Information on Law 3386/2005 on Residence Permits
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New Greek immigration law explained
The rules of the residence game have changed for all non-European Union immigrants living and working in Greece
KATHY TZILIVAKIS
HUNDREDS of thousands of immigrants living and working in Greece are now playing by a new set of residence rules outlined in immigration law 3386/2005, which came into force at the stroke of midnight on January 1, 2006.
We take a look at the new law and provide answers to the questions immigrants are asking.
Firstly, law 3386/2005 applies only to non-EU nationals who are already living, working or studying in Greece and to would-be immigrants who wish to enter the country to live, work or study.
Secondly, the new law replaces legislation (2910/2001) passed by the former Pasok government nearly five years ago.
Below is an outline of some of the most important features of the new legislation. The information is based on the law and on an 80-page circular issued by Deputy Interior Minister Athanassios Nakos last week.
The application procedure for the issue and renewal of residence permits
Immigrants submit their application to their local municipality. For the renewal of a residence permit, they should apply two months before it expires.
The application is accompanied by the following documents:
* Three colour (passport-size) photographs
* A photocopy of the applicant's valid passport or other travel document
* An application fee (the amount ranges between 150 and 900 euros, depending on the type and duration of the residence permit). Immigrants exempt from paying the fee include those who are enrolled at schools of the armed forces, public security forces or merchant marine academies; recipients of special state scholarships; those seeking residence on humanitarian grounds (ie victims of work-related accidents, victims of crime, minors in the custody of the state); victims of human trafficking and family members of Greek or other EU citizens.
* A health certificate issued by a public hospital stating that he/she does not suffer from a contagious disease as defined by the World Health Organisation. It is not required for the renewal of a residence permit.
* A certified photocopy of his/her residence permit that is about to expire
Immigrant salary workers/employees must also submit
* A certified photocopy of their work contract signed by their employer. The contract must indicate the duration of the immigrant's employment and confirm that the immigrant worker's salary is at least equal to the national minimum wage
* A document verifying that the worker has applied for (if it is his/her first time applying for a permit) or is registered (in the case of renewal) with the social insurance foundation (IKA) and has medical and pharmaceutical coverage
* The law also says the applicant must fulfil a "minimum number" of day's worth of social insurance stamps (ensima), but the exact number has yet to be set by the government. It will be announced in the coming days. Officials at the ministries of interior and labour say the minimum number of ensima will probably be set at about 150 days' worth per calendar year.
* Those who are renewing their permit must also prove they do not owe money in taxes
To renew their residence permit (for two years each time) self-employed immigrants must submit
* Proof they still have the same business and that the business is still in the same prefecture (nomarhia)
* Proof they do not owe money in taxes and social insurance
Note: Under law 3386/2005, immigrants who wish to come to Greece to set up their own business may do so only if they have at least 60,000 euros deposited in a personal account in a bank in Greece and if their business "contributes to the development of the national economy".
According to Article 26 of the new law, immigrants who wish to invest in Greece may apply for a residence permit at their local Greek consulate. The investment, however, must be at least 300,000 euros.
Meanwhile, immigrants who are financially independent have the right to reside in Greece under Article 36. To do so, they must obtain a special visa from their local Greek consulate. Once in Greece, they will be eligible for a one-year duration residence permit, provided they can prove they have sufficient resources (a stable source of income) to cover their cost of living. This residence permit can be renewed annually.
Family reunification: how immigrants can bring their spouse and children to Greece
Article 53 of the new law outlines the conditions for family reunification. It states that immigrants who legally reside in Greece for at least two years have the right to apply for the entry and residence of their family members.
To do so, they must meet three conditions:
1) family ties
2) Family members will live with them and will have medical coverage
3) Stable and regular income, sufficient to cover the needs of their family. The law explicitly states that this income "cannot be less than the annual income of an unskilled worker, increased by 20 percent for the spouse and 15 percent for each minor child". If, however, both parents reside legally in Greece, the above increase by 15 percent for each child is not required.
The definition of "family" under the law is as follows:
* Spouse over age 18
* Single children under age 18 (including legally adopted children)
* In the event of a polygamous marriage, where the immigrant has a spouse in Greece, family reunification is not permitted
The application for family reunification is submitted to the local municipality. If the application is approved, family members enter Greece with a special visa. Once in Greece, they must apply for a residence permit before this visa expires. The residence permit will be valid for one year and can be renewed for two years.
The family members have the right to education and employment (salaried employment or self-employment).
According to Article 60, family members are eligible for an "independent" residence permit, which is not linked to the spouse or parent (sponsor) who had brought them to Greece. This independent residence permit may be issued in the following cases:
* After five years from the issue of the initial residence permit for family reunification
* Upon becoming an adult (in the case of the sponsor's children)
* Sponsor's death (if the family members have resided in Greece for at least one year)
* Divorce or separation if the marriage has lasted at least three years of which one year has been spent in Greece or if the family member is a victim of domestic violence
Residence permits for family of Greek citizens or other European Union nationals
According to Article 61 of the law, the spouses and children of Greeks or other EU nationals residing in Greece are eligible for a five-year-duration residence permit. They also have the right to work.
