1. For the purpose of resettlement, the following third-country nationals or stateless persons shall be eligible for admission, provided that they also fall within at least one of the categories referred to in paragraph 3, point (a):
(a) third-country nationals who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, as defined in Article 10 of , are outside their country of nationality and are unable or, owing to such a fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside the country of former habitual residence for the same reasons, are unable or, owing to such a fear, are unwilling to return to that country; or
(b) third-country nationals who are outside the country of nationality or stateless persons who are outside the country of their former habitual residence and in respect of whom substantial grounds have been shown for believing that they, if returned to their country of origin or, in the case of stateless persons, to their country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15 of , and are unable or, owing to such risk, are unwilling to avail themselves of the protection of that country.
Persons whose protection or assistance from organs or agencies of the UN other than the has ceased for any reason without their position being definitively settled in accordance with the relevant resolutions adopted by the UN General Assembly shall be deemed to meet the eligibility criteria set out in this paragraph.
2. For the purpose of humanitarian admission, the following third-country nationals or stateless persons shall be eligible for admission, provided that, at least on the basis of an initial evaluation, they also fall within at least one of the categories referred to in paragraph 3:
(a) third-country nationals who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, as defined in Article 10 of are outside the country of nationality and are unable or, owing to such a fear, are unwilling to avail themselves of the protection of that country, or stateless persons who, being outside the country of former habitual residence for the same reasons, are unable or, owing to such a fear, unwilling to return to it; or
(b) third-country nationals who are outside the country of nationality or stateless persons who are outside the country of former habitual residence, and in respect of whom substantial grounds have been shown for believing that they, if returned to their country of origin or, in the case of stateless persons, to their country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15 of , and are unable or, owing to such risk, are unwilling to avail themselves of the protection of that country.
Persons whose protection or assistance from organs or agencies of the UN other than the has ceased for any reason without their position being definitively settled in accordance with the relevant resolutions adopted by the UN General Assembly, shall be deemed to meet the eligibility criteria set out in this paragraph.
3. To be eligible for admission pursuant to this Article, a third-country national or stateless person shall also fall within at least one of the following categories:
(a) vulnerable persons, comprising:
(i) women and girls at risk;
(ii) minors, including unaccompanied minors;
(iii) survivors of violence or torture, including on the basis of gender or sexual orientation;
(iv) persons with legal and/or physical protection needs, including as regards protection from refoulement;
(v) persons with medical needs, including where life-saving treatment is unavailable in the country to which they have been forcibly displaced;
(vi) persons with disabilities;
(vii) persons who lack a foreseeable alternative durable solution, in particular those in a protracted refugee situation;
(b) in the case of humanitarian admission, the family members, as referred to in paragraph 4, of third-country nationals or stateless persons legally residing in a Member State, or of Union citizens.
4. In order to ensure family unity, the following family members of third-country nationals or stateless persons to be admitted shall also be eligible for admission:
(a) the spouse or unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples in a way comparable to that of married couples under its law relating to third-country nationals or stateless persons;
(b) the minor children on the condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted or recognised as defined under national law;
(c) the father, mother or another adult responsible for an unmarried minor, whether by law or by the practice of the Member State concerned;
(d) the sibling or siblings;
(e) third-country nationals or stateless persons who are dependent on their child, parent or other family member for assistance as a result of pregnancy, a new-born child, serious mental or physical illness, severe disability or old age, provided that family ties existed in the country of origin, that the child, parent or other family member is able to take care of the dependent person, and that the persons concerned expressed their desire in writing.
When applying this paragraph, Member States shall take due account of the best interests of the child. Where the third-country national or stateless person is a married minor but not accompanied by his or her spouse, the best interests of the minor may be seen to lie with the minor’s original family.