EUROPEAN INTEGRATION FUND - ANNUAL PROGRAMME 2010PRIORITY 1: Action Realization for the practical implementation of the “Common Basic Principles on the

immigrants’ integration policy in European Union" Action 1.2/2010: “Legal and Administrative support to third-country nationals who legally live in the country”

INFORMATIONAL MATERIAL FOR THIRD-COUNTRY NATIONALS

Immigration issue guide

Action “1.2/10 Legal and Administrative support to third-country nationals who legally live in the country” is co financed by the European Integration Fund (75%) and by National Resources (25%)

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CONTENTS LIST

INTRODUCTION........................................................................................................................... 4

1. STATUS OF RESIDENCE IN GREECE

1.1 Initial granting – Renewal ……………………………………………………...........................4

1.2 Documentation submit certificate............................................................................................... 5

1.3 Third-country citizen rights....................................................................................................... 5

1.4 Third-country citizen obligations. ............................................................................................... 6

1.5 Loss of residence permit ............................................................................................................ 7

1.6 Administrative deportation...........................................................................................................7

1.7 Protection from return................................................................................................................. 8

1.8 Residence permit types ............................................................................................................... 8

1.8.1 Humanitarian reasons.......................................................................................................11

1.8.1 Exceptional reasons..............................................................................................................

1.8.3 Special certificate of legal residence ...............................................................................12

1.8.4 Common documentation for any type of residence ........................................................ 14

1.8.5 Unlimited residence permit..................................................................................................

1.8.6 Permit of independent financial activity ......................................................................... 16

1.8.7 Student residence permit.................................................................................................. 17

1.8.8 Family reunification......................................................................................................... 17

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2. WORK STAMP DUTY

2.1 What work stamp duty is.......................................................................................................... 21

2.2 How many stamps can you take with the work stamp duty.......................................................22

3. SUFFICIENT RESOURCES

3. Sufficient resources...................................................................................................................23

4. REQUIREMENTS AND DOCUMENTATION IN ORDER TO ACQUIRE GREEK

NATIONALITY

4.1 Nationality Acquisition by birth in Greece............................................................................... 25

4.1.1 Required documentation.................................................................................................. 25

4.2 Nationality Acquisition by schooling in Greece........................................................................ 25

4.2.1 Required documentation.................................................................................................. 26

4.3 Nationality Acquisition by naturalisation ..................................................................................26

4.3.1 Required documentation.................................................................................................. 27

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1. Status of residence in Greece

Introduction

Third-country citizens (immigrants) legally living in Greece are obliged to hold a legal residence title (permit). Thus, there are permits for those wishing to work, those wishing to open their own business, for students, for their families and also for special categories of third-country nationals such as executives, athletes, members of artistic groups, members of foreign archaeological schools, foreign press correspondents etc. Immigrants are granted their residence permit by the Ministry of the Interior and are distinguished from other groups of citizens falling under different categories such as refugees and asylum applicants and citizens coming from European countries.Third countries are countries that do not belong to the European Union. The same status applies for citizens coming from countries such as Albania, Georgia, Ukraine, Pakistan, Serbia, Egypt, Bangladesh etc as well as from the USA, Russia, Canada, Japan and Australia etc.Citizens coming from European Union countries enjoy the same rights as Greek citizens.Immigrants living in Greece for many years may opt to acquire a long-term resident permit, a ten-year long permit or provided they meet the legal requirements they may became Greek citizens.

1.1Initial granting – Renewal Article 9 -12 L. 3386/2005

Third-country citizens wishing to work or study or to be reunited with their family that lives in Greece must have a special for the purpose they wish entry visa. The special entry visa is granted to the persons concerned at the local Greek consulates abroad, provided that the legal requirements are met. Furthermore, third-country citizens coming from states for which the tourist entry visa has been abolished must take a special entry visa.In order to work in Greece, a third-country citizen living in a non European country must be invited by an employer in Greece through the procedure provided in article 14 Law 3386/05.Third-country citizens holding a long-term resident permit in another EU Member State are excluded by this rule.

In order to continue living in Greece legally, third-country citizens must renew their residence permits pursuant to the provisions of law. An essential requirement for the renewal of the residence permits of immigrants working in Greece is to have completed the required days covered by insurance provided by law.For the renewal of a residence permit, third-country nationals must submit a relevant application within two months before the residence permit's date of expiry. Belated residence permit renewal applications may be submitted up to one month after the residence permit date of expiry. In this case paragraph 3 article 73 (obligation to depart from the country until the date of expiry of the permit) does not apply and the third-country national must pay a fine to the State amounting to one third of the sum of the fiscal stamp in case a of paragraph 1 article 92 Law 3386/2005 (fiscal stamp for annual residence permit). Submission of the relevant application is not possible when a month after the date of expiry of the residence

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permit has passed. It is only possible in cases of force majeure, nevertheless in such cases applicants do not live legally in the country and are not granted a documentation submit certificate which is a legalizing title of residence in the country until the application has been judged.

The Ministry of the Interior posts useful information about relevant issues on its website www . ypes . gr (under General Secretariat of Population and Social Cohesion)

1.2 Documentation submit certificate(article 11 Law 3386/2005, as applying after its replacement by article 4 Law 4018/2011) Competent authorities, responsible to receive applications of third-country citizens for the granting or renewing of residence permits, provided that the necessary documentation is complete, grant a documentation submit certificate, which has annual duration. If the application is still pending at the date of expiry of the documentation submit certificate, the authority where the application has been submitted must issue a new certificate with annual duration, informing at the same time the person concerned on the reasons of the delay by justifying them.Application submit certificates for the granting or renewing of a permit which have been granted until 30 September 2011 shall be valid until 30 September 2012. After this date the Administration shall be obliged to issue a new certificate.Holders of the aforementioned documentation submit certificate live legally in the country and have the right to engage in the same activity as they did with the residence permit, which they have asked to be renewed.Every year a special decision of the Minister of Citizen Protection is published giving the possibility to the holders of the aforementioned certificate to depart to their country of origin, and only, and to return to Greece.Holders of a valid residence permit have the right of entry in a Schengen country, with the possibility of a three-month presence, which does not apply for the certificate holders.Note: For any other activity except for tourism, a special entry visa for third-country nationals is usually required pursuant to Community law and also the national law of each EU Member Sate.

