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E 4103

GOVERNMENT GAZETTE
OF THE GREEK REPUBLIC
April 1, 2023 ISSUE ONE No. Sheet 81

NOMOS YP' NO. 5038 Article 21: Obligations of services and employees -
Sanctions
Immigration Code.
Article 22: Obligations of notaries Article 23:
THE Obligations of employers and employees
PRESIDENT OF THE GREEK REPUBLIC citizens of third countries - Sanctions
Article 24: Obligations of individuals and employees -
We issue the following law passed by Parliament: Penalties
TABLE OF CONTENTS Article 25: Obligations of transporters - Penalties PART B
PART A
general provisions CATEGORIES OF RESIDENCE PERMITS FOR PROVIDING EXAMINATION
CHAPTER A OF WORK
PURPOSE, OBJECT AND SCOPE Article 1: Purpose (TYPE "E" RESIDENCE PERMITS)
Article 2: Subject CHAPTER I
Article 3: Scope Article GENERAL PROVISIONS OF RESIDENCE PERMITS FOR ISSUANCE
4: Definitions CHAPTER B DEPENDENT WORK
ENTRY AND EXIT Article 26: Procedure for determining the volume of admission
PROCEDURE for the provision of dependent work
FROM GREECE Article 27: Regulation of issues of the procedure for the
VICTORY TERRITORY admission of citizens of third countries for the provision of dependent work
Article 5: Entry - exit points - Control exercise CHAPTER B
of entry - Exit ADMISSION OF THIRD COUNTRY NATIONALS FOR
Article 6: Denial of entry THE PURPOSE OF HIGHLY SKILLED EMPLOYMENT
Article 7: Entry visa CHAPTER UNDER DIRECTIVE 2021/1883/EU OF THE EUROPEAN
C PARLIAMENT AND OF THE COUNCIL OF 20 OCTOBER
PROCEDURE FOR GRANTING AND RENEWING A 2021 REGARDING THE CONDITIONS OF ENTRY SEE
RESIDENCE PERMIT IN THE GREEK AND RESIDENCE IN THE COUNTRY OF THIRD
TERRITORY Article 8: General conditions for the right of COUNTRY COUNTRIES FOR THE PURPOSE OF
residence Article 9: Categories of HIGHLY SKILLED EMPLOYMENT, AND
residence permits Article 10: Issuance of a residence THE REPEAL OF COUNCIL
permit - DIRECTIVE 2009/50/EC (L 382) (RESIDENCE PERMIT
Submission of an initial application Article 11: Procedure TYPE "E.1") Article 28: Object (Article 1 of Directive
for submitting an 2021/1883/EU)
application for the renewal of a residence permit Article Article 29: Scope (Article 3 of Directive 2021 /1883/EU)
12: Article 30: More
Possibility of changing the category of residence favorable provisions (Article 4 of Directive 2021/1883/
permit Article 13: Duration of validity of residence EU) Article 31: Conditions for
permits Article 14: Method of issuing residence permits the right of residence (Article 5 of Directive 2021/1883/
Article EU) Article 32: Determination of the volume of incoming
15: Application rejection - revocation third-country nationals for highly
of residence permit Article 16: skilled employment (Article 6 of Directive 2021/1883/EU)
Procedural guarantees Article 17: Performance Article 33: Admission applications for "EU
procedure Article 18: Common rights of third- Blue Card" (Articles 10 and 12 of Directive 2021/1883/EU) Article 34: Gra
Directive
country nationals Article 19: Obligations of third-country nationals 2021/1883/EU)
Article 20: Sanctions of third-country nationals
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4104 GOVERNMENT GAZETTE
Article 35: Rejection of an application for granting "Blue
EU card" (Article 7 of Directive 2021/1883/EU)
Article 36: Revocation or non-renewal of " EU Blue Card " (Article
8 of Directive 2021/1883/EU) Article 37: Procedural
guarantees (Article 11 of Directive 2021/1883/EU) Article 38:
Recognized
employers (Article 13 of Directive 2021/ 1883/EU) Article 39:
Sanctions against
employers (Article 14 of Directive 2021/1883/EU) Article 40:
Access to the labor
market (Article
15 of Directive 2021/1883/EU)
Article 41: Equal treatment (Article 16 of Directive 2021/1883/
EU) Article 42:
Family members (Article 17 of Directive 2021/1883/EU) Article
43: Long-term
resident status in the EU and long-term residence permit for
holders of " EU Blue Card" (Articles 18 and 19 of Directive
2021/1883/EU) Article 44: Right of residence in Greece to an "EU
Blue Card" holder
from another EU member state in the context of short-term
mobility (Article 20 of Directive 2021/1883/ EU) Article 45: Right of
residence in Greece to an "EU Blue Card" holder from another EU
member state in
the context of long-term mobility and procedural guarantees
(Article 21 of Directive 2021/1883/EU) Article 46: Residence of
family members according holder of an "EU Blue Card" who
exercises the right of residence in Greece as a
second member state (Article 22 of Directive 2021/1883/EU)
Article 47: Guarantees and sanctions in cases
mobility (Article 23 of Directive 2021/1883/EU)
Article 48: Access to information and compliance
washing (Article 24 of Directive 2021/1883/EU)
Article 49: Statistics (Article 25 of Directive 2021/1883/EU)
Article 50: List of professions (Article 26 of Directive 2021/1883/
EU) Article 51: Contact
point (Article 28 of Directive 2021/1883/EU) Article 52: Coverage
of
expenses of the removal CHAPTER C ADMISSION OF
THIRD-
COUNTRY CITIZENS FOR THE PURPOSE OF INTER-
COMPANY RELOCATION UNDER DIRECTIVE 2014/66/ EU OF
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF
MAY 15, 2014 ON THE CONDITIONS OF ENTRY AND
RESIDENCE OF THIRD-COUNTRY NATIONALS IN THE
FRAMEWORK OF INTER-COMPANY TRANSFER
(RESIDENCE PERMIT TYPE "E.2")
Article 53: Scope (Article 2 of Directive 2014/66) Article 54:
Procedure
for the admission of third-country nationals in the context of intra-
company transfers (Articles 5, 6, 7, 8, 11, 12, 13 , 14 and 15 of
Directive 2014/66) Article 55: Mobility of intra-
company transferable citizens of third countries within the EU
(Articles 20, 21, 22 and 23 of Directive
2014/66) Article 56: Common arrangements
(Articles 4, 9, 10, 19 and 23
Directive 2014/66)
Issue A' 81/01.04.2023
Article 57: Rights of third-country nationals transferred intra-
company (Articles 17 and 18 of Directive 2014/66) Article 58:
Contact
point - Statistics (Articles 24 and 26 of Directive 2014/66)
CHAPTER D RESIDENCE
PERMITS FOR
SPECIAL PURPOSE EMPLOYMENT (RESIDENCE PERMIT
TYPE
"E.3") Article 59: Scope Article 60:
Common arrangements CHAPTER
E RESIDENCE PERMITS FOR
EMPLOYMENT
UNDER
ATTACK
(RESIDENCY PERMIT TYPE "E.4")
Article 61: Conditions and procedure for recall Article 62:
Determination of volume of incoming citizens
of third countries for employment upon referral CHAPTER VI
SEASONAL
WORK - INCORPORATION OF DIRECTIVE 2014/36/ EU OF
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF
FEBRUARY 26, 2014 REGARDING THE REQUIREMENTS OF
ENTRY AND RESIDENCE OF NATIONALS OF RITE OF
COUNTRIES FOR THE PURPOSE OF SEASONAL WORK
Article 63: Admission of citizens of third countries with a purpose
seasonal work (residence permit type "E.5")
Article 64: Issuance of an entry visa for the purpose of seasonal
work Article 65: Rights -
Equal treatment of citizens of three countries, seasonal workers
(articles 22 and 23 of Directive 2014/36)
CHAPTER G RESIDENCE PERMIT OF
SEASONAL
WORKERS (RESIDENCE PERMIT TYPE "E.6 ») Article
66: Conditions, granting and renewal
procedure, rights, granting authority PART C HOLDERS OF
NATIONAL ENTRY VISAS LONG-TERM II
ARKEIA
(TITLES OF RESIDENCE TYPE "G")
CHAPTER A
GENERAL PROVISIONS OF IMPLEMENTATION OF
PART C Article 67: Temporary residence of citizens of third
countries with a national entry visa
CHAPTER II
RIGHT OF RESIDENCE AND/OR EMPLOYMENT IN A THIRD
COUNTRY CITY WITH A NATIONAL ENTRY VISA
Article 68: Digital nomads (residence title "G.1") Article 69:
Members of artistic groups (title
"Z.2" residence permit)
Article 70: Intellectual creators (residence permit type "G.3")
Article 71:
Citizens of third countries moving from a company established
in an EU member state. or the EEA for the purpose of providing a
service (residence permit type "G.4") Article 72: Citizens of third
countries moving from
a company established in a third country for the purpose of
providing a service (residence permit type "G.5")
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
Article 73: Leaders of organized tourism groups (residence permit
type "G.6") Article 74: Sports
preparation (residence permit type "G.7") Article 75: Third country
citizens, tertiary
education students participating in internship programs against
compensation (residence permit type "Z.8") Article 76: Australian
citizens participating in the youth mobility program (Work and
Holiday Visa)
(residence permit type "Z.9") Article 77: Aviation, technical and
administrative staff who enters the country to meet the needs of
forest fire fighting during the fire season (residence
permit type "Z.10") Article 78: Scholars of the American Educational
Foundation of Greece (Fulbright Foundation) (residence permit type
"Z.11") Article 79 : Citizens of third countries who apply for admission
(i) to study or get
to know the monastic life of Agiorites or (ii) to get to know the
monastic life - monasticism (residence title type "Z.12") CHAPTER
III UNIFORM RESIDENCE
PERMIT FOR WORK RIGHTS AGREEMENT WITH DIRECTIVE
2011/98 ON A UNIFORM APPLICATION PROCEDURE FOR THE
GRANT TO THIRD COUNTRY NATIONALS OF A UNIFORM
RESIDENCE AND WORK PERMIT IN THE
MEMBER
STATE AND CONCERNING A COMMON SET
OF RIGHTS FOR WORKERS FROM THIRD COUNTRIES
RESIDING LEGALLY IN A MEMBER STATE Article 80: Purpose
Article 81: Scope (Article 3 of Directive 2011/98) Article 82: Equal
treatment of workers, holders of a single residence permit for work
(Articles 11 and 12 of Directive 2011/98) PART D CATEGORIES OF
RESIDENCE PERMITS FOR FAMILY REASONS
(RESIDENCY PERMIT TYPE "O")
CHAPTER I
ADMISSION OF THIRD COUNTRY CITIZENS FOR FAMILY
REUNIFICATION PURSUANT TO COUNCIL DIRECTIVE 2003/86/
EC OF SEPTEMBER 22, 2003 (RESIDENCE PERMIT
TYPE "O.1") Article 83: Scope
implementation (art 3 of Directive 2003/86) Article 84: Conditions
for family reunification (Articles 5, 7 and 8 of Directive 2003/86)
Article 85: Submission and examination of the
application for approval
meaning of family reunification
(articles 5, 6 and 13 of Directive 2003/86)
Article 86: Issuance of the residence permit (article 5
Directive 2003/86)
Article 87: Duration and renewal of residence permit
(articles 13 and 16 of Directive 2003/86)
Article 88: Rejection of application, revocation or non-renewal of
residence permit (Articles 5, 6, 16 and 17 of Directive 2003/86)
4105
Article 89: Rights and obligations of family members of a third
country citizen (Article 14 of Directive 2003/86) Article 90: Independent
residence permit of family members (residence permit type "O.2")
(Article 15 of Directive 2003/86)
CHAPTER II
NATIONAL REGULATIONS FOR FAMILY REUNIFICATION
Article 91: Exceptional conditions for granting the
full residence permit
Article 92: Arrangements for family reunification with the formation
of the family in Greece Article 93: Initial granting
of a Residence Card to Greek family members (residence permit
type "O.3")
PART E
PROVISIONS OF RESIDENCE PERMITS FOR INVESTMENT
REASONS
(RESIDENCE PERMIT TYPE "B")
CHAPTER A
COMMON PROVISIONS FOR THE IMPLEMENTATION
OF PART V Article 94: Conditions of
applicants Article 95: Duration of validity of residence permits for one
western reasons
CHAPTER B
RESIDENCE PERMITS FOR INVESTMENT REASONS
(RESIDENCY PERMIT TYPE "B")
Article 96: Strategic investors (natural persons -
board members, shareholders) (residence permit type "B1")
Article 97: Residence permit for making an investment through
the establishment and operation of a business (natural persons
members of the Board of Directors, shareholders - partners)
( residence permit type
"B.2") Article 98: Executives of companies established in Greece,
subsidiaries of foreign companies established in Greece who carry
out a commercial activity (shareholders - partners, members of the
Board of Directors, administrators, legal representatives) (residence
permit type "B3") Article 99: Financial investments
( residence permit type "B.4") Article 100: Investments in real
estate (permanent investor
residence permit) (type "B.5" residence permit) PART VI
CATEGORIES OF RESIDENCE PERMITS FOR EDUCATIONAL
REASONS
(H TYPE RESIDENCE PERMIT)
CHAPTER A
ADMISSION OF THIRD-COUNTRY CITIZENS FOR THE
PURPOSES OF RESEARCH , STUDY, PRACTICE AND
VOLUNTARY SERVICE UNDER DIRECTIVE (EU) 2016/801 OF
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
Article 101: Scope (Articles 2 and 4 of Directive 2016/801) Article
102:
Approval of higher education institutions , organizations
responsible for voluntary service programs and intern reception
bodies (paragraph 3 of Article 11 and Article 15 of Directive 2016/801)
Article 103: Approval of a research organization (Article 9 of
Directive 2016/801)
Article 104: Host contract (Article 10 of Directive 2016/801)
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4106 GOVERNMENT GAZETTE
Article 105: General conditions for the right of residence for
the purpose of studies or voluntary service (Article 7 of Directive
2016/801) Article 106: Grant of a
residence permit for study purposes (residence permit type
"H.1") (Articles 7, 11, 17 and 34 of Directive 2016/801) Article 107:
Duration and renewal of the
residence permit for study purposes (Article 18 of Directive
2016/801) Article 108: Grant of residence permit for voluntary
service (residence permit type "H.2")
(Articles 14, 17 and 34 of Directive 2016/801)
Article 109: Duration of residence permit for voluntary
service (par. 7 of article 18 of Directive 2016/801)
Article 110: General conditions and granting of a Guard - Greek of the Coast Guard or in the Academies and
researcher residence permit (H.3 type residence permit) Schools of the
Article 111: Duration and renewal of the residence permit Merchant Navy, in Pilot, Engineer and Cabin Crew Training
researcher (Article 18 of Directive 2016/801)
Article 112: Residence permit of family members
net (article 26 of Directive 2016/801)
Article 113: Rejection, revocation or refusal to renew the
residence permit for studies, voluntary service or research
(Articles 20 and 21 of Directive 2016/801)
Article 114: Temporary residence - Internship of third-country
nationals who enter with a national entry visa ("H.4" type
residence permit) (Articles 7, 13, 18, 19 of Directive 2016/801)
Article 115: Rejection, revocation
of a national visa entry for internship (Articles 20 and 21 of
Directive 2016/801) Article 116: Equal treatment (Article 22 of
Directive
2016/801) Article 117: Teaching by researchers (Article 23 of
Directive
2016/801) Article 118: Professional activity of students (Article
24 of Directive
2016/801)
Article 119: Stay of students and researchers for the purpose
of job search or entrepreneurship (Article 25 of Directive
2016/801) Article 120: Mobility of students
(Articles 31 and 32 of Directive 2016/801) Article 121 : Mobility
of researchers (Articles
27, 28, 29, 32 and 34 of Directive 2016/801) Article 122: Mobility
of family members of researchers
(Article 30 of Directive 2016/801) Article 123: Procedural
guarantees - information (Articles 34 and 35
of Directive 2016/801) Article 124: Points of contact ( Article 37
of Directive 2016/801) Article 125: Statistics
(Article 38 of Directive 2016/801) CHAPTER B NATIONAL
REGULATIONS FOR RESIDENCE PERMITS FOR EC
EDUCATIONAL SPEECH
Article 126: Rapid procedure for granting residence permits to
first, second and third cycle students of A.E.I. Article 127: Special
residence arrangements for study purposes Article 128:
Residence
permit for citizens of third countries for professional training
(residence permit type "H.5") Article 129: Right of residence of
employees in a company, which is established in a third
country or
Issue A' 81/01.04.2023
in an EU or EEA member state, participating in study programs in
Colleges, which exclusively provide studies, based on validation
and franchising agreements with foreign higher education
institutions, recognized by the competent authorities in country
where they are based. (residence permit type "H.6") Article 130:
Residence permit of scholars - participants in special programs
(residence
permit type "H.7") Article 131: Right
of residence of students of foreign higher education institutions
participating in summer programs studies, in accordance with
article 90 of Law 4692/2020 (residence title type "H.8") Article
132: Residence permit for studying at the Schools and Special
Schools of the Armed Forces, the Security Forces and the Coast
Schools , in the Athoniada Ecclesiastical Academy of Mount
Athos, in musical educational institutions, for learning the Greek
Language in a Teaching Center or a related institution of Higher
Education Institution (residence permit type "H.9") Article 133:
Acquisition of a medical specialty (permit
residence permit type "H.10")
PART Z'
RESIDENCE FOR HUMANITARIAN AND EXCEPTIONAL
REASONS
("A" TYPE RESIDENCE PERMITS)
Article 134: Residence permits for humanitarian and
exceptional reasons (residence permit type "A") PART I
ADMISSION
OF THIRD COUNTRY CITIZENS - VICTIMS OF TRAFFICKING
IN HUMAN BEINGS OR ILLEGAL TRAFFICKING OF MIGRANTS
UNDER DIRECTIVE 2004/81/EC
(RESIDENCE PERMIT TYPE "A.7")
CHAPTER A'
general provisions
Article 135: Consideration period (Article 6 of Directive 2004/81)
Article
136: Informing victims and special care
for minors (articles 5 and 10 of Directive 2004/81)
Article 137: Care and benefits during the contemplative period
(Article 7 of Directive 2004/81)
CHAPTER II
RESIDENCE PERMIT FOR VICTIMS OF HUMAN TRAFFICKING
OR ILLEGAL TRAFFICKING OF IMMIGRANTS
Article 138: Granting and renewal of a residence
permit (residence permit type "A.7") (Article 8 of Directive
2004/81) Article 139: Conditions for granting and renewal
residence permit (Article 8 of Directive 2004/81)
Article 140: Rights (Articles 9 and 11 of Directive 2004/81)
Article
141: Special reasons for non-renewal and revocation of the
residence permit (Articles 13 and 14 of Directive 2004/81) Article
142: Change of type of residence permit
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
PART IX
LONG-TERM RESIDENCE PERMITS (TYPE
"M" RESIDENCE PERMIT)
CHAPTER A
OF THE STATUS OF THIRD-COUNTRY CITIZENS WHO
ARE LONG-TERM RESIDENTS ACCORDING TO DIRECTIVE
2003/109/EC OF 25 NOVEMBER 2003 AND GREEK
LEGISLATION APPLICABLE TO THE DIRECTIVE 2011/51/
EU OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL OF 11 MAY 2011 AMENDING COUNCIL DIRECTIVE
2003/109/EC BY EXTENDING ITS SCOPE TO BENEFICIARIES
INTERNATIONAL PROTECTION OFFICES Article 143: Scope
(Article 3 of the Directive 2003/109) Article 144: Conditions for
obtaining long-term resident status ( M1 type residence
permit)
(Articles 4 and 5 of Directive 2003/109) Article 145:
Acquisition of long-term resident status and granting of a long-
term resident permit
(article 7 and par. 3 of article 8 of Directive 2003/109)
Article 146: Duration and renewal of a long-term resident's
residence permit (article 8 of Directive 2003/109) Article 147 :
Rejection of an application for the granting of a long-term
resident's residence permit for public reasons order or public
security (Article 6 of Directive 2003/109) Article 148: Revocation
or loss of
status on
long-term resident (Article 9 of Directive 2003/109)
Article 149: Recovery of long-term resident status (Article 9
of Directive 2003/109) Article 150: Return -
protection against return (Article 12 of Directive 2003/109)
Article 151: Right of appeal (Article 10
of Directive 2003/109) Article 152 : Rights and obligations of
a long-term
resident (Article 11 of Directive 2003/109) Article 153: Right
of residence and granting of a residence permit,
in Greece, to a citizen of a third country with long-term
resident status in another member state of the European Union
(Articles 14, 15 and 19 of Directive 2003/109) Article 154:
Family members of a third-
country citizen who exercises the right of
residence in Greece as long-term residents of another
member state of the European Union (Article 16 of Directive
2003/109) Article 155: Rejection of an application for a residence
permit to a citizen of a third country
with long-term resident status in another member state of the
European Union and to his family members, for reasons of
public order, public security or public health
(Articles 17 and 18 of Directive 2003/109)
Article 156: Rights and obligations of third-country nationals
with long-term resident status in another member state of the
European Union who hold a residence permit in Greece (Article
21 of Directive 2003/109) Article 157: Revocation of residence
permit and
readmission obligation (Article 22 of Directive 2003/109)
4107
Article 158: Acquisition of long-term resident status in
Greece in the context of exercising the right of residence as a
long-term resident in another member state of the European
Union (Article 23 of Directive 2003/109) Article 159: Point of
contact (Article
25 of Directive 2003/ 109) Article 160: Evidence of sufficient
knowledge
of the Greek language and elements of Greek history and
culture to obtain the status of long-term resident CHAPTER II
NATIONAL REGULATIONS FOR LONG-TERM RESIDENCE
PERMITS
DURATION
Article 161: Ten-year residence permit (residence permit type
"M.2") PART I FREE MOVEMENT
AND
RESIDENCE IN THE TERRITORY OF CITIZENS OF THE
EUROPEAN UNION AND THEIR FAMILY MEMBERS
(RESIDENCE PERMIT TYPE "N") Article 162: Residence
permits for citizens of the European
Union and members of their families PART I' RESIDENCE
PERMITS FOR OTHER REASONS
(RESIDENCE
PERMITS TYPE "I") Article 163 Other reasons
for granting a residence permit
(residence permits type "I") PART IB RESIDENCE PERMITS
FOR REASONS
INTERNATIONAL AND PRE
SORINIS PROSTASIAS
(RESIDENCY PERMIT TYPE "P")
Article 164: Refugee residence permit (residence permit
type "P.1") Article
165: Residence permit of beneficiary of subsidiary protection
("Residence permit type "P.2") Article 166:
Residence permit of temporary protection (residence permit
type "P.3") PART III RESIDENCE
PERMITS
FOR NATIVES (RESIDENCE PERMIT
ISLAND TYPE "Y")
Article 167: Residence permit of citizens of third countries,
who held residence permits or alien identity cards (residence
permit type "Y.1") PART XI HOMOGENEOUS
ORIGIN
FROM ALBANIA, TURKEY AND FORMER USSR .D. - STAY
AND WORK OF FAMILY MEMBERS OF RELATIVES FROM
COUNTRIES OF THE FORMER
E.S.S.D.
