Chapter I, Article 3, Paragraph 2. · Directive (EU) 2024/1233

Contents

2.This Directive does not apply to third-country nationals:

(a)who are family members of citizens of the Union who have exercised, or are exercising, their right to free movement within the Union in accordance with Directive 2004/38/EC of the European Parliament and of the Council^note;

(b)who, together with their family members, and irrespective of their nationality, enjoy rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and third countries;

(c)who are posted for as long as they are posted;

(d)who have applied for admission or have been admitted to the territory of a Member State to work as intra-corporate transferees in accordance with Directive 2014/66/EU of the European Parliament and of the Council^note;

(e)who have applied for admission or have been admitted to the territory of a Member State as seasonal workers in accordance with Directive 2014/36/EU or as au pairs;

(f)who are authorised to reside in a Member State on the basis of temporary protection in accordance with Council Directive 2001/55/EC^note, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status;

(g)who are beneficiaries of international protection under Directive 2011/95/EU of the European Parliament and of the Council^note or who have applied for international protection under that Directive and whose application has not been the subject of a final decision;

(h)who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State or who have applied for protection in accordance with national law, international obligations or the practice of a Member State and whose application has not been the subject of a final decision;

(i)who are long-term residents in accordance with Directive 2003/109/EC;

(j)whose removal has been suspended on the basis of fact or law;

(k)who have applied for admission or who have been admitted to the territory of a Member State as self-employed workers;

(l)who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in or sailing under the flag of a Member State.

Defined terms · 4

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single application procedure
means any procedure leading, on the basis of a single application made by a third-country national, or by the employer of that third-country national, for the authorisation of residence and work in the territory of a Member State, to a decision ruling on that application for the single permit.
single permit
means a residence permit issued by the authorities of a Member State allowing a third-country national to reside legally in its territory for the purpose of work;
third-country national
means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU;
third-country worker
means a third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of an employment relationship in that Member State in accordance with national law, collective agreements or practice;