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Council Directive 2005/85/EC of 1 December 2005 on… Article 7

Council Directive 2005/85/EC of 1 December 2005 on… Article 7

Right to remain in the Member State pending the examination of the application

Article 7

1.   Applicants shall be allowed to remain in the Member State, for the sole purpose of the procedure, until the determining authority has made a decision in accordance with the procedures at first instance set out in Chapter III. This right to remain shall not constitute an entitlement to a residence permit. 2.   Member States can make an exception only where, in accordance with Articles 32 and 34, a subsequent application will not be further examined or where they will surrender or extradite, as appropriate, a person either to another Member State pursuant to obligations in accordance with a European arrest warrant  ( 6 ) or otherwise, or to a third country, or to international criminal courts or tribunals.

Read the full instrument → · Read this in context: CHAPTER II — BASIC PRINCIPLES AND GUARANTEES →

Other provisions in CHAPTER II — BASIC PRINCIPLES AND GUARANTEES

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of 2026-07-04

CitationArticle 7 of Council Directive 2005/85/EC of 1 December 2005 on… (LawPlayer, data as of 2026-07-04)

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