Article 168: Procedures for the management and settlement
of expatriates from Albania, Turkey and countries of the former
USSR. (residence permit type "Y.2")
Article 169: Residence permit of citizens of third countries,
with family members of expatriates from countries of the former
USSR. (Residence permit type
"Y.3") PART
IE ORGANIZATIONAL
PROVISIONS Article 170: Competent
services Article 171: Fees - Fines
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4108 GOVERNMENT GAZETTE
Article 172: Immigration Commissions
Article 173: Unified IT system - Record keeping PART IX
FINAL,
AUTHORIZED,
TRANSITIONAL AND QATAR
RUBBER PROVISIONS
Article 174: Competence to issue individual administrative
acts Article 175:
Social inclusion-Supervision of implementation Article
176: Empowering provisions Article 177:
Transitional provisions Article 178:
Repealed provisions PART IZ
COMMENCEMENT
OF EFFECTIVENESS Article 179: Commencement of force
PART A'
general provisions
CHAPTER I
PURPOSE, OBJECT AND SCOPE
Article 1
Purpose
The purpose of this is to reform the Immigration Code and
to include in it all the residence permits granted by the
competent Greek authorities to citizens of third countries, in
order to ensure the most complete response of the immigration
policy to the modern needs of Greek society and the Greek
economy, as well as the simplification, transparency, efficiency
and speed of the procedures.
Article 2
Object The
object of this is to determine the conditions of entry and
residence for a period exceeding ninety (90) days in the
Greek territory of citizens of third countries for the purposes
defined in this law, the rights of citizens of third countries
and, according case, of their family members, the procedure
for issuing and revising residence permits granted by Greece
to citizens of third countries, as well as the procedure for
granting them.
Article 3
Scope 1. This Code
applies to all citizens of third countries who enter and
reside in the country for one of the reasons provided for by
the provisions herein, subject to more favorable arrangements
provided for: a. in bilateral and multilateral agreements
between the member states of the
European Union or the European Union and its member
states on the one hand and third countries on the other,
b. in bilateral and multilateral agreements between the
Hellenic Republic and third countries,
Issue A' 81/01.04.2023
c. in the European Social Charter of October 18, 1961,
which was ratified by Law 1426/1984 (A' 32). 2. This Code
applies accordingly to stateless persons. 3. This Code does
not apply: a.
to those who fall under the provisions of
p.d. 30/2021 (A' 75), by which Directive 96/71/EC of the
European Parliament and of the Council of December 16,
1996 regarding the posting of workers in the context of the
provision of services (L 18) was incorporated into Greek
legislation.
b. to citizens of third countries, who are subject to a return
procedure in accordance with Law 3907/2011 (A' 7) or
administrative deportation in accordance with Law 3386/2005
(A' 212), which has been suspended for actual or legal some
reasons, c. to
persons who have applied for admission or have been
accepted as seafarers for employment or work in any
capacity on a ship registered in a member state of the
European Union or flying the flag of a member state, d. to
persons who have several
nationalities,
of which one is Greek,
e. to the beneficiaries of international protection, with the
exception of applicants for the granting of an "EU Blue Card"
under the conditions of Chapter B' of Part B', as well as those
subject to the long-term resident status of Part I', and to
applicants international protection within the meaning of the
1951 Geneva Convention on the Legal Status of Refugees ,
which was ratified with n.d. 3989/1959 (A' 201), as amended
by the New York Protocol of January 31, 1967, which was
ratified with the a.n. 389/1968 (A' 125) and in accordance
with the Code of legislation on the reception, international
protection of citizens of third countries and stateless persons
and temporary protection in the event of a mass influx of
displaced foreigners [law. 4939/2022 (A' 111)], with the
exception of point c of paragraph 1 of article 161 hereof,
f. to persons who have permission to remain in Greece on
the basis of temporary protection or have requested
permission to remain for this reason and are awaiting the
issuance of the relevant decision, g. to persons
who have been granted subsidiary protection status and h.
to employees serving in
diplomatic and consular authorities enjoying legal status
subject to the 1961 Vienna Convention on Diplomatic
Relations, which was ratified by n.d. 503/1970 (A' 108), or in
the Vienna Convention of 1963 on consular relations, which
was ratified by Law 90/1975 (A' 150), as well as to employees
of international organizations notified to the competent Greek
authorities, insofar as their legal status is governed by the
relevant international conventions.
Article 4
Definitions
For the application of the Code, the following terms have the
following meaning:
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4109

a. "foreigner": the natural person who does not time the exercise of these duties has not been
have Greek citizenship or who is assigned to another person in accordance with
stateless, b. "citizen of a third country": the natural articles 66A to 66LD of Chapter C of the Third Part
person who does not have Greek citizenship or the of Law 4939/2022. This definition also includes the
citizenship of another member state of the European minor who ceases to be accompanied after entering
Union within the meaning of paragraph 1 of article Greece,
20 of the Treaty on the Functioning ya. "victim of human trafficking": both the natural
of the European Union, c. "stateless person": the person for whom there are reasonable grounds to
natural person who meets the conditions of the 1954 be considered a victim of any of the crimes provided
New York Convention on the Status of Stateless for in article 323A, paragraphs 1 and 3 of article 339,
Persons, which was paragraphs 1 and 2 of article 342, in par. 2 of article
sanctioned by Law 139/1975 (A' 176), d. "citizen 348, in articles 348A, 348B, 349 and 351A of the
of the Union": any a person who has the citizenship Criminal Code, before the criminal prosecution is
of a member state of the European Union, e. instituted for him as well as for the one against whom
"objectively lacking a passport": the citizen of a third any of the above crimes for which the criminal
country, who demonstrates the objective impossibility prosecution was initiated prosecution, regardless of
of obtaining a passport or travel document due to whether he entered the country legally or illegally. A
special conditions or situations, f. "refugee" : the victim of human trafficking , according to the first
third-country national or stateless person who, as a paragraph, is the victim of the crime of article 336 of
result of a well-founded fear of persecution due to the Criminal Code, when he is a minor. The
race, religion, nationality, political beliefs or designation "victim of human trafficking" is assigned
membership of a particular social group, is outside by an act of the competent Prosecutor of First
the country of his nationality and is unable or, Instance , both immediately after the initiation of the
because of this fear, does not wish to be placed criminal prosecution for a crime provided for in
under the protection of the said country or the article 323A, paragraphs 1 and 3 of article 339,
stateless person, who, while outside the country of paragraphs 1 and 2 of of article 342, in par. 2 of
his former habitual residence for the aforementioned article 348, in articles 348A, 348B, 349 and 351A of
reasons, is unable or, because of the fear thereof, the Criminal Code, as well as before a criminal
does not wish to return to it and to whom Article 11 prosecution is instituted for any of these offenses. In
of the Code of Legislation on the reception, the latter case, for the issuance of the act in
international protection of citizens of third countries question, a written opinion drawn up by two (2)
and stateless persons and temporary protection in scientists specializing in psychiatrist, psychologist
the or social worker, who serve in a Service or in a
event of a mass influx of displaced foreigners does Protection and Assistance Unit referred to in articles
not apply [law. 4939/2022 (A' 111)], g. "beneficiary 2, 3 and 4 of the p.d. 233/2003 (A' 204) or to the
of international protection": the person who has been First Reception Service or to a Non- Governmental
granted refugee status or subsidiary Organization or to the International Organization for
protection status , as defined in paragraphs k' and Migration or to international organizations or to
k' of article 1 of Law 4939/2022 , h. "beneficiary of other specialized and recognized by the state
subsidiary protection": the citizen of a third country protection and assistance bodies, in accordance
or the stateless person who does not meet the with the provisions of articles 2, 3 and 4 of p.d.
conditions to be recognized as a refugee, but in his 233/2003. The characterization act is issued
person there are substantial reasons from which it regardless of whether the victim cooperates with the
follows that, if he returns to his country of origin or , prosecuting authorities, when the above Prosecutor
in the case of a stateless person, in the country of judges, after the concurrence of the Appellate
his previous habitual residence, is at risk of suffering Prosecutor , that the conditions of par. 2 of article 1
serious harm within the meaning of article 14 of Law of the p.d. 233/2003 or that the victim does not
4939/2022 and cooperate due to threats directed against members
who cannot or, due to this risk, does not wish to of his family who are in Greece or in his country of
be placed under the protection of of the country in origin or anywhere else and that, if he is not
question, i. "international protection applicant card": protected or if he is removed from the country, they
the special individual card issued for the applicant face immediate danger to aforementioned persons.
during the administrative process of examining his The above procedure
application is also applied to the case of a person being
by the competent authorities and allows him to classified as a "victim of illegal migrant trafficking",
stay in Greek territory until its completion , i. as defined in para. l', l. "victim of illegal migrant
"unaccompanied minor": the minor, who arrives in trafficking": both the natural person, for whom there
Greece unaccompanied by a person who exercises, are good reasons to be considered a victim of any
according to Greek law, his parental care or guardianship of or
thebycrimes
an adult
provided
relativefor
who
in paragraphs
in practice exercises
5 and 6 ofthe
article
care24
of and
and af
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4110 GOVERNMENT GAZETTE
of the Code, before the criminal prosecution is instituted
for him as well as for the one against whom any of the
above crimes for which the criminal prosecution was
initiated, as long as he has entered the country illegally,
i. "illegal stay": the presence in Greek territory of a
citizen of a third country who does not meet or has
ceased to meet the conditions for entry, as defined in
paragraph 1 of article 6 of Regulation (EU) 2016/399
of the European Parliament and of the Council of of
March 9, 2016, on the Union code on the status of
persons crossing borders (L 77) or the other conditions
of entry, stay or residence,
no. "uniform type C visa (Visa C)": the visa valid for
the entire territory of the member states of the European
Union that apply the provisions of Regulation (EC)
810/2009 of the European Parliament and of the
Council of 13 July 2009 on the establishment of a
Community visa code (Visa Code ) (L 243) and is
granted with a view to passing through or intending to
stay in the territory of member states, which does not
exceed ninety (90) days within any one hundred and
eighty (180) day period on the territory of the member
states of the enhanced Schengen cooperation , "long-
term visa (national visa - Visa D)": the
authorization granted by the competent Greek
authorities for the entry and stay of third-country
nationals in Greek territory for a period exceeding
ninety (90) days and may be up to three hundred sixty-
five (365) days, based on corresponding national
legislation on the residence status of third-country
nationals or EU law, art. "residence permit (final
residence permit)": any type of permit issued by the
competent
Greek authorities in accordance with paragraph a of
paragraph 2 of article 1 of Council Regulation (EC)
1030/2002 of June 13, 2002 for the establishment of
uniform residence permits for third-country nationals (L
157) and on the basis of which a third-country national
is allowed to reside legally in Greek territory,
z. "single permit": the residence permit issued by the
Greek authorities, which allows the citizen of a third
country to reside legally in Greek territory for the
purpose of work, i.
"certificate of application submission": the document
certifying temporary legal residence issued by the
competent services for the receipt of applications from
citizens of third countries concerning the granting or
renewal of residence permits, as long as the required
supporting documents are complete. This certificate is
valid until the completion of the examination of the
request for granting or renewing the residence permit,
it provides the holder with all the rights deriving from
the requested residence permit, while it does not grant
the right to move within the Schengen area. In
extraordinary circumstances, by decision of the Minister
of Citizen Protection, he may provide
Issue A' 81/01.04.2023
right of exit of the holder of the certificate to another
third country outside the single Schengen area. In this
case, a deadline is set for re-entry into Greek territory,
after which the holder of the certificate is no longer
admitted to Greek territory,
n. "special certificate of legal residence": the
temporary residence permit granted to third- country
nationals who are under judicial protection and which
does not allow the holder to move freely within the
single Schengen area;
Mr. "proof of tax obligations": the copy of the tax
return statement, if a tax return was submitted in the
previous year, or the copy of a submitted tax return, if
a tax return was submitted for the first time in the year
of submission of the application for renewal of the
residence permit , Ms. "transfer": the process by which
the entry and residence of a citizen of
a third country is made possible for the provision of
dependent work in Greece, to a specific employer and
for a certain type of employment , c.v. "employment":
the exercise of activities covering any form of work on
behalf
of or under the direction or supervision of an
employer;
Mrs. "employment contract": the written agreement,
by which the employee undertakes to provide his work
for a certain or indefinite period of time under the
instructions and control of the employer, and the
employer undertakes to pay the agreed salary and to
provides all protection provided by law. The employment
contract is governed in particular by the applicable
special labor laws and by article 648 of the Civil Code,
kd. "third-country worker": a third-country national
who has been admitted to Greek territory and who
resides legally and has been granted a residence
permit for work or a residence permit with the right to
work , in the context of a dependent employment
relationship in Greece in accordance with the provisions of present,
Mr. "provision of services or work": the work for the
performance of a service or work, which is not subject
to legal and personal dependence or control by the
employer and to which the provisions of labor
legislation do not apply,
kst. "seasonal work": the activity carried out in
Greece for a period of time up to nine (9) months in
total, per twelve (12) month period, in the field of
seasonal employment of a periodic nature within the
year. As such are meant areas related to seasonal
conditions, during which the necessary level of labor is
significantly higher than that required for normal
activities,
Mr. "seasonal worker": the citizen of a third country
who maintains his main place of residence in a third
country and resides legally and temporarily for reasons
of employment in the Greek territory in a field of activity
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
ness that depends on the change of seasons based on one
or more fixed-term employment contracts concluded directly
between the third-country national and the employer
established in Greece,
Ms. "special purpose workers": citizens of third countries
who enter and reside in Greece, based on special legislation
provided for in article 59, special interstate agreements or
to serve the interest of the national economy, cf. "temporary
residence permit with a national visa ":
any type of certification provided by the Greek authorities
and on the basis of which a third-country national is allowed
to reside legally in Greek territory, for a specific purpose and
for a specific period of time that is linked to the completion
of the purpose, l. "independent economic activity": the activity
aimed at obtaining income from a commercial, industrial,
craft or
agricultural business, as well as from any other business
providing services or exercising a free profession,
La. "investment activity": the realization of an investment
that, according to a competent judgment, has positive
consequences for development and the national economy,
lb. "persons with sufficient resources": third-country
nationals who have sufficient resources at the level of a
fixed annual income to cover living expenses, n.g. "family
reunification":
the entry and residence in the country of the family
members of a third-country national legally residing in
Greece, in order to maintain the unity of his family, regardless
of whether the family ties were established before or after
his entry into the country , ld. "supporter": the citizen of a
third country who resides legally
in Greece and submits a family reunification application ,
in order to allow the entry and residence of his family
members in Greece, as defined herein,
say "family members of a third country citizen":
lea. the other of the spouses, as long as he has reached
the age of eighteen (18), as well as their unmarried common
children under the age of eighteen (18) , including those who
have been legally adopted in Greece by court decision or
foreign court decision that is automatically enforceable or
has been declared enforceable or has been recognized as
res judicata in Greece, lev. the rest, under eighteen (18)
years of age, unmarried children of the
maintainer or of the other spouse, including the children
who have, according to the above, been adopted, as long as
the exercise of custody has been legally assigned to him for
the children of the maintainer , and for the children of the
other husband to this husband, lst. "autonomous right of
residence": the right to residence of family members of third-
country
nationals who have been admitted to Greek territory for
reasons
4111
of family reunification, which is maintained exclusively on a
personal basis, lz. "family member
of a Greek citizen": lza. the spouse, lzv.
the partner with
whom the Greek citizen has entered into a cohabitation
agreement, as long as it was drawn up in Greece or before
a Greek consular authority,
sorry regardless of nationality, descendants, direct blood
relatives, spouses or partners , who are under twenty-one
(21) years of age or regardless of age, if they are dependents,
as well as those of his or her spouse partnership, as defined
in the subsection lzb' according to the above distinction, in
terms of age, as well as the children who have been adopted,
also according to the above distinction, lzd. regardless of
citizenship, dependents of direct ascendants, as well as
those of his/her spouse or partner, as defined in sub-para.
lzv',
lol any other member of the family of a Greek citizen or of
the spouses or civil partners, regardless of nationality, who
does not fall under the persons mentioned in the above
cases, as long as this member is supported by a Greek
citizen or of the spouses or civil partners and there are
serious health reasons make the personal care of the said
family member absolutely necessary by the Greek citizen, li.
"family member of a Union citizen": lea. the spouse,
liv. the civil partner with whom the citizen of the
Union has a
registered civil partnership, based on the legislation of a
Member State, provided that the legislation of the host
Member State recognizes the civil partnership as equivalent
to marriage, and in accordance under the conditions provided
for in the relevant legislation of the host Member State, lit.
descendants, blood relatives in a direct line , who are under
the age of twenty-one (21) or regardless of age, as long as
they are dependents , as well as those of the spouse or
common-law partner, as defined in sub. liv', according to the
above distinction, in terms of age, as well as the children
who have been adopted, also according to the above
distinction, lit. regardless of citizenship, the direct descendants
of the citizen of the Union, as well as those of his/her spouse
or common-law partner, as defined in sub para. lev', as long
as they
are dependents, i.e. "personal right of residence": the right
of residence of the family members of a citizen of the
European Union which is maintained exclusively on a
personal basis , m . . "long-term resident
residence permit": any type of permit issued by the Greek
authorities upon the integration of the third-country national
into the long-term resident status and on the basis of which
it is
allowed
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4112 GOVERNMENT GAZETTE
to him to reside legally in the Greek territory, according
to para. a' of par. 2 of article 1 of Regulation (EC)
1030/2002, p. "first member
state": the member state of the European Union,
which included a third-country national in the status of
long-term resident for the first time, m. "second member
state":
any member state of the European Union, other than
the one that first included the long-term resident of a
third country and in which the said long-term resident
exercises his right of residence, n.d. "student": a citizen
of a third country, who has been admitted
to a higher education institution and who has been
allowed to enter the Greek territory in order to pursue
a full-time study program as his main activity, with the
aim of obtaining a higher education qualification
recognized by Greece, i.e. a diploma, certificate or
doctorate in a higher education institution that may
include a preparatory cycle for the studies in question
based on national law or a mandatory internship, with.
"higher education institution": any higher education
institution which is or is deemed to be recognized
under national law and which, in
accordance with national law, provides recognized
higher education degrees or other recognized higher
level qualifications, regardless of the name of those
Institutions , or any institution which, in accordance
with national law, provides vocational education or
training at tertiary level. The concept of degrees
includes the Degree or Diploma of Higher Education
as defined in article 3 of Law 4957/2022 (A' 141) (level
6, based on the National and European Framework of
Qualifications) and the Higher School Diploma/Diploma
(level 5 , based on the National and European
Qualifications Framework),
mst. "Voluntary service program": a program of
practical solidarity activities, which is based on a
program recognized by Greece or the European Union,
pursues objectives of general interest and has a non-
profit character , in the context of which the activities
are not remunerated, except for reimbursement of
expenses and/or compensation for minor expenses.
The concept of recognition for the purposes of the
present refers to the provision of funding either from
the European Union, or from national resources, or
from co-financing, mz. "vocational training" for the
purposes
of the present, is the study at Vocational Training
Institutes (I.E.K.), in accordance with the provisions of
articles 22 to 34 of Law 4763/2020 (A' 254), at Centers
Lifelong Learning, in accordance with the provisions of
the same law, in Vocational Training Schools (VET), in
accordance with the provisions in articles 9 to 15 of
Law 4763/2020, as well as in Colleges that exclusively
provide studies based on agreements
Issue A' 81/01.04.2023
validation and franchising with higher education
institutions abroad, recognized by the competent
authorities in the country where they are based, and
on the one hand study programs leading to a
postgraduate degree, as long as these specific study
programs are accredited by international certification
organizations, in accordance with Law 4310/2014 (A'
258). This training may be preceded, where required ,
based on the curriculum of the required specialty, by
a preparatory year of learning the Greek language,
non. "research": the original work undertaken in a
systematic way to increase the body of knowledge,
including knowledge of man, culture and society, and
the use of that body of knowledge for new applications,
i.e. "research organization": any private or public
organization
that carries out research, in accordance with the
procedures provided for in national law, n. "researcher":
a citizen of a third country, who holds a doctoral degree
or an appropriate higher education degree that gives
him access in doctoral programs and who is selected
by a research organization and is admitted to the
territory of a member state to carry out research activity
for which the above title is normally required,
to. "highly skilled employment": the employment of a
person who: naa. is
protected by Greek labor legislation as an employee
and provides genuine and effective work on behalf of
or under the direction of another person, regardless of
the legal type that this relationship has taken, nav. is
paid for said work and nag.
has the required professional qualifications
yeah
nb. "European Union Blue Card" (" EU Blue Card"):
the permit that bears the mention "EU Blue Card " and
allows its holder to reside and work legally in Greek
territory, in accordance with the conditions of article
31 , n.g. "high professional
qualifications": the qualifications certified by a higher
education qualification or high professional skills and
linked to the granting of the "EU Blue Card", n.d. "first
Member State": the Member State which first granted
a third-country national the " EU Blue Card", n.
"second member state": any member state in which
the holder of
the "EU Blue Card" intends to exercise or is
exercising the right of mobility within the meaning of
Chapter B of Part B, except the first member state, ns.