1.3 Third-country citizen rightsArticle 71 -72 L. 3386/32005

• Third-country nationals legally living in Greece are insured at the local social security organizations and are entitled to the same insurance rights as Greek nationals.

• Provisions of decree-law 57/1973, as applicable, on social protection, are also applicable on third-country nationals legally living in Greece.

Note: As a general principle, social assistance protection is not provided pursuant to Ministerial Decisions issued and pursuant to decree-law 57/1973. According to decree-law 57/1973, social assistance protection is in principle limited to cases of emergency due to natural phenomena (earthquakes, floods etc). Hence, there is contrary jurisprudence by the ECHR regarding breach of the principle of prohibition of discriminations.

• Actions provided in articles 1 to 3 Law 927/1979 (Greek Official Gazette 139 Α) are prosecuted as a matter of course.

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• Juvenile third-country nationals living in Greek territory are subject to obligatory schooling, as Greek nationals. And they are entitled, without limitation, to have access to school or educational community activities.

• For the third-country juvenile national’s registration in public schools documentation equivalent to the documentation which is provided for Greek nationals is required. Children of third-country nationals may exceptionally be registered at public schools provided that:

a. They are protected by the Greek state due to their status of refugee or because they are protected by the High Commissioner of the UN. b. They come from areas in an unsettled situation. c. They have submitted an application in order to be granted an asylum. d. They are third-country nationals living in Greece, even though their legal residence in Greece has not been regulated yet.

• Third-country citizens having completed secondary schooling in Greece may have acces to university education, under the same terms and conditions as Greek nationals.

1.4 Third-country citizen obligations Article 73 Law 3386/2005 During his/ her stay in Greece, a third-country citizen, is obliged to declare to the competent authorities the following: a. Every change of his/ her residence address. b. Every change of his/ her personal situation, especially as far as nationality change is concerned, as well as marriage, dissolution of marriage, marriage annulment or birth of a child. c. Any loss or renewal or change of passport or other travel document data. d. Any loss of any residence or permanent residence document. e. Any change of employer and type of employment. f. Termination of an employment contract. Especially, any change of residence address may be notified as well at the local police department. The above mentioned declarations shall be made within two months after the occurrence of the relevant event, except for the case of passport renewal, which may be done until the date of submission of the residence permit renewal application.

A third-country citizen, holding a residence permit, must have departed without further notice until the date of expiry of his/ her permit, unless he/ she has submitted a residence permit renewal application and a documentation submit certificate has been granted to him/ her.5. Any third-country national, breaching the time limit of voluntary departure or in any other case lives illegally in the Country for a period of time not exceeding thirty (30) days, must pay at his/ her departure a sum amounting to the quadruple of the fiscal stamp provided for an annual residence permit. If the period of illegal residence exceeds thirty days, he/ she must pay a sum amounting to the eightuple of the fiscal stamp provided for an annual residence permit.Fines shall not be imposed to: a) juveniles, b) natives of Greece, c) spouses or parents of Greek nationals, of natives of Greece or of Community citizens, d) persons participating to procedures and programmes of voluntary repatriation, e) persons breaching their legal period of residence in the Greek territory due to force majeure, provided that they depart from Greece within thirty (30) days after the event of force majeure has expired. . The concurrence of reasons of exemption shall

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in any case be decided by the police authority proceeding to the control of the third-country national’s departure 1.A fine imposition does not entail registration in the list of undesired third-country nationals (ΕΚΑΝΑ or SIS Schengen), but only registration of the third-country national in a special list of persons liable to pay the aforementioned fines. A fine imposition impedes a third-country national's re-entry in the country unless the relevant fine is paid, even at his/ her re-entry.

1.5 Residence permit lossA residence permit shall not be granted or withdrawn or renewed if: a. The legal requisites based on which the permit has been granted are not met or are no longer met b. It is proven that false or misleading information, false or falsified documents have been used or that fraud has been committed in any way or that other illegal means have been used.

Article 76 Law 3386/20051.6 An immigrant may be deported (administrative deportation) if: a. He/ she has been finally sentenced to deprivation of liberty for at least one year or, regardless of the penalty, he/ she has been sentenced for a series of offences (article 76 Law 3386/05) b. He/ she has violated the provisions of Law 3386/05 as applicable c. His/ her presence in the Greek territory is dangerous as far as public order or safety of the Country is concerned. d. His/ her presence in the Greek territory is dangerous for public health and he/ she denies to comply with measures established by medical authorities for the protection of public health even though he/ she has been adequately informed on such matters.

His/ her deportation shall be ordered by decision of the Police, after a time limit of 48 hours has been given to the third-country national in order to follow the objection procedure. The police may order the provisional arrest of a third-country national within three days after the deportation decision has been issued. His/ her detention may be continued until his/ her deportation, but not for more than 6 months. In case that the deportation is not possible due to the lack of cooperation of the third-country national or of his/ her country of origin embassy, his/ her detention may be prolonged to six months.

A third-country national that is detained may express his/ her objection against the detention decision or his/ her detention prolongation as well before the president, or the judge of first instance appointed by the latter, of the administrative court of first instance, in the area of jurisdiction of such court where he/ she is detained.

