Admission procedure

1. In the case of resettlement, for the purpose of implementing the Union Plan, Member States shall request the UNHCR to refer third-country nationals or stateless persons to them.

In the case of humanitarian admission, for the purpose of implementing the Union Plan, Member States may request that the Asylum Agency, the UNHCR, or another relevant international body refer third-country nationals or stateless persons to them.

2. A Member State shall assess whether a third-country national or a stateless person as referred to in paragraph 1 falls within the scope of the Union Plan.

A Member State may give preference to a third-country national or a stateless person who has:

family links with third-country nationals or stateless persons legally residing in a Member State or with Union citizens;

demonstrated social links or other characteristics that can facilitate integration in the Member State conducting an admission procedure, including appropriate language skills or previous residence in that Member State;

particular protection needs or vulnerabilities.

3. After identifying a third-country national or a stateless person who falls within the scope of the Union Plan and in relation to whom it intends to conduct an admission procedure, a Member State shall register the following information in relation to that person:

the third-country national’s or the stateless person’s name, date of birth, gender and nationality;

the type and number of any identity or travel document of the third-country national or stateless person; and

the date and place of the registration and the authority making the registration.

Additional data necessary for the implementation of paragraphs 6 and 9 may be collected at the time of registration.

4. Member States shall inform the third-country nationals or stateless persons in relation to whom they conduct an admission procedure of:

the objectives of and the different steps in the admission procedure;

the consequences of withdrawing consent as referred to in Article 7, and of a refusal to participate in any pre-departure orientation programme as referred to in paragraph 22 of this Article.

5. Member States shall provide the third-country nationals or stateless persons in relation to whom they conduct an admission procedure, at the time when personal data are collected, in writing, and, where necessary, orally, with the information that they are required to provide under Regulation (EU) 2016/679. That information shall be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language, adapted to the needs of minors and of persons with specific needs and in a language that the third-country nationals or stateless persons understand or are reasonably supposed to understand.

6. Member States shall assess whether the third-country nationals or the stateless persons in relation to whom they conduct an admission procedure meet the eligibility criteria set out in Article 5 and do not fall under the grounds for refusal set out in Article 6.

Member States shall make that assessment in particular on the basis of documentary evidence, including, where applicable, information from the UNHCR on whether the third-country nationals or the stateless persons qualify as refugees, on the basis of a personal interview, or a combination of both.

7. In the case of resettlement, Member States shall request that the UNHCR conduct a full assessment of whether the third-country nationals or the stateless persons subject to an admission procedure:

fall within the scope of the Union Plan;

fall under one of the categories of vulnerability set out in Article 5(3), point (a) or have family links in accordance with Article 5(4), and the reasons for such an assessment;

qualify as refugees within the meaning of Article 1 of the Geneva Convention.

Member States may request that the criteria set out in paragraph 2, second subparagraph, be taken into account.

8. In the case of humanitarian admission, Member States may request that the UNHCR assess whether the third-country nationals or stateless persons referred to them by the UNHCR:

qualify as refugees within the meaning of Article 1 of the Geneva Convention;

fall under one of the categories of vulnerability set out in Article 5(3), point (a) or have family links in accordance with Article 5(3), point (b).

Member States may request that the criteria set out in paragraph 2, second subparagraph, be taken into account.

9. Member States shall reach a conclusion on the admission of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 6 as soon as possible and no later than seven months from the date of registration. Member States may extend that time-limit by up to three months in the event of complex issues of fact or law.

10. In the case of an emergency admission, Member States shall reach a conclusion as soon as possible and endeavour to do so no later than one month from the date of registration.

11. Member States shall discontinue an admission procedure in which third-country nationals or stateless persons have withdrawn their consent as referred to in Article 7.

A Member State may discontinue an admission procedure in the following circumstances:

where it has concluded that the total number of third-country nationals or stateless persons admitted exceeds its contribution set out in the Union Plan;

where it has concluded to give preference to the third-country nationals or stateless persons in accordance with paragraph 2, point (c);

where it has concluded that it is not able to comply with the time limits referred to in paragraph 9 for reasons beyond its control.

Subject to Chapter V of Regulation (EU) 2016/679, the reason for discontinuation shall be communicated to the UNHCR where necessary to enable the UNHCR to carry out its tasks regarding referrals of third-country nationals or stateless persons to Member States or to third countries in accordance with this Regulation or with its mandate, unless there are overriding reasons of public interest for not doing so.

12. Member States shall store the data of persons to whom they grant international protection or humanitarian status under national law in accordance with this Regulation for five years from the date of registration. In the case of persons who have been refused admission on any of the grounds referred to in Article 6(1), first subparagraph, point (f), such data shall be stored for a period of three years from the date on which the negative conclusion on admission was reached.

Upon expiry of the applicable period, the Member States shall erase the data. Member States shall erase the data relating to a person who has acquired citizenship of any Member State before the expiry of that period as soon as they become aware that the person concerned has acquired such citizenship.

