Exceptions from the obligation to issue a return decision
Article 6
1. Member States’ competent authorities may decide not to issue a return decision where an illegally staying third-country national is: (a) transferred to another Member State in accordance with the procedure provided for in Article 23a of Regulation (EU) 2016/399; (b) transferred to another Member State pursuant to bilateral agreements or arrangements or based on cooperation between Member States in accordance with Article 42; (c) a person whose illegal stay is detected in connection with border checks carried out at exit at an external border in accordance with Article 8 of Regulation (EU) 2016/399 or, in the case of Member States not bound by that Regulation, equivalent checks in accordance with national law avoiding as far as possible the postponement of the departure of the third-country national concerned. 2. A return decision shall not be issued in cases where the third-country national is holding a valid residence permit, a long-stay visa or other authorisation offering a right to stay issued by another Member State. 3. In the cases referred to in paragraph 2 of this Article, the Member State on whose territory the third-country national is staying illegally shall require the third-country national to go to the territory of the other Member State immediately. Where the third-country national does not comply, or where the third-country national’s immediate departure is required for reasons of public policy, public security or national security, the Member State on whose territory that third-country national is illegally staying may request cooperation from the other Member States pursuant to Article 42 or issue a return decision in accordance with Article 5. 4. A return decision shall not be issued in cases where the procedure laid down in Article 7 is applied.