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Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purpose of highly qualified employment, and repealing Council Directive 2009/50/EC Article 3

Scope

Article 3

1.   This Directive applies to third-country nationals who apply to be admitted, or who have been admitted, to the territory of a Member State for the purpose of highly qualified employment under this Directive. 2.   This Directive does not apply to third-country nationals: (a) who seek international protection and are awaiting a decision on their status or who are beneficiaries of temporary protection in accordance with Council Directive 2001/55/EC  ( 23 ) in a Member State; (b) who seek protection in accordance with national law, international obligations or practice of a Member State and are awaiting a decision on their status, or who are beneficiaries of protection in accordance with national law, international obligations or practice of a Member State; (c) who apply to reside in a Member State as researchers within the meaning of Directive (EU) 2016/801 in order to carry out a research project; (d) who enjoy EU long-term resident status in a Member State in accordance with Directive 2003/109/EC and exercise their right to reside in another Member State in order to carry out an economic activity in an employed or self-employed capacity; (e) who enter a Member State under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade- and investment-related natural persons, with the exception of third-country nationals who have been admitted to the territory of a Member State as intra-corporate transferees pursuant to Directive 2014/66/EU; (f) whose expulsion has been suspended for reasons of fact or law; (g) who are covered by Directive 96/71/EC for the duration of their posting to the territory of the Member State concerned; or (h) who, under agreements between the Union and the Member States on the one hand, and third countries on the other, as nationals of those third countries, enjoy rights of free movement equivalent to those of Union citizens. 3.   This Directive is without prejudice to the right of Member States to issue residence permits other than an EU Blue Card for the purpose of highly qualified employment. Such residence permits shall not confer a right of residence in other Member States as provided for in this Directive.

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