"higher education qualification": diplomas , certificates
or other formal qualifications
issued by a competent authority certifying the
successful completion of a program
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4113

post-secondary education or an equivalent higher
education program, i.e. a set of courses provided by
an educational institution, which is recognized as an
institution of higher education or an equivalent
educational institution of higher education by the
state in which it is located, provided that the studies
required for the acquisition of these qualifications
lasted at least three (3) years and correspond at least residence permit to work in Greek territory,
to level 6 of the ISCED 2011 classification or, as the
case may be , to level 6 of the European Framework
of Professional Qualifications (EQF), nz. "high
professional skills": as high
professional skills are understood: a) with regard
to professions related to managers of information
and communication technologies (ISCO 8 - 133) and
professionals in the field of information and
communication technologies (ISCO - 25), knowledge , the transfer and during its duration, to an entity
skills and competences certified by professional
experience of at least three (3) years within the
seven (7) years prior to applying for an EU Blue
Card, at a level equivalent to a higher education
qualification , which are relevant with the profession
or sector specified in the employment contract or b)
with regard to other professions, only if provided for
by national law or national procedures, knowledge,
skills and abilities certified by professional experience
of at least five (5) years , of a level corresponding to entity to which the intra-corporate transferee is
a higher education degree, which is relevant to the
profession or field specified in the employment
contract, n. "professional experience": the time of
actual and legal practice of the specific profession,
nth. "legislatively
regulated profession": the legally regulated
profession, as defined in the first paragraph of par. 1
of article 3 of the p.d. 38/2010 (A' 78), on the
adaptation of Greek legislation to Directive 2005/36/
EC of the European Parliament and of the Council of
September 7, 2005, on the recognition of professional employees with supervisory, technical or administrative
qualifications,
xd. "voluntary departure": compliance with the
obligation to return within the deadline set for this
purpose in the return decision;
know "single application procedure": any procedure
that leads, on the basis of a single application
submitted by a third-country national, to a decision
on that application with a view to granting him a
xst. "intra-company transfer": the temporary
posting , the purpose of which is the work or training
of a third-country national who, at the time of
submitting the application for an intra-company
transfer permit, resides outside the territory of the
EU and is carried out by a company established
outside the EU and against which the third-country
national is bound by an employment contract before
belonging to the above company or to the same
group of companies, which is established in Greece,
and, where applicable, the mobility between host
entities established in one or more second Member States,
xz. "intra-company transferee": any third- country
national who resides outside the territory of the EU
at the time of submitting the application for an intra-
company transfer permit and who is subject to an
intra-company transfer, xi. "host entity": the legal
transferred, regardless of its legal form, which is
established , based on Greek law, in Greece,
xth. "managerial officer": a person holding a senior
position, who primarily leads the management of the
host entity, under the general supervision or guidance
mainly of the board of directors or the board of
shareholders of the enterprise or equivalent body.
This position includes: the management of the host
entity or department or branch of the host entity, the
supervision and control of the work of other
responsibilities, the authority to propose hiring,
dismissals or other actions concerning the staff,

x. "non-legislatively regulated profession": profession
but which is not legislated,
yes "return of a third-country national": process of
re-entry of a third-country national either by his
voluntary compliance with the obligation to return or
by
compulsion: xaa. in his country
of origin or in a country of transit, in accordance
with EU or bilateral readmission agreements or other
arrangements or ex. to another third country to
which he voluntarily decides to return and to which he is possible
see "return decision": the administrative act, by
which the stay of a third country citizen in Greek
territory is declared or reported as illegal and the
obligation to return is imposed on him,
because "removal": the execution of the return
decision by physical transfer of the third country
citizen outside the Greek territory,
o. "specialised worker": a person who works within
the group of enterprises and who has specialized
knowledge essential to the fields of activity,
techniques or management of the host entity. The
assessment of such knowledge shall take into
account, in addition to the specific knowledge of
those relevant to the host entity, high-level
qualifications for the specific type of work or activity
requiring specific technical knowledge, including
relevant professional experience, as well as the
accepted,status members of recognized professions,
etc. 'trainee': a person with a higher
education degree who is transferred to a host entity
for professional development purposes or for the
purpose of obtaining training in business techniques
or methods and is paid during the transfer;
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4114 GOVERNMENT GAZETTE
ob. "intra-company transfer permit" ("ICT"): the
permit granting its holder the right to reside and work
in the territory of the first Member State, and, where
applicable, of the second Member States, in
accordance with the terms of Articles 53 , 54 and 55.
o. "group of enterprises": two or more enterprises ,
which are recognized as connected, based on article
2 of the Income Tax Code [law. 4172/2013 (A' 167)],
in one of the following ways: a company in a direct or
indirect relationship with another company, which
owns the majority of its registered capital or controls
the majority of votes associated with its share capital
or may appoint more than half of the members of the
company 's administrative, management or supervisory
body , or both companies are under the single
management of a parent company,
"first member state of transfer": the member state
which first issues an intra-company transfer permit to
a citizen of a third country, o.
"second member state of transfer": any member
state, in which the intra-corporate transferee intends
to exercise or is exercising the right of mobility , in
accordance with article 55, except the first member
state,
ost. "trainee": the citizen of a third country who
holds a degree of higher education or continues a
course of study in a third country with the aim of
obtaining a degree of higher education and is accepted
in the Greek territory as part of an internship program
for the purpose of acquiring knowledge, practice
practice and experience in a professional environment.
Third-country nationals who have obtained a higher
education degree within the two (2) years preceding
the date of the application for admission are
considered to be in an employment relationship
according to national law, i.e. "volunteer": the citizen
of a third country who has been accepted in the
Greek territory to participate in a voluntary service
program,
o. 'host body': the research organisation, higher
education institution, organization responsible for the
voluntary service program or trainee host body to
which the third-country national has been placed for
the purpose of the traineeship and which operates in
Greek territory, regardless of its legal form, according
to national law. Especially, for the internship programs
in tourism companies, only tertiary education
institutions , as defined in para. me', op. "employer":
any natural or legal person, for whom or under whose
direction or supervision the work is provided, e.g.
"first member state": the member state of the
European Union, which first grants a third country
national country residence
permit for research or study purposes, pa. "second
member state": any member state of the European
Union other than the one that granted
Issue A' 81/01.04.2023
for the first time a residence permit for the purposes
of
research or study, i.e. "EU or multilateral programs
involving mobility measures": the programs financed
by the European Union or by the Member States to
promote the mobility of third-country nationals in the
European Union or in the Member States participating
in the respective programmes .
CHAPTER II
ENTRY AND EXIT PROCEDURE FROM
THE GREEK TERRITORY
Article
5 Entry - exit points - Entry - exit control
exercise
1. Every person is allowed to enter and exit Greek
territory only through the legislated border crossing
points. The surveillance of the land and sea borders
is carried out by the police and port authorities
responsible for this purpose . 2. The control of persons
entering or
leaving Greek territory falls within the competence
of the Ministry of Citizen Protection and is carried out
by the local police authorities competent for this
purpose.
3. For the application of the Code, the stay of a
citizen of a third country, in transit, in the transit zone
of an airport or port of the country in order to continue
his journey abroad , with the same or another aircraft
or ship, does not constitute entry into Greek territory.
To stay in the transit zone, an airport transit visa
(ATV) is required in all cases and under the conditions
provided for in Regulation (EC) 810/2009. The citizen
of a third country who remains in the transit zone is
obliged to continue his journey. If he does not depart
within a reasonable time , he is taken on an aircraft
or ship under the care of the police authority. Airport
or port authorities are obliged to assist if requested.
4. The competent police, customs, port and health
authorities reserve
the right to control the persons who remain in the
transit zone, if they deem it necessary. 5. The Greek
control authorities may oblige a transiting third-
country citizen to immediately
depart , when they find that he does not meet the
conditions for entry into the single Schengen area in
accordance with Regulation (EU) 2016/399 "Schengen
Border Code", as applicable from time to time .
Article
6 Denial of entry
1. The Greek control authorities may prohibit , with
reasons, the entry into Greece of a citizen of a third
country, as long as he does not meet the conditions
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
entry, as defined in Regulation (EU) 2016/399
"Schengen Borders Code", as applicable from time
to
time. 2. In the event that the entry conditions of par. within its jurisdiction and takes a relevant decision,
1 are not met , the third country citizen is served with
a reasoned decision, which states the specific reasons
for refusal and is in the form of a standardized form,
in accordance with Part B' of Annex V of the
Regulation (EU) 2016/399 "Schengen Borders Code",
as applicable from time to time. 3. The
Minister of Citizen Protection may, by his decision,
allow the entry of a citizen of a third country at the
permanent and temporary border crossing points of
persons , despite the existence of the prohibitive
reason of par. 1, if this is required for serious reasons
of public interest or superior force or facilitating the
movement of a ship, which cannot be served in any
other way. 4. A citizen of a
third country who has entered Greece from the
transit zone and is not allowed to enter the country of
destination, is not accepted for re-entry if he does not
meet the conditions herein again , if upon his return
he entered third, intermediate, country.
5. Entry to Greece is not prohibited to a person
who proves to have Greek citizenship or the
citizenship of a member state of the European Union,
and if he still lacks a passport or other travel
document. 6.
The Greek control authorities, if upon the entry into
Greece of a citizen of a third country who is the holder
of a residence permit, establish the presence of
reasons justifying its revocation or the rejection of a
pending request, they must immediately notify the
relevant and local competent agency in accordance
with the provisions herein, in order to initiate the
relevant procedure. In these cases, the entry of the
citizen of a third country into Greece is prohibited until tourism , conferences, cultural and sports events
the issuance of a decision on the revocation or non-
revocation of the residence permit or the rejection of
a pending request, without the Greek entry authorities visa is valid or for a period of up to ninety (90) days
retaining the residence permit or the certificate of
submission of a request with complete supporting documents. days, if it is a citizen of a third country who is allowed
Article
7 Entry visa 1. A
third-country national entering Greek territory must
hold a valid travel document recognized by the
competent Greek authorities that meets the criteria
set out in Regulation (EU) 2016/399 "Schengen
Borders Code" .
2. These documents, if required by applicable
international conventions, EU law and national
regulations, must bear an entry visa (VISA).
3. The entry visa is examined by the consular
authority within the jurisdiction of which the citizen of
a third country legally resides, which also decides on
its granting, after taking into account reasons relating
in particular to the public order and security of the country
4115
and public health. The consular authority examines
an application submitted by a legally present citizen
of a third country, who, however, does not reside
provided that the applicant has sufficiently justified
the submission of the application to the consular
authority in question. The entry visa is divided into a
uniform visa (Visa C), a Limited Territorial Validity
visa (Visa VTL), an Airport Transit visa (ATV) and a
long-stay visa (national visa - Visa
D). 4. Decisions to reject requests for entry visas
made by diplomatic and consular authorities need to
be justified. Decisions referring to the following
categories of third-country nationals and subject to
the assistance of reasons of public order and security
require a special justification : a) third-country
nationals,
family members of Greeks,
as defined in paragraph lz' of article 4,
b) citizens of third countries, family members of a
citizen of another member state of the European
Union, as defined in paragraph 1 of
article 4, c) citizens of third countries, whose entry,
residence , establishment and employment in Greece
is requested by ' application of European Union law,
d) citizens of third countries who are employed in
companies established in another member state of
the European Union and move to Greece for the
execution of work or a project in the context of a
relevant contractual obligation.
5. A citizen of a third country who is not required
to have an entry visa, subject to the provisions of the
European Travel Information and Authorization
System (ETIAS), is allowed to enter and remain in
Greek territory for a period not exceeding ninety (90)
days within any one hundred eighty (180) day period.
A citizen of a third country who enters the country for
and generally for a short stay may remain temporarily
without a residence permit for as long as the consular
within any period of one hundred and eighty (180)
to enter without a consular visa. The period of validity
of a granted visa or the permitted length of stay is
extended in accordance with Article 33 of Regulation
(EC) 810/2009, if the holder of the visa has sufficient
means of subsistence and provides evidence of the
existence of force majeure or humanitarian reasons
that prevented from leaving the single Schengen area
before the expiry of the period of validity of the visa
or the authorized length of stay or for reasons of
international obligations based on transnational
agreements. This extension is granted by decision of
the competent bodies of the Ministry of Citizen
Protection. The extension of visas takes the form of
a visa sticker.
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4116 GOVERNMENT GAZETTE
6. In exceptional cases, an entry visa is allowed to be
granted by the competent authorities of the Ministry of Citizen
Protection at border crossing points upon the arrival of the
third-country national at the point of entry, in accordance with
Article 35 of Regulation (EC) 810/ 2009. 7. The national entry
visa is issued with a
validity period of ninety-one (91) days to one (1) year, as
long as the conditions of Regulation (EC) 810/2009 are met
and the necessary supporting documents of the decision of
par. 1 of of article 176.
8. Greek citizens, citizens of other countries of the
European Union or the European Economic Area and citizens
of third countries legally residing in Greek territory may submit
to the Greek consular authorities an "Invitation form with
assumption of responsibility/hospitality for the purposes of
granting an entry visa Schengen to citizens of third countries
for business/professional purposes (Business Invitation)', in
accordance with article 14 of Regulation (EC) 810/2009, in
order to be considered as a justifying document during the
process of granting a Schengen visa. The invitation concerns
third- country nationals who wish to enter the country in order
to participate in meetings, conferences , education and
training seminars, exhibitions, conferences or events of a
commercial and industrial nature, and is submitted in the
event that third-country nationals cannot certify the relevant
conditions themselves.
9. The hearing required for the submission of the application
for the persons concerned by this regulation is determined
by priority, within two (2) working days and, if the application
is admissible, the relevant decision is taken within a period of
fifteen (15) calendar days, in accordance with the provisions
of article 23 of Regulation (EC) 810/2009. 10. For the rest,
the fees are applied proportionally
provisions of Regulation (EC) 810/2009.
CHAPTER C
PROCEDURE FOR GRANTING AND RENEWING
A RESIDENCE PERMIT IN THE GREEK
TERRITORY
Article 8
General conditions of the right of residence The
right of residence of citizens of third countries who legally
enter the Greek territory for one of the reasons provided for
herein is subject to the following conditions:
a) to hold a valid travel document recognized by Greece,
the validity of which extends at least three (3) months after
the last scheduled date of departure, to contain at least two
(2) blank pages and to have been issued within the previous
decade. Especially, for the cases in which the citizen of a third
country becomes incapacitated
Issue A' 81/01.04.2023
to present a valid passport or other travel document, it is
possible, following the opinion of the Article 172 Committee,
to recognize his right of residence as a passport holder, if the
third country citizen specifically and justifiably pleads an
objective impossibility due to special conditions or situations.
When examining the information in the file, the Commission
obligatorily takes into account the degree of integration of the
interested party into the country, b) they hold a valid national
entry visa for one of the reasons herein,
unless otherwise specified, c) they are not considered a
threat for public order, public security or international relations,
and not be listed as
undesirable in national databases for serious reasons of
public order and security for a period exceeding five years. As
criteria for the assistance of reasons of public order and
security, the following are taken into account by the agency
responsible for issuing the residence permit: c) the issuance
of a final conviction for a felony or a misdemeanor with a
prison sentence of at least one (1) year,
cb) registration on the list of undesirable aliens , which
automatically ceases to be valid upon the granting or renewal
of a residence permit, provided that said registration was
carried out for reasons of illegal entry or residence, cg) other
reasons of public order, including
of repeated delinquency, which are specifically mentioned
and justified in the relevant decision and cd) particularly
exceptional reasons, specifically justified,
relating to public safety issues.
The consideration of reasons related to the public order
and security of the country is a prerequisite element during
the initial granting, as well as during the renewal of the
residence permit of the third country citizen, the change of the
category of the residence permit and the inclusion in the
regime of long-term residence permits that's it. For the minor
children of third country citizens, the examination of assistance
for reasons of public order and security may only be carried
out after the completion of their fifteenth (15th) year of age. If
there are reasons of public order and security, the competent
agency may refuse to grant or renew the residence permit.
The presence of reasons of public order and security that
arise after the residence permit has been granted constitute
a reason for its revocation. The competent services of the
Ministry of Citizen Protection are obliged to respond within a
period of two (2) months. The failure of the services to send
an opinion in time does not prevent the issuance of the
decision to grant a residence permit, unless this is specifically
requested by the above services,
d) do not pose a risk to public health. The diseases
that can justify refusal of entry are those provided
for by the World Health Organization and EU law,
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
as well as other infectious, contagious or parasitic diseases,
which require measures to be taken to protect public health.
The finding, after the initial residence permit has been
issued, that the person concerned suffers from a disease
which he contracted after entering the country, is not a
reason for not renewing his residence permit or removing
him from the territory of the country . The Minister of
Immigration and Asylum or the Secretary of the
Decentralized Administration, as the case may be, may
request the third-country national, if there are serious
indications that make it necessary, to undergo a medical
examination within three (3) months from the date arrival,
in order to certify that he does not suffer from any of the
diseases mentioned in this case. These medical
examinations cannot be of a systematic nature,
e) have full health insurance for all risks covered for
foreigners . Citizens of third countries who reside in the
country and have the right to access the labor market , as
well as their family members, as long as they are
supported, are compulsorily insured by the insurance
institution they belong to, depending on the profession they
practice, in the same way as nationals. Citizens of third
countries residing in the country for other reasons are
insured by private insurance companies, as long as there
is no health coverage in Greece by a foreign company.
Children of third-country nationals who legally reside in the
country after reaching adulthood continue to be insured for
health care as indirect members, in the relevant insurance
institution of the parent, in accordance with the health care
insurance legislation applicable to nationals.
Article 9
Categories of residence
permits The categories of residence permits, as well as the types
licenses included in them are the following:
a) residence permits for providing dependent work
(category "E"):
aa. residence permit for the purpose of highly skilled
employment in accordance with Directive (EU) 2021/1883
of the European Parliament and of the Council of 20
October 2021 regarding the entry and residence conditions
of third country nationals for the purpose of highly skilled
employment, and the repeal of Council Directive 2009/50/
EC (L 382) (residence permit type "E.1"),
ab. residence permit in the context of intra-company
transfer in accordance with Directive 2014/66/EU of 15
May 2014 of the European Parliament and of the Council
regarding the entry and residence conditions of third-
country nationals in the context of intra-company transfer
(L 157), which was incorporated into the Greek legislation
with Law 4540/2018 (A' 91) (residence permit type "E.2"),
ag. residence permit for special purpose employment
("E.3" type residence permit),
4117
ad. residence permit for employment upon transfer
(residence permit type "E.4"),
ah right of residence and employment for national visa
holders for the purpose of seasonal work ("E.5" type
residence permit),
ast. residence permit of seasonal workers (permit
residence type "E.6"),
b) right of residence and employment for holders of a
long-term national entry visa (category "G"): ba. digital
nomads
("Z.1" residence permit) (Digital Nomads Visa),
BB. members of artistic groups ( single title type "Z.2"),
ex. intellectual
creators (residence title type "Z.3"), bd. citizens of third
countries who move from a company established in another
member state of the European Union or the European
Economic Area for the purpose of providing a service
(residence permit type "Z.4"),
b. citizens of third countries moving from a company
established in a third country for the purpose of providing
a service ("Z.5" type residence permit),
bst leaders of organized tourism groups (title
residence type "G.6")
see citizens of third countries applying for admission for
sports training (residence permit type "G.7"), b. higher
education students participating in internship programs
against compensation (residence permit type "Z.8"), bth.
