Family members will, due to their close relationship to beneficiaries of international protection, normally be vulnerable to acts of persecution or serious harm that could constitute the basis for the granting of international protection. For the purpose of maintaining family unity, where family members present on the territory of the same Member State do not qualify for international protection, they should be entitled to apply for a residence permit. Such residence permits should be granted, unless family members fall within the exclusion grounds or unless reasons of national security or public policy otherwise require. Family members should also be entitled to the rights accorded to the beneficiary of international protection once international protection has been granted. Without prejudice to the provisions of this Regulation related to maintaining family unity, where the situation falls within the scope of Council Directive 2003/86/ECFamily Reunification Directive (¹⁴) and the conditions for family reunification set out therein have been fulfilled, family members of the beneficiary of international protection who do not individually qualify for such protection should be granted residence permits and rights in accordance with that Directive. This Regulation should be applied without prejudice to Directive 2004/38/ECFree Movement of Citizens Directive of the European Parliament and of the Council (¹⁵).

14. Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12). ↩︎

15. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77). ↩︎