence permit pursuant to paragraph 1 of this Article shall be entitled to the rights laid down in Articles 25 to 32, 34 and 35.
7. Member States may apply this Article to other close relatives, including siblings, who lived together as part of the family before the applicant arrived on the territory of the Member State and who are dependent on the beneficiary of international protection. Member States may apply this Article to a married minor, provided that it is in the best interests of that minor.
SECTION II — Rights and obligations related to residence and stay
Residence permits
1. Beneficiaries of international protection shall have the right to a residence permit for as long as they hold refugee status or subsidiary protection status.
2. A residence permit shall be issued as soon as possible after refugee status or subsidiary protection status has been granted, and at the latest 90 days from the notification of the decision to grant international protection, using the uniform format laid down in Regulation (EC) No 1030/2002.
3. A residence permit shall be issued free of charge or for a fee not exceeding the fee payable by nationals of the Member State concerned for the issuing of identity cards.
4. A residence permit shall have an initial period of validity of at least three years for beneficiaries of refugee status and at least one year for beneficiaries of subsidiary protection status.
On expiry, residence permits shall be renewed for at least three years for beneficiaries of refugee status and for at least two years for beneficiaries of subsidiary protection status.
The renewal of residence permits shall be organised in such a way as to ensure continuity of the period of permitted residence, with no interruption between the period covered by the lapsing of the permit and the renewed permit, provided that the beneficiary of international protection acts in accordance with relevant national law providing for the administrative formalities for renewal.
5. The competent authorities may revoke or refuse to renew a residence permit only where they have withdrawn refugee status in accordance with Article 14 or subsidiary protection status in accordance with Article 19.
Travel document
1. Unless compelling reasons of national security or public policy related to a beneficiary of refugee status require otherwise, competent authorities shall issue travel documents in the form set out in the Schedule to the Geneva Convention and which comply with the minimum standards for security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of refugee status. Such travel documents shall be valid for more than one year.
2. Unless compelling reasons of national security or public policy related to a beneficiary of subsidiary protection require otherwise, competent authorities shall issue travel documents which comply with the minimum standards for security features and biometrics outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain or renew a national passport. Such travel documents shall be valid for more than one year.
3. In the exercise of their obligations pursuant to paragraphs 1 and 2 of this Article, the competent authorities of Member States which do not take part in the Schengen acquis shall issue travel documents in the form set out in the Schedule to the Geneva Convention and which comply with minimum standards for security features and biometrics equivalent to those outlined in Regulation (EC) No 2252/2004 to beneficiaries of refugee status, taking into account the specifications of the International Civil Aviation Organisation, in particular those set out in Document 9303 on machine readable travel documents.
In the exercise of their obligations pursuant to paragraphs 1 and 2 of this Article, the competent authorities of Member States which do not take part in the Schengen acquis shall issue travel documents that comply with minimum standards for security features and biometrics equivalent to those outlined in Regulation (EC) No 2252/2004 to beneficiaries of subsidiary protection status who are unable to obtain or renew a national passport, taking into account the specifications of the International Civil Aviation Organisation, in particular those set out in Document 9303 on machine readable travel documents.
Freedom of movement within the Member State
Beneficiaries of international protection shall enjoy freedom of movement within the territory of the Member State that granted them international protection, including the right to choose their place of residence in that territory, under the same conditions and restrictions as those provided for other third-country nationals legally resident in their territories who are generally in the same circumstances.
Movement within the Union
Beneficiaries of international protection shall not have the right to reside in a Member State other than the Member State that granted them international protection. This is without prejudice to their right to:
(a)
apply and be admitted to reside in another Member State pursuant to that Member State’s national law or pursuant to relevant provisions of Union law or of international agreements;
(b)
move freely in accordance with the conditions of Article 21 of the Convention implementing the Schengen Agreement.
SECTION III — Rights related to integration
Access to employment
1. Beneficiaries of international protection shall have the right to engage in employed or self-employed activities subject to the rules generally applicable to the profession concerned or to the public service, immediately after protection has been granted.
2. Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that granted them international protection as regards:
(a)
terms of employment, including the minimum working age, and working conditions, including pay and dismissal, working hours, leave and holidays, and health and safety requirements at the workplace;
(b)
freedom of association and affiliation, and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the rights and benefits conferred by such organisations;
(c)
employment-related educational opportunities for adults, vocational training, including training courses for upgrading skills and practical workplace experience;
(d)
information and counselling services offered by employment offices.
3. Where necessary, competent authorities shall facilitate full access to the activities referred to in points (c) and (d) of paragraph 2.
Access to education
1. Minors granted international protection shall enjoy equal treatment with nationals of the Member State that granted them international protection as regards access to the education system.
Beneficiaries of international protection shall continue to enjoy equal treatment with nationals of the Member State that granted them international protection for the completion of secondary education irrespective of whether they reach the age of majority.
2. Adults granted international protection shall enjoy equal treatment with nationals of the Member State that granted them international protection as regards access to the general education system, further training or retraining.
Notwithstanding the first subparagraph, competent authorities may refuse grants and loans to adults granted international protection, where that possibility is provided for under national law.
Access to procedures for recognition of qualifications and validation of skills
1. Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that granted them international protection in the context of the existing recognition procedures for foreign diplomas, certificates and other evidence of formal qualifications.
2. Without prejudice to Article 2(2) and Article 3(3) of Directive 2005/36/EC of the European Parliament and of the Council ( 20 ) , competent authorities shall facilitate full access to the procedures referred to in paragraph 1 of this Article for beneficiaries of international protection who cannot provide documentary evidence of their qualifications.
3. Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that granted them international protection as regards access to appropriate schemes for the assessment, validation and recognition of their prior learning outcomes and experience.
Social security and social assistance
1. Beneficiaries of international protection shall enjoy equal treatment with nationals of the Member State that granted them international protection as regards social security and social assistance.
Access to certain forms of social assistance specified in national law may be made conditional on the effective participation of the beneficiary of international protection in integration measures, where participation in such measures is compulsory, provided that they are accessible and free of charge.
2. Notwithstanding paragraph 1, the provision of equal treatment as regards social assistance may be limited for beneficiaries of subsidiary protection status to core benefits, where that possibility is provided for under national law.
Core benefits shall include at least the following:
(a)
minimum income support;
(b)
assistance in the case of illness or pregnancy;
(c)
parental assistance, including child-care assistance; and
(d)
housing benefits, in so far as those benefits are granted to nationals of the Member State concerned under national law.
Healthcare
1. Beneficiaries of international protection shall have access to healthcare under the same eligibility conditions as nationals of the Member State that granted them international protection.
2. Beneficiaries of international protection who have special needs, such as pregnant women, persons with a disability, persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence or minors who have been victims of any form of abuse, neglect, exploitation, torture, or cruel, inhuman and degrading treatment, or who have suffered from armed conflict shall be provided with adequate healthcare, including treatment of mental disorders when needed, under the same eligibility conditions as nationals of the Member State that granted them international protection.
Unaccompanied minors
1. As soon as possible after international protection is granted in respect of an unaccompanied minor, competent authorities shall take the necessary measures, under national law, to appoint a guardian.
Competent authorities may keep the same person designated as [representative under Article 23(2), point (b), of Regulation (EU) 2024/1348 or under Article 27(1), point (b), of Directive (EU) 2024/1346 to act as the guardian, without the need for formal appointment.
Representatives as referred to in Article 23(2), point (b), of Regulation (EU) 2024/1348 or Article 27(1), point (b), of Directive (EU) 2024/1346 shall remain responsible for unaccompanied minors until a guardian is appointed.
Organisations or natural persons whose interests conflict or could potentially conflict with those of the unaccompanied minor shall not be eligible for appointment as the guardian of that minor.
Where an organisation is appointed as guardian, it shall as soon as possible designate a natural person responsible for carrying out the duties of guardian in respect of the unaccompanied minor in accordance with this Regulation.
