The percentage of foreign populations in Greece is as high as 7,1% (2016) in proportion to the total population of the country. In recent years, especially after 1995, due to the mass influx of foreigners, the law of foreign nationals has been adopted. The Greek government has repeatedly tried to regulate the problems dealing with foreign nationals living in the country.
Our office is specialized in dealing with cases of law of foreign nationals and provides full legal support in the process of granting residence permits to third-country nationals, registration for humanitarian reasons, political asylum seekers, family reunification, calls for national visas entry and removal procedures from the list of people declared as "persona non grata".
The applicable rule of law in force in the Greek territory is Law 4251/2014 (ΦΕΚ 80/2014, τευχ. Α) Immigration and Social Integration Code and other provisions (ΚώδικαςΜετανάστευσης καιΚοινωνικήςΈνταξηςκαιλοιπέςδιατάξεις).
Residence Permit for Exceptional Reasons
Pursuant to Law 3386/2005, Article 44 (2) allows third-country nationals to apply for legalization on exceptional reasons. That article states in particular that:
"The Minister of the Interior, Decentralization and E-Government may, exceptionally, grant a residence permit of a duration of one year to third-country nationals residing in Greece, after obtaining the opinion of the Committee referred to in Article 89 (1), proving that they have developed special links with country, provided that there are no grounds for public order. The residence permit for exceptional reasons may only be renewed for one of the other grounds of this law. (a) entry visa or residence permit, even if they have expired, (b) a passport in force, (c) a fee of EUR 300, and (d) documents establishing that the person concerned is a national of a third country, have developed particular ties with the country,which make them necessary to stay within the Greek Territory".
In light of the Law 4251/2014,Article 19 examines the possibility of granting the person concerned a residence permit for exceptional reasons of two years by the Minister of Interior (ΥπουργείοΕσωτερικών) and Administrator of Reconstruction (ΔιοικητικήςΑνασυγκρότησης) or by the Coordinator of the Decentralized Administration on a case-by-case basis only if the third country national himself produces:
Entry visas issued by the Greek Consular Authority (ΕλληνικήΠροξενικήΑρχή) at least three years before the submission of the application
A final residence permit, irrespective of the authority which issued it
Documents establishing that the applicant has developed particular links with the country in order to make his stay in Greece necessary.
A basic condition for the admissibility of an application for a residence permit under exceptional reasons is the evidence from the applicant that he has legally entered Greece and has developed strong ties with the country.
For these strong links, shall take into account:
Thorough knowledge of the Greek language
Attending a Greek primary or secondary school (ΔημοτικόκαιΓυμνάσιο)
The period of residence of the applicant in Greece and, above all, the lawful residence
The time of his insurance to a Greek main social security institution
Fulfillment of tax obligations
Exceptionally, the applicant is not required to present his entry visa or the final residence permit if he proves with some documents the certain date of his stay in the Greek Territory for at least seven consecutive years.
A)Issue of a residence permit for exceptional reasons in case the applicant did not hold a permanent residence permit but proves a stay in the Greek Territory for at least seven continuous years
An application should be submitted at the office of Department of Immigration Policy (ΔιεύθυνσηΜεταναστευτικήςΠολιτικής) atthe Ministry of Interior with the following necessary supporting documents:
Copy of passport, even if it has expired
Visa or residence permit issued at least three years prior to the filing of the application or any documents proving seven years of continuous residence in the country before the date of filing the application
A fee of EUR 300
Documents certifying the development of ties with the country, such as:
a. Certificates of attending Greek language courses
b. Certificates of attendance at a Greek primary or secondary school
c. Previous residence permits, irrespective of the issuing authority
d. Copies of tax returns of the previous years
e. Proof of insurance to a Greek social security institution
f. Evidence of a relative relationship with a Greek citizen or homogeneous person
g. Evidence of attendance at an educational institution in the country
h. Transactions
i. Notarial documents prepared in the presence of the applicant
As documents of a certain date, on the basis of which the seven-year stay in the country are calculated for the applicant, are specified the following:
Evidence of attendance (of his own or his children) at public educational institutions in Greece
Requests for temporary or permanent residence or international protection status
Copies of rejection decisions on requests for the grant or renewal of a residence permit
Former temporary residence papers irrespective of the issuing authority
Copies of tax returns from previous years
Copy of VAT (ΑΦΜ) return
Proofs of insurance to a Greek main insurance organization
Social security card(βιβλιάριουγείας)
Bills of electricity (ΔΕΗ), water (ΕΥΔΑΠ) or landline telephone (ΟΤΕ) in the name of the applicant
Credit institution accounts
Transfer receipts in the countries of origin through credit institutions, foreign exchange, and payment service providers, according to Law 3862/2010, supervised by the Bank of Greece
Certificates of Greek language courses
Court decisions
Administrative expulsion or return decisions which have not been executed
Older passport copies (all pages included)
Declarations of civil status facts (δηλώσειςληξιαρχικώνγεγονότων)
Evidence of hospitalization in public hospitals
Extract of a book of offenses and incidents held by a police department
Service memos ordering departure from the country
The responsible committee of the Department of Immigration Policy of the Ministry of Interior checks whether the formal requirements for the examination of the application and the proven 7-year stay in the Greek Territory are met and provides a document with a footnote prohibiting expulsion until the examination of the application for a residence permit under exceptional reasons. Nevertheless, if the formal requirements for examining the application are not met, another document is issued stating that "the filing of an application is not proof of legal residence" and the applicant needs to review his documents and requirements in order to stay in the country.