Applications for a residence permit are submitted to the local municipality within three months from the date of the family member's arrival to Greece. He/she must hold a valid passport and "confirm in writing his/her family relation with the Greek national or the national of another EU member state". A health certificate is not mandatory, but may be requested "if there are relevant serious indications... to certify the fact that he/she is not affected by any [contagious] disease".
The spouse and children of a Greek or other EU national are personally eligible for residence, according to Article 62, if:
* the Greek or EU national dies and the family members have resided in Greece for at least one year
* a divorce is issued and the marriage had lasted for at least three years, one of which in Greece and the custody of the children has been awarded by the courts to the non-EU immigrant spouse
* the family member was a victim of domestic violence during the marriage
According to Article 63, the family members are eligible for permanent residence after five years of continuous residence in Greece.
Longterm resident status
Article 67 outlines five conditions for the acquisition of longterm resident status (a five-year-duration renewable permit that is recognised across the EU). To be eligible, the immigrant must be over age 18 and have resided legally in Greece for at least five years. He/she should possess "stable and regular resources", medical insurance and a home that "meets the required specifications for hygiene".
He/she must also show fluency in the Greek language and knowledge of Greek history and culture. They must also display high moral standards and a strong character. The government has not yet announced exactly how officials will determine the above criteria. Interior ministry officials say that immigrants will likely sit a special test administered by the education ministry to examine fluency in the language and knowledge of history and culture. A personal interview will be used to assess the immigrant's personality.
Note: Periods of absence may be taken into account for the calculation of the five-year period, provided they do not exceed six successive months and in total a period of ten months. The years spent in Greece as a student or in a vocational training programme do not count.
Know your rights and duties
The country's new immigration law outlines the rights and obligations ofimmigrants living and working in Greece
KATHY TZILIVAKIS
THE RIGHTS and responsibilities of all non-European Union immigrants living and working in Greece are outlined in the new immigration law 3386/2005, which came into force on New Year's Day.
Knowing your rights and obligations under the law may help you sort out a problem before it gets out of hand. Below is a summary of some of the most important provisions outlined in the new law.
Article 71: Rights
* Immigrants in Greece are insured by social insurance foundations and enjoy the same rights as Greek citizens
* Immigrant detainees must be properly informed about their rights and obligations in a language they understand
* An immigrant who legally resides in Greece and who leaves the country may re-enter if his/her residence permit is still valid
Article 72: Access of third-country [non-EU] underage nationals to education
* Immigrant children are subject to the same obligatory school attendance as Greek children
* They have, without restriction, access to school or educational community activities
* To enrol in public school, they must submit the same documents required from all Greek children, except if they are refugees, asylum-seekers or if their parent or legal guardian's legal residence status is still pending
* The education minister may arrange for the teaching of their native language and culture within the public school system if there are "enough students interested"
* Immigrant children who have completed secondary school in Greece have access to university under the same terms and conditions as Greek citizens
Article 73: Obligations
* Immigrants are required to "personally" submit their application for the issue and renewal of their residence permit. The submission of any document through a bailiff or by fax is not permitted
* Immigrants are obliged to declare to the competent immigration authorities (at their local municipality) the following personal details: a change in address; a change in personal status (nationality, marriage and divorce); loss or renewal or change of their passport or any other travel document; loss of their residence permit; and change of employer or type of employment
Note: Immigrants have one month after the relevant incident by which to declare the information to the authorities. The police should also be informed of a change in address
* Immigrants must leave the country without any notice from the authorities before the last day of their residence permit's expiration, except if they have submitted an application to renew it
* Immigrants whose application for the issue or renewal of a residence permit has not been approved are also obliged to leave the country without any further notice
* Immigrants who have remained in the country for up to 30 days after the expiration of their residence permit or visa are obliged to leave the country and upon departure pay "an amount of money four times higher than the deposit required for a residence permit of annual duration". This is 600 euros. If they overstayed in Greece by more than 30 days, they will be required to pay eight times the amount (1,200 euros). Immigrant minors do not have to pay a fine.
