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Article 4 Readmission of own nationals

Original text. Later amendments are not shown.

1.

A Member State shall readmit, upon application by the former Yugoslav Republic of Macedonia and without further formalities other than those provided for in this agreement, all persons who do not, or who no longer, fulfil the legal conditions in force for entry to, presence in, or residence on, the territory of the former Yugoslav Republic of Macedonia provided that it is proved, or may be validly assumed on the basis of prima facie evidence furnished, that they are nationals of that Member State.

2.

A Member State shall also readmit, where possible, at the same time:

  • minor unmarried children up to 18 years of age of the persons mentioned in paragraph 1, regardless of their place of birth or their nationality, unless they have an independent right of residence on the territory of the former Yugoslav Republic of Macedonia,

  • spouses, holding another nationality, of the persons mentioned in paragraph 1, provided they have the right to enter and stay or receive the right to enter and stay in the territory of the Requested Member State, unless they have an independent right of residence in the former Yugoslav Republic of Macedonia.

3.

A Member State shall also readmit persons who have renounced the nationality of a Member State since entering the territory of the former Yugoslav Republic of Macedonia, unless such persons have at least been guaranteed naturalisation by the former Yugoslav Republic of Macedonia.

4.

After the Requested Member State has given a positive reply to the readmission application, the competent Diplomatic Mission or Consular Office of the Requested Member State shall immediately and not later than within three working days, issue the travel document required for the return of the person to be readmitted, with a validity of 30 days. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the competent Diplomatic Mission or Consular Office of the Requested Member State shall, within 14 calendar days, issue a new travel document with a period of validity of the same duration.

5.

In case the person to be readmitted possesses the nationality of a third state in addition to that of the Requested Member State, the former Yugoslav Republic of Macedonia shall take into consideration the will of the person to be readmitted to the State of his/her choice.

Notes on Attachment

Footnotes

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O J L 84, of 20.3.2004.