(Article 77 Law 3386) a third-country national is entitled to bring the matter before the Minister of Public Order or to the authorized by him/ her body objecting the decision within five days since it has been published. A relevant decision shall be issued within three working days since the appeal has been lodged.

1 Replaced by article 42, paragraph 5 of Law 3907/2011

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If a third-country national’s direct deportation from the Country is not possible due to force majeure, the Minister of Public Order or the authorized body may, by his/ her or its decision, suspend the enforcement of the deportation decision. Restrictions may be imposed to the third-country national by a similar decision.

1.7 Protection from return1. A third-country national’s return is prohibited provided that:a. He/ she is juvenile and his/ her parents or persons having his/ her custody live legally in Greece. b. He/ she is the parent of a Greek juvenile national and has his/ her custody or has a maintenance obligation which he/ she fulfils. c. Is over 80 years old.d. He/ she has been granted international protection status or has asked for the provision of such status and his/ her application has not been finally judged, notwithstanding articles 32 and 33 of the Geneva convention of 1951.e. He / she is minor and reformative measures have been imposed upon him/ her by decision of the Minor’s Court.f. His/ her status as native of Greece is established.Pregnant women, during their pregnancy and for six months after delivery, are also included in the persons qualifying for prohibition of return.2. Return is not prohibited in cases b, c and f of the previous paragraph, when the third-country national is dangerous for public order or national security or public health.

1.8 Chart of residence permit types:Article 9 Law 3386/05 Α) Residence permit for work: Α1. Dependent labour or service or work provision Α2. Seasonal work Α3. Executives Α4. Temporary migration for service provision Α5. Athletes Sports Instructors Α6. Members of artistic groups Α7. Intellectual creators Α8. Members of foreign archaeological schools Β) Residence permit for independent financial activity: Β1. Independent financial activity Β2. Development of investing activity C) Residence permits for special reasons: C1. Studies C2. Vocational training C3. Grant holders Special programmes C4. Studies in military schools C5. Medical specialization acquisition C6. Financially independent persons C7. Adult children of diplomatic employees

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C8. Service staff of diplomatic missions C9. Foreign press correspondents C10. Ministers of known religions C11. The Athonite School C12. Studying, acquaintance and practice of monastic life C13. Heads of organised tourism groups C14. Researchers D) Residence permits for exceptional reasons: D1. Humanitarian reasons D2. Public interest D3. Human trading and illegal immigrant trafficking victims. Ε) Residence permit for family reunification: Ε1. Members of a third-country national family Ε2. Independent residence permits for members of a third-country national family Ε3. Members of a Greek or EU Member State citizen's family F) Unlimited residence permit. G) Long-term resident permit.

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Type of residence permit – article of law

Activity as an employed person

Right to open your own business

Validity period Renewal

Dependent labour articles (14-15)

Yes No Initial granting for one year- 2 years after renewal

Yes

Independent financial activity permit (articles 24-25)

Purpose change is allowed only after 2 years

Yes 2 years Yes

Studies- training No, only part time employment

No For the duration of the studies

Long-term resident permit

Yes Yes 5 years Yes

Ten year permit Yes Yes Yes Yes Family reunification

Yes, under conditions

No The duration of the husband’s/ wife’s permit

Yes (for minors until their 18th

year of age)Members of Greek or European citizen’s family

Yes Yes 5 years Yes (after the renewal a permanent residence document is granted)

Humanitarian reasons

On a case by case basis (article 44 Law 3386/05)

On a case by case basis (article 44 Law 3386/05)

One or two years On a case by case basis (article 44 Law 3386/05)

Exceptional reasons

Yes No One year Yes for some of the permits of 3386/05

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1.8.1 Humanitarian reasonsArticle 44 Law 3386/2005 (as applicable along with article 42 Law 3907/2011)

A residence permit for reasons of humanitarian nature is granted to third-country citizens falling under one of the following categories, (provided that they do not endanger public order and safety):a. Victims of human trading b. Victims of criminal actions provided in articles 1 and 2 of Law 927/1979 (Greek Official Gazette 139 Α') and in paragraph 1 of article 16 of Law 3304/05 (Greek Official Gazette 16 Α’), provided that they have been proceeded against and until a judiciary rule is issued. If the aforementioned persons are under medicinal treatment, their residence permit shall continue being granted for the duration of their medicinal treatment.c. Adults, victims of domestic violence or persons unable to tackle their affairs due to health issues or minors, proven to need protective measures and are hosted by institutions or other welfare legal persons. d. Minors, in the custody of families of Greek citizens or third-country citizens living legally in the Country or for whom an adoption procedure before Greek authorities is pending.e. Victims of work accidents and of other kinds of accidents covered by Greek legislation, for the duration of their treatment or persons that retire for the same reason (petitioners must hold a residence permit unless they are exempted). f. Persons suffering from serious health problems. The occurrence of serious health problems, as well as the duration of the treatment is established with a recent medical certificate (petitioners must hold a residence permit). g. Minors hosted in children’s homes operating under the supervision of competent Ministries.h. Adults born in Greece, as well as the ones who have studied in at least six classes of Greek school before reaching their maturity, provided they continue to live permanently in the country.i. Spouses, parents of juvenile Greek nationals and members of a Greek citizen's family.Holding a passport, whether or not valid, is a requisite for the granting of a residence permit to persons belonging to the aforementioned categories.For the examination of a residence permit application pursuant to this paragraph a fiscal stamp shall not be paid, except for the cases h and i in which a fiscal stamp amounting to 150 euro shall be paid.Holders of residence permits belonging in cases a, b and h, as well as the ones that acquire a residence permit as spouses of Greek citizens based on the case of item i have the right to work in the framework of dependent labour or to provide services or work. Permits of all cases are annual or biennial and shall be renewed for the same reason, except for the cases h and i in which the permit shall be annual and shall be renewed for one of the rest of the reasons of Law 3386/2005.