Where a Member State discontinues an admission procedure pursuant to paragraph 11, first subparagraph, the Member State shall store the data related to the person concerned for three years from the date of that discontinuation. Where a Member State discontinues an admission procedure pursuant to paragraph 11, second subparagraph, the Member State shall erase the data relating to the person concerned on the date of that discontinuation.

13. Where a Member State’s conclusion pursuant to paragraph 9 is negative, the third-country national or stateless person concerned shall not be admitted to that Member State.

Subject to Chapter V of Regulation (EU) 2016/679, the reason for a negative conclusion shall be communicated to the UNHCR, where necessary to enable the UNHCR to carry out its tasks regarding referrals of third-country nationals or stateless persons to Member States or to third countries in accordance with this Regulation or with its mandate, unless there are overriding reasons of public interest for not doing so.

Any Member State that has reached a negative conclusion as referred to in the first subparagraph may require that it be consulted by another Member State during that other Member State’s examination of the admission file.

14. Where a Member State’s conclusion pursuant to paragraph 9 is positive paragraphs 15 to 22 shall apply before or after the entry of the person concerned to its territory.

15. Pursuant to paragraph 14 of this Article, a Member State as referred to therein shall take a decision to grant refugee status where the third-country national or the stateless person concerned qualifies as a refugee, or subsidiary protection status where the third-country national or the stateless person concerned is eligible for subsidiary protection.

Such a decision shall have the same effect as a decision granting refugee status or subsidiary protection status as referred to in Articles 13 or 18 of Regulation (EU) 2024/1347, after the person concerned has entered the territory of a Member State.

Member States may issue residence permits of permanent or unlimited validity on terms that are more favourable in accordance with Article 13 of Council Directive 2003/109/EC ( 12 ) .

16. Pursuant to paragraph 14 of this Article, a Member State as referred to therein shall take a decision to issue a residence permit in the case of a family member of the third-country national or stateless person concerned, pursuant to Article 5(4), who does not qualify individually for international protection.

Such a decision shall have the same effect as a decision to issue a residence permit as referred to in Article 23(1) of Regulation (EU) 2024/1347, after the person concerned has entered the territory of a Member State.

17. Pursuant to paragraph 14 of this Article, a Member State as referred to therein may, in the case of humanitarian admission, grant international protection or, without prejudice to the right to apply for international protection, humanitarian status under national law that provides for rights and obligations equivalent to those of Articles 20 to 26 and 28 to 35 of Regulation (EU) 2024/1347 for beneficiaries of subsidiary protection.

Such a decision shall take effect after the person concerned has entered the territory of the Member State.

18. Pursuant to paragraph 14 of this Article, a Member State as referred to therein shall take a decision to issue a residence permit in the case of a family member of the third-country national or stateless person concerned, pursuant to Article 5(4), who does not qualify individually for international protection or for humanitarian status under national law as referred to in Article 2, point (3)(c).

Such a decision shall have the same effect as a decision to issue a residence permit as referred to Article 23(1) of Regulation (EU) 2024/1347, after the person concerned has entered the territory of a Member State.

19. Pursuant to paragraph 14 of this Article, a Member State as referred to therein, or the relevant partner on behalf of the Member State in accordance with Article 10(3) shall notify the third-country nationals or stateless persons concerned of any decision pursuant to paragraphs 15 and 17 of this Article.

Where such a decision was taken before the person concerned entered the territory of the Member State, that a notification may take place after such entry.

20. Pursuant to paragraph 14, a Member State as referred to therein shall make every effort to ensure entry to its territory as soon as possible and no later than 12 months from the date of the conclusion.

In the case of an emergency admission, the Member State shall ensure the swift transfer of the third-country national or the stateless person after the date of the positive conclusion pursuant to paragraph 9.

21. Pursuant to paragraph 14, a Member State as referred to therein shall offer, where necessary, to make travel arrangements, including fit-to-travel medical checks and provide transfer to their territory free of charge, including, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person concerned is admitted.

Where a Member State organises travel arrangements pursuant to the first subparagraph, it shall take into account the specific needs of the persons concerned with regard to any vulnerabilities that they may have.

22. Pursuant to paragraph 14, a Member State as referred to therein shall, where feasible, offer pre-departure orientation programmes to the third-country nationals or stateless persons concerned, which shall be free of charge and easily accessible and may include information about their rights and obligations, language classes, and information about the Member State’s social, cultural and political situation.

Where it is not feasible to provide such orientation programmes, Member States shall provide at least information about their rights and obligations to third-country nationals or stateless persons.

23. Personal data processed by a Member State pursuant to this Article shall not be transferred or made available to any third country, international body or private entity established in the Union or in a third country in cases other than those provided for in this Article.

24. Member States shall transmit the data of the persons falling within the scope of this Regulation in accordance with Article 18 of Regulation (EU) 2024/1358 of the European Parliament and of the Council ( 13 ) .

25. At all stages of the procedure, Member States shall not discriminate against persons on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

REGULATION (EU) 2024/1350 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 May 2024 establishing a Union Resettlement and Humanitarian Admission Framework, and amending Regulation (EU) 2021/1147