Article 74: Restrictions to movement and settlement
Immigrants residing in Greece legally may freely move and settle throughout the country. However, residence in specific geographical areas (such as certain border areas) may be prohibited
Article 75: Specific regulations
A residence permit will not be issued or renewed and can be withdrawn if the conditions outlined in this law are not, or no longer, fulfilled; if a court finds that immigrants provided misleading information or false and/or falsified documents
Article 76: Conditions and procedure of administrative expulsion
* An administrative expulsion (deportation) is permitted if:
a) He/she has been sentenced to imprisonment of one year, or regardless of the sentence, has been convicted of a serious crime (drug trafficking, international economic crimes, crimes through the use of high technology, currency crimes, kidnapping of minors, rape, prostitution, theft, fraud, economic crimes, blackmail, forgery, false certification, libelling, smuggling, gun trading, human smuggling)
b) He/she has violated the provisions of this law
c) His/her presence in Greece is a danger for public order and/or public health
* The expulsion is ordered upon decision of the local police head or senior officer responsible for immigration issues
* Immigrants who are considered suspect for escape or a danger to public order may be temporarily detained (up to three months) until expulsion. They must be duly informed of the reasons for their detention in a language they understand and they must not be denied access to a lawyer. They also have the right to "express objections against the decision for [their] detention before a local first-instance court"
Article 77: Appeal against administrative expulsion
Immigrants have the right to appeal expulsion within five days from its announcement. The public order minister then has three weekdays to answer the appeal
Article 78: Reprieve of expulsion
If it is not possible to deport the immigrant for reasons of force majeure, the public order minister has the right to reprieve the expulsion. The minister may also decide to impose certain restrictions on the immigrant
Article 79: Protection of expulsion
Expulsion is prohibited in the following cases:
* immigrant minors whose parent or legal guardian resides legally in Greece
* immigrants who are parents of a minor child who has Greek citizenship
* immigrant over age 80
* refugees and asylum-seekers
* pregnant immigrants during their pregnancy and six months after giving birth
Article 80: Expulsion expenses
* Expulsion expenses burden the immigrant. The state will cover these costs if he/she does not have the necessary funds
* The employer of an undocumented migrant will cover the expulsion expenses
Article 81: detention
The immigrant awaiting deportation is detained on "some special premises, which are founded upon decision of the ministers of interior, economy, health and public order"
Article 82: Undesirable foreigners
* The public order ministry keeps a record of so-called undesirable foreigners. The decision to include or remove an immigrant's name from this list is up to the ministers of interior, foreign affairs, defence, justice and public order
* Immigrants must leave the country once their name is put on this list. If they do not, they will be expelled
* Immigrants who are not allowed to enter the country because their name is on this list will be returned to their country of origin or to another country outside the EU
* Immigrants whose name is on the list and who illegally enter the country are subject to three months' imprisonment and a fine ranging between 3,000 and 10,000 euros
Article 83: Illegal entry and exit
* An immigrant who leaves or attempts to leave the country or enters or attempts to enter the country without following legal formalities is subject to at least three months' imprisonment and a fine of at least 1,500 euros. If the person who attempts to leave the country is wanted by police or owes money in taxes, he/she will be subject to at least six months' imprisonment and a fine of at least 3,000 euros
Article 84: Obligations of services and employees - sanctions
* Public services, organisations, agencies, local government agencies, institutions and public utility companies, as well as social insurance foundations are not allowed to provide any services to immigrants who do not hold a passport or other travel documents, a visa or a residence permit or generally cannot prove they lawfully entered the country or reside here legally. Hospitals, health centres and clinics are excluded in cases when immigrants need to be hospitalised or in the case of minors
* Prison and detention facility officials are obliged to hold on to the immigrant detainee's passport and/or residence permit. These documents are returned upon his/her release
Article 85: Obligations of notaries public - sanctions
* Notaries are obliged to request to make sure the immigrant holds a visa or a residence permit
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In a flat and on the job
Greece's new immigration law targets landlords, employers and lorry drivers
KATHY TZILIVAKIS
Anyone who employs an immigrant is required to immediately inform the competent service for foreigners and immigration of the region (periferia), according to law 3386/2005
AT THE HEART of the country's new immigration law is a simple, albeit controversial, theory: undocumented (illegal) immigrants will leave if no one hires them.
Under the new law, employers could be fined as much as 15,000 euros per unregistered migrant worker.
A similar employer-verification scheme was enacted by the former socialist Pasok government in 2001. Officials, however, say that "very few" Greek employers were threatened with sanctions for hiring undocumented immigrants. This is something the current New Democracy government wants to change.
Meanwhile, the General Confederation of Workers in Greece (GSEE) - the country's biggest trade union, has long been calling on the government to crack down on ruthless employers who prefer to hire undocumented migrants so as to avoid paying social insurance and legal wages. According to local immigrant community leaders, there is also a very large number of immigrants who cannot legalise their status because their employer refuses to insure them.
Below is a summary of some of the most important provisions in the new law affecting employers, property-owners, hotel managers and transporters.
