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Qualification Regulation:
Article 23 – 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permit shall not be issued to that family member, and such residence permits which have already been issued shall be withdrawn or shall not be renewed.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.


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Correlation Table

Directive 2011/95/EUThis Regulation
Article 23(1)—
Article 23(2)Article 23(1) and (4)
—Article 23(2)
Article 23(3)Article 23(3)
Article 23(4)Articles 23(5)
Article 23(5)Article 23(7)
Key words: Family members, Refugee status, Subsidiary protection status

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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