Australian citizens participating in the youth
mobility program, in accordance with the Memorandum
of Understanding between Greece and Australia (Work
and Holiday Visa), ratified by Law 4353/2015 (A' 173)
(residence permit type "Z .9"),
b. flight, technical and administrative personnel who
enter the country to cover forest fire extinguishing needs
during the fire fighting season (residence certificate type
"Z.10"), via.
scholars of the American Educational Foundation of
Greece (Fulbright Foundation) (residence title "Z.11"),
living citizens
of third countries who apply for admission (i) to study or
get to know the monastic life of Agioreitis or (ii) to get to
know the monastic life - monasticism (residence certificate
type "Z.12"), c. residence permits
for family reasons (category "O"): c. residence permit
for citizens
of third countries for family reunification according to
Council Directive 2003/86/EC of September 22, 2003 on
the right to family reunification (L 251), which was
incorporated into Greek legislation with the p.d. 131/2006
(A' 143) (residence permit type "O.1"), c. independent
residence permit for family members
according to Directive 2003/86/EC and for family
members of Greek citizens who meet the conditions
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4118 GOVERNMENT GAZETTE
obtaining an independent residence permit (residence
permit type "O.2"),
approx. residence card of Greek family members
(spouse, parents, children, parents and siblings of minor
citizens) (residence permit type "O.3"),
d. residence permits for investment reasons (category
"B"): d.
residence permit of strategic investors ( residence permit
type "B1"), db. residence
permit for making an investment through the establishment
and operation of a business (natural persons, members of
the Board of Directors, shareholders-partners) ( "B2" type
residence
permit ), reg. residence permit for executives of
companies established in Greece, subsidiaries of foreign
companies established in Greece that carry out commercial
activity (shareholders-partners, members of the Board of
Directors, administrators, legal representatives) (residence permit
dd residence permit for financial investments
(residence permit type "B4"), not.
residence permit for investors in real estate (permanent
investor residence permit) (residence permit referred to as
"B5"), e.
residence permits for educational purposes (category
"H"): e .
residence permit for the purpose of studies of Law
4666/2020 (A' 35) amending Law 4251/2014 (A' 80) for the
adaptation of Greek legislation to Directive (EU) 2016/801
of the European Parliament and of the Council of 11 May
2016 on the conditions of entry and residence of third-
country nationals for the purposes of research, studies,
internships, voluntary service, student exchanges or
educational programs and the employment of internal
unpaid assistants (au pairs)
(L 132) (residence permit type "H.1"),
ev. residence permit for the purpose of voluntary service
according to Directive (EU) 2016/801 (residence permit
type
"H.2"), reg. residence permit for the purpose of research in Odis
(EU) 2016/801 (residence permit type "H.3"),
ed. national entry visa that allows temporary residence
for internship according to Directive (EU) 2016/801 ("H.4"
residence permit),
EU. residence permit for vocational training, (studying at
colleges, Vocational Training Institutes, Vocational Training
Schools and Lifelong Learning Centers) (residence permit
type "H.5"),
Est. national entry visa that allows the residence of
citizens of third countries working in a company, which is
established in a third country or in another member state
of the European Union or the European Economic Area,
participating in study programs in Colleges, which provide
exclusivity of studies, based on validation and franchising
agreements with higher educational institutions abroad,
recognized by the competent authorities of the country
where they are based ( "H.6" residence permit),
Issue A' 81/01.04.2023
ez. residence permit for scholars, as well as those
participating in special programs (such as ERASMUS and
State Scholarship Foundation scholars) ( "H.7" type
residence permit),
eh. national entry visa that allows the residence of
students of higher education institutions abroad , who
participate in summer study programs, in accordance with
article 90 of Law 4692/2020 (A' 111) (residence permit type
"H.8") , . residence permit for
studying at the schools and special schools of the Armed
Forces, the Security Forces or the academies and schools
of the Merchant Navy, at training schools for pilots,
engineers and cabin crew members , in Athoniada
Ecclesiastical Academy of Mount Athos, in musical
educational institutions, for learning the Greek language at
a teaching center or a related institution of a higher
educational institution (residence permit type "H.9"), i.
residence
type "B3"),
permit for obtaining a medical specialty (residence
permit type "H.10"), f. residence
permits for humanitarian and exceptional reasons
(category "A"): f. residence permit,
on a case-by-case (ad hoc) basis, for humanitarian
reasons, in particular for i)
citizens of third countries, victims and material witnesses
of criminal acts, victims of domestic violence, victims of
crimes with racist characteristics, sufferers of serious health
problems, victims of work accidents, ii) citizens of third
countries who attend a legally approved treatment program
for mental dependence and iii) citizens of third countries
who, at the risk of their lives, performed acts of social
virtue, contribution and solidarity that promote the values of
humanity (residence permit type "A. 1"),
stb. residence permit for victims of human trafficking
subject to the provisions of the Palermo Protocol ratified by
Law 3875/2010 (A' 158) and not subject to articles 135 to
142 hereof ( "A.2" type residence permit),
stg residence permit for citizens of third countries, who
were employed either under particularly abusive working
conditions or as minors, in accordance with article 89 of
Law 4052/2012 (A' 41) (residence permit type "A.3"),
std. residence permit for (i) adults, unable to take care
of their own affairs due to health reasons or minors who are
demonstrably in need of protective measures and are
accommodated by institutions or other legal entities of
public benefit, if their return to a safe environment is
impossible, (ii) minors , whose custody has been assigned
by a decision of a Greek court or a foreign court, recognized
by the Greek authorities, to Greek families or families of
citizens of third countries with legal residence in the country
or for whom adoption proceedings are pending before the
Greek authorities, as and (iii) minors, who have been placed
in a foster family either by court order or following the
drawing up of a written contract between the natural persons
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
parents or the commissioner or the body that has custody
of the minor with the foster parents ( residence permit type
"A.4"),
stay residence permit for underage guests in the poultry
farms, which operate under the supervision of competent
ministries (residence permit type "A.5"), fs.
residence permit of citizens of third countries for six
religious reasons (residence permit type "A.6"),
pp. residence permits for victims of human trafficking or
illegal immigration according to Directive 2004/81/EC
(residence permit type "A.7"), g. long-term
residence permits (category "M"), g. residence permit for
long-term residents according to Council Directive
2003/109/EC of 25 November 2003 regarding the status
of third- country nationals who are long-term residents (L
16) (residence permit type "M.1"), see ten-year residence
permit (residence permit
residence permit type "M.2") (residence permit type "M.2"),
h. residence permits of citizens of the European Union
and their family members according to Directive 2004/38/
EC of the European Parliament and of the Council of April
29, 2004 regarding the right of citizens of the Union and
their family members to move and to reside freely in the
territory of the member states for the amendment of
Regulation (EEC) 1612/68 and the repeal of Directives
64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75 /
34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/
EEC (L 229), which was incorporated into Greek legislation
with the p.d. 106/2007 (A' 135) (category "N"), i. residence
permits for other reasons (category "I"): i. residence permits
to serve the public
interest (residence permit type "I.1"),
thb. residence permits of (i) adults, over twenty (20) years
old, children of members of the diplomatic and administrative
and technical staff of a diplomatic mission, if they live with
their parents, (ii) adults, over twenty (20) years old, children
consular officers and special consular officers serving in
Greece, as well as (iii) dependent family members ,
members of the first degree of consanguinity, members of
the diplomatic and administrative and technical staff of a
diplomatic mission, as well as consular officers and special
consular officers serving in Greece (residence permit type
"I.2"), residence permits of workers as private servants of
members of diplomatic missions, in accordance with
paragraph h of article 1 of the Vienna Convention of
1961 "On Diplomatic Relations", which was ratified with n.d.
503/1970 (A' 108), who are abroad and invited to Greece
(residence permit type "I.3"), i.d. residence permits for
receiving medical - nursing and palliative care (residence
permit type "I.4"), the. residence permits for Canadian
citizens who participate in the youth mobility program,
based on the Greece-Canada Agreement (Work and
Holiday Visa) ratified by Law 4091/2012 (A' 219)
(residence permit type "I. 5"),
4119
ths residence permits of foreign correspondents
(residence permit type "I.6"),
i.e. residence permits (i) for studying or getting to
know the monastic life of Agiorites or (ii) to get to know
the monastic life - monasticism (residence permit type
"I.7"), the. residence permit of third-country nationals with sufficient
means of living (residence permit type "I.8"),
i. residence permits for reasons of international and
temporary protection (category
"P"): (i) refugee residence permits (type "P.1" residence
permit), (ii) residence permits of beneficiaries of subsidiary protection
(residence permit type "P.2"),
(iii) temporary protection residence permits ( "P.3" type
residence permit),
ya. residence permits of expatriates (category "Y"),
etc. residence permit for expatriates since there is no
possibility of their inclusion in the regulatory framework for
expatriates coming from Albania, Turkey or countries of the
former USSR. (residence permit type "Y.1"), residence
permits of
expatriates coming from Albania, Turkey and the former
USSR. (residence permit type "Y.2"), Dr. residence permit
of expatriate family
members from the countries of the former USSR
(residence permit type "Y.3") and l. special certificate of
legal
residence of par. 4 of article 16 (residence certificate type
"X").
Article 10
Grant of residence permit - Submission of initial
application
1. A citizen of a third country who wishes to obtain one of
the residence permits referred to in article 9 must submit an
application for its grant after entering the country and before
the entry visa expires, unless otherwise specified herein. 2.
The submission of applications for the
granting of an initial residence permit and the supporting
documents, as well as the receipt of any rejection decision
or other documents from the relevant file, are made through
the electronic services of the Ministry of Immigration and
Asylum of article 173 (hereinafter "Integrated Information
System (OPS) "Immigration") by the third country citizen or
by his attorney or by his spouses, ascendants and adult
descendants. The power of attorney is proven in writing by
the authentic signature of the authorizing person by any
public authority. 3. If the application is submitted by an
attorney , the procedure is carried out through the
functionality of the electronic services of the Ministry of
Immigration and
Asylum with the electronic platform of the Plenary of the
Bar Associations of Greece (portal.olomeleia.gr) and the
relevant authorization to the lawyer is uploaded electronically
to the third-country national's application.
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4120 GOVERNMENT GAZETTE
4. The applicant's communication on the issues related
to his application for the granting of a residence permit
is made exclusively through the Integrated Information
System (ISIS) "Immigration" subject to the second
paragraph of par. 6 and Article 17. 5. To submit the
electronic
application, all the fields related to the applicant's
personal and demographic data, his travel document
(except for those without a passport) and his place of
residence must be filled in. The applicant attaches the
supporting documents defined in the decision of par. 1 of
article 176 and submits the required proof of electronic
tax payment, the amount of which is defined in article
171. Persons who have multiple nationalities, which do
not include Greek, are obliged to choose citizenship, as
long as they are equipped with a passport or other travel
document of the country concerned. 6. The electronic
application constitutes a responsible declaration regarding
the content and accuracy of the submitted data, applicable
in the rest of Law
1599/1986 (A' 75). In case of doubt as to the
authenticity or correctness of the content of the submitted
supporting documents, the competent agency may
request the sending of supporting documents in physical
form, as an exception to the electronic procedure . The
above supporting documents are submitted by post
(registered letter) or by courier service with proof of
delivery. 7. The accuracy and authenticity of the details
of the certificate are verified electronically by the
competent public services, either through the
interoperability service of public bodies with
the Integrated Information System (ISIS) "Immigration"
of the Ministry of Immigration and Asylum under article
173, or through a search in the Electronic Process of a
Third Country Citizen File of the same Ministry.
8. After submitting the application, the applicant receives
at the e-mail address indicated in his application:
a) proof of submission of the application, which
includes all the information and documents registered in
the grant application and
b) certificate of application submission, which is valid
until the issuance of the decision to grant the residence
permit or the decision to reject the request. The certificate
of submission of an electronic application for the granting
of a residence permit receives a unique serial number
and contains accurate data and information, according to
which it is possible to verify, in real time (OnLine), the
authenticity and accuracy of its content. It also certifies
that the holder legally resides in the country and
temporarily enjoys the rights that derive from the residence
permit, the issuance of which is requested. The application
submission certificate automatically ceases to be valid
when the decision to grant the residence permit or the
decision to reject the request is issued.
Issue A' 81/01.04.2023
9. The same certificate of application submission is
issued, if it is a request for the initial granting of a
residence permit, when there is no certificate that an
application has been submitted to the relevant insurance
institution for the granting of insurance capacity or a
health certificate from a Greek State Nursing Institution,
where the supporting documents these are required. In
this case, the interested parties must submit the missing
supporting document within an exclusive period of six (6)
months from the submission of the relevant application.
10. After checking the conditions of article 8, the
applicant may be summoned by e-mail to the address he
has declared when submitting the application for an
interview at a specific place and time, before the
Immigration Committee of article 172. The summons he
has sent by e-mail is deemed to have been served after
forty-eight (48) hours have passed since it was sent. If
the applicant does not attend the interview, it is presumed
that there is an unjustified absence and the application is
rejected. 11. By way of derogation from par. 1, a citizen
of a third country, who meets
the conditions for being subject to the provisions of
articles 96 to 100, may submit, through a proxy, an
application for the granting of a residence permit pursuant
to the above provisions, prior to entry of in the Greek
territory. The application is submitted by virtue of a
relevant power of attorney document, which has been
drawn up before a Greek consular authority or a more
competent foreign authority or a notary based abroad
and bears the notation of The Hague [Seal of the Hague
Convention of 5 October 1961 (APOSTILLE)] or
corresponding visa of the competent Greek consular
authority. As long as the supporting documents submitted
are complete, a certificate of application submission is
issued, in accordance with the provisions of par. 8. The
same certificate is also granted in the event that the
presentation of the required supporting documents of par.
e' of article 8 is pending. The applicant must , within an
exclusive period of twelve (12) months from the submission
of the relevant application, to enter the Greek territory
and to submit to the competent service the required
biometric data and the missing supporting document of
para. e' of article 8. The above also includes the
submission of an application for a residence permit, to
the applicant's family members .
Article 11
Procedure for submitting a residence
permit renewal application
1. For the renewal of his residence permit, the third
country citizen must, within a period of two (2) months
before its expiry, submit a relevant application
accompanied by the required supporting documents, as
defined in the decision of par. 1 of article 176. A late
application for renewal of a residence permit may be
submitted up to one (1) month after its expiry. In this case
a fine is imposed
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
in the amount of one hundred (100) euros. The competent
body for the imposition and certification of the present
fine is determined by the decision of par. 26 of article 176.
After the lapse of one (1) month from the expiry of the
residence permit, it is not possible to submit a relevant
application. Overdue applications, beyond the month, will
not be accepted, unless there are demonstrable reasons
of force majeure.
2. The submission of applications for the renewal of a
residence permit, the submission of supporting documents
and the receipt of the rejection decision or other documents
from the relevant file are done through the Integrated
Information System (ISIS) "Immigration" of the Ministry of
Immigration and Asylum .
3. The applicant's communication on the issues related
to his application for the granting of a residence permit is
made exclusively through the Integrated Information
System (ISIS) "Immigration" subject to the second
paragraph of par. 7 and Article 17. 4. If the application is
submitted by a
lawyer , the procedure is carried out through the
functionality of the Integrated Information System (ISIS)
"Immigration" of the Ministry of Immigration and Asylum
with the electronic platform of the Plenary of the Bar
Associations of Greece (portal.olomeleia.gr) and the
relevant authorization of the lawyer is uploaded
electronically to the third country citizen's application. 5.
Renewal applications, when submitted electronically, are
accompanied by the required
proof of electronic fee payment, where this is required
by the relevant provisions of this Code. 6. In order to
submit the electronic renewal application, all the fields
relating to the applicant's personal/demographic data, his
travel document
(except for those without a passport) and his place of
residence must be filled in. 7. The applications are
accompanied by the appropriate supporting documents
provided for in the decision of par. 1 of article 176. In case
of doubt as to the authenticity or correctness of the
content of the
submitted supporting documents, the competent
agency may request the sending of supporting documents
in physical form, in derogation of the electronic procedure .
The above supporting documents are submitted by post
(registered letter) or by courier service with proof of
delivery. 8. The electronic application constitutes a
responsible declaration , in terms of the content and
accuracy of the submitted data, with the application, in
the rest, of the provisions on the submission of a false
responsible declaration, in accordance with
Law 1599/1986 (A' 75 ).
9. As long as the registered information is confirmed
by the applicant, the final submission of the electronic
application is completed. The date of submission of the
application is considered the final date
4121
submitting this through the electronic platform of the
Ministry of Immigration and Asylum.
10. After submitting the application, the applicant
receives at the e-mail address he/she has stated in his/
her application: a) proof of submission of the application,
which includes all the information and documents
registered in the grant application and b) a document ,
which serves as a confirmation of application submission,
which is valid until a decision to grant or reject is issued.
The above document receives a unique serial number
and contains accurate data and information, according to
which it is possible to establish, in real time (OnLine), the
authenticity and accuracy of its content, it constitutes a
certificate of submission of an electronic application for
the granting of a license residence permit and certifies
that its holder resides legally in the country and enjoys
the rights that derive from the residence permit, the
issuance of which he is requesting. The certificate of
application submission automatically ceases to be valid
when a decision to grant the residence permit or a
decision to reject the request is issued. 11. The accuracy
and authenticity of the details of the
certificate are verified electronically by the competent
public services, either through the interoperability service
of public bodies with the Integrated Information System
(ISIS) "Immigration " of the Ministry of Immigration and
Asylum of article 173, or through a search in the Ministry's
Third Country Citizen File Electronic Process.
Article 12
Possibility of changing the residence permit
category
1. An application for a change of residence permit
category is taken into account and examined when the
applicant already resides in the Greek territory as the
holder of a valid residence permit or long-term visa, unless
the change of category is not allowed based on more
specific provisions of present.
2. Citizens of third countries who reside legally in the
country with a permanent residence permit may switch to
the category of residence permit for family reasons
"residence permit type O", if: a) they
enter into a marriage or cohabitation agreement with a
Greek or a citizen of a third country who resides legally
in the country, b) have a child with a Greek, who has
Greek citizenship,
c) become direct descendants of a citizen of a third
country who acquires Greek citizenship, as long as they
are
supported by him, d) become an adult descendant of a
citizen of a third country who acquires Greek citizenship,
as long as they are supported from him.
3. Citizens of third countries who reside legally in the
country with a permanent residence permit or a long-term
visa may transfer to any category of this Code, with the
exception of the holders of a permanent residence permit
in par. 5 (residence permit
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4122 GOVERNMENT GAZETTE
type "I.5") and 7 (residence permit type "I.7") of
article 163. Citizens of third countries who enter from
another member state of the European Union with
the procedure of mobility, as long-term residents
according to Directive 2003/109/EC, they may apply
for the residence permit of paragraph 1 of article 153.
Subject to more specific provisions herein, residence
permits for dependent work that are renewed must
meet the terms and conditions concern workers who
enter the country through the admission procedure
of article 27. Citizens of third countries are hereby
exempted from the obligation to leave the country, in
order to apply for the issuance of the prescribed entry
visa for the category of residence permit to which
they wish to transfer and do not fall under the
provisions on admission volumes of article 26.
4. Citizens of third countries who have entered the
Greek territory, either with a uniform entry visa, or
with a visa exemption regime, may, in derogation of
paragraph b of article 8, apply for a residence permit
for highly skilled employment ( residence permit type
"E.1" - "EU Blue Card"), provided they present a
relevant employment contract. The application is
submitted before the end of the permitted period of
stay. The job position occupied by the citizen of a
third country is counted in the number of jobs
provided for in the Act of the Council of Ministers of
article 26. 5. Citizens of third countries who enter
Greece
under Chapter A of Part F for the purpose of
studies or research may, after the completion of
studies or research, remain in Greece for a period
of one (1) year, in order to: a) seek employment as
highly skilled workers, in accordance with Chapter B'
of Part B or b) to set up a business, in accordance
with article 97. Article 94 does not apply to the
issuance of the residence permit type "B.2" of article
97. 6. Citizens of third countries who have entered
under Chapter C' of the Part B'
in the context of an intra-company transfer as
managers or specialized employees , they can apply
for a residence permit for highly skilled employment
( residence permit type "E.1" - "EU Blue Card"), if the
conditions provided for in Chapter B' of Part B'. 7. A
citizen of a third country, as well as the members of
his family, who meet the conditions of par. 1 of article
68 and have entered the
Greek territory either with a uniform visa or with a
visa exemption regime, have the possibility, within
the during this period of validity, to submit to the
Directorate of Foreigners and Immigration of the
decentralized administration of their place of
residence, an application for the granting of the
residence permit of par. 8 of article 163 (residence
permit type "I.8"). In this case, apart from the
supporting documents of paragraph 2 of article 68,
Issue A' 81/01.04.2023
applicants also submit a residential lease or property
purchase contract in Greek territory.
Article
13 Duration of validity of
residence permits 1. The duration of validity of
the initial residence permit is set at three (3) years
with the possibility of equal renewal, unless otherwise
specified herein. 2. The duration of the residence
permit of minor children of third-country citizens,
under six (6) years of age, is the same as the
residence permit of the supporting parent within the
meaning of Chapter A' of Part D'. Its validity is
interrupted upon the completion of the sixth year of
the minor's age and it is renewed in accordance with
the present, after fingerprints have previously been taken.
Article
14 Method of issuing residence
permits 1. Residence permits of a uniform type for
citizens of third countries are issued in the form of an
independent document, in accordance with par. 1 of
article 1 of
Regulation (EC) 1030/2002. 2. Pursuant to Article
4A of Regulation (EC) 1030/2002, the physical body
of residence permits has an electronic storage
medium containing biometric data, i.e. one (1) recent,
color, digital photograph and fingerprints of the two
(2) ) of
indicators. 3. Each residence permit shall state
whether access to the labor market is permitted,
subject to more specific regulations
herein. 4. Competent services for receiving the
digital photograph, taking the fingerprints and
checking the response of said biometric data to the
specifications defined by the above Regulation are:
a. the Directorate of Residence Permits
of the Ministry of Immigration and Asylum for the
permits issued by decision of the Minister of
Immigration and Asylum, b. the Aliens and Immigration
Directorates of the Decentralized Administrations
for residence permits issued by decision of the
Secretary of the Decentralized Administration.
The competence of the services of para. a' and b',
regarding the taking of fingerprints and the control
of compliance of these data with the specifications
defined by the Regulation, as well as the transfer of
the data to the above services may be assigned to
external provider,
c. The Hellenic Police and the Coast Guard -
Hellenic Coast Guard are only responsible for taking
fingerprints and checking these data based on the
specifications defined by the Regulation. d. The
biometric data of the digital
photograph can be received and checked by other
agencies within the framework of the programming
agreements of par. 5 of article 2 of Law 4018/2011
(A' 215).
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
5. The digital photograph that meets the technical
specifications of passport photographs , as determined
by the ministerial decision issued pursuant to par. 3 of
article 1 of Law 3103/2003 (A' 23), is submitted
electronically together with the other supporting
documents during the stage of submitting the relevant
application. The Department of Residence Permits of
the Ministry of Immigration and Asylum and the Aliens
and Immigration Services may request the submission
of a new photograph if they find that the one submitted
does not meet the prescribed technical specifications.
6. Taking fingerprints is mandatory from the age of
six (6). Persons who are unable to provide fingerprints
for physical reasons are exempted from the relevant
obligation. The permanent or temporary inability to take
fingerprints is proven by a medical certificate, which
bears the signature of a specialist doctor corresponding
to the confirmed condition. When the temporary inability
to take fingerprints ceases , par. 7 applies accordingly.
The service for receiving biometric data receives and
encrypts the fingerprints of the index finger from the
two (2) hands of the applicant, in accordance with the
national technical specifications in force for passports,
as defined in the ministerial decision, issued pursuant
to paragraph 3 of article 1 of Law 3103/2003.
7. The third-country national is competently invited
to submit to a fingerprinting procedure on a specified
date. In case he does not appear, he is called again
and if he does not appear, his application is rejected. If,
prior to the issuance of the residence permit or during
its validity, significant changes occur to the biometric
data that make it impossible to identify the person, the
third-country national concerned is obliged to inform
the authority responsible for issuing the residence
permit in person and without delay , in order to reissue
it for the remainder of its validity period. 8. Biometric
data are used exclusively to serve the purposes of
Regulation (EC)
1030/2002, i.e. to check the authenticity of the
document and the identity of the holder with the person
in whose name the title has been issued, and are kept
encrypted, for as long as the relevant residence permit
is valid, in the central database of the Ministry of
Immigration and Asylum , while a copy of the data
relating to the printed residence permits is kept under
the same conditions by the entity to which the printing
has been assigned. Access to said data is permitted in
accordance with the provisions of Law 4624/2019 (A'
137). The submission of the application for the granting
or renewal of a residence permit implicitly assumes the
consent of the applicant for the retention and processing
of his biometric data for the fulfillment of the above
public purpose, which cannot
4123
to be revoked during the period of validity of the permit
or until the time of their destruction, in accordance with
the decision of par. 22 of article 176. 9.
When receiving a new residence permit, after its
renewal or reissuance, the previous permit must be
surrendered to the agency responsible for issuing the
new license and is destroyed.