B) Issue of a residence permit for exceptional reasons if the applicant holds already permanent residence permit.
An application is submitted to the Aliens and Immigration Department (ΔιεύθυνσηΑλλοδαπώνκαιΜετανάστευσης) of the Department of Immigration Policy with the following required documents:
Copy of passport, even if it has expired.
Final residence papers of a total duration of five years, irrespective of the issuing authority, which have expired in the last decade before the application was submitted
A fee of EUR 300
Either a personal or family social security card in force or a document of insurance capacity or else a proof of acquiring the required insurance days for insurance coverage by any public insurance organization
The completeness of the required documents is checked and a written certificate is issued giving access to gainful employment. The final decision to grant the relevant residence permit for exceptional reasons is given by the Coordinator of the Decentralized Administration.
Residence Permit for Humanitarian Reasons
Pursuant to article 19 of Law 4251/2014, by the decision of the Minister of Interior, a residence permit is issued to foreigners to third-country nationals who are in Greece and fall into one of the following categories:
i. Victims of human trafficking. These are mainly the victims who do not cooperate with the prosecution authorities
ii. Victims and witnesses of criminal acts like racist crime, criminal organization, terrorist acts, andgrievous bodily injury
iii. Victims of domestic violence as defined in the relevant Law 3500/2006
iv. Persons attending a mental health care program proven by a written confirmation from the Program Manager. The duration of the initial residence is annual and can be renewed every two years if the same conditions are met
v. Parents of minors. This provision refers to parents of minors who have no legal residence in Greece.
By decision of the Coordinator of the Decentralized Administration of the place of residence of the interested citizen, a residence permit is granted for humanitarian reasons "to those suffering from serious health problems". The assistance of serious health problems, as well as the duration of the treatment, should be proven by a recent medical certificate for granting a residence permit for humanitarian reasons to persons suffering from serious health problems which are the possession of a strong residence permit by the applicant. If the health problem refers to an infectious disease, the decision shall require the assent of the Minister of Health (ΥπουργόςΥγείας) that there is no risk to public health.
Residence Permit for International Protection - Asylum Seekers - Subsidiary or Temporary Protection
On Greek Territory, all issues concerning beneficiaries of international protection are governed by the 1951 Geneva International Convention.
i. Refugee institution
A refugee shall be considered to be an individual who is outside his country of nationality or habitual residence who is unable or unwilling to return due to a well-founded fear of persecution based on his race, religion, nationality, political opinion or membership in a particular social group.
Examples of persecution are threats to life or freedom, serious human rights violations that are related to race, religion, ethnicity, social class, or political beliefs. Refugees may NOT be recognized as those who have committed a crime against peace, a war crime or a crime against humanity, those who have committed a serious offense of ordinary criminal law before entering the asylum country and those guilty of acts contrary to the purposes and the United Nations.
ii. Institution of Subsidiary Protection
Subsidiary protection is an international form of protection for persons of third-country nationals or stateless who have been forced to escape or reside outside their country of origin because of threats to their lives, security or personal freedom, for reasons of indiscriminate violence usually in situations of armed conflict which cannot fall within the scope of the 1951 Geneva Convention on Refugees.
iii. Institution of Temporary Protection
Unlike subsidiary protection, temporary protection was introduced to deal with mass influxes in a host country due to emergency and exceptional circumstances. It is special transitional protection rather than a supplement to the Geneva Convention which, in massive situations of third-country nationals, provides immediate protection against possible returns without, however, recognizing refugee or subsidiary protection status.
