1. Where the applicant has a family member who has been allowed to reside as a beneficiary of international protection in a Member State or who resides in a Member State on the basis of a long-term residence permit in accordance with Council (40) or long-term residence permit granted in accordance with national law, where that Directive does not apply in the Member State concerned, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned have expressed their desire to that effect in writing.
2. Where the family member had previously been allowed to reside as a beneficiary of international protection, but has later become a citizen of a Member State, that Member State shall be responsible for examining the application, provided that the persons concerned have expressed their desire to that effect in writing.
3. Paragraphs 1 and 2 shall also apply to children born after the family member arrived on the territory of the Member States.
40. Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44). ↩︎
Correlation table
| Regulation (EU) No 604/2013 | This Regulation |
| Article 9 | Article 26 |