10. Residence permits are replaced in case of loss,
theft, damage or alteration of their details. The validity
period of the new documents is identical to the validity
of the previous ones. For the replacement of said
documents, the fees and charges provided for in article
171 shall be paid by the applicant. 11. The regulations
herein apply to all categories of definitive legal
residence documents (permits and cards) of third-
country nationals issued following an application
examined by the services of the Ministry of Immigration
and Asylum or the Decentralized Administrations of
the country, excluding cases regulated by articles 64,
67, 164, 165 and 166.
Article 15
Application rejection - residence
permit
revocation 1. The residence permit is not granted or revoked or
is not renewed if:
a. the conditions of the Code are not met or are no
longer met, b. proved
by an official document of a competent Greek
authority that false or misleading information, forged
or falsified documents were used for the issuance of
the residence permit or that fraud was committed in any
way or that other illegal means were used, c. the
applicant does not
respond, within a period of two (2) months, to a
written summons for any issue concerning the process
of issuing the residence permit,
d. it is proved that the applicant is registered in the
National List of Undesirable Aliens for serious reasons
of public order and security and his application for the
deletion of his registration in the above list has been
rejected , in accordance with the joint ministerial
decision of par. 1 of of article 82 of Law 3386/2005 (A'
212), e. the relevant
representative of the known religion in Greece informs
the Ministry of Education and Religious Affairs in
writing that the persons referred to in paragraph h of
article 59 no longer exercise exclusively priestly duties.
The Ministry of Education and Religious Affairs forwards
the relevant document to the Directorate of Residence
Permits of the Ministry of Immigration and Asylum or to
the relevant departments of the decentralized
administrations of the country, as the case may be, for
the revocation of their residence permit.
2. If the granted residence permit is revoked or a
request for granting or renewing a residence permit is
rejected, the relevant services shall issue a return
decision, in accordance with article 21
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4124 GOVERNMENT GAZETTE
of Law 3907/2011 (A' 7). Against the above return
decision , the interested party has the right to appeal in
accordance with article 24 of the Code of Administrative
Procedure [law. 2690/1999 (A' 45)] within an exclusive
period of two (2) months from the service of the decision,
in accordance with paragraph 1 of article 28 of Law 3907/2011.special certificate of legal residence who reach adulthood
Article 16
Procedural guarantees
1. The administrative acts issued pursuant to this are
not subject to legality appeals . 2. A request for
treatment
against a decision to reject an application for the
granting of a national entry visa, as well as a decision to
reject an application for granting or renewing or revoking
a residence permit issued pursuant to this, shall not be
considered, if submitted after two (2) months have
passed from the delivery of the decision. Treatment
requests are accompanied by a fee of fifty (50) euros.
The request for treatment is submitted to the service that
issued the relevant decision, which decides on it within
a deadline of thirty (30) days from its submission. 3.
Against the decision to reject the application for the
granting of a
residence permit, its revocation or non-renewal ,
issued pursuant to this, an application for annulment
shall be filed before the competent administrative court ,
pursuant to Article 57 of Law 4689/2020 ( A' 103). 4. To
a citizen of a third country for whom a suspension
decision
or a temporary suspension order has been issued by
the Administrative Court of First Instance on an
administrative act against which he has applied for
annulment and concerns: a) the rejection of a request to
renew a residence permit and b) the revocation of an
issued permit for overstaying, a special certificate of
legal residence is granted (residence certificate type
"X"). The special certificate
of legal residence constitutes a temporary title of
residence, it has a duration of one year, it can be
renewed for an equal period of time each time until the
issuance of a decision on the pending application for
annulment by the Administrative Court, and it provides
its holder with rights of a corresponding category to
which the residence permit concerned, which has been
revoked or not renewed. The special certificate of legal
residence of par. 4 is not granted during the period of
validity of the extension of voluntary
departure. 5. Paragraph 4 applies accordingly to
citizens of third
countries who: a) are released from prison with
restrictive conditions for the observance of which a stay
in the country is required, b) a restrictive condition is citizen concerned, with the exception of those who have
imposed on them at the stage of either the criminal pre-
trial process or the execution of a relevant judicial
decision, the observance of
which requires a stay in the country. The special
certificate of legal residence is also granted to the
protected members, citizens of third countries subject to par."B.2"),
Issue A' 81/01.04.2023
they had a residence permit for reasons of family
reunification, as well as minor children born in Greece,
regardless of whether they were born before or after the
issuance of the rejection or revocation decision of the
maintenance provider. The children of holders of a
are granted a full residence permit.
6. The application for the granting of the special
certificate of legal residence (residence certificate type
"X") of par. 4 is submitted to the agency that issued the
relevant decision . The application for the granting of the
special certificate of par. 5 is submitted to the aliens and
immigration service of the decentralized administration
of the applicant's place of
residence. 7. The residence permit issued in
compliance with final court decisions, following a request
for cancellation by a third-country citizen upon rejection
of his request for renewal of a work or residence permit,
as well as against the revocation of these, may be
renewed, following a request by the person concerned
for one of the other reasons of this Code. This application
is submitted within one (1) month from the service of the
relevant residence permit, in accordance with the
provisions herein. The time that has passed from the
expiry of these until the submission of the above
application for their renewal is considered as the time of
legal residence in
the country. 8. During the adjudication in the first
instance of annulment disputes, which arise pursuant to
the application of the legislation on foreigners in general,
the administration is represented by an employee
specially authorized for this purpose . In those cases
where reasons are raised regarding issues of conflicting
text provisions with the Constitution, the Union or
international law or when it comes to cases of particular
seriousness or of wider interest, the administration,
following its previous written request, may be represented
by a member of the Legal Council of the State. Against
the issued decisions, an appeal is brought by a member
of the Legal Council of the State.
Article 17
Performance procedure
1. The residence permit is delivered to the applicant
by the department responsible for its issuance of the
Decentralized Administration or by the competent
department of the Ministry of Immigration and Asylum
with proof of service and a copy of the relevant decision.
When receiving the permit, whether it is carried out in
person or through a proxy, the recipient must bring a
passport or other travel document of the third country
been found to be objectively unable to produce a
passport. The above obligation excludes the service of
residence permits to proxies , in the case of citizens
who have applied for a residence permit as investors, in
accordance with articles 97 ( residence permit type
4 and 98
this,(residence
who are permit type "B.3 »)
Machine Translated by Google
Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
or 100 (permanent investor residence permit type
"B.5"), for which the presentation of a certified copy
of the passport is accepted. A condition for the service
of the decision to accept a request for a residence
permit is the presentation by the interested party of
the certificate of deposit.
2. In the event that the interested party is not found
or does not appear , in order to receive the issued
residence permit, the relevant permit is held up to
one (1) month after its expiration and can be served
to him, if he or a legal representative attends his
silence for its receipt, within the specified period of
time. After the expiration of the above deadline and
within a reasonable period of time, an exact copy of
the relevant decision of the relevant Secretary of the
Decentralized Administration or the Minister of
Immigration and Asylum may be granted , only if the
interested party invokes a legal interest. The above-
mentioned service of an exact copy of the decision
does not entail the possibility of renewing the
residence permit, unless it is proven that the untimely
service of the residence permit is due to force
majeure. 3. The
service of rejection decisions or decisions to revoke
residence permits, with integrated return decisions,
or decisions on the treatment requests of par. 2 of
article 16 is carried out by the competent service of
the Decentralized Administration or the competent
department of the Ministry of Immigration and Asylum.
A copy of the relevant decision shall be delivered no
later than ten (10) days after its issuance. The service
is carried out through the Integrated Information
System (ISIS) "Immigration" to an electronic address
declared by the applicant or his representative. If it is
not possible to
serve the above decisions in accordance with the
third paragraph, the service is carried out: a) by
electronic
mail, to an address that the applicant has declared
to the competent agency or to an address that has
been declared by his attorney, or
b) to the applicant or his attorney, hereby
in person, or,
c) by registered letter sent by post to the declared
address of residence, personally to him or to his
attorney, in accordance with the provisions in par. 3
of article 10, when it is not possible to carry out
service in accordance with par. a' or b'. The decision
to be served that has been transmitted using
Information and Communication Technologies (ICT)
to the electronic address of the applicant as stated
above, is deemed to have been served after forty-
eight (48) hours have passed from the electronic
sending of the . 4. The
information about the receipt of the permit is
processed through the Integrated Information System
(ISIS) "Immigration", at the electronic address
declared by the applicant or his representative. When
it is not possible to update through it
4125
Integrated Information System (ISIS) "Immigration",
this is carried out by any suitable means.
5. After the expiry of the service deadline of par. 3,
the interested parties are given a copy of the relevant
decision to reject or revoke a residence permit.
Article
18 Common rights of citizens of third
countries 1. Citizens of third countries legally
residing in the country have freedom of movement
and establishment
throughout the territory. 2. Citizens of third countries
who reside legally in Greece and have access to the
labor market are insured in the relevant insurance
organizations and have the same insurance rights
and obligations as nationals, based on the current
social insurance legislation. 3. The
n.d. 57/1973 (A' 149) on social protection, also
applies to citizens of third countries who reside
legally in Greece. The n.d. 162/1973 (A' 227,
correction of errors A' 298), article 22 of Law
2646/1998 (A' 236), as well as the regulatory decisions
that have been issued under their authority, also
apply to citizens of third countries , who are granted
a residence permit for humanitarian reasons.
4. Detained citizens of third countries are informed,
in a language they understand, immediately after
being admitted to a detention center, about the rules
of their living there, as well as about their rights and
obligations. It also facilitates their communication
with diplomatic or consular officials of the state of
which they have citizenship or from which they come,
as well as with their attorneys.
5. The acts of Articles 1 and 2 of Law 927/1979 (A'
139), on criminalization of acts or actions aimed at
racial discrimination, and Article 11 of Law 4443/2016
(A' 232), on implementation of equal treatment of
persons regardless of their racial or ethnic origin,
they are prosecuted ex officio.
6. The validity of the residence permit, subject to
more specific regulations herein, is not affected by
temporary absences that do not exceed six (6) months
per year nor by absences of longer duration to fulfill
mandatory military service or by an absence of twelve
(12 ) of a maximum of consecutive months for
serious reasons, in particular pregnancy and
maternity, serious illness or studies or professional
training in another member state of the European
Union or a third country or if he was transferred
outside the territory as victims of the acts of articles
323A of of the Criminal Code, if there is a relevant
act of characterization by the competent Prosecutor
of First Instance.
7. Minor citizens of third countries, who reside in
Greek territory, are subject to compulsory school
attendance, just like nationals. The minors
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4126 GOVERNMENT GAZETTE
citizens of third countries studying at all levels of education
have, without restrictions, access to the activities of the
school or educational community. 8. For the registration of
minor
citizens of third countries in Greek schools, of all grades,
the corresponding supporting documents are required as
provided for nationals. Exceptionally, children of citizens of
third countries may be enrolled in public schools with
incomplete supporting documents, provided that: a. are
protected by the Greek state as
beneficiaries of international protection, b. are citizens
of third countries who are
entitled to temporary protection in accordance with
articles 119 to 146 of Law 4939/2022 (A' 111), c. have
submitted an application
for international protection, d. are citizens of third
countries residing in Greece, even if their legal residence
in Greece has not been regulated. 9. Subject to more
specific provisions,
citizens of third countries who have graduated from
secondary education in Greece, have access to higher
education, under the same terms and conditions, as
nationals. 10. For the exercise of any professional activity
by citizens of third countries, and as long as
the other legal conditions are met, the presentation of a
certificate of reciprocity is not required.
Article 19
Obligations of citizens of third
countries 1. The citizen of a third country, during his
stay in Greece, is obliged to declare, through the electronic
services of the Ministry of Immigration and Asylum, to the
competent services:
a. any change of his residential address, b. any change
in his personal situation, in particular the change of
citizenship, the conclusion, dissolution or annulment of a
marriage or cohabitation agreement or the birth of a child,
c. the
loss or the renewal or change of the details of his
passport or other travel document , d. the loss of the permit
or
residence or permanent residence card. The application
for the reissuance
of a residence permit, of all categories, with the exception
of those exempted from the obligation to pay the fee, is
accompanied by a fee of one hundred (100) euros. 2. A
citizen of a third country, holder of a residence permit,
must leave without further notice until the last day of its
expiration, unless before its expiration he has submitted an
application for its renewal and has been granted the
certificate of par. 10 of article 11.
3. The public documents issued by foreign authorities,
which are required by the provisions herein, are authenticated
by the notation of the Hague Convention, where it is
required. If not
Issue A' 81/01.04.2023
notarization is required, these documents bear the
validation of the original signature of the foreign body by
the Greek consular authority or the Greek Ministry of
Foreign Affairs.
4. Changes to the information written on all types of
residence permits or residence cards issued pursuant to
this are only possible if this has been done on the passport
or equivalent travel document by the competent foreign
authorities. The declaration of the interested party to
change his identity details in the residence permits or
residence cards issued pursuant to this is also accompanied
by the relevant official documents - certificates and decisions
of the foreign Authority, legally translated and certified as to
their validity and truthfulness their content , following an
identity check by the relevant services for issuing residence
permits .
Article 20
Sanctions of citizens of third countries
1. The declarations of paragraph 1 of article 19 are made
within two (2) months after the corresponding event
occurs , except in the case of passport renewal, which can
be made up to the date of submission of the application
for renewal or reissuance of the residence permit , as well
as the declaration of the birth of a child, which can be made
within two (2) years of its birth. Third country citizens, who
do not fulfill their obligations, are subject to a fine of one
hundred (100) euros and, in the event of a recurrence, of
two hundred (200) euros. The competent body, as well as
the procedure for certifying the fine, are determined by the
decision of par. 26 of article 176. 2. A citizen of a third
country who violates the deadline for voluntary departure of
article 22 of
Law 3907/2011 (A' 7) or in any other case resides
illegally in the country for a period of time that does not
exceed thirty (30) days, he is obliged upon departure to pay
as a fine four times the prescribed fee for an annual
residence permit . If the time of illegal stay is longer than
thirty (30) days, he is obliged to pay eight times the
prescribed fee for an annual residence permit. 3. The
following are exempt from the imposition of fines: a) minors ,
b) those who have the status of expatriates, c) those who
have the status of the spouse or parent of a national,
expatriate or citizen of the European
Union, d) those who are part of procedures and programs
voluntary repatriation, e) those who violate the legal time of
their stay in the Greek territory for reasons of force majeure,
as long as they depart within thirty (30) days from the
elimination of the event. The police authority that carries
out the foreigner's departure control decides on the
assistance of the reason for exception in each case .
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4127

4. In the event that it is proven by an official place of residence of the person concerned or in
document of a competent Greek authority that false general when the foreigner concerned can prove that
or misleading information, forged or falsified he has left Greek territory in full compliance with the
documents were used for the issuance of the measure of ban on entry or residence imposed on
residence permit, or that fraud was committed in any him.
way or that other illegal means were used, the 3. Directors of prisons and detention centers are
applicant citizen of a third country country is not obliged to receive and keep passports or other
entitled to re-submit an application for granting or documents proving the legality of residence, as well
renewing a residence permit before five (5) years as the identity of detained third-country nationals.
have passed from the date of submission of his previous application.
These documents are returned upon dismissal of the
third-country national. If the citizen of a third country
Article
does not have the above documents, the above
21 Obligations of services and officials must immediately notify the nearest police
authority or the nearest service of the Decentralized
employees - Sanctions 1. Public services, legal Administration. 4. The employees of the
entities under public law, local self-government above services and organizations who violate par.
organizations, public utility organizations and 1 and 2 are subject to disciplinary action and are
enterprises and social security organizations are punished, in accordance with the provisions of the
obliged not to provide their services to citizens of a Criminal Code, for breach of duty.
third country, who do not have a passport or other
travel document recognized by international Article
conventions and a valid entry visa or residence permit 22 Obligations of notaries
and generally do not prove that they have entered 1. When drawing up notarial acts, in which the
and reside legally in Greece. Citizens of third countries contracting parties or participants in any way are
who are objectively deprived of a passport are granted citizens of third countries, who appear in person or
the right to transact with the services of the first declare residence or residence in the country, the
territory with only the presentation of their residence notaries are required to establish that they have an
permit. 2. From the provisions of paragraph entry visa or residence permit or a certificate of
1, the following are excluded: a) hospitals, clinics paragraph b of paragraph 8 of article 10 or paragraph
and clinics in the case of third-country nationals who b of paragraph 10 of article 11 and make a relevant
are admitted on an emergency basis for hospitalization, reference in their act. 2. Excluded are
childbirth and for minor children, as well as the social the cases of drawing up powers of attorney to
care structures that operate lawyers, in order to represent citizens of third countries
in the context of the OTAs, b) the consideration of before judicial and administrative authorities, as well
the original signature of foreign nationals for as the drawing up of notarial acts concerning the
authorization to lawyers, in order to represent them recognition of a child out of wedlock who has not
before judicial authorities and on the condition that reached the third year of age , when one of the
their identity is proven, from any public document , parents is Greek or a citizen of another member state
c ) complaints of the European Union or a citizen of a third country
or appeals to competent courts or administrative legally residing in Greece.
authorities, illegally employed citizens of third
countries, in accordance with articles 83 and 86 of Article
Law 4052/2012 (A' 41). Articles 83 and 86 of Law 23 Obligations of employers and
4052/2012 are applied proportionally in the case of employees of third-country
seasonal workers, d) nationals - Sanctions 1. It is not permitted to hire
the transaction of citizens of third countries who are and employ third-country nationals who do not meet
subject to voluntary departure or extension of the or no longer meet the conditions for legal residence in
period of voluntary departure in accordance with Greece. 2. It is not allowed to recruit and employ
Article 36 of Law 3907 /2011, third country citizens whose residence permit or entry
e) the submission of applications to the competent visa (visa) they hold does not give them the right to
services for granting residence permits for access the labor market or who are holders of a
certificate
humanitarian and exceptional reasons (residence permit type "A"), of submission of supporting documents
f) the designation of article 15 of Law 1438/1984 (A' referred to in paragraph b of par. 8 of article 10 or
60) when the parents, citizens of third countries, lack paragraph b of paragraph 10 of article 11 for a
legalization documents, g) residence permit, which does not provide access to
the submission of applications for the purpose of the labor market. If the drawing up of the work
deletion from the National List of Undesirable Aliens contract, provision of services or project is a condition
and the Schengen Information System , as long as for the granting of the residence permit, the validity of
these are submitted through the Greek consular authorities
the contract is subject to the deferral condition of the granting of a co
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4128 GOVERNMENT GAZETTE
3. Employers who violate par. 1, in addition to the other
sanctions provided for by the legislation, shall be subject
to the sanctions provided for in Law 4052/2012 (A' 41).
4. Employers who violate par. 2, in addition to the other
penalties provided for by the legislation, are subject to a
fine of one thousand five hundred (1,500) euros for each
legally resident but illegally employed foreigner. If these
violations are established by the Labor Inspectorate, the
fine is imposed by reasoned act of the competent body of
the competent Regional Directorate of Labor Relations
Inspection or the Regional Directorate of Safety and Health
or of the inspecting Special Labor Inspector based on
article 24 of Law 3996/2011 (A' 170). If the specific
violations are established by the control services of the
Decentralized Administrations or notified to them by other
control mechanisms, such as the Greek Police , then the
monetary fine is imposed by decision of the Secretary of
the Decentralized Administration. 5. When the violation of
this is done with the purpose of promoting third country
citizens to prostitution, apart from the other penalties
provided by the current legislation, the employer is
punished with imprisonment of at least two (2) years and a
fine of at least six thousand (6,000 ) euro. If the victim is a
minor, he is punished with imprisonment of up to ten (10)
years and a fine of ten thousand (10,000) to fifty thousand
(50,000) euros. The culprit is punished with imprisonment
and a fine of fifty thousand (50,000) to one hundred
thousand (100,000) euros if the crime was committed: a.
against a person younger than fifteen (15) years old, b. by
fraudulent means, c. by the ascendant relative by blood or
by blood or by an adoptive parent, spouse, guardian or
by another to whom the minor has been entrusted for
upbringing, teaching,
supervision or custody, even temporarily, d. by an
employee who, in the exercise of the in his service or
benefiting from his capacity, commits or participates in any
way in the act. The above offenses are considered in any
case automatic. The issuance of an irrevocable
conviction is notified, by the competent prosecutor's office,
to the Secretary of the Decentralized Administration , within
one (1)
month of its issuance. The latter is obliged, within one
(1) month from notification of the decision, to withdraw the
operating license of the shop or business where the offense
was committed, for a period of at least twelve (12) months,
and may, taking into account the circumstances, to proceed
with the final removal of the operating license. 6. For the
employment of citizens of third countries by natural or legal
persons who contract with the Ministry of National Defense,
the approval of the military authority is also required.
Issue A' 81/01.04.2023
7. For the employment of citizens of third countries by
natural or legal persons contracted or supervised by the
Ministry of Foreign Affairs, the approval of the competent
department of the Ministry of Foreign Affairs is also
required. 8.
Employers must inform the services of the relevant
decentralized administrations of any change in the seasonal
worker's accommodation. If, during inspections, it is found
that no suitable accommodation has been provided or that
the accommodation provided does not meet the required
health and safety standards, on the one hand a fine of one
thousand five hundred (1,500) euros is imposed on the
employer , on the other hand the employer is excluded
from the possibility to transfer a seasonal worker for the
next five (5) years.
9. Employers, who have breached their obligations
during a previous transfer for seasonal workers, cannot
submit a new request for the transfer of a third-country
national before the expiration of a period of three (3) years
from the date of ascertainment of the initial violation. If the
employer has breached his obligations according to the
above, the competent aliens and immigration service
revokes the relevant act of approval and immediately
informs the competent Greek consular authority of its
actions.
10. In the event of revocation of the entry visa for the
purpose of seasonal work for one of the reasons of sub-
para. ag', ad', az' of par. a' of par. 8 of article 64, articles
81 to 85 of Law 4052/2012 apply and the employer is
obliged to pay compensation to the seasonal worker. The
liability covers all outstanding obligations which the
employer would have had to have respected if the entry
visa for the purpose of seasonal employment had not
been revoked. 11. If the employer is a subcontractor, who
violated the provisions herein, and since the main
contractor and each intermediate subcontractor have not
undertaken due diligence obligations, the main contractor
and each intermediate subcontractor: a) is subject to the
sanctions of par. 8, 9 and 10, b) pays any compensation
due to the seasonal worker, in accordance with
par. 10 hereof and article 85 of Law 4052/2012, c) pays
any arrears owed to the seasonal worker, in accordance
with the articles 81 and 85 of Law 4052/2012.