Reception and Identification Services
Reception and Identification Services (ΥπηρεσίαΥποδοχήςκαιΤαυτοποίησης) an independent agency under the Deputy Ministry of Migration Policy. The mission of the Identification Service is the effective management of third county nationals who cross the Greek borderswithout legal documents and/or procedures, under conditions that respect their dignity, by placing them in first reception procedures. All third-country nationals who are arrested illegally entering the Greek Territory are subject to the first reception procedures, which consisted in the verification of their data, their registration, their medical check-up, the provision of medical care to those in need and the information on their rights and obligations. As vulnerable groups include unaccompanied minors, people with disabilities, elderly, pregnant or late-pregnant women, single-parent families, victims of torture, rape or other serious forms of psychological violence or exploitation or victims of human trafficking.
Asylum Service
The Asylum Service (ΥπηρεσίαΑσύλου) was established under Law 3907/2011 and is attached to the Ministry of Migration Policy (ΥπουργείοΜεταναστευτικήςΠολιτικής). It is the first autonomous institution in the country that is in charge of the examination of international protection claims.The objective of the Asylum Service is to apply national legislation and to abide by the country’s international obligations regarding the recognition of refugee status.The Asylum Service receives, examines and decides on all applications for international protection lodged in Greece. It also contributes to the formulation of Greek policy on international protection and cooperates with international organizations and the European Union institutions in the areas of its remit. Finally, those recognized in Greece as refugees or beneficiaries of subsidiary protection are provided with a three-year residence permit and are granted a right to work.
Residence Permit For Family Reunification Third Country Citizens
In the eyes of the law, family reunification means the entry and residence in the country of family members of a third-country national that resides legally and permanently in Greece. According to PD 131/2006 transposing the Family Reunification Directive, only recognized refugees have the right to apply for reunification with family members who are third-country nationals if they are in their home country or in another country outside the EU.
As per Article 13 PD 131/2006, “family members” include:
a. Spouses
b. Unmarried minor children
c. Unmarried adult children with serious health problems which render them incapable to support themselves
d. Parents, where the beneficiary solemnly declares that he or she has been living with them and taking care of them before leaving his or her country of origin and that they no longer have other family members to care for and support them
e. Unmarried partners with whom the applicant has a stable relationship, which is proven mainly by the existence of a child or previous cohabitation, or any other appropriate means of proof.
According to Article 23 PD 141/2013, family members of the beneficiary of international protection who do not individually qualify for such protection are entitled to a renewable residence permit which must have the same duration as that of the beneficiary. However, in case the family has been formed after entry into Greece, the law requires the spouse to hold a valid residence permit at the time of entry into marriage in order to obtain a family member residence permit. This requirement is difficult to meet in practice and may undermine the right to family life since one must already have a residence permit in order to qualify for a residence permit as a family member of a refugee.
If the refugee is an unaccompanied minor, he or she has the right to be reunited with his or her parents if he or she does not have any other adult relatives in Greece.If a recognized refugee requests reunification with his or her spouse and/or dependent children, within 3 months from the deliverance of the decision granting him or her refugee status, the documents required with the application are:
a. A recent family status certificate, birth certificate or other documents officially translated into Greek and certified by a competent Greek authority, proving the family bond and/or the age of family members and
b. A certified copy of the travel documents of the family members.
However, if the applicant cannot provide these certificates, the authorities take into consideration other appropriate evidence.
Ιf the refugee is an adult and the application refers to his or her parents and/or the application is not filed within 3 months from recognition, apart from the documents mentioned above, further, documentation is needed:
a. Full Social Security Certificate (AMKA), an i.e. certificate from a public social security institution (e.g. IKA, OAEE), proving the applicant's full social security coverage
b. Tax declaration proving the applicant’s fixed, regular and adequate annual personal income, which is not provided by the Greek social welfare system, and which amounts to no less than the annual income of an unskilled worker – in practice about €8.500 – plus 20% for the spouse and 15% for each parent and child with which he or she wishes to be reunited
c. A certified contract for the purchase of a residence, or a residential lease contract attested by the tax office, or other certified document proving that the applicant has sufficient accommodation to meet the accommodation needs of his or her family.
