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Family Reunification Directive
Article 3

Article 3

  1. This Directive shall apply where the sponsor is holding a residence permit issued by a Member State for a period of validity of one year or more who has reasonable prospects of obtaining the right of permanent residence, if the members of his or her family are third country nationals of whatever status.
  2. This Directive shall not apply where the sponsor is:
    1. applying for recognition of refugee status whose application has not yet given rise to a final decision;
    2. authorised to reside in a Member State on the basis of temporary protection or applying for authorisation to reside on that basis and awaiting a decision on his status;
    3. authorised to reside in a Member State on the basis of a subsidiary form of protection in accordance with international obligations, national legislation or the practice of the Member States or applying for authorisation to reside on that basis and awaiting a decision on his status.
  3. This Directive shall not apply to members of the family of a Union citizen.
  4. This Directive is without prejudice to more favourable provisions of:
    1. bilateral and multilateral agreements between the Community or the Community and its Member States, on the one hand, and third countries, on the other;
    2. the European Social Charter of 18 October 1961, the amended European Social Charter of 3 May 1987 and the European Convention on the legal status of migrant workers of 24 November 1977.
  5. This Directive shall not affect the possibility for the Member States to adopt or maintain more favourable provisions.