12. The employer must keep the employment contract
of article 63, signed by him and the employee for five (5)
years from the date of its signature and when an audit is
carried out, show it to the competent audit bodies.
Article 24
Obligations of individuals and employees
- Sanctions
1. It is prohibited to rent real estate to a third country
citizen who does not have a passport or other travel document
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
document recognized by international conventions
and a valid entry visa or residence permit.
2. A monetary fine of one thousand five hundred
(1,500) euros to three thousand (3,000) euros is imposed
on the persons who violate par. 1, by decision of the
Secretary of the Decentralized Administration.
3. To the persons who submit inaccurate declarations
or certifications provided for in this law and in the
delegated regulatory acts, as well as to the citizens of
third countries, who hold a residence permit, but provide
dependent work or services or work or exercise
independent the economic activity, without the required,
respectively , residence permit or approval to access the
labor market, a fine of one hundred and fifty (150) euros
is imposed. 4. Whoever facilitates the entry into or exit
from Greek territory
of a citizen of a third country, without undergoing the
control provided for in article 5, shall be punished with
imprisonment of up to ten (10) years and a fine of at
least twenty thousand (20,000) euros. If the above
acted for profit or by profession or by habit or the crime
is committed by two (2) or more together, a minimum of
ten (10) years imprisonment and a fine of at least fifty
thousand (50,000) euros shall be imposed. 5. Whoever
facilitates the illegal stay of a citizen of a third country
or hinders the investigations of the police
authorities to locate, arrest and deport him, shall be
punished by imprisonment of at least one (1) year and
a fine of at least five thousand (5,000) euros. If the
above acted out of profiteering, a prison term of at least
two (2) years and a fine of at least ten thousand (10,000)
euros shall be imposed. Whoever invites persons with
a "Business Invitation" to Greek territory, in accordance
with par. 8 of article 7, with the aim of violating
immigration legislation and the European provisions of
the Schengen acquis concerning entry and residence
of citizens of third countries.
6. Anyone who illegally possesses or uses a genuine
passport or other travel document of another person, is
punished by imprisonment of at least six (6) months and
a fine of at least three thousand (3,000) euros. The
same penalty applies to anyone who withholds a
passport or other travel document belonging to another
person or refuses to hand it over to the competent
agency. Anyone who possesses or uses a forged
passport or other travel document is punished with the
same penalty.
7. The head of a travel or immigration office or anyone
else who submits on behalf of a third party to the
competent authority supporting documents for the
issuance of a travel document, with information that
does not correspond to the identity of that person, shall
be punished by imprisonment of at least one (1) year
and a fine of at least ten thousand (10,000) euros. He is
also punished with the same penalty, on his behalf
4129
to which the supporting documents are submitted. By
decision of the relevant Regional Governor, a three-
month withdrawal of the office's operating license is
imposed and, in case of recurrence, a definitive
withdrawal of this license.
Article 25
Obligations of carriers - Sanctions 1.
Masters or commanders of ships, watercraft or
airplanes and drivers of any type of means of transport
that transport from abroad to Greece citizens of third
countries, who do not have the right to enter Greek
territory or who have been prohibited from entering for
any reason, as well as those who receive them from the
points of entry, external or internal borders, in order to
forward them to the interior of the country or to the
territory of another member state of the European Union
or a third country or facilitate their transport or ensure in
those accommodation for concealment, are punished: a.
with imprisonment of up to
ten (10) years and a fine of thirty thousand (30,000) to
sixty thousand (60,000) euros for each transported
person,
b. with imprisonment of at least ten (10) years and a
fine of sixty thousand (60,000) to one hundred thousand
(100,000) euros for each person transferred, if the culprit
acts for profit, by profession or by habit or is an
accomplice or has the status of public servant or tourist
or shipping or travel agent or if two (2) or more act jointly,
c. with imprisonment of at least fifteen (15) years and a
fine of at least two
hundred thousand (200,000) euros for each transported
person, if the act may result in danger to another person,
d. with life imprisonment and a fine of at least seven
hundred thousand (700,000) euros for each person
being
transported, if a death occurred in c. 2. Masters or
captains of ships, watercraft or airplanes and drivers of
any type of means of transport are obliged not to accept
for transport persons who are not equipped with the
required travel documents or who have not undergone
the normal police control. Violators are punished in
accordance with par. 1. The above criminal act is
considered completed, in the case of sea and air means
of transport, as long as the person who boarded illegally
is inside them at the start of the control by the competent
state bodies before from a ship or take-off or after the
ship has set sail or the plane has taken off, and for
other means of transport, as long as the person leaving
illegally is in them during the last exit control or near the
border. The sanctions of par. 3 are also applied to the
persons mentioned herein. 3. Airline or shipping
companies, as well as any other natural or legal person
who performs any
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4130 GOVERNMENT GAZETTE
in any form of public transport of persons, are obliged
not to accept for transport and to take any measure
that excludes the transport from abroad to Greece
of citizens of third countries who: a) are not equipped
with the necessary valid passports or other travel
documents and entry visa, where it is required to
receive them before the arrival of third-country
nationals in the country, unless the conditions of
article 35 of Regulation (EC) 810/2009 are met in
conjunction with paragraph b of paragraph 5 of
article 6 of the Regulation (EU) 2016/399 or b)
possess passports or other travel documents with
obvious signs of forgery or falsification. By decision
of the Civil Aviation Authority, a fine of between five
thousand (5,000) euros and thirty thousand (30,000)
euros is imposed on airlines, as well as on any other
natural or legal person who transports people by
air, who violate the above obligation for each person
transferred. The above fine is imposed on shipping
companies, as well as on any other natural or legal
person who carries out public transportation of
persons by watercraft, by decision of the police
authority, which is locally responsible for carrying
out the control of persons entering the Greek
territory. territory or leave it, in accordance with par.
2 of article 5. On road transport companies, as well
as on any other natural or legal person who carries
out public road transport of people, the above fine is
imposed by decision of the Secretary of the
Decentralized Administration, in the administrative
boundaries of which the violation took place. In the
event of a
recurrence within the same calendar year, the
above fines may be doubled and in any case not
beyond the amount of thirty thousand (30,000)
euros, by decision of the relevant body. The above
fines are imposed on natural persons who perform
any form of public transport or exclusively on the
legal entity of the above airline or shipping
companies or carriers and on the persons of
paragraph 1 of article 50 of Law 4987/2022 (A' 206),
which are jointly and severally liable. The above fine
is not imposed on legal or natural persons who
prove that they have taken sufficient preventive
measures to ensure that third-country nationals on
board do not fall under paragraphs a' and b'. In
particular , it is necessary to take the appropriate
measures to inform the passengers, before their
boarding, regarding the travel documents required
for their legal entry into Greece, their registration,
upon boarding , with the information contained in
the travel documents, in the passenger lists and the
notification of the lists to the competent airport, port
and customs authorities. Decisions to impose fines
herein are subject to appeal before the Minister of
Infrastructure and Transport and the Minister of
Citizen Protection respectively, within a period of
thirty (30) days from notification
Issue A' 81/01.04.2023
their In case of partial cancellation, a fine is imposed,
not lower than half of the minimum prescribed. 4.
The persons
referred to in paragraphs 1, 2 and 3, as well as
travel agencies and the owners of the means of
transport are jointly and severally responsible for the
living expenses and the repatriation costs of the
above persons abroad. Those who guaranteed the
repatriation of a citizen of a third country, if the terms
of his entry or stay in the country were violated,
have the same responsibility . The procedure for
certifying and paying the above fine is carried out in
accordance with the provisions of the Public Revenue
Collection Code
[law. 4978/2022 (A' 190)]. 5. The persons referred
to in the first paragraph of par. 1 or the owners of
the means of transport or their representatives in
Greece, are obliged immediately after the arrival of
the means of transport to deliver to the police
passport control services arrival slips or statements
of the passengers who are citizens of third countries,
whom they transport and destined for Greece and
vice versa. They have the same obligation upon the
arrival of non-scheduled flights from
third countries. 6. The above sanctions are not
imposed in cases of rescuing people at sea, of
transporting people in need of international protection
according to the dictates of international law, as well
as in cases of promotion within the country or
facilitation of transport, for the purpose of subjugation
in the procedures of Article 83 of Law 3386/2005 (A'
212) or Article 42 of Law 4939/2022 (A' 111) after
informing the competent police and port authorities.
7. Article 254
of the Code of Criminal Procedure [n. 4620/2019,
(A' 122)] also applies to the criminal acts provided
for by article 24 and this article , regardless of
whether the conditions of articles 187 and 187A of
the Criminal Code are met.
8. The deadline for the exercise of the appeal and
its exercise against the conviction for violations of
this article, as well as paragraphs 4, 5 and 7 of
article 24, do not suspend the execution of the
decision.
9. For the adjudication of the felonies provided for
in par. 1, except for that of par. d', as well as in
article 24, the Single Member Court of Appeal is
competent and the procedure provided for in article
309 of the Code of Criminal
Procedure is applied. 10. Property that is the
product of the criminal activity of this article, as well
as of paragraphs 4, 5 and 7 of article 24 or that was
acquired in any way from the product of such criminal
activity or property that was used, in whole or in part,
or intended to be used for the execution of the above
criminal activity is confiscated and may be
confiscated by court order, if it belongs to the
perpetrator or any of the participants. If the court,
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
ex officio or at the request of a party or a third party, determines
that the confiscation imposed on the convicted person will
deprive him or third parties, especially his relatives , of
something that serves their necessary livelihood and that there
is a risk of causing them excessive and irreparable damage,
does not impose it. Property is returned to its owner in
accordance with paragraph 2 of article 310 and article 373 of
the Code of Criminal Procedure. If the property or product
according to the first paragraph exceeds four thousand (4,000)
euros and cannot be seized, assets of equal value to that of
the above-mentioned property or product shall be seized and
confiscated under the terms of the same paragraph. 11. This
article and paragraphs 4, 5 and 7 of article 24 are also applied
when the criminal acts provided for therein were committed
abroad by a
citizen or a foreigner, even if they are not criminal under the
laws of the country in which were performed.
PART B
CATEGORIES OF RESIDENCE PERMITS
FOR THE PROVISION OF DEPENDENT
WORK (RESIDENCY PERMITS TYPE "E")
CHAPTER I
GENERAL PROVISIONS ON RESIDENCE PERMITS
FOR PROVISION OF DEPENDENT WORK
Article 26
Procedure for determining the volume of
admission for the provision of
dependent work 1. By an Act of the Council of Ministers
issued in the last quarter of each year, following the
recommendation of the Minister of Labor and Social Affairs,
the maximum number of positions for dependent and seasonal
work is determined based on the annual needs of the country
and employment category with the exception of the categories
of Chapters G' (Residence permit type "E.3") and F' (Residence
permit type "E.2"). The maximum number of positions is defined
per employment specialty, based on the European classification
of occupations
ESCO. The same act may provide for an increase in the
maximum number of positions up to ten percent (10%), in order
to cover unforeseen and emergency needs, as well as any
other relevant detail.
2. Once every year the Ministry of Labor and Social Affairs
consults with the Economic and Social Committee (E.S.C.) and
the Public Employment Service (P.E.S.) on the short- and
medium-term conditions of the Greek economy, taking into
account: a) the job offer from nationals, European citizens or
legally resident citizens of third countries, b) unemployment
rate and c) the number of transfers made in the previous years.
3. The Act of the Council of Ministers of par. 1 also defines
the list of employment sectors,
4131
to which the arrangements for the admission of third-country
nationals for the purpose of seasonal work apply , taking into
account the definition of paragraph 4 to the European
Commission. 4. Especially in the case of the transfer of
seasonal workers in the agricultural economy, to determine the
maximum number of transferees for the entire territory, the
total number of
applications submitted to the decentralized administrations
in the previous year shall be taken into account. With the Act
of the Council of Ministers of par. 1, the correspondence
between arable land or livestock of the applicant employer and
the number of seasonal workers, whose re- call may be
requested, is determined, increased by ten percent (10%). 5.
The Act of the Council of Ministers of par. 1 may provide for
the suspension of transfers from third countries for reasons of
national interest, national economy or bilateral relations,
especially in the event that a specific third country does not
cooperate in the field of returns of its citizens.
Article 27
Regulation of matters concerning the
admission process of third-country
nationals for the provision
of dependent work 1. Each employer, who wishes to hire
personnel for the provision of dependent work, submits an
application through the electronic services of the Ministry of
Immigration and Asylum, in which the number of jobs is
indicated , the information and citizenship of the citizens of the
three countries to be employed, the specialty, the sector, as
well as the period of employment. The application is
accompanied by the supporting documents for the decisions of
paragraphs 1 and 29 of article 176. 2. The competent agency
issues a deed
approving the employment of the third country citizen with a
specific employer only if: a) the supporting documents are
complete and b) for the cases of applications for granting
residence permits for the purpose of highly skilled employment
(residence permit type "E.1"), employment upon transfer
(residence permit type "E.4"), as well as applications for
granting an entry visa for residence for the purpose of seasonal
work (residence permit type "E.5), the number of jobs provided
for in the Act of the Ministerial Council of article 26 has not
been exhausted. The relevant act of approval is sent via e-mail,
together with the employment contract signed by the employer,
to the competent Greek consular authority. In any case, lists of
acts of approval for all cases of transfers, in accordance with
this, are sent to the relevant consulates by e- mail.
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4132 GOVERNMENT GAZETTE
3. The competent Greek consular authority summons
the citizens of third countries in question, for whom a deed
of approval has been issued for entry into Greece for the
purpose of employment. Those interested must appear in
person at the above service in order to sign the relevant
employment contract and be granted a national entry visa ,
subject to the rest of the general and special provisions
on visas.
CHAPTER B
ADMISSION OF THIRD COUNTRY NATIONALS
FOR THE PURPOSE OF HIGHLY SKILLED
EMPLOYMENT UNDER DIRECTIVE 2021/1883/
EU OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL OF 20 OCTOBER 2021
REGARDING THE CONDITIONS OF ENTRY
SEE AND RESIDENCE OF THIRD COUNTRY
NATIONALS FOR THE PURPOSE OF HIGHLY
SKILLED EMPLOYMENT, AND REPEAL OF
COUNCIL DIRECTIVE
2009/50/EC (L 382) (RESIDENCE PERMIT TYPE "E.1")
Article 28
Object
(Article 1 of Directive 2021/1883/EU)
This Chapter determines: a) the conditions for entry and
residence for a period of more than three (3) months in
Greek territory and the rights of third country nationals for equivalent to that of citizens of the European Union.
the purpose of highly skilled employment, as well as their
family members and b) the conditions of entry and
residence and the rights of third-country nationals and their
family members, referred to in para. a), in Greece, if
another member state first issued an "EU Blue Card", as
the first member state of residence.
Article 29
Scope (Article 3
of Directive 2021/1883/EU)
1. This Chapter applies to third-country nationals who
apply for admission or have been admitted to Greek
territory for the purposes of highly skilled employment, in
accordance with this Chapter. 2. This Chapter does not
apply to
citizens
of third countries, which:
a) apply for international protection and await a decision
regarding their status or are beneficiaries of temporary
protection in accordance with Law 4939/2022 (A' 111), b)
apply for protection in accordance with Greece's
international obligations and await a decision regarding
with their status or are beneficiaries of protection according
to Greece's international obligations,
c) apply for a residence permit in Greece according to
Chapter A of Part VI, as researchers,
d) enjoy the Union status of long-term resident in a
Member State, in accordance with
Issue A' 81/01.04.2023
articles 143 to 159 and exercise their right to reside in
Greece, in order to exercise an employed or independent
economic activity,
e) they enter Greece based on commitments included in
an international agreement to facilitate the entry and
temporary residence of certain categories of natural
persons in relation to commercial and investment activities,
excluding third country citizens, who have been admitted
to Greek territory, as intra-corporate transferees , in
accordance with articles 53 to 58,
f) are subject to suspension of return or removal for
factual or legal reasons, in accordance with Law 3907/2011
(A' 7) or Law 3386/2005 (A' 212) respectively, g) fall under
the
provisions of p .d. 30/2021 (A' 75), on the adaptation of
Greek legislation to the provisions of Directive 96/71/EC of
the European Parliament and of the Council of December
16, 1996, regarding the posting of workers in the context
of the provision of services and the Directive ( EU)
2018/957 of the European Parliament and of the Council
of 28 June 2018 on the amendment of Directive 96/71/EC
regarding the posting of workers in the context of the
provision of services, for the period of time they are posted
in Greece, h) enjoy, based on of agreements between the
Union and the Member States, on the
one hand, and third countries, on the other, as citizens
of said third countries, the right of free movement
Article 30
More favorable
provisions (Article 4 of Directive 2021/1883/EU)
This Chapter applies subject to more favorable
provisions: a) of
European Union legislation, including bilateral or
multilateral agreements concluded between the European
Union or the European Union and its member states, on
the one hand, and one or more third countries , on the one
hand and b) bilateral or multilateral agreements concluded
between the Hellenic Republic or the Hellenic Republic
and other member states and one or more third countries.
Article 31
Conditions for the right of residence
(Article 5 of Directive 2021/1883/
EU) 1. A citizen of a third country who applies for the
granting of an "EU Blue Card" under the conditions of this
Chapter must meet the following conditions:
a) To provide a valid employment contract relating
to highly skilled employment, lasting at least six (6)
months in Greece, from which it can be seen that his
gross annual salary as derived from the monthly or
annual salary specified in the above contract, does
not subject to
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
below the national minimum wage for highly skilled
employment.
The minimum wage limit for highly skilled
employment of the previous subsection is equal to
one point six (1.6) of the amount of the average gross
annual wage in Greece. b)
In the case of non-statutory professions, to provide
documents certifying the relevant high professional
qualifications regarding the work to be performed. c)
If it is a statutory profession , to provide
documents certifying that he meets the conditions
of the above. 38/2010 (A' 78), on the adaptation of
Greek legislation to Directive 2005/36/EC regarding
the recognition of professional qualifications, for the
exercise of the profession specified in the employment
contract.
d) To present a valid travel document, in accordance
with paragraph a of article 8, and a national entry visa
for the purpose of highly skilled employment . e) To
provide
evidence of the existence of health insurance for
all the risks covered for nationals, regarding the
periods in which he is not provided, due to his
employment contract or in conjunction with it, similar
insurance coverage or an equivalent entitlement to
benefits. f) That there is no risk to public order and
security or
public health, in accordance with article 8. g) To
provide their address of residence in the country, if
they know it, and their permanent address at the
latest at the time of issuance of the " EU Blue Card".
2. This Chapter does not affect the applicable
legislative
provisions, collective agreements or practices in
the relevant professional branches for highly skilled
employment. 3. When an application for an "EU Blue
Card" concerns a citizen of
a third country, who holds a national residence
permit for the purpose of highly skilled employment
issued in Greece, then the applicant is not required
to provide: a) the documents of par. b' and c' of par.
1 if the relevant high professional qualifications had
already been verified during the process of submitting
the application for the national residence permit and
b) the evidence provided for in par. e' of par. 1, unless
the application is submitted in the context of a change
of employment, in which case article 12 shall apply
mutatis mutandis.
Article
32 Determination of the volume of
incoming third country citizens for
highly
skilled employment (Article 6
of Directive 2021/1883/EU) Article 26 applies to
the determination of the volume of incoming third
country citizens for highly skilled employment .
4133
Article
33 Admission applications for "EU Blue
Card" (Articles 10 and 12 of Directive
2021/1883/EU) 1. If the third country citizen has not
entered Greek territory, an application for the
issuance of a national entry visa for the purpose is
submitted by the employer of highly skilled employment
for an "EU Blue Card", in accordance with Article 27.
2. The citizen of a third country submits an
application to the Directorate of Residence Permits
of the Ministry of Immigration and Asylum for the
granting of an " EU Blue Card" after entering the
country and before the expiry of the national entry
visa of par. 1, in accordance with Article 10. For the
submission of the application, the applicant shall pay
the prescribed fees and charges of paragraph a of
paragraph 1 of article 171. 3. Citizens of third
countries who have entered the Greek territory, either
with a uniform entry visa or with a visa exemption
status, in derogation of those defined in paragraph b
of article 8, they may apply in accordance with article
10, a residence permit for highly skilled work for an "
EU Blue Card", provided they present a relevant
employment contract. The application is submitted
before the end of the permitted period of stay. The
job position occupied by the citizen of a third country
is counted in the number of jobs provided for in the
Act of the Council of Ministers of article 26. 4. Citizens
of third
countries who reside legally in the country with a
permanent residence permit, may, in derogation of
the provisions of b' of article 8, to apply for a residence
permit for highly skilled work ("EU Blue Card" type
residence permit - "E.1"), provided they present a
relevant employment contract and in accordance with
the provisions of paragraph a' of this 1 of article 31.
Article
34 Issuance of an "EU Blue
Card" (Article 9 of Directive
2021/1883/EU) 1. A third country citizen who meets
the criteria of Article 31 and if there is no reason for
rejecting Article 35, shall be granted an "EU Blue Card".
2. The "EU Blue Card" is valid for two years. If the
employment contract covers a shorter period than the
one mentioned above, the " EU Blue Card" is valid for
at least the duration of the employment contract,
increased by three (3) months, but not for a period
exceeding two (2) years. If the period of validity of the
EU Blue Card holder's travel document is shorter than
the period of validity of the EU Blue Card itself, the
EU Blue Card is valid for at least the period of validity
of the travel document.
3. The "EU Blue Card" is issued using the uniform
form established in Regulation (EC) 1030/2002, which
states the conditions for access to the labor market.