2. For the purposes of this Regulation, with a view to safeguarding the best interests of the child and the unaccompanied minor’s general well-being, the guardian shall:
(a)
ensure that the unaccompanied minor has access to all rights stemming from this Regulation;
(b)
assist and, where applicable, represent the unaccompanied minor in the event that the unaccompanied minor’s refugee status or subsidiary protection status is withdrawn; and
(c)
where applicable, assist in the tracing of family as provided for in paragraph 7.
Guardians shall:
(a)
have the necessary expertise and receive initial and continuous appropriate training concerning the rights and needs of unaccompanied minors, including those relating to any applicable child safeguarding standards;
(b)
be bound by the confidentiality rules provided for in national law in relation to any information they obtain in the course of their work;
(c)
not have a verified record of child-related crimes and offences or of crimes and offences that lead to serious doubts about their ability to assume a role of responsibility with regard to children.
3. The competent authorities shall appoint each guardian to represent a proportionate and sufficiently limited number of unaccompanied minors in order to ensure that guardians are able to perform their tasks effectively and that unaccompanied minors have effective access to their rights and benefits.
4. In accordance with national law, Member States shall ensure that there are entities, including judicial authorities, or persons that are responsible for supervising and monitoring guardians on an ongoing basis in order to ensure that they perform their tasks in a satisfactory manner.
Entities and persons as referred to in the first subparagraph shall review the performance of guardians, in particular where there are indications that guardians are not performing their tasks in a satisfactory manner. Such entities and persons shall examine, without delay, any complaints lodged by unaccompanied minors against their guardians.
Where necessary, the competent authorities shall replace a person acting as a guardian, in particular where they consider that that person has not adequately performed his or her tasks.
The competent authorities shall explain to unaccompanied minors, in an age-appropriate manner and in such a way as to ensure that the minors understand, how to lodge a complaint against their guardians in confidence and safety.
5. While taking into account the best interests of the child, the competent authorities shall place unaccompanied minors:
(a)
with an adult relative;
(b)
with a foster family;
(c)
in centres specialised in accommodation for minors; or
(d)
in other accommodation suitable for minors.
The views of unaccompanied minors shall be taken into account in accordance with their age and degree of maturity.
6. As far as possible, siblings shall be kept together, taking into account the best interests of the unaccompanied minors concerned and, in particular, their age and degree of maturity. Changes of residence of unaccompanied minors shall be kept to a minimum.
7. Where the tracing of family members of an unaccompanied minor started before that minor was granted international protection, it shall continue after the granting of international protection. Where the tracing of family members has not already started, it shall start as soon as possible after the granting of refugee status or subsidiary protection status, provided that it is in the minor’s best interests.
Where there might be a threat to the life or integrity of the minor or the minor’s close relatives, particularly if they have remained in the country of origin, care shall be taken to ensure that the collection, processing and circulation of information concerning those persons is undertaken on a confidential basis so as to avoid jeopardising their safety.
Access to accommodation
1. Beneficiaries of international protection shall have access to accommodation under conditions at least equivalent to those applicable to other third-country nationals legally resident in the territory of the Member State that granted them international protection who are generally in the same circumstances.
2. National practices for the dispersal of beneficiaries of international protection shall ensure that beneficiaries of international protection are treated equally unless different treatment is objectively justified. Such national practices shall ensure equal opportunities regarding access to accommodation.
Access to integration measures
1. In order to encourage and facilitate their integration into the society of the Member State that granted them international protection, beneficiaries of international protection shall have access to integration measures provided or facilitated by the Member State which take into account their specific needs and are considered appropriate by the competent authorities, in particular language courses, civic orientation, integration programmes and vocational training.
2. Beneficiaries of international protection shall participate in integration measures where participation is made compulsory in the Member State that granted them international protection. Such integration measures shall be accessible and free of charge.
3. By way of derogation from paragraph 2 of this Article and without prejudice to Article 31(1), second subparagraph, Member States may apply a fee for certain compulsory integration measures where the beneficiary of international protection has sufficient means and where such fees do not place an unreasonable burden on the beneficiary of international protection.
4. Competent authorities shall not apply sanctions against beneficiaries of international protection where they are unable to participate in integration measures due to circumstances beyond their control.
Repatriation
Assistance may be provided to beneficiaries of international protection who wish to be repatriated.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