1.8.2 Exceptional reasons The Minister of the Interior may exceptionally grant pursuant to an opinion by the Committee of paragraph 1 article 89 a residence permit valid for a year to third-country citizens living in Greece, who prove that they have developed special bonds with the country, provided that

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there is no occurrence of public order reasons. The residence permit for exceptional reasons may be renewed for one of the rest of the reasons provided in 3386/05.Documentation(a) entry visa or residence permit, whether valid or not, (b) valid passport, (c) a 300 euro stamp duty, as well as (d) documents establishing that the third-country national has developed special bonds with the country, according to which it is necessary for him/ her to remain in the Greek Territory.

Exceptionally , an entry visa is not required provided that the person concerned proves with documents with certain dating the fact that he/ she has lived in the country for at least ten years continuously. For the establishment of the occurrence of special bonds with the country the following is especially taken into account by the committee: (a) very good knowledge of the Greek language, (b) schooling in a Greek primary or secondary school, (c) the period of time he/ she has lived in Greece, mainly legally, (d) any period of insurance with a Greek organization of main insurance and fulfilment of tax obligations,(e) family relationship with a Greek citizen or native of Greece.Submitting an application for residence permit granting for exceptional reasons does not provide a residence permit until the decision is issued.

The competent authority for the submission of the aforementioned applications is the Migration Policy Directorate of the Ministry of Interior, (Evagelistrias 2- Tuesday to Friday 10.30 – 13.30. There is a priority order from 7:00 a.m.)

The necessary period of time for the examination of the aforementioned applications is now (May 2012) 2-3 years.

1.8.3 Special certificate of legal residence Ministerial Decision 22037/1-10-2010 Greek Official Gazette 1629Β/11-10-2010 (regulation 38/2010)Case 1A special certificate of legal residence is granted to third-country citizens, for which a decision of stay or a provisional order of stay has been issued by the Administrative Court for administrative acts against which an application for revocation has been filled and are related to a) a rejection of a residence permit renewal application b) a revocation of an issued residence permit, c) a rejection of an initial residence permit granting, under the conditions that the application has been submitted either pursuant to an entry visa for one of the reasons provided in Law 3386/2005 or legal effect acts which have been issued by proxy and the person concerned has received a documentation submit certificate. The special certificate for legal residence is valid for one year; it may be renewed each time for an equal period of time until the issuance of the relevant decision. It provides its holder rights that correspond to the category of his/ her residence permit that has been revoked, has not been renewed or has not been granted.

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Documentation Manner of submission: Municipality or Ministry of InteriorGRANTINGa. Two photographs.b. A true copy of passport or other travel document, except for the persons falling under the cases of objective inability to hold a passport, within the meaning of paragraph 1 subparagraph c of article 84 of Law 3386/2005, as applicable.c. A true copy of the decision rejecting the request or revoking the permit.d. A true copy of the decision of stay or of the provisional order of stay.e. Fiscal stamp amounting to 150 eurof. In case c of paragraph 1 a true copy of the certificate of paragraph 1 of Ministerial Decision number 8966/18.5.2006 is required.RENEWALa. Two photographs.b. A true copy of passport or other travel document, except for the persons belonging to cases of objective inability to hold a passport, within the meaning of paragraph 1 subparagraph c of article 84 Law 3386/2005, as applicable.c. A certificate by the competent Administrative Court on the validity of the stay.e. Fiscal stamp amounting to 150 euro5. In case of a rejecting decision concerning an application of revocation by the Administrative Court, the validity of the special certificate of legal residence is automatically terminated.

Case 2The provisions of this also apply respectively to third-country nationals whoa) are released from prison with restrictions including prohibition of exit from the country,b) a restriction is imposed upon them during the pre-trial proceedings, for the observance of which the third-country nationals must remain in the country until the judgment of the case.In case a, the special certificate of legal residence is granted regardless of whether the third-country nationals held, valid residence permits or a documentation submit certificates, during their imprisonment.In case b the special certificate of legal residence is granted only in cases where third-country nationals do not hold a legal residence title of the country.

DocumentationManner of submission: Municipalitya. Two photographs.b. a true copy of passport or other travel document,provided it exists.c. Fiscal stamp amounting to 150 eurod. A true copy of the misdemeanour court order or of the court decision pursuant to which they are conditionally released or a true copy of the decision by the competent authority setting restrictions during the pre-trial proceedings phase.

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When: An application may be submitted at any time within the period of validity of the restrictions or the period of time until the judgment of their case.

Special certificates for legal residence provided in this chapter offer access to activity as an employed person.Holders of special certificates of legal residence must after the termination of the restrictions or the completion of the trial depart from the country, except for the ones that held residence permits during their imprisonment .

In such case and within six months from the termination of the restrictions, the persons concerned may submit an application of initial residence permit granting, corresponding to the category of residence permit they held. The residence permit is granted provided that the applicable requirements provided by law are fulfilled and that there are no occurring reasons pursuant to which the applicant is deemed to be dangerous as far as public order and safety is concerned.

The special certificate of legal residence is also granted to dependent members of third-country citizens, who hold a residence permit due to family reunification reasons as well as to their juvenile children that have been born in Greece.An independent residence permit is granted to the children of third-country nationals falling under this paragraph who come to their maturity.