In the "category" field
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4134 GOVERNMENT GAZETTE
permit" of the residence permit, the term " EU Blue
Card" is
indicated. 4. If the "EU Blue Card" is granted to a
citizen of a third country, which enjoys international
protection status according to Law 4939/2022 (A'
111), the following remark is written under the heading
"Remarks": " International protection was granted by
Greece on …/…/……. [date of grant]'. If the Greek
authorities revoke the international protection status,
the competent authorities issue, as the case may be,
a new "EU Blue Card" that does not contain the above
remark. 5. If the "EU Blue
Card" is issued by the competent Greek authorities
for a citizen of a third country, who enjoys international
protection status in another member state of the
European Union, the following remark is written on
the "EU Blue Card" under the title "Remarks": "
International protection was granted by [name of the
Member State that granted international protection]
on …/…/…….". Before the competent Greek
authorities register this observation, they shall inform
the Member State referred to in the observation of the
intention to issue an "EU Blue Card" and request that
Member State to confirm that the holder of the "EU
Blue Card" still entitled to international protection. If
the international protection has been revoked by a
final decision, the competent Greek authorities issue
the "EU Blue Card" without the mention of the
observation in question. When the " EU Blue Card"
is issued by a member state outside of Greece for a
third country citizen, who enjoys international
protection status in Greece, the Residence Permits
Directorate of the Ministry of Immigration and Asylum
must, at the latest within one (1) month from upon
receipt of the information request, to confirm that the
"EU Blue Card" holder is still entitled to international
protection in Greece. 6. If the responsibility for the
international protection of the "EU Blue Card" holder
was
transferred to the Greek authorities after the Greek
authorities granted the " EU Blue Card" in accordance
with par. 5, the residence permit is reissued within
three (3) months from the transfer of responsibility
with appropriate modification of the observation of
par. 5. 7. When the "EU Blue Card" is issued on the
basis of high
professional skills in professions not listed in Annex
I of Directive 2021/1883/EU, the competent Greek
authorities enter the following remark on the "EU Blue
Card" under the heading "Remarks": "[Occupations
not listed in Annex I]". 8. During its validity, the "EU
Blue Card" entitles its holder to: a) enter, re-enter and
reside in Greece and b) enjoy the
rights recognized in this Chapter.
Issue A' 81/01.04.2023
Article
35 Rejection of an application
for the granting of
an "EU Blue Card" (Article 7 of
Directive 2021/1883/EU) 1. An application for the
granting of
an "EU Blue Card" is rejected if: a) the applicant
does not meet the
conditions provided for in the article 31, b) the
documents submitted have been obtained fraudulently
or have been forged or otherwise falsified, c) the
third country citizen concerned is considered to be a
threat to public order, public
security or public health, d) his business the
employer was established or operates with the main
purpose of
facilitating the entry of citizens of third countries, e)
the employer does not fulfill its legal obligations
regarding social security, taxation, labor rights or
working
conditions , f) the employer's business is or has
been placed under liquidation or no business activity
is
carried out, g) sanctions have been imposed on the
employer for the employment of illegally resident
citizens of third countries, in accordance with article
88 of
Law 4052/2012 (A' 41). 2. Without prejudice to
paragraphs a', b', c' and d' of par. 1, any decision to
reject an application for the granting of an "EU Blue
Card" takes into account the particularities of the
specific case and respects the principle of proportionality.
Article
36 Revocation or non-
renewal of "EU Blue
Card" (Article 8 of Directive
2021/1883/EU) 1. The "EU Blue Card" is revoked or not renewed
in the following cases:
a) when the "EU Blue Card" or the documents
submitted for its granting have been obtained
fraudulently or have been forged or otherwise falsified,
b) when the third country citizen concerned no
longer has a valid employment contract for highly
skilled employment or the qualifications of para. b or
c of par. 1 of article 31,
c) when the salary of the concerned third- country
national no longer meets the minimum wage, as
determined in accordance with article 31,
d) for reasons of public order and public security, e)
as the case may be, when the employer does not
fulfill his legal obligations regarding social security,
taxation, labor rights or working conditions, f) when
the holder of the
"Blue Card of EU" does not have sufficient resources
for his maintenance and, where appropriate, for the
maintenance of his family members, without recourse
to the social welfare system of Greece. The competent
authorities are evaluating it
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
adequacy of resources based on their nature and
regularity and take into account the level of the national
minimum wage, minimum income or minimum pensions,
as well as the number of family members of the EU
Blue Card holder. This assessment takes into account
the contributions of the family members to the
household income, g) when the "EU Blue Card" holder
resides in
Greece for purposes other than those for which he
was granted residence, h) when they cease to meet
the requirements of the
applicable legislation, collective agreements or
practices in the relevant professional sectors for highly
skilled employment, i) when the "EU Blue Card" holder
has not complied with the relevant
procedures, as provided for in par. 2 or 3 or 4 of
article 40, j) when the "EU Blue Card" holder does not
meet the conditions of mobility under
articles 44 to 47. By way of derogation from paragraph
i', the lack of the notification required according to par.
2 or 3
or 4 of article 40, is not considered a sufficient
reason for revocation or non-renewal of the "EU Blue
Card", if the holder of the "EU Blue Card" proves that
the communication was not forwarded to the competent
authorities for reasons not relevant his fault. 2. By way
of derogation from paragraphs b and c of paragraph
1, the "EU Blue Card" may
not be revoked or renewed , when its holder
temporarily fails to comply, and in any case for a
period not exceeding the twelve (12) months, the
admission criteria related to the valid employment
contract and the wage criterion, according to paragraph
a of paragraph 1 of article 31, due to illness, disability
or parental leave.
3. By way of derogation from paragraphs b', c' and f
of par. 1, the "EU Blue Card" is not revoked and its
renewal is not rejected in case of unemployment of its
holder, unless:
a) the "EU Blue Card" holder accumulates a
cumulative period of unemployment exceeding three
(3) months and holds an "EU Blue Card" for less than
two (2) years, or
b) the "EU Blue Card" holder accumulates a
cumulative period of unemployment exceeding six (6)
months and holds an "EU Blue Card" for at least two
(2) years.
4. If the competent authorities intend to revoke or not
renew the "EU Blue Card" in accordance with paragraph
e or paragraph h of paragraph 1, they inform the holder
of the "EU Blue Card" in advance " and determine a
reasonable period of three (3) months, in order for the
latter to look for new highly qualified employment,
without prejudice to paragraphs 1, 2 and 3 of article 40.
The period of looking for employment is defined as at
least six (6) months, when the "EU Blue Card" holder
previously worked for at least two (2) years.
4135
5. Without prejudice to paragraphs a', b' and c' of
par. 1, any decision to revoke or refuse to renew the
"EU Blue Card" takes into account the particularities of
the specific case and respects the principle of
proportionality.
Article
37 Procedural guarantees
(article 11 of Directive 2021/1883/
EU) 1. Provided that: a) the conditions of article 31
are met, b) the applicant has submitted an application
in accordance with article 33 and c) the reasons for
rejection of the article do not apply 35, by decision of
the Minister of Immigration and Asylum, a residence
permit is granted for the purpose of highly skilled
employment ("E.1" type residence permit - "EU Blue
Card"). Said decision shall be issued and notified no
later than ninety (90) days from the date of submission
of a complete application . If the employer has been
recognized in accordance with Article 38, the decision
on the application for an "EU Blue Card" is issued and
communicated no later than thirty (30) days from the
date of submission of a complete application.
2. If the documents submitted or the information
provided with the application are insufficient or
incomplete, the applicant is informed of the required
additional documents or information and a deadline of
thirty (30) days is set for their submission. The period
referred to in par. 1 is suspended until the Directorate
of Residence Permits of the Ministry of Immigration
and Asylum receives the additional documents or the
required information. If the additional documents or
the required information are not submitted within that
deadline, the application is rejected. 3. Any decision to
reject an application
for an " EU Blue Card ", to revoke or not to renew it
shall be notified to the third country citizen concerned
and to his employer. The notification specifies the
reasons for the decision and the competent authority,
to which a legal remedy can be exercised, as well as
the deadline for exercising it. 4. The "EU Blue Card"
holder must
submit an application for the renewal of the "EU Blue
Card" within two (2) months before its expiry.
5. If the period of validity of the "EU Blue Card"
expires during the renewal process, the third-country
national remains in Greek territory as if he were an "EU
Blue Card" holder until the competent Greek authorities
issue a decision on the renewal application.
Article
38 Recognized employers
(Article 13 of Directive 2021/1883/
EU) 1. For citizens of third countries who are going
to be employed by employers who are recognized in
accordance with the provisions of the decision of par.
33 of article 176, a simplified procedure is applied
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4136 GOVERNMENT GAZETTE
obtaining an "EU Blue Card". Recognition procedures
shall not entail disproportionate or excessive
administrative burdens or costs for employers, in
particular for small and medium-sized enterprises.
2. The simplified procedures include the processing
of applications, in accordance with the third paragraph
of paragraph 1 of article 37. Applicants are exempted
from the obligation to submit or present one or more
pieces of evidence referred to in paragraph b or para.
e' of para. 1 of article 31. 3. In case of establishment of article 31. The requirement of the first paragraph does
an employer recognition procedure, the competent
authorities shall not recognize an employer pursuant to
para. 1: a) if a sanction has
been imposed on said employer for employing illegally
resident third-party citizens countries in accordance
with article 88 of Law 4052/2012 (A' 41) or for
undeclared or illegal work or for not fulfilling his legal end of the period of unemployment to the Residence
obligations regarding social security, taxation, labor
rights or working conditions, or
b) if he has failed to comply with his obligations under holder of the "EU Blue Card" may be self-employed,
this Chapter or if the recognition has been fraudulently
obtained. Each
decision to refuse to recognize an employer takes
into account the particularities of the specific case,
including the time that has passed since the sanction
was imposed, and respects the principle of proportionality. Blue
Article 39
Sanctions against
employers (Article 14 of Directive
2021/1883/EU) For the monitoring, evaluation and,
as the case may be , the control to prevent possible
misappropriation of this Capital, the provisions set out
in the decision of paragraph 34 of Article 176 shall be
applied. Employers who do not fulfill their obligations in
accordance with this Chapter shall be subject to the
sanctions of the decision of par. 34 of article 176.
Article 40
Access to the labor market
(Article 15 of Directive 2021/1883/
EU) 1. Holders of the "EU Blue Card" have access
to highly skilled employment in Greece in accordance
with the conditions provided for herein . 2. During the
first
twelve (12) months of legal employment as an " EU
Blue Card" holder, the third country citizen is obliged to
notify the Residence Permits Directorate of the Ministry
of Immigration and Asylum of a change of employer or
any other change that may affects the fulfillment of the
admission criteria, as defined in article 31. The right of
the holder of the "EU Blue Card" to change employment
is suspended for thirty (30) days, while the service of
the first paragraph checks that the admission conditions
are met of article 31. The service of the first paragraph
may
Issue A' 81/01.04.2023
to object to the change of employment, as long as the
conditions of article 31 are not met, within the above
thirty (30) day period.
3. After the end of the twelve (12) month period of
par. 2, the citizen of a third country holding the " EU
Blue Card" is obliged to notify the Directorate of
Residence Permits of the Ministry of Immigration and
Asylum only of the change of employer or other change
which affects the fulfillment of the admission criteria of
not suspend the right of the "EU Blue Card" holder to
take up and pursue new employment. 4. During a
period of unemployment, the "EU Blue Card" holder
is allowed to seek and pursue employment in
accordance with this. The "EU Blue Card" holder shall
immediately notify the start and, where appropriate, the
Permits Directorate of the Ministry of Immigration and
Asylum. 5. Without
prejudice to the admission criteria of Article 31, the
alongside the activity in the context of highly skilled
salaried employment . The self-employment activity of
the holder of the "EU Blue Card" is supplementary and
does not replace the main activity, which concerns the
exercise of highly skilled salaried employment . 6. "EU
Card" holders do not have access to employment,
as long as
it concerns activities which:
a) involve even occasional participation in the exercise
of public authority and responsibility for safeguarding
the general interests of the State, or
b) in accordance with the applicable national or EU
legislation, they are exercised exclusively by Greeks or
citizens of the European Union or the European
Economic Area.
Article
41 Equal
treatment (Article 16 of Directive
2021/1883/EU) 1. "EU Blue Card" holders enjoy
equal treatment with Greeks regarding:
(a) the terms of employment, including the minimum
age for work, and working conditions, including terms
of pay and dismissal, working hours, leave and holidays,
and health and safety requirements at the site; work, b)
freedom of association and registration and participation
in an organization of workers or employers or in any
organization, the members of which exercise a
specific profession, including the rights and advantages
provided by these organizations, c) education and
professional training, d) the recognition of diplomas,
certificates
and other professional qualifications,
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
e) the social security branches, as defined in
article 3 of Regulation (EC) 883/2004 of the European
Parliament and of the Council of April 29, 2004 on
the coordination of social security systems (L 166).
The special provisions of the Annex to Regulation
(EC) 1231/2010 of the European Parliament and of
the Council of 24 November 2010 on the extension
of the application of Regulation (EC) 883/2004 and
Regulation (EC) 987/2009 to third country nationals
which are not already governed by these Regulations
only because of their nationality (L 344), apply
according to reasons, f) the access to goods and
services and the supply of goods and services made
available to the public, including the procedures for
the obtaining housing, as well as the information and
counseling services provided by employment services. reunification are met, the decision shall be issued
2. With regard to point c of paragraph 1, equal
treatment is limited to
scholarships and student loans or other benefits
and loans in the context of secondary and tertiary
education and vocational training. Access to university
and post-secondary studies may be subject to
special prerequisites in accordance with applicable
law. With regard to para. f of para. 1, equal treatment
is limited in terms of the procedures for acquiring
housing, without this affecting contractual freedom.
3. EU Blue Card holders who move to a third country
or the survivors of those who reside in a third country
and draw rights from the EU Blue
Card holder, receive the statutory old-age, disability article 89 and subject to the restrictions mentioned
and death pensions acquired based on the previous
employment of the "EU Blue Card" holder, under the
same conditions and the same rates as when Greek
citizens move to a third country. 4. The right to equal
treatment, as defined in par. 1, does not affect the
right to revoke the " EU Blue Card" or not to renew it,
in accordance with article 36. 5. This applies to the
holders of the "Blue Card of the EU" who enjoy
international protection, only if they reside in Greece
and have received protection status from another
member state of the European Union. 6. This does
not apply
to "EU Blue Card" holders who enjoy the right of
free movement in Greek territory under EU law.
Article
42 Family members
(Article 17 of Directive 2021/1883/
EU) 1. Articles 83 to 92 apply subject to the
derogations herein.
4137
2. By way of derogation from paragraph 1 of article
83 and article 84, family reunification does not depend
on whether the "EU Blue Card" holder: a) has a
reasonable prospect of acquiring a right of permanent
residence , b) holds residence permit with a validity
period of one (1) year or more, or c) has a minimum
period of
residence. 3. By way of derogation from paragraph
3 of article 86, if the conditions for family reunification
are met and the complete applications were submitted
at the same time, the decisions on the applications of
the family members are issued and notified at the
same time as the decision on the application for " EU
Blue Card". Where family members are reunited with
the EU Blue Card holder after the EU Blue Card has
been granted to him and if the conditions for family
and communicated as soon as possible and no later
than from ninety (90) days from the date of submission
of the complete application. In this case, paragraphs
2 and 3 of article 37 apply accordingly. 4. By way of
derogation from Article 87, the period of validity of
family members' residence permits is the same as
the period of validity of the "EU Blue Card", insofar
as the period of validity of their travel documents
allows. 5. Family members
of the " EU Blue Card" holder have access to
dependent work, in accordance with Article 89,
without the application of any waiting period. By way
of derogation from paragraph b of paragraph 1 of
in paragraph 6 of article 40, family members have
access to any employment, as well as self-employment.
6. By way of derogation from paragraph 1 of article
90, for the calculation of the length of stay required
to obtain an independent residence permit, the stay
in different member states of the European Union is
added up. Two (2) years of legal and uninterrupted
residence within the Greek territory are required ,
immediately before submitting the relevant application
for the independent
residence permit. 7. This applies to " EU Blue Card"
holders who enjoy international protection, only if
they reside in Greece and have received protection
status from another member state of the European
Union. 8. This
does not apply to family members of "EU Blue
Card" holders who enjoy the right of free movement
in Greek territory under Union law.
Article
43 Long-term resident status in the EU and
long-term residence permit for "EU Blue
Card" holders (Articles
18 and 19 of Directive 2021/1883/EU)
1. Articles 143 to 159 apply subject to the
derogations herein.
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4138 GOVERNMENT GAZETTE
2. By way of derogation from the first paragraph of
paragraph 1 of article 144, the holder of the "EU Blue
Card" who made use of the possibility of long mobility
in accordance with article 45 may accumulate
cumulative periods of residence in different member
states of the European Union , in order to fulfill the
requirement regarding the duration of residence,
provided that he has accumulated: a)
the number of five (5) years of legal and uninterrupted
residence required, as a holder of an " EU Blue Card",
national permit residence permit for highly skilled
employment, a researcher residence permit ( residence
permit type "H.3") or, as the case may be, a single
student permit (residence permit type "H.1") or as a
beneficiary of international protection in the territory of
the member states and
b) two (2) years of legal and uninterrupted residence
as an "EU Blue Card" holder, in Greece immediately
prior to the submission of the relevant application for a
long-term resident's residence permit in the EU.
3. For the calculation of the period of legal and
uninterrupted residence in the European Union of para.
a of par. 2 and in derogation of par. 3 of article 144,
periods of absence from Greek territory do not interrupt
the duration of the period of legal and uninterrupted
residence, if said periods of absence are less than
twelve (12) consecutive months and do not exceed a
total of eighteen (18) months within said duration. 4. By
way of derogation from
paragraph c of paragraph 1 of article 148, the period
of absence from the territory of the European Union is
extended to twenty-four (24) consecutive months,
during which a long-term resident holding a permit long-
term resident , stating the observation of par. 7, and his/
her family members, who have been granted EU long-
term resident status, are allowed to be absent. 5.
Paragraph f of paragraph 1 of article 41, paragraph 3 of
article 41, article 44 and, as
the case may be, articles 42 and 46 apply to holders
of a long-term residence permit that states the
observation of paragraph 7. 6. When a long-term
resident in the European Union, who holds a long-term
residence permit stating the observation of par. 7,
exercises his right to move to Greece as a second
member state in accordance with article 153, then the
competent authorities have the ability to control the
labor market. The competent authorities apply labor
market control measures in accordance with paragraph
8 of article 45.
7. The competent authorities shall grant to the " EU
Blue Card" holders, who meet the conditions herein for
obtaining the status of long-term EU resident, a
residence permit in accordance with Regulation (EC)
1030/2002. In the residence permit of the first paragraph,
"Former EU Blue Card holder" is written under the
heading "Remarks".
Issue A' 81/01.04.2023
Article 44
Right of residence in Greece for holders
of an "EU Blue Card" from another EU
member state in the context of short-
term mobility (Article 20 of
Directive 2021/1883/EU) 1. When a citizen of a
third country, who is the holder of a valid "EU Blue
Card EU" issued by another member state of the
European Union, which fully implements the Schengen
acquis, enters and resides in Greece for a period of
ninety (90) days within any one hundred eighty (180)
day period, for the purpose of carrying out business
activity , the competent Greek authorities do not require
any other residence permit for the exercise of this
activity apart from the "EU Blue Card".
2. A citizen of a third country, who holds a valid "EU
Blue Card" issued by another member state that does
not fully apply the Schengen acquis , has the right of
entry and residence for the purpose of carrying out
business activity in Greece for a period of up to ninety
(90) days within any one hundred and eighty (180) day
period based on the "EU Blue Card" and a valid travel
document . When the EU Blue Card holder crosses
internal borders where controls have not yet been lifted ,
the competent Greek authorities fully applying the
Schengen acquis require the EU Blue Card holder to
provide evidence of the business purpose of
accommodation. The competent Greek authorities do
not require any other residence permit for the exercise
of business activity, apart from the "EU Blue Card".
Article
45 Right of residence in Greece for an "EU
Blue Card" holder from another EU member
state in the context of long-term mobility
and procedural
guarantees (Article 21 of Directive
2021/1883/EU) 1. Citizen of a third country, after
twelve (12) months of legal residence as an " EU Blue
Card" holder in the first member state other than
Greece, may enter, reside and work in Greece for the
purpose of highly skilled employment on the basis of an
"EU Blue Card" and a valid travel permit document , in
accordance with the conditions of paragraphs 2 to 6.
2. If the "EU Blue Card" is issued by a Member State
that does not fully implement the Schengen acquis and
the "EU Blue Card" holder crosses, for reasons of long
mobility, internal borders where controls have not yet
been lifted, the Greek authorities have the possibility to
require the "EU Blue Card" holder to present a valid "
EU Blue Card" issued by the first member state and an
employment contract for highly skilled employment for
a period of at least six (6) months in Greece .
3. As soon as possible and at the latest within one (1)
month from the entry of the " EU Blue Card" holder of
par. 1 into Greek territory
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
in the context of the long mobility procedure, he
submits to the Directorate of Residence Permits of
the Ministry of Immigration and Asylum, an application
for an "EU Blue Card", submitting all the documents
proving that the conditions of Article 31 are met. The
holder of the "EU Blue Card ", as long as he submits
an application with complete supporting documents in
accordance with articles 10 and 33, he has direct
access to highly qualified employment.
4. For the purposes of submitting the application of par. 3
the third-country national submits:
a) valid "EU Blue Card" issued by
the first member state of par. 1,
b) a valid employment contract relating to highly skilled
employment, lasting at least six (6) months in Greece, c) if
it is a legally regulated
profession, the documents certifying that the applicant
meets the conditions for practicing in Greece, d) a valid
travel document, which is accepted
by the Greek authorities,
e) evidence of compliance with the minimum salary limit,
as determined in accordance with par. 1 of article 31 or, as
the case may be, of the limit defined by the decisions of
par. 30, 31 and 32 of article 176, and f) evidence of the
existence of the
applicant's sickness insurance cover against all risks
normally covered for employees , regarding the periods in
which he is not provided, due to his employment contract
or in conjunction with it, similar insurance cover or an
equivalent entitlement to benefits.
Regarding point c, for the purpose of applying for an
"EU Blue Card" in Greece, as a second member state,
holders of the "EU Blue Card" enjoy equal treatment with
citizens of the Union regarding in the recognition of
professional qualifications, in accordance with the
applicable Union and national law.