The abovementioned additional documents are not required in case of an unaccompanied child recognized as a refugee, applying for family reunification after the 3-month period after recognition.
Residence Permit For Second-Generation Immigrants
The Ministry’s new regulations will give all second-generation immigrants living in Greece the right to apply for citizenship in the country where they were born or where they have completed certain levels within the Greek education system. This will be a relief for estimated 200.000-second-generation children and young adults born and raised in Greece who is denied citizenship status because their parents are immigrants. As a result and according to the provisions of Law 4332/2015, these second-generation Greeks are able to apply for a residence permit in order to live in the country they consider home and often encountered walls when applying for public sector jobs, social welfare or in applications to higher education institutions, especially beyond the borders of Greece.
The bill sets certain prerequisites:
a. The applicant can apply from the age of 16 years and will be eligible for citizenship from 18 years of age.
b. The applicant must have completed the compulsory minimum education in the Greek system (ΔημοτικόκαιΓυμνάσιο), which means he must have completed six years in secondary education before reaching the age of 23. Nevertheless, he must continue to reside legally in the country, where he is granted a five-year residence permit and there are no compelling reasons of national or public order.
This arrangement is extremely important because it ensures that the second-generation kept a lawful residence both as minors and as adults. Either they were born in Greek Territory or they attended the Greek educational system, the second- generation applicants should prove that they have developed particular links with the country and society in order to make their stay in Greece necessary.
Residence Permit For Paid Employment
In order to obtain a work permit for a third-country national wishing to work in Greece as an employed or self-employed person, the procedure for his recruitment by the Greek citizen-employer must follow the following procedure:
a. Submit a request to the competent department of the Decentralized Administration of the place of residence, while indicating the number of posts, qualification, the nationality of the foreigner and the time he wants to employ him.
b. A valid contract from which it follows that the salary of the invited worker will be equal to the monthly salary of an unskilled worker
c. A salary statement (εκκαθαριστικόσημείωμα) indicating the employer's ability to pay monthly earnings.
The third-country national can only work legally as an employed person once his application is:
i. Submitted by his employer and approved by the coordinator of the Decentralized Administration and moreover,
ii. It is verified that the worker will be employed in one of the jobs included in the joint ministerial decision.
This joint ministerial decision is issued in the last quarter of every second year, taking into account the needs for workers in the Greek Territory asthese needs are determined by the interest of the national economy, the job offer for nationals, European citizens or legally resident third-country nationals, as well as unemployment rates per sector of employment.
The coordinator of the Decentralized Administrationadopts an infringement decision to call upon the specific request submitted and forwarded it, together with the signed employment contract, to the competent consular authority of the place of residence of the worker so it can grant the national entry visa. It also provides the possibility of suspending the recruitment of foreign workers where there are reasons of national interest or national economy.
The responsibility for issuing a residence permit for work of an initial duration of two years is the Decentralized Administration department to which the third-country national who has been recruited, has submitted the necessary supporting documents.
Removal Procedures From The List Of Undesirable Foreigners
The procession of residence permit to a third-country national in the Greek Territoryrequires the applicant not to be included in the National ListOf Undesirable Foreigners (ΕθνικόΚατάλογοΑνεπιθύμητωνΑλλοδαπών), which is a list of people declared as "persona non grata". There are two kinds of lists, the national list which is controlled by the Ministry of Citizen Protection (ΥπουργείοΠροστασίαςτουΠολίτη) in Greece and the European list of Schengen Information System (SIS). In order, a third-country national to successfully support the process of granting residence permit in Greece initially needs to be deleted from the list.
According to Law 4251/2014, the national list of undesirable foreigners includes:
a. Foreigners who have been deported from the country after a judicial or administrative decision
b. Foreigners whose presence in Greek Territory that could be a threat to national security or public order
c. Foreigners that may be a threat to public health (if they have an infectious disease or belong to groups susceptible to infectious diseases due to the state of public health in their country of origin etc.).
Deletion from the National List Of Undesirable Foreigners
The deletion of the national list comes after the expiration of the inclusion to the list decision's validity, the revocation or cancellation of the expulsion or the return decision on the basis of which the third-country national was listed. Nevertheless, the deletion from the national listcan be permitted even before the time specified in the inclusion decision is completed for reasons of national or public interest or international obligations of the country or at the request of the third-country national concerning the public interest.