1.8.4 COMMON DOCUMENTATION FOR ALL TYPES OF RESIDENCE PERMITS

Decision number 933/19-01-2009 of the Minister of the Interior establishes the necessary Documentation for the Granting and Renewal of the Permit

.For an initial residence permit

• An application form in duplicate • Three (3) recent photographs in colour.• A true copy of a valid passport or travel document approved by our country with a

valid entry visa, where necessary, as provided.• A health certificate by a Greek public hospital certifying that the third-country national

does not suffer from a disease, which may be dangerous for public health. • A fiscal stamp, i.e. a type B duplicate certificate from the competent for receiving the

application authority, pursuant to provisions of paragraph 1 article 92 of Law 3386/05 except for the cases falling under the provisions of articles 32, 34 paragraph 2, 44 paragraph 1, 46-50, 56 paragraph 2 as amended by article 13 of Law 3536/07 (minor children under 18 years of age), 60 paragraph 5, 61-63, 94, for Egyptian nationals entering or living in Greece, requesting a residence permit for work, the type of which is included in chapter A of paragraph 2 of article 9 Law 3386/05 as well as for those

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falling under the provisions of article 2 of the Presidential Decree 106/2007 and the provisions of article 10 of the Presidential Decree 101/2008.

1.8.5 Renewal of residence permit

• An application form in duplicate • Three (3) recent photographs in colour.• A true copy of a valid passport or travel document approved by our country, except for

the cases where there is an objective inability to acquire a passport, in which case instead of a passport or the relevant travel document a formal declaration of the person concerned shall be submitted in which the special reasons and the specific grounds based on which he/ she is objectively unable to hold a passport or relevant documents proving his/ her allegation regarding his/ her inability to hold a passport shall be presented.

Nevertheless, in any case, a public authority -whether Greek or of the country of origin of the third-country national- document shall be submitted by which the personal identity details of the person concerned shall be taken (passport, whether valid or not, identity card, birth certificate, certificate of family status, certificate of registration of birth).

• A certified copy of a previous residence permit when the residence permit is not attached on the presented passport.

• A fiscal stamp, i.e. a type B duplicate certificate from the competent for receiving the application authority, pursuant to provisions of paragraphs 1 and 2 article 92 Law 3386/05, when requested.

Fiscal stamps

Type of permit Cost in euroLong-term resident permit 600Ten year permit 900Dependent work permit 150 per yearIndependent financial activity permit 150 per yearPermit for studies 150 per yearFamily reunification of spouses 150 per yearFamily reunification of children born in Greece free of chargeMembers of the family of a person who is native of Greece free of chargeMembers of the family of a Greek citizen free of charge

Article 91 paragraph 2 Law 3386/2005- article 67 Law 3386/2005 – Presidential Decree 150/2006 (doc. 13431/18-6-2008 Ministry of Interior for 91 paragraph 2 Law 3386/2005)(reg. 47/2006 for long-term residents)

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1.8.6 Unlimited residence permits – Long-term residentsA third-country national holding a residence permit on the date of entry into force of Law 3386/2005, provided that he/ she has completed a continuous legal residence of ten years in the country, is entitled to receive a residence permit for ten years, notwithstanding the occurrence of reasons of public order or health. The above mentioned permit provides access to any financial activity allowed for third-country nationals and may be renewed for equal periods of time provided the applicant proves his/ her continuous residence in Greece, the interruption of which is not permitted to exceed two continuous years and he/ she has medical and hospital treatment coverage. For its renewal it is not required to pay a fiscal stamp.Protected members of the family of a holder of residence permit of ten years may acquire the said permit, provided only that they independently meet the requirements, otherwise they are regularized with family reunification residence permits (article 53 fol. Law 3386/2005).

The status of long-term resident is granted to a third-country national having lived in Greece legally and continuously for five years immediately before the date of submission of the relevant application, provided that:Α) He/ she has an annual income, sufficient for his/ her and his/ her family’s needs, which does not result from a claim to the public assistance system of the country. This income shall not be lower than the annual income of an unskilled worker, increased by 15% for every member of his/ her family supported by him/ her. (see article 4 paragraph 2 Presidential Decree 150/2006). Note: The sufficient income is different to the one which is taken into account as regards the right of family reunification and the rest of the provisions of Law 3386/2005 (Ministerial Decision 4415/17-3-2006 and article 5 Presidential Decree 132/2006).Β) He/ she has full health insurance for all the benefits covered by the corresponding categories of insured Greek citizens, which covers the member of his/ her family as well.C) He/ she has adequate knowledge of Greek language and knowledge of parts of Greek history and civilization (for this see article 68 Law 3386/2005 as replaced by article 16 Law 4018/2011).Note: Actually, for the time being an application for long-time resident permit may be submitted by persons having graduated from compulsory education schools etc. There are further special cases of holders of language titles. For the rest of the applicants the granting of a certificate of sufficient knowledge of parts of history and civilization following their participation in exams –which have not been specified- is provided.

There is a significant difference between the permit for ten years of article 91 paragraph 2 Law 3386/2005 and the long-term resident permit, which is that in the second case the right of residence and settlement in an other EU member state is included (article 13 and fol. and article 20 Presidential Decree 150/2006). Furthermore some provisions of the legislations (i.e. nationality, welfare benefits) reserve privileges only to holders of a long-term resident permit.

Dependant labour

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See chapter below required days of insurance coverage

Independent financial activity

The required sum of sufficient resources amounts to 60.000 euro. The entry visa is granted following an opinion issued by a committee of Decentralized Administration. The permit is limited within the prefecture where the activity takes place. For the renewal the investment of the sufficient resources for the pursuit of the activity is controlled (see mainly regulation 30/2007 for the implementation of Law 3536/2007).

1.8.7 Studies(article 28 and fol. Law 3386/2005 – Presidential Decree 101/2008)

The validity of the permit is annual and may be renewed every year. There is also a possibility of granting a permit for the total period of studies, with the obligation to present every two years a relevant certificate of school attendance. The sum of sufficient resources amounts to 500 euro per month (Ministerial Decision 4415/17-3-2006). Its total period of validity may be extended up to 100% of the time required for the completion of pre graduate studies and up to 50% of the time required for post graduate – doctorate studies, increased by one year, if Greek language learning was required. Holders of residence permit for studies may work only part-time, after he/ she has been granted a relevant approval by the Decentralized Administration which is issued once and is valid for unlimited period of time.Note: Ministerial Decision 13096/2007 GOG 1263Β/24-7-2007 which is of established validity provides the possibility of re-granting a residence permit to legal residents who are third-country nationals and have left the country in case of studies in a foreign university or for the fulfilment of their military service obligation in their country.

