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AMMR:
Article 29 – Issue of residence documents or visas

1. Where the applicant holds a valid residence document, the Member State that issued that document shall be responsible for examining the application for international protection.

2. Where the applicant holds a valid visa, the Member State that issued that visa shall be responsible for examining the application for international protection, unless that visa was issued on behalf of another Member State under a representation arrangement as provided for in Article 8 of Regulation (EC) No 810/2009Visa Code Regulation. In such a case, the represented Member State shall be responsible for examining the application for international protection.

3. Where the applicant holds more than one valid residence document or visa issued by different Member States, the Member State responsible for examining the application for international protection shall be determined in the following order:

(a) the Member State that issued the residence document conferring the right to the longest period of residency or, where the periods of validity are identical, the Member State that issued the residence document having the latest expiry date;

(b) where the various visas are of the same type, the Member State that issued the visa having the latest expiry date;

(c) where the visas are of different types, the Member State that issued the visa having the longest period of validity or, where the periods of validity are identical, the Member State that issued the visa having the latest expiry date.

4. Where the applicant holds one or more residence documents the validity of which has expired or which were annulled, revoked or withdrawn less than three years before the application was registered, or one or more visas the validity of which has expired or which were annulled, revoked or withdrawn less than 18 months before the application was registered, paragraphs 1, 2 and 3 shall apply.

5. The fact that the residence document or visa was issued on the basis of a false or assumed identity or on the submission of forged, counterfeit or invalid documents shall not prevent responsibility being allocated to the Member State which issued that residence document or visa. However, the Member State that issued the residence document or visa shall not be responsible if it can establish that fraud was committed after the document or visa was issued.


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Correlation table

Regulation (EU) No 604/2013This Regulation
Article 12Article 29
Categories: Articles Key words: Residence document, Visa

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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