CHAPTER I

GENERAL PROVISIONS

Scope
Article 3
1
This Directive shall apply to:
a
third-country nationals who apply to reside in a Member State for the purpose of work;
b
third-country nationals who have been admitted to a Member State for purposes other than work in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) No 1030/2002; and
c
third-country nationals who have been admitted to a Member State for the purpose of work in accordance with Union or national law.
2
This Directive shall 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 of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States ;
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;
e
who have applied for admission or have been admitted to the territory of a Member State as seasonal workers or au pairs;
f
who are authorised to reside in a Member State on the basis of temporary protection, 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 Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted 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 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.
3
Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or who have been admitted to a Member State for the purpose of study.
4
Chapter II shall not apply to third-country nationals who are allowed to work on the basis of a visa.
OJ L 158, 30.4.2004, p. 77.
OJ L 304, 30.9.2004, p. 12.