Article 86: Obligations of employers of third-country (non-EU) nationals
* It is not permitted to employ an immigrant who does not hold a residence permit
* Anyone who employs an immigrant is required to immediately inform the competent service for foreigners and immigration of the region (periferia). Authorities must also be informed if his/her employment status changes such as if and when the work contract is terminated
* Any employer who violates the above regulations may be fined between 3,000 and 15,000 euros for each illegally employed immigrant. The employer may also face a prison sentence of at least three months
Article 87: Obligations of other individuals
* It is prohibited to rent a home to any immigrant who does not hold a passport or other international travel documents or a visa or a residence permit. If one does, he/she will be fined up to 3,000 euros
* The managers of hotels and holiday centres are required to notify the police and the competent authorities about the arrival and departure of the non-EU nationals they host (Note: it is unclear how this can be implemented). If they do not notify the police, they will be subject to a fine between 1,500 and 3,000 euros
* Anyone who facilitates the entry or departure from Greece of an immigrant without passing the required border controls and checks will be fined up to 3,000 euros and at least six months in prison
* Anyone who facilitates the illegal residence of an undocumented migrant may be sentenced to at least six months in prison and a fine of at least 3,000 euros
* Anyone who has unlawfully confiscated another person's passport or other travel document is subject to at least six months in prison and a fine of at least 3,000 euros. The same applies to anyone who is caught using a fake passport or other travel document
* The manager of a travel agency or anyone else who submits, on behalf of another person, documentary evidence for the issue of a travel document that contains information/personal details that do not correspond to the identity of the person in question, is subject to at least six months in prison and a fine of at least 6,000 euros
Article 88: Obligations of transporters
* Captains, pilots and drivers of all kinds of transportation vehicles who try to smuggle an undocumented immigrant into the country face more than one year in prison and a fine between 5,000 and 20,000 euros for each person. He/she will face more than two years in prison and a fine up to 50,000 euros if it is proven that he/she smuggles immigrant(s) for money or if he/she is a civil servant. He/she will be subject to life imprisonment and a fine of at least 500,000 euros if the transportation led to a person's death
* Airlines, shipping companies and travel agencies are required to deny transportation and prevent the transfer of non-EU nationals who do not hold a valid passport and other necessary travel documents. If they do not, they will be fined up to 30,000 euros for each person transported
ATHENS NEWS , 20/01/2006, page: A15
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New legalisation deadline
The interior ministry, responsible for the ongoing legalisation ofundocumented migrants in Greece, has announced that the cutoff date for new applications is now February 28, 2006
KATHY TZILIVAKIS Athens News, January 6, 2006
COMBINE the infamous Greek bureaucracy with a convoluted application procedure, language barriers and a severe lack of information - and the result is always catastrophic. This is what the government is up against trying to legalise the status of hundreds of thousands of undocumented migrants living and working in Greece. This is why Interior Minister Prokopis Pavlopoulos postponed the December 30 deadline until February 28.
The minister signed the ministerial circular announcing the new application deadline on December 27. The one-page document, which is on its way to all municipalities and prefectures nationwide, says that undocumented migrants seeking to legalise their status under Article 91 (paragraphs 10 and 11) of the new immigration law 3386/2005 now have until the end of February to submit their application. This gives applicants 42 more weekdays to prepare.
The deadline has already been postponed once, from October 31 to December 30, for once-legal migrants (Article 91, paragraph 11) - those who had been issued a residence and/or work permit at least once, but never managed to renew it. The year-end deadline coincided with that set for migrants who have never before applied for a residence permit in Greece (Article 91, paragraph 10).
One reason for the new end-February deadline, as previously reported by the Athens News, is turnout. It's very low. So low that the government last month swept to crack open the door to a group of undocumented migrants who could not meet existing application requirements; namely, those who were issued a visa by a Greek embassy abroad before 31 December 2004 but did not travel directly to Greece. They entered via another European country and thus do not have a stamp in their passport indicating they actually entered Greece.
Another reason for the new February 28 deadline is that public hospitals especially in Athens - home to the majority of migrants - cannot issue health certificates to so many migrants in time for them to submit their application by the end of this year. A health certificate stating the applicant does not suffer from a contagious disease is a prerequisite for the issuing of the coveted residence permit. A survey conducted by this newspaper in October found that most hospitals in Athens were already booked solid until the end of the year.
Not only is this massive backlog at hospitals frustrating for undocumented migrants hoping to secure a legal status, but it is also giving rise to corruption. Last month, police arrested one doctor at the Attiko Hospital in the western Athens suburb of Haidari who is accused of receiving more than 14,000 euros in bribes for hundreds of bogus health certificates.
Since coming to power in March 2004, the New Democracy government has prided itself on how well it will manage migration, kick-starting its ambitious overhaul of existing policy by launching the country's third nationwide legalisation of undocumented migrants. The ruling politicians said they would not repeat the mistakes made by their socialist Pasok predecessors. However, the announcement that the December 30 legalisation deadline has been extended is a sign that not much has changed.
In related news, the interior ministry has finalised an 80-page circular outlining the new application process for the renewal of residence permits in 2006 when the new immigration law 3386/2005 officially comes into force. However, officials are still hammering out the final details such as the number of ensima that will be required.
ATHENS NEWS , 06/01/2006, page: A15
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The ensima 'crapshoot'
Immigrants wishing to renew their residence permit will need up to 200 days' worth of social insurance, says a new government circular
KATHY TZILIVAKIS Athens News, January 13, 2006
THE GOOD news is that the government fixed the minimum number of days' worth of social insurance stamps (ensima) that non-European Union immigrants in Greece need to renew their residence permit, putting an end to years of confusion that allowed civil servants to demand anywhere between 180 and 300 ensima. The bad news is that the government may have set the new ensima bar too high.
The social insurance requirement has always been a throbbing headache, especially for migrants whose employers refuse to insure them.
The new ensima regulation is signed by Interior Minister Athanassios Nakos, Economy Minister George Alogoskoufis and Labour Minister Panagiotis Panayotopoulos. It says that when it comes time to renew the residence permit, immigrant workers insured with IKA (the country's biggest social insurance foundation) need at least 200 days' worth of ensima per year. Immigrants who are insured with the OGA (the farmer's pension fund) need to prove legal employment and social insurance contributions for 150 days or more.