1.8.8 Family reunification(article 53 and fol. Law 3386/2005)Spouses / children up to 18 years old you are supported by a holder of residence permit may acquire a residence permit, provided that they already hold a residence permit or an entry visa for family reunification, under condition that the supporter is in possession of sufficient resources (Ministerial Decision 4415/17-3-2006) amounting to 8.500 annually, plus 20% for the wife and 15% for every child. If both spouses are legal then the increase by 15% is not required.Spouses and juvenile children of residence permit –allowing family reunification- holders may enter Greece only if they acquire a special visa for family reunification pursuant to the terms provided by law.If they are in Greece without holding a residence permit or a special entry visa, their only possibility of regularization of their residence is to be granted a permit for exceptional reasons, provided that they fulfil the relevant requirements. Acquiring the Greek nationality by juvenile children according to the provisions of Law 3838/2010, gives the right to change the residence permit purpose and be placed in the status of parents of juvenile Greek nationals (number 94 Law 3386/2005- doc. 19143/8-11-2011).

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(Article 40 paragraph 5 b Law 3731/2008 – reg. 15/2008)Children born in Greece are covered by the residence permit of their supporter until the day they reach their maturity or the submission of an application for residence permit granting. If this application is submitted two years after the child’s birth, then a fine must be paid.

A holder of residence permit for family reunification may work only after he/ she has been granted a work approval by the Decentralized Administration which is issued once and is valid for unlimited period of time.

Spouses five years after being granted a residence permit for family reunification, as well as in case of death of the supporter or in case of divorce and provided that there has been a three-year period of marital cohabitation, may acquire an independent residence permit. This permit is granted for one year and is renewed for one of the rest of the reasons of Law 3386/2005.

Children may acquire after they have reached maturity independent residence permits with period of validity of one year until they have reached their 21st year of age. After reaching the age limit, they may acquire a permit for any of the reasons provided in Law 3386/2005. In case the are granted a permit for study reasons, they may with the exception of general provisions, after they have completed their studies renew this permit for one of the reasons provided in Law 3386/2005.

Holders of independent residence permits have the right to access the work market without special approval.

References

Laws

3386/05, 3448/06, 3536/07, 3613/07, 3649/08, 3731/08, 3772/09, 3801/09, 3838/2010, 3846/2010, 3870/2010, 3875/2010, 3879/2010, 3900/2010, 3907/2011, 3938/2011, 4018/2011

Law 4052/12, integration of community directive regarding sanctions to employers employing illegal immigrants

Insured Days Required

Social Security Number of days of buyout Documentation

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Organism insurance coverage required per year

IKA (Social Security Institute)

120 (totally 240 in two years)

20% Certificate by the social security organism

ΟGΑ (Agricultural Insurance Organisation)

6 months NO Certificate of insurance awareness

ΟΑΕΕ (Self-Employed Insurance Organisation)

250 20% Certificate by the social security organism

If during the validity period of the residence permit the employer of the third-country national changes and the kind of his employment falls under a different social security organization, when his/ her residence permit is renewed in order for the period of time covered by insurance required to be established the total amount of days of insurance coverage by these organizations shall be taken into consideration.

In all the above mentioned cases, if third-country citizens have been employed for a shorter period of time during the validity period of the residence permit, they shall prove in a dully documented manner the reason why they have not worked during the said period of time. Indicatively:a) He/ she has been unemployed (certificate by OAED –Labour Employment Office- by which the period of time of unemployment regular benefit granting is proven or/and unemployment card officially authorized every month by the competent Authority of OAED).b) He/ she had been sick (medical report by Public Hospital for the period of his/ her being sick or medical report by the competent social security organization of the third-country national, in case that the person concerned has not been hospitalized).The above mentioned cases are indicative and in the reasons of the justified absence from work any other case may be included, provided that there is evidence, such as prevention from working for which he/ she is not responsible, witness to trial, pregnancy leave, post partum maternity leave, death of relative and suffering from serious disease, provisional detention -provided that he/ she is not liable- religious duties, unpaid leave, suspension of employment relation etc.Attention: The period of absence from Greece is not deducted as in the case of the previous ministerial decisions.The days of documented absence from work shall be deducted by the total amount of working days corresponding to the validity period of the third-country employee residence permit (300 working days per year and 600 working days per two years). Especially as far as the renewal of the residence permit of third-country nationals who are insured by IKA−ΕΤΑΜ is concerned, they must have completed at least 50 days of insurance coverage per year or 100 cumulatively per two years, regardless of the amount of days of documented absence from work they can justify.

Α. The minimum amount of days of insurance coverage or the minimum period of insurance coverage per year or per two years and per social security organization which third-country

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nationals must complete in order to meet the requirements for the renewal of their residence permits is defined as follows:1. For residence permit holders with validity of one (1) year insured by IKA, regardless of the kind of their employment, the minimum insurance coverage period is 120. Respectively, for the ones that hold a permit with validity of two (2) years the minimum period of insurance coverage shall be 240 days, cumulatively for the duration of the two years.

If a third-country national has completed a lower amount of working days, he/ she may buyout an amount of days of insurance coverage up to 20% of the amount required.

For the third-country nationals insured in ΟGΑ, the minimum period of insurance coverage required amounts to six (6) months per year. The possibility of buying out days of insurance coverage up to 20% of the amount required does not apply for the third-country nationals insured by ΟGΑ.

