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Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013 article 29 CELEX: 32024R1351 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 810/2009. In such a case, the represented Member State shall be responsible for examining the application for international protection. |
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013 article 29 CELEX: 32024R1351 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. |
Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations (EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation (EU) No 604/2013 article 29 CELEX: 32024R1351 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applicant holds one or more residence documents the validity of which has expired or which were annulled, revoked or withdrawn less than three years before the application was registered, or one or more visas the validity of which has expired or which were annulled, revoked or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. |