Immigrants who are insured with IKA, but who have more than one employer, also need at least 150 days of social insurance coverage to renew their residence permit. Such is the case for construction workers, domestic workers, caregivers for the elderly and baby-sitters).
However, immigrants who are members of the board, directors or managers of a company in Greece have only to prove they are registered with a social insurance foundation and have medical insurance and pharmaceutical coverage. The same applies for athletes and trainers, as well as members of artistic groups and foreign archaeological schools.
"What a double standard!" says George Alevizakis of the General Confederation of Workers in Greece (GSEE), which represents more than two million workers nationwide. "It's a scandal. They are asking cleaning ladies to come up with 150 ensima and others struggling to make ends meet with 200 ensima, but nothing from those who are more privileged in society... All they need is something like 50 ensima to get a health booklet."
The social insurance requirement has always been vital for the renewal of residence permits. However, when Greece launched its first-ever legalisation of undocumented migrants in 1998, the renewal of the so-called Green Card (a temporary-duration work and residence permit that has since been phased out) required a minimum 150 days' worth of ensima. According to local immigrant community leaders, this is one of the main reasons why thousands did not manage to renew their permit. Many still struggle with employers who refuse to insure them or do so on a part-time basis even though the employment is full-time.
According to research published by Martin Baldwin-Edwards, co-director of the Mediterranean Migration Observatory (MMO) at Panteio University in Athens, even most Greek citizens would have a difficult time meeting the ensima requirements for the renewal of residence permits. He found that the majority of Greek construction workers manage to gather fewer than 180 days' worth of ensima.
"Detailed analysis of the number of social insurance contributions, for Greeks and immigrants, shows that even Greeks are unable to satisfy the requirements which are demanded of immigrants for work permits," said Baldwin-Edwards in a report to the European Population Forum in 2004.
As regards the ongoing legalisation of undocumented migrants, Alevizakis, who is GSEE's general secretary for immigration, says he knows very many people who should be allowed to apply for a residence permit but do not meet the requirements. "There is one Albanian family who has been living in Greece for more than three years," he says. "Their child is enrolled at public school here and Greece is the only home she knows. However, under the current rules they could be deported... GSEE has long been calling on the government to make the application requirements more flexible so as to include a greater number of immigrants," added Alevizakis, who is planning to discuss the matter with local immigrant community leaders next week.
In the field and on the board
Seasonal workers can stay for up to six months per calendar year, while priests and ministers of known religions are eligible for one-and two-year-duration residence permits, as are persons serving on a board of directors and other high-level staff employed by companies and firms in Greece
KATHY TZILIVAKIS
GREECE'S new immigration law 3386/2005 outlines the procedure that non-European Union nationals must follow when seeking to work as seasonal workers and directors of the board at large corporations. The law also explains how the adult children of diplomats and those who wish to invest in the country can apply for a residence permit.
These are special cases. Below is a brief summary of what the law entails.
Article 16: Seasonal workers
* A non-European Union national may come to Greece as a seasonal worker, provided his/her employment does not exceed six months per calendar year. The type of work must also be of a seasonal nature (farming) and linked to a specific employer.
* An employer who wants to employ a non-EU national for seasonal work and in order for the relevant visa to be issued is required to submit an application to the local municipality. The final decision is taken by the local regional general secretary (periferiarhi). The employer must submit a "letter of guarantee" issued by a bank, stating that the amount to cover the income of an unskilled worker for one month has been deposited. This money is returned to the employer after the expiration of the residence permit and worker's departure from Greece.
Article 17: Members of boards of directors, managers and company staff
The following non-EU nationals are allowed to enter the country after having obtained a special visa:
* Members of boards of directors, managers and executives (general directors, managers and assistant managers) of subsidiary companies and branches of foreign companies that have a legal commercial activity in Greece
* Foreign personnel that is solely employed in companies that fall under the provisions of Law 89/1967, Law 378/1968 and Article 25 of Law 27/1975, as amended by Article 4 of Law 2234/1994, as well as companies that fall under Presidential Decree 2687/ 1953
* Technicians employed in industries or mines under the conditions provided in Law 448/1968
Residence permits for employment purposes are issued for a period up to one year and can be renewed every two years. The non-EU national can be accompanied by his/her family members (spouse and children)
Article 18: Non-EU nationals who are relocated to Greece by a company established in another country in the EU or European Economic Area
This non-EU national is eligible for a residence permit, provided he/she meets the following conditions:
* has received a special visa, if he/she will be staying in Greece for more than three months
* is a legal resident of the other EU or EEA country
* verifies he is indeed legally employed by the company in the other EU or EEA country and that the company will cover the worker's living expenses and medical costs
The application for the residence permit is submitted to the local municipality. He/she can be accompanied by family members (spouse and children)
Article 24: Independent financial activity
Non-EU nationals may come to Greece to exercise independent financial activity, provided they fulfil the following conditions:
* At least 60,000 euros deposited in a personal bank account. Once in Greece, the money must be deposited in a bank in Greece
* This independent financial activity must contribute to the development of the national economy
* He/she has been issued a special visa to enter the country
Note: The application for a residence permit is submitted to the Greek consulate in the applicant's country of residence. The application is accompanied by a "feasibility study" about the independent financial activity. All the documents are forwarded to Greece where officials examine the application.