For holders of residence permit with validity of one (1) year insured by OAEE, regardless of the kind of their employment, the minimum insurance period is 250. Respectively, for the ones that hold a permit with validity of two (2) years the minimum period of insurance coverage shall be 500 days, cumulatively for the duration of the two years.

In case that third-country nationals hold residence permits falling under articles 17, 20, 21, 22 and 23 of Law 3386/05, a certificate by a social security organization for the provision of medical and hospital treatment coverage must be presented and the fulfilment of social security contribution is not required for the validity period of his/ her residence permit. In case they hold a residence permit falling under articles 18 and 19 of the same Law, the certificate of the medical treatment coverage is not required, provided that the migrant presents his/ her officially authorized sickness carnet or holds a European health insurance card or an other equal Community document.

Residence permit for dependent work renewal applications or residence permits with duration of ten years which have been submitted pursuant to previous provisions and are pending in the competent authorities of the Decentralized Administrations of the country, shall be examined pursuant to the provisions provided in this.

2. WORK STAMP DUTY

The work stamp duty is the only legal way that a person (Greek or alien) working for more than one employers may be paid.

For the immigrants this is the only way to ensure that they shall have the required stamps in order to renew the residence permit they hold.

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If they do not hold a residence permit requiring stamps for its renewal the work stamp duty is necessary in order for them to acquire a sickness carnet.

With the work stamp duty self insurance is abolished.

2.1 What work stamp duty isWork stamp duty is a special cheque corresponding to the sum agreed between the employer

and the employee as well as to the amount of the contribution to IKA. The work stamp duty is valid for four (4) months since its date of issue. When this period has

expired the Work Stamp Duty may not be cashed by the employee.

Employers You must inform your employer on your new way of payment (in case he/ she is not

aware).

The payment of the remuneration of the occasionally employed persons may take place in one of the following ways:

a) By issue of a special work stamp duty under the form of a cheque, or

b) Via bank accounts held by the employer and the employee

c) By deposit and collection of cash in banks –Post offices

d) Via money order of special type within the meaning of articles 1 and 4 paragraph 3 of Law 3862/2010

Most of the Banks have adopted the relevant procedures so that the employers are facilitated. This procedure may take place either by natural presence or through internet services or via telephone.

The employer may buy the work stamp duty in:

• Social Security Organisations• Banks• Post offices• KEP (Citizen Service Centers)

If your employer does not pay you via a work stamp duty, he/ she may have to pay a fine in case of control.

If he/ she pays you via work stamp duty 2/3 of the sum of money designated for your social security contributions is deducted by his/ her taxable income. The remaining 1/3 is deducted by your taxable income.

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2.2 How many stamps can you take with the work stamp duty

In order to calculate how many stamps you take with the work stamp duty you must do the following calculation:

For work stamp duty amounting to 400 €Unskilled worker minimum wage (U.W.M.W). 33.57 (31/12/2011)Insurance premium percentage (35.4%)

33.57 Χ 35.40% = 11.88 (fixed in any case)

400 Χ 20% = 80 € contributions to ΙΚΑ80 : 11.88 = 6.73 days6.73 Χ 2 = 13 days of insurance coverage (stamps)

To which moths work stamp duty corresponds

The work stamp duties shall correspond to days of insurance coverage within the trimester in which they are cashed. (1st trimester: January to March, 2nd trimester: April to June, 3rd

trimester: July to September, 4th trimester: October to December). Regardless of the sum of money which is collected an employee may have up to 90 stamps for every trimester.

Attention: IT IS IMPORTANT TO CASH THE WORK STAMP DUTY WITHIN THE TRIMESTER IT HAS BEEN ISSUED UP TO THE AMOUNT OF MONEY CORRESPONDING TO 90 STAMPS.

3. Sufficient Resources

Kind of permit Sum Certificate ObservationsIndependent

financial activity

60.000 Deposit to a bank account in

the name of the applicant in an

Following the granting of

the special entry visa, the

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accredited bank institution. aforementioned sum of

money must be deposited in

a corresponding institution

in the Greek territory.Studies (including

vocational training

and attendance to

free studies centers)

500

monthly

Bank account, bank money

order, scholarship or wage

receipt in case the student

works part time (at the date of

his/ her residence permit

renewal).Financially

independent

persons

2,000

monthly

A pension from abroad, a bank

account or certificates that

they are in possession of own

sufficient financial means -of

legal origin- for the coverage

of their living costs without

providing dependant work or

pursuing independent

financial activity.

In case they are entitled a

pension by a Greek

Organization of Main

Insurance, the renewal of their

residence permit is possible

regardless of the pension sum.

In case the above

mentioned third-country

national is also

accompanied by members

of his family, this amount

of money is increased by

20% for his wife and 15%

for every child.

Family

reunification

8,500 A remuneration statement by

the tax office or declaration of

income taxation of the last

financial year.

This sum is increased by

20% for the wife and by

15% for every child.

In case that both spouses

live legally in the Country,

the above mentioned

increase by 15% is not

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required for the

reunification of their

children. Members of the

family of a Greek

citizen or an EU

citizen (before

acquiring the right

of permanent

residence)

212

monthly

Pension (due to disability,

early pension or retirement

pension) or any other evidence

that they are in possession of

sufficient resources.

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4. Requisites & documentation for the acquisition of Greek nationality

4.1. Nationality Acquisition by birth in GreeceA child of third-country nationals born in Greece, that continues living in Greece, whose parents both have legally lived in the Country for at least five continuous years, acquires the Greek nationality by birth, provided that its parents submit a relevant common declaration and an application for the registration of their child in the municipal roll of the municipality where they permanently live, within three years after the child’s birth. In case of a later submission of a declaration and application the nationality is acquired upon their submission. If the child has been born before the completion of a five-year legal residence in the Country by both parents, the common declaration and registration application is submitted after the completion of the five-year continuous legal residence of the second parent as well, while the child acquires the Greek Nationality upon their submission.