If the application is approved, the consulate issues a special visa. If it is rejected, the applicant may submit a new application within a period of one year.
Article 26: Investment activity
A non-EU national may apply for a residence permit if he/she wishes to make an investment of 300,000 euros or more and if this investment will contribute to the national economy.
The application for a residence permit is submitted to the Greek consulate in his/her country of residence. The application is forwarded to the finance ministry (directorate of foreign capitals, department of monitoring of foreign direct investments) in Greece. Officials here have twenty days to examine it and forward it to the interior minister, who decides whether to approve or reject the application.
If the interior minister approves the application, the Greek consulate issues the applicant a special visa to enter the country. If it is rejected, the applicant may apply again after one year.
If the application is approved, the investor is required to inform the finance ministry's department of monitoring of foreign direct investments about the "realisation" of his/her investment as well as the annual progress. If after a year it is found either that the investment has not been made or that little progress has been made, the finance minister may recommend that the interior ministry withdraw the investor's residence permit.
Article 37: Adult children of diplomatic employees and non-EU nationals who render services as staff or servants of diplomatic delegations
The adult children of foreign (non-EU) diplomats in Greece are eligible for a residence permit that is valid for a duration that is equal to their parent's appointment. This permit does not give them the right to work in Greece.
As regards non-EU nationals who live abroad and who are invited to Greece in order to work as "private servants" for members of diplomatic delegations, the decision to issue a residence permit is up to the local regional general secretary (periferiarhi). The duration of the residence permit will be equal to the duration of their employment with the diplomatic delegation member
Article 39: Ministers of known religions
Priests, clerics, nuns and other ministers of known religions who are not EU nationals are eligible for a one-year-duration residence permit that can be renewed for two years, provided they entered the country with a special visa.
This special visa is issued by Greek consulates abroad. The minister may be accompanied by his/her family (spouse, children)
ATHENS NEWS , 27/01/2006
Lessons for longterm immigrants
Immigrants will have to sit through 125 hours of formal instruction in Greek language and culture before they even think of getting the new European Union-wide long-term residence permit
KATHY TZILIVAKIS
To get European Union-wide longterm resident status immigrants need to complete 100 hours of Greek language learning instruction and additional 25 hours of instruction in Greek culture
THERE is no better proof of integration than fluency in the native language. This is the thinking behind new mandatory lessons for all non-European Union immigrants in Greece wishing to trade in their temporary residence permit with a permanent one.
According to a new presidential decree, immigrants who want to apply for the new European Union-wide longterm resident status - a residence permit renewed (almost) automatically every five years, first need to take a Greek language and culture class and pass an exam offered at special schools administered by the education ministry.
The 23-page decree, drafted by officials at the interior ministry, outlines the application requirements and procedure that all eligible non-EU nationals must follow to secure the longterm resident status. Failing to grant it would have prompted the European Commission to initiate infringement procedures against Greece.
The New Democracy government is already three months behind schedule. The deadline for implementation was January 23.
Under the new longterm resident status, which was unanimously backed by all EU member states in November 2003, third-country (non-EU) nationals are entitled to five-year-duration residence and work permits after having lived in an EU country for at least five years. This new status is based on EU directive (2003/109/EC).
Immigrants in Greece are counting on this new European status - a one-way ticket out of the insecurity and the bureaucracy involved in renewing temporary residence permits every one or two years. As many as a quarter of a million people are eligible for this new status in Greece, according to a recent interview with interior ministry general secretary Athanassios Vezyrgiannis.
"We are certainly talking about hundreds of thousands of people," he told the Athens News in February.
Immigrant readers' questions concerning the application procedure and requirements are answered below. The information is based on the new presidential decree and many months of talks with officials at the interior ministry.
What is this new longterm residence status?
This status is based on a 2003 EU directive aimed at harmonising legislation in all member states to ensure equal treatment of longterm immigrants. Under EU law, those who secure this status will enjoy equal treatment with nationals as regards:
* access to paid and unpaid employment, conditions of employment and working conditions (working hours, health and safety standards, holiday entitlements, remuneration and dismissal)
* education and vocational training, recognition of qualifications
* welfare benefits (family allowances, retirement pensions etc.) and sickness insurance
* social assistance (minimum income support or retirement pensions, free health care etc.)
* social benefits, tax relief, access to goods and services; freedom of association and union membership; freedom to represent a union or association
* free access to the entire territory of the member state
Those with the longterm resident status also enjoy "enhanced protection" against expulsion. This means they may only be expelled from the member state if they pose a "serious threat" to public order or domestic security that affects a fundamental interest of society. Such decisions may not be founded on economic considerations.
A long-term resident and his/her family also have the right (under certain conditions) to live and work in another member state than the one that granted him/her the status. The second Member State may refuse applications for residence only where there is an actual threat to public policy, public security or public health.
Who can apply?
All non-EU nationals over the age of 18 who have resided legally in Greece for five or more years are eligible to apply.
Immigrants in Greece for study or vocational training purposes, however, are not eligible. Those who remained outside Greece for more than 10 months during the five-year period will also not be eligible. The same applies for asylum-seekers and refugees.
How do I apply?
The application is submitted at the local municipality. The application requirements include
1. A photocopy of your passport or other valid travel document
2. A photocopy of your valid residence permit
3. Photocopies of your income tax returns for the past two years. Your annual income must be at least 8,500 euros, plus 15 percent (or 1,275 euros) for each dependent family member (spouse and/or child). This means that if you are married with child, your income must be at least 11,050 euros.
4. A document issued by the tax office stating that you do not owe any unpaid taxes
5. A document issued by your social insurance fund stating that you have full medical and hospital coverage
6. A document issued by your social insurance fund stating that you do not have any unpaid insurance fees
7. A photocopy of your rental contract (certified by the tax office) or the title deed of your home
8. Proof of "sufficient" knowledge in the Greek language and Greek history and culture. You are required to submit a certificate issued by the education ministry's General Secretariat of Adult Education. You must complete 100 hours of Greek language learning instruction and an additional 25 hours of instruction in Greek history and culture. The certificate is issued upon passing an examination at the end of the programme.
9. A 900-euro application fee
10. Three colour passport-size photographs
Are the language courses free?
Yes, the courses are free.
How long will it take to complete the 100 hours of language and the 25 hours of culture lessons?
This depends on the applicant's schedule. Classes are offered weekday mornings and evenings. It usually takes about three months to complete 100 hours (three-hour lessons three times a week).
Immigrants seeking to apply for the longterm resident status will need to complete level four (of four) courses. This is the highest level.
Is the 900-euro application fee returned if the application is rejected?
No.
How long will it take officials to review my application?
Officials have up to six months from the date the application is submitted to either approve or reject it. They may delay a decision by three months, but only under extraordinary circumstances.
What are the reasons for officials to reject an application?
The application for the longterm resident status may be rejected if officials deem that the applicant is a threat to public order and security. That is why authorities at the interior ministry cross-check all applicants with the public order ministry's criminal records.
How soon can I apply?
The presidential decree comes into effect as soon as it is published in the Government Gazette, which will probably be before the end of this month. According to immigration law 3386/2005, you will be able to start applying as of September 2006 (five years from the 2001 nationwide legalisation of undocumented migrants).
In practice, however, it will take much longer before immigrants are eligible to apply. This is mainly because the 125 hours of formal instruction required will probably take between three and six months to complete.
Can I renew the longterm resident status?
Yes, the five-year-duration permit can be renewed for another five years provided that you submit an application to do so. Application requirements include a photocopy of your passport or other valid travel document and a photocopy of your residence permit. You must also submit three colour passport-size photographs.
This time, officials have only 15 days by which to review the application.
Note: the expiration of the five-year-duration longterm residence permit is not a reason for expulsion or for this special status to be withdrawn
Can authorities decide to take the longterm resident status away from me?
Yes, authorities have the right to withdraw this status under the following conditions:
* you are expelled from the country
* you lived continuously outside the EU for 12 months or more
* you lived continuously outside Greece for six months or more
* you are deemed a threat to public order or security
* you have acquired the longterm resident status in another EU member state
Note: Immigrants who lost their longterm resident status because they lived outside the EU for more than 12 months or because they had secured the same status in another EU member state may apply to get it back. The application procedure is similar to the procedure for the initial permit except for the application fee which is only 450 euros.
Can longterm residents in other EU member states move to Greece?
Yes, provided they can demonstrate the reason why they wish to live in Greece. For instance, workers must submit a work contract. Students must submit proof of enrolment at a school here. Financially-independent people (like pensioners and the well-to-do) must demonstrate that they can financially support themselves without having to work.
ATHENS NEWS , 24/03/2006, page: A15 Article code: C13175A151
Soon 10-year residence permits for non-EU spouses
KATHY TZILIVAKIS
GREECE has until the end of this month to implement a new European Union directive on the rights of EU citizens and their family members. To do so, however, the country's new immigration law 3386/2005 must be amended.
Two legislative revisions are required. The first concerns the legal definition of "family member" and the other has to do with the duration of the residence permit issued to them.
Under law 3386/2005, the "family members" reference is limited to the spouses and children of an EU citizen. The new directive (2004/38/EC), however, also includes the "partner" with whom the EU citizen has "contracted a registered partnership on the basis of the legislation of a member state" (see article below).
As regards residence for the family members, Greece currently issues permanent residence (a two-year-duration permit that is automatically renewable) after five years of legal residence here. Under the EU directive, however, the permanent residence permit will be valid for 10 years and automatically renewable. This is good news for thousands of Canadian, American, Australian and other non-EU men and women married to Greeks or other EU citizens.
It remains to be seen, however, whether the government will get cracking to table these amendments before month's end. It is likely Greece will miss the deadline.