4.1.1 Required documentation:- An application form for the submission of nationality request which can be found at

the Municipalities and on the website of the Ministry of the Interior (www.ypes.gr) στο http://www1.ypes.gr/el/Generalsecretariat_PopulationSC/diefthinsi_ithageneias/Entypa_aithsewn/

- An application and a declaration for the registration in the municipal roll of the Municipality of the permanent residence.

- Certificate of registration of birth in Greece- A true copy of the valid final title of legal residence in Greece (not certificates)- Certificates of the parents' legal residence period of time issued by competent

authorities (i.e. Decentralized Administrations, OAED, Greek Police or OAED) which show the continuous legal residence of the parents when the child was born for at least five years, either before or after the child’s birth

- A true copy of a valid passport or travel document approved by Greece- Certificate of permanent residence by the Municipality in the municipal roll of which

the registration is going to take place- A receipt certificate of the sum of 100 euro by the competent (pay) office of the local

Municipality

4.2 Nationality Acquisition by schooling in GreeceA third-country nationals child having successfully completed attendance in at least six classes of a Greek school in Greece and lives legally in the Country acquires the Greek Nationality upon the completion of the six-year period of schooling with a common declaration and an application for registration in the municipal roll or the municipality where it permanently lives which are submitted by its parents within three years after the completion of the said year. In case of a later submission of the declaration and the application and until the date of maturity of the child, the nationality can be acquired by submission of the relevant declaration and application.

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4.2.1 Required documentation:- An application form for the submission of nationality request which can be found at

the Municipalities and on the website of the Ministry of the Interior (www.ypes.gr) στο http://www1.ypes.gr/el/Generalsecretariat_PopulationSC/diefthinsi_ithageneias/Entypa_aithsewn/

- An application and a declaration for the registration in the municipal roll of the Municipality of the permanent residence.

- Birth certificate by the country of origin or certificate of registration of birth in Greece (if the above mentioned documents do not exist an other equivalent document by the competent authorities of the country of origin or a civil refugee recognition act or an act of placement in a subsidiary protection status or a “non-citizen” document is sufficient)

- A true copy of the valid final title of legal residence in Greece (not certificates)- A true copy of a valid passport or travel document approved by Greece- Certificate of permanent residence by the Municipality in the municipal roll of which

the registration is going to take place- Certificate of successful attendance to at least six classes of a Greek school by the

competent Regional Directorate of Primary and Secondary Education - A receipt certificate of the sum of 100 euro by the competent (pay) office of the local

Municipality

Provided that the declaration and the application of registration in the municipal roll has not been submitted jointly by the parents until the child’s coming of age, the child acquires the Greek Nationality by declaration an application of registration in the municipal roll that the child itself is entitled to submit to the municipality where it legally and permanently lives by virtue of a relevant valid legal title, within three years after it has completed its 18th year of age strictly.

4.3 Nationality Acquisition by naturalisationA third-country national wishing to become a Greek citizen by naturalization must:a. Be an adult at the time of submitting the naturalization declaration.b. have not been irrevocably sentenced for a crime committed deliberately, during the ten years preceding the naturalization application submission, to deprivation of liberty for at least one year or at least six months and regardless of the time the conviction was issued.c. not be under deportation procedure or other pending situation regarding his/ her legal residence status in the Country.d. live in Greece legally for seven continuous years before the naturalization application submission. As far as holders of an EU member state nationality, spouses of Greek citizens with children, persons having parental responsibility of a child having the Greek nationality, provided that it has not been acquired pursuant to article 1Α paragraph 2, recognized civil refugees and “non-citizens”, their previous legal residence in Greece for at least three continuous years is sufficient. For persons who are native of Greece and the ones who have

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been born and have lived continuously in Greece the requirement of seven year residence is not required.e. hold one of the following permanent residence titles:- residence permit provided in Law 3386/05- certificate or other residence permit granted to EU member state citizens,- document or other kind of residence title granted to members of a Greek citizen family or to members of an EU member state citizen family or to the parents of a minor Greek national, - recognized civil refugee document or subsidiary protection status or member of a family holding such a document, - travel documents or special document granted by a Greek authority, pursuant to the provisions of the New York International Convention, regarding the “non-citizen” status, - document or other kind of residence title for persons of Greek descent, except for the Special Identity Card of natives of Greece.

4.3.1 documentation:-Copy of the naturalization declaration which has taken place before the mayor of the Municipality where he/ she lives permanently in presence of two Greek citizens as witnesses- Copy of passport, travel document or other certificate of identification- One of the aforementioned legal residence titles which is valid - Birth certificate or other equivalent certificate provided in the legislation of the Country of the original nationality. If the third-party national is entitled to international protection as civil refugee or has been placed in subsidiary protection status or is a “non-citizen” and is not able to present a birth certificate, the act of his/ her recognition as a civil refugee, placement in subsidiary protection status or the relevant "non-citizen" document respectively shall be sufficient. If the third-country national has been born in Greece, the certificate of registration of birth is sufficient.- A remuneration statement by the tax office or copy of a declaration of income taxation of the last financial year.- Social security registration number (Α.Μ.Κ.Α.).-A seven hundred (700) euro fiscal stamp. The fiscal stamp due for the re-submission of a naturalization application is reduced to two hundred (200) euro. Natives of Greece, holders of the nationality of a European Union member state and recognized civil refugees and “non-citizens” must pay each time they apply an one hundred (100) euro fiscal stamp.

If one had already completed 5 years of legal residence when the Law on nationality was published he/ she can submit an application with any valid residence title (not a certificate)

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