Bizarrely enough, the New Democracy government knew about the EU directive when drafting its immigration law, passed by the parliament in August 2004, but did not seek to include the necessary provisions.
ATHENS NEWS , 14/04/2006, page: A15 Article code: C13178A153
Same-sex partners in Europe
A new European Union directive will oblige Greece to treat all registeredor married same-sex EU couples as traditional husband-and-wife couples
KATHY TZILIVAKIS
Unlike in Greece, gay couples in several other member states enjoy the same rights as heterosexual couples
SAY FOR a moment that Britain's most famous gay couple - Sir Elton John and Canadian-born David Furnish - decide to move from their country home in Old Windsor to a beach house on the Greek island of Mykonos.
Furnish, without European Union citizenship, would not be allowed to join his other half because the Greek legal definition of marriage is restricted to the union of a man and a woman. Instead, Furnish would have to apply for a residence permit as a non-EU citizen who has no family ties here.
This, however, may soon change.
All 25 European Union member states have until the end of this month to enforce a directive (2004/38/EC) on the right to free movement. The directive sets out the conditions under which all EU citizens and their families can move to another member state other than their own and take up residence there. It does not apply to families where no one is an EU citizen.
As regards same-sex couples, the preamble of the directive explicitly states that member states "should implement the directive without discrimination between the beneficiaries of the directive on grounds such as... sexual orientation". This means that reference to "spouse" cannot be restricted to opposite-sex spouses. Once in force, the directive will allow a Dutch citizen to be joined by his/her same-sex Venezuelan partner anywhere in the EU. Under current legislation, the Dutch citizen (who is an EU citizen) does not have a right to reunite with his/her same-sex partner who is not an EU citizen.
Unlike the situation in Greece, gay couples in the Netherlands enjoy exactly the same rights as heterosexual couples (joint ownership of property, next-of-kin rights to pensions and inheritance). Gay marriages are currently legal in three EU member states: the Netherlands (since 2001), Belgium (2003) and Spain (2005). Nine EU member states currently allow same-sex registered partnerships or so-called civil unions. They are Denmark (1989), Norway (1996), Sweden (1996), Iceland (1996), France (1999), Germany (2001), Finland (2002), Luxembourg (2004) and Britain (2005).
The new EU directive on the right to free movement will oblige Greece to treat all legally-registered or married same-sex couples as traditional opposite-sex couples, even though national legislation does not permit gays and lesbians to form legally recognised unions.
A warning from Brussels
European Commission Vice-President Franco Frattini recently told the EU Parliament in Strasbourg that EU member states which do not eliminate all forms of discrimination against homosexuals, including the refusal to approve marriage and unions/partnerships between same-sex couples, would be subject to sanctions and eventual expulsion from the EU.
"Homophobia is a violation of human rights and we are watching member states on this issue and reporting on cases in which our efforts have been unsuccessful," said Frattini said.
Frattini, who was elected EU commissioner in 2004 after the European Parliament refused the nomination of Rocco Buttiglione because of his opposition to homosexual unions, proposed designating 2007 as the Year of Equal Opportunity.
Under Article 61 of Greece's immigration law 3386/2005, the family members of a Greek or other EU citizen residing in Greece may legally reside in the country. Family members may apply for a residence permit that is valid for five years. They also have the right to work in Greece.
ATHENS NEWS , 14/04/2006, page: A15 Article code: C13178A151
Citizens need not apply
Bureaucracy-wise, it will soon get much easier for Britons, Germans, Italians and thousands of other citizens of the European Union to live and work in Greece
KATHY TZILIVAKIS
Only 1.5 percent of all EU citizens live in a member state other than their own
A SIMPLE registration with the competent authorities will do, according to a new European Union directive laying down the rights of EU citizens who wish to reside and/or work in a member state other than their own.
The directive (2004/38/EC), which all member states must implement before April 30, eliminates the need for EU citizens to obtain a residence permit. Greece, however, may still require EU citizens to register with the authorities. But this will be a free, one-time procedure.
According to a recent report published by the European Commission, EU citizens "will no longer need to obtain a residence permit in the member state of residence". It says that registration "will be enough" and that even this will "only be required if it is deemed necessary by the host member state".
According to officials at the aliens bureau in Athens, however, they have not been informed about any such changes to the current residence permit procedure.
Under the new EU rules, member states may only require the following for the registration certificate to be issued:
* valid identity card or passport
* confirmation of engagement from the employer or a certificate of employment, or proof that they are self-employed persons
EU citizens who are inactive in the member state's labour market may only be required to submit proof of comprehensive sickness insurance cover and that they have sufficient resources for themselves and their family. The directive explicitly states that member states may not lay down a fixed amount which they regard as "sufficient resources". It says member states must take into account the personal situation of the person concerned, but cannot set the amount above that of the lowest domestic social insurance pension.
Greece is home to an estimated 50,000 non-Greek EU citizens. Only 1.5 percent of all the union's citizens live in a member state other than their own, according to the European Commission.
ATHENS NEWS , 21/04/2006, page: A12 Article code: C13179A121
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