For non-statutory occupations, when the first Member
State has issued the " EU Blue Card" based on high
professional skills for occupations not listed in Annex I of
Directive 2021/1883/EU, the applicant is required to
provide documents certifying the high professional
qualifications in relation to the work he is going to carry out,
applicable to the rest of article 31. When the applicant has
worked for less than two (2) years in the first member state
as an " EU Blue Card" holder according to with the previous
paragraph, he is obliged to provide documents certifying
high professional qualifications in relation to the work he is
going to perform. 5. The competent Greek authorities reject
the application for the granting of the "EU Blue Card", if: a)
the conditions of par. 4 are not
met, b) the documents submitted were fraudulently
obtained or forged or otherwise falsified ,
4139
c) the employment does not meet the conditions
determined by the applicable legislative provisions ,
collective agreements or practices in accordance with
paragraph 2 of article 31 or
d) the "EU Blue Card" holder poses a threat to public
order, public security or public health. 6. With regard to any
application process for the purpose of long-term mobility,
the procedural guarantees of article 37 apply accordingly.
7. Without prejudice to par. 4, the decision to reject a long-
term mobility
application takes into account the particularities of the
specific case and respects the principle of proportionality.
8. The competent Greek authorities reject the application
for the "EU Blue Card", since
there is no job available according to article 26.
9. The Directorate of Residence Permits of the Ministry
of Immigration and Asylum issues the following decisions
regarding an application for the granting of an "EU Blue
Card": a) if the mobility conditions defined herein are met,
it grants an "EU Blue Card" and allows the third-country
national applicant to reside in Greek territory for the
purpose of highly skilled employment, or b) if the mobility
conditions set out
herein are not met, reject the application and require the
applicant and his family members to leave Greek territory ,
applicable to the rest of article 15. By way of derogation
from paragraph 1 of article 37, the competent Greek
authorities shall notify the applicant and the
first Member State issuing the " EU Blue Card" of their
decision in writing as soon as possible, but no later than
thirty (30) days from the date of submission of the complete
application.
In exceptional and duly justified circumstances linked to
the complexity of the application, the competent Greek
authorities may extend the deadline of the previous
paragraph by thirty (30) days. In this case, the competent
authorities shall inform the applicant of the extension no
later than thirty (30) days after the date of submission of
the complete application. The competent authorities, when
notifying the first member state
issuing the "EU Blue Card", specify the reasons for
rejecting the application, which relate to points b and d of
par. 5.
10. When the "EU Blue Card" issued by the first Member
State expires during the application process, the third-
country national applicant continues to reside in Greek
territory, in accordance with Articles 10, 46 and 47 until the
competent authorities decide on his request. 11. From the
second time that an "EU Blue
Card" holder and, as the case may be, his family
members make use of the possibility of mobility to another
Member State in accordance with this and
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4140 GOVERNMENT GAZETTE
in article 46, "first Member State" means the Member
State from which the person concerned departs and
"second Member State" means the Member State in
which he applies for residence. By way of derogation
from par. 1, the "EU Blue Card" holder may move to
another member state for a second time after six ( 6)
months of legal residence in the first member state, as
an "EU Blue Card" holder.
Article 46
Residence of the family members of an "EU
Blue Card" holder who exercises the right of
residence in Greece as a second member
state
(Article 22 of Directive 2021/1883/
EU) 1. When the "EU Blue Card" holder moves from
the first Member State in Greece as a second Member
State in accordance with Article 45 and the EU Blue Card
holder's family was already established in the first
Member State, his family members are entitled to
accompany or reunite with the EU Blue Card holder EU
Card". Articles 83 to 90 and article 42 apply to the cases
referred to in the first paragraph, subject to the
derogations of paragraphs 2 to 7 hereof. If the family of
the "EU Blue Card" holder was not already established
in the first member state, Article 42 shall apply . 2. By
way of derogation from paragraph 3 of Article 85, the
family
members of the "EU Blue Card" holder EU" are entitled
to enter and reside in Greece as a second member state
based on the valid residence permits they obtained in
the first member state, as family members of an "EU
Blue Card" holder. Where family members' residence
permits are issued by a Member State which does not
fully implement the Schengen acquis and the said EU
Blue Card holder's family members are reunited with it,
when crossing internal borders when controls have not
yet removed by the Greek authorities for the purpose of
moving to Greece, the family members present their
residence permits from the first member state, as family
members of the "EU Blue Card" holder.
3. By way of derogation from paragraph 1 of article
84, at the latest within one (1) month of entering the
Greek territory, the interested family members of the
holder of the "EU Blue Card" submit to the Department
of Residence Permits of the Ministry Immigration and
Asylum application for the granting of a residence permit
as family members.
When the residence permit of the family member
issued by the first Member State expires during the
procedure or no longer entitles the holder to reside legally
in the Greek territory, the residence of the family member
in the Greek territory is allowed until the competent
authorities decide on the application, applying article 10.
Issue A' 81/01.04.2023
4. By way of derogation from paragraph 2 of article
84, the family members concerned must submit or
present to the Greek authorities with their application for
a residence permit:
a) their residence permit in the first Member State, as
well as a valid travel document or certified copies thereof,
b ) evidence that
they have resided as family members of the "EU Blue
Card" holder in the first Member State and c) the evidence
elements of paragraph c of
paragraph 2 of article 84. 5. As long as the conditions
herein are
met and the applications of the "EU Blue Card" holder
and his family members were submitted at the same
time, the competent Greek authorities issue the
residence permits for family members at the same time
as the "EU Blue Card". By way of derogation from
paragraph 1 of article
37, when the conditions set out herein are met and the
family members are reunited with the holder of the "EU
Blue Card" after the grant of the "EU Blue Card", the
residence permits for family members are granted no
later than thirty (30) days from the date of submission of
the complete application. In duly justified circumstances
related to the complexity of the application, the competent
Greek authorities may extend the deadline of the previous
paragraph by a maximum of thirty (30) days. 6. This
applies to family members of EU Blue Card holders who
are beneficiaries of international protection only when
such EU Blue Card holders
move to reside in Greece and have been granted
international protection status by another member state.
7. This does not apply to family members of "EU Blue
Card" holders who enjoy the right of free movement in
Greece under EU law.
Article 47
Guarantees and sanctions in cases of
mobility
(Article 23 of Directive 2021/1883/
EU) 1. By way of derogation from paragraphs a and d
of paragraph 1 of article 36, when the holder of the "EU
Blue Card", the who has received a residence permit
from the Greek authorities, moves to another Member
State, in accordance with Article 45, the Greek authorities
shall not revoke the " EU Blue Card" before the second
Member State has taken a decision on the application for long-term mobilit
2. When the second member state rejects an
application for an "EU Blue Card" in accordance with
point b of paragraph 9 of article 45, Greece, as the first
member state, at the request of the second member
state, allows re-entry of the " EU Blue Card" holder and,
as the case may be, his family members , without
formalities and without delay. The same
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
valid if the "EU Blue Card" issued by Greece as the
first member state has expired or been revoked
during the examination of the application.
3. The "EU Blue Card" holder and the employer in
the second member state are considered jointly
responsible for the costs of the re-entry of the "EU
Blue Card" holder and his family members referred
to in par. 2. 4. The
competent Greek authorities impose sanctions, in
accordance with Article 39, against an employer of
an EU Blue Card holder, where that employer is liable
for non-compliance with the mobility conditions of
Articles 44 to 47.
5. When the Greek authorities revoke or do not
renew the "EU Blue Card", which states the
observation of par. 5 of article 34 and decide to
remove the third country citizen, they ask the member
state, which is referred to in that observation , to
confirm whether the person in question is still a
beneficiary of international protection in that Member
State. If the third-country national continues to be
entitled to international protection in the Member
State referred to in that observation, the person shall
be removed to that Member State.
By way of derogation from the previous paragraph,
the Greek authorities that issued the removal
decision , retain the right to remove the third country
citizen, based on their international obligations , to a
country other than the Member State that granted
international protection, as long as the conditions
defined in paragraph 2 of article 20 of Law 4939/2022
(A' 111) are fulfilled in relation to the citizen of the
said third
country. 6. When the authorities of a member state
outside of Greece revoke or do not renew an "EU
Blue Card", which states in the remark referred to in
par. 5 of article 34 that international protection has
been granted by Greece and decide to remove the
citizen of a third country, the Directorate of Residence
Permits of the Ministry of Immigration and Asylum
must, at the latest within one (1) month from the
receipt of the request for information, confirm that
the holder of the "EU Blue Card" is still entitled to
international protection in GREECE. 7. When the "EU
Blue Card" holder or members of his family cross
the external Greek border, the competent Greek
authorities consult the Schengen Information System,
in accordance with Regulation (EU) 2016/399. The
Greek authorities refuse entry to persons for whom
the Schengen Information System contains entries
for the purpose of refusing entry or residence.
Article
48 Access to information and
monitoring
(Article 24 of Directive 2021/1883/
EU) 1. On the website of the Ministry of Immigration statistics data on the number of third country citizens
and Asylum they are posted and made easily available who were granted a "Blue Card
4141
relevant information for EU Blue Card applicants on
the supporting documents required to submit the
application, as well as information on the conditions
of entry and residence applicable to third-country
nationals falling under the provisions on entry and
residence for the purpose of highly skilled
employment, as well as their family members,
including their rights and obligations and procedural
guarantees. This information includes information
on the minimum salary limits established in Greece,
in accordance with Article 31 and on applicable fees
and charges. This information also includes data on:
a) the business activities that the holder
of an "EU Blue Card" issued by another Member
State is
allowed to carry out in Greek territory in accordance
with Article 44,
b) the procedures for granting an "EU Blue Card"
and residence permits for family members in Greece,
as a second member state, in accordance with
Articles 45 and 46 and
c) the application of article 32 regarding the
determination of the volume of incoming citizens of
third countries for highly skilled
employment. 2. The competent services of the
Ministry of Migration and Asylum communicate the
following information to the European Commission at
least once (1) a year and each time the information
is modified:
a) the rate set for the determination of the minimum
limits of the annual salary in accordance with par. 1
of article 31 or, as the case may be, with the decisions
of par. 30, 31 and 32 of article 176, as well as the
resulting nominal amounts . _ _ _ _ _
legislative or regulatory measures concerning the
determination of the volume of admission for highly
skilled employment referred to in article
32.
Article
49
Statistics (Article 25 of Directive
2021/1883/EU) 1. Until November 18, 2025 and
annually thereafter, the Migration Policy Directorate
of the Ministry of Migration and Asylum shall notify
the European Commission, in accordance with
Regulation (EC) 862/2007 of the European Parliament
and of the Council of 11 July 2007 on Community
statistics on migration and international protection
and repealing Council Regulation (EEC) 311/76 on
the keeping of statistics on foreign workers (L 199),
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4142 GOVERNMENT GAZETTE
of the EU' and the number of those whose applications were
rejected during the previous calendar year, identifying the
applications deemed inadmissible based on the admission
volumes of Articles 26 and 27, as well as statistics on the
number of third-country nationals whose "EU Blue Card"
renewed or revoked during the previous calendar year. These
statistics are broken down by nationality , duration of validity
of permits, gender and age and, where applicable, by
occupation, size of the employer's business and economic
sector. The statistics on third-country nationals who have
been granted an "EU Blue Card" are further broken down into
beneficiaries of international protection, beneficiaries of the
right of free movement and those who have acquired the
status of long-term EU resident in Greece according to Article
43.
Statistics for admitted family members are shared in the
same way, except for information on their occupation and
economic sector. For EU Blue Card holders and their family
members who
have been granted a residence permit in Greece, in
accordance with Articles 45 and 46, the information provided
shall, in addition, specify the Member State of previous
residence. 2. For the purposes of the application of paragraph
1 of article 31 and those defined in the decisions of paragraphs
30, 31 and 32 of article 176, reference is made to the data
provided by the member states to Eurostat in accordance
with regulation (EU) 549/2013 of the European Parliament
and of the Council, of 21 May 2013, on the European system
of national and regional accounts of the European Union (L
174), and, where applicable, national data.
Article 50
List of occupations (Article
26 of Directive 2021/1883/EU)
Occupations for which the knowledge, skills and abilities
certified by the required number of years of relevant
professional experience are considered equivalent to the
knowledge, skills and abilities certified with higher education
qualifications for the purpose of applying for an "EU Blue
Card", are listed in Annex I of Directive 2021/1883/EU.
Article 51
Point of contact
(Article 28 of Directive 2021/1883/EU)
The Migration Policy Directorate of the Ministry of Migration
and Asylum is defined as the Greek point of contact with the
corresponding competent services of the other member states
of the European Union for the exchange of the information
required for the implementation of paragraphs 1 to 6 of article
43, as well as articles 44, 45 and 48.
Issue A' 81/01.04.2023
Article 52
Covering costs of removal 1. To cover
the costs of removal provided for in this Chapter, Article 80
of Law 3386/2005 (A' 212) and the joint ministerial decision
issued pursuant to the authorization of pars. 1 to 3 of article
80 of law 3386/2005 and par. 5 of article 83 of the same law.
2. Citizens of third countries, holders of residence permits
in Greece, for whom a change of purpose is permitted, in
accordance with this, may apply , when renewing their
residence permit, for the granting of an "EU Blue Card",
provided that the conditions are met conditions provided for
in Chapter B' of Part B'. 3. In any case, a change of purpose
is not
allowed for holders of an EU Blue Card residence permit.
CHAPTER C
ADMISSION OF THIRD-COUNTRY
CITIZENS FOR THE PURPOSE OF INTER-
COMPANY RELOCATION UNDER DIRECTIVE
2014/66/EU OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL OF
MAY 15, 2014 ON THE CONDITIONS OF
ENTRY AND RESIDENCE THIRD COUNTRY
COUNTRIES IN THE
FRAMEWORK OF INTER-COMPANY TRANSFER (RESIDENCE PERMI
Article 53
Scope (Article 2 of
Directive 2014/66)
1. This Chapter applies to citizens of third countries who
apply for entry and residence in Greek territory, in the context
of intra-company transfer and have received an entry visa for
the purpose of intra-company transfer or have been accepted
in Greece in the context of intra-company transfer as
managers , skilled workers or trainee workers. 2. This
Chapter does not apply to citizens
of third countries, which:
a) apply for a residence permit in Greece as researchers,
in accordance with articles 101 to 125, b) enjoy rights of
free movement equal to those of Union citizens, by virtue
of agreements concluded between the Union and its member
states and third countries on the one hand, or work in a
company established in those third countries, c) fall under the
p.d. 30/2021 (A' 75), which adapts Greek legislation to
Directive 96/71/
EC of the European Parliament and of the Council of 16
December 1996 regarding the posting of workers in the
context of the provision of services (L 18) and the Directive
(EU) 2018/957 of the European Parliament and of the
Council of 28 June 2018 amending Directive 96/71/EC on the
posting of workers in the context of the provision of services
(L 173),
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
d) perform activities of a self-employed worker, e)
are placed
by employment agencies, temporary employment
agencies or another enterprise that has a workforce
to work under the supervision and direction of
another enterprise or
f) have been accepted as full-time students or are
attending short-term supervised practical training
as part of their studies.
Article
54 Procedure for the admission of third-
country nationals in the context of
intra-company transfer (articles 5, 6, 7, 8,
11, 12,
13, 14 and 15 of Directive 2014/66) 1. Subject
to par. 6, the third- country national , who submits
an application for
admission based on the terms herein: a) presents
a valid passport or other travel document recognized documents certifying that he meets the conditions
by Greece and bearing a national entry visa for the
purpose of intra- company transfer, if required. The
period of validity of the travel document must cover
at least the initial duration of the residence permit.
The competent consular authorities of the country
grant the citizen of a third country every facility for
the granting of the required
visa, b) provides evidence that the host entity and
the company established in a third country belong
to the same company or group of companies, in the
sense of paragraph 3 of article 4, c) presents
certificates of the last three (3) months for the host
entity and for the company established in a third
country, from the relevant Chamber of Commerce
or other public authority that certifies the legal
establishment and operation of the companies and
the persons who bind the companies with their signature,
d) provides a copy of the charter of the hosting
entity, e)
provides an employment contract and a letter
assigning responsibilities from the employer, from
which the following
emerges: e. the duration of the transfer and the place a ofcareer
of the host entity or entities,
ev. evidence that the third-country national holds
a position as a manager, skilled worker or trainee
worker in the host entity or entities;
e.g. the amount of the remuneration, which must
not be lower than that provided to nationals, who
are employed in similar positions, in accordance
with the applicable
legislation, sec. the other terms and conditions of
employment that apply during the intra-company
transfer , in accordance with par. 1 of article 3,
except for sub-para. c' of c. D', of p.d. 30/2021 (A' 75), employed in similar positions. 4. The citizen of a
EU. evidence that the third-country national, after the
completion of the intra-company transfer, will be able to this article if he is a threat to the public
4143
be transferred to an entity belonging to the same
company or group of companies and established in
a third
country, f) provides proof of employment within
the same company or group of companies, for at
least twelve (12) continuous months immediately
before the date of the intra-company transfer in the
case of managers and skilled workers , and for at
least six (6) consecutive months prior to the same
date in the case of trainee workers, g) provides a
higher education
degree or evidence that the third country citizen
has the professional qualifications and experience
required in the host entity to which he is to be
transferred as a manager or skilled worker, or in the
case of interns , that he has the required university
qualifications,
h) submits, as the case may be, supporting
set for citizens of the European Union for the
exercise of the legally protected profession to which
the application refers, i)
provides a health insurance certificate for all the
risks covered for nationals , subject to existing
bilateral agreements, or that he has applied for
health insurance covering all the risks normally
covered for nationals for the periods in which he is
not provided with similar insurance coverage and
corresponding rights to benefits due to of his
employment contract or in conjunction with it,
The supporting documents of para. b', c', d', e', g', h' and i' sub
they are mandatory in the Greek language.
2. In addition to the evidence of paragraph 1, the
third-country national, who submits an application
for admission as a trainee worker, provides a
professional training agreement regarding his
preparation for the future position in the company or
group of companies, including description of the
vocational training program , in order to prove that
the purpose of his stay is to train, in order to pursue
residence
or to be trained in business techniques or
methods, its duration, as well as the conditions
under which the trainee worker is supervised during
the program.
3. During the intra-company transfer, the terms
and conditions of work applicable to employees in a
similar situation in the respective professional
branches shall apply to the third-country national ,
excluding remuneration. The remuneration provided
to the third-country national during the entire period
of his intra-company transfer cannot be less favorable
than the remuneration provided to nationals
third country is not accepted for the purposes of
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4144 GOVERNMENT GAZETTE
public order, public safety and public health, in
accordance with Article 8.
5. The applicant shall notify the competent
authorities of any change during the application
submission process that affects the admission criteria
herein .
6. The citizen of a third country who wishes to be
granted an "intra-company transfer permit" (residence
permit referred to as "E.2") in Greece must, after
entering the country and before the expiry of the
national entry visa for the purpose of intra-company
transfer, to submit an application for its granting
together with the supporting documents defined in the
decision of par. 1 of article 176. Applications for the
granting and renewal of the " intra-company transfer
permit" are submitted and examined by the Residence labor rights , terms or conditions of work,
Permits Directorate of the Ministry of Immigration and
Asylum and the relevant decisions are issued by the
Minister of Immigration and Asylum. 7. The
application for the "intra-company transfer permit" is
submitted if the first residence in Greece is the
residence of the longest duration during the transfer to the EU.
8. If, based on the information provided above, it is
found that the conditions for intra-company transfer
are met, the Residence Permits Directorate of the
Ministry of Immigration and Asylum grants the intra-
company transfer permit within ninety (90) days of
the submission of the complete application by the
interested party. The permit is issued using the uniform duration
form established in Regulation (EC) 1030/2002. "ICT
" is entered in the "remarks" field. Rejection decisions, the temporary presence of the intra-company
which include detailed reasons, are communicated to
the applicant and the host entity.
9. The duration of the intra-company transfer cannot
exceed three (3) years for managers and skilled
workers and one (1) year for trainee workers. After
the expiry of the period of time defined as the duration
of the leave, the intra-company transferees are obliged comply with the short and long term mobility rules of
to leave the territory of Greece. By way of derogation
from the above, managers and specialized employees
may apply for the granting of an "EU Blue Card", if
the conditions provided for in article 31 are met.
10. It is not possible to submit a request for entry
and residence for the same purpose before six (6)
months have passed from the end of the maximum
duration of
a transfer. 11. The validity of the intra-company
transfer permit is annual or equal to the duration of
the transfer in Greece, as long as it is shorter and can
be renewed up to a maximum of three (3) years for
managers and skilled workers and up to one ( 1) year
for trainee workers.
12. The applicant is entitled to submit an application
for the renewal of the intra-company transfer permit,
according to par. 13, within a period of two (2) months
before its expiry.
Issue A' 81/01.04.2023
13. An application for the granting or renewal of an
intra-company transfer license is rejected or the intra
-company transfer license is revoked in the following
cases: a) if
the conditions of paragraphs 1 to 5 are not
met, b) if the submitted documents or the license
have been obtained fraudulently or have been falsified
or otherwise falsified in any way, c) if
the host entity has been created with the sole
purpose of facilitating the entry of intra-corporate
transferees, d)
if the maximum length of stay has been completed
defined in par. 11,
e) if the employer or host entity does not fulfill its
legal obligations regarding social security, taxation,
f) if the business of the employer or host entity is or
has been placed in liquidation, in accordance with
Greek insolvency law or does not carry out a real
economic activity,
g) if sanctions have been imposed on the employer
or admission entity for undeclared work or illegal
employment, in accordance with article 23 hereof,
articles 85, 87 and 88 of Law 4052/2012 (A' 41), as
well as articles 23, 24 and 25 of Law 3996/2011 (A' 170),
h) if the request is submitted before the expiration
of six (6) months from the expiration of the maximum
of a disposition, i ) if the purpose or consequence of
transferee is to intervene or otherwise influence the
outcome of any dispute or negotiation between
workers and management,
j) when the intra-corporate transferee resides in the
relevant Member State for purposes other than those
for which he was permitted to reside,
k) when the intra-company transferee does not
article 55.
Article
55 Mobility of intra-company transferees
of third-country nationals
within the EU (Articles 20, 21, 22 and 23
of Directive 2014/66) 1. Third-country nationals
who hold a valid intra-company transferee permit
issued by another first member state may, based on
the due to a permit and one (1) valid travel document ,
under the conditions specified in par. 2 to 10 and
subject to par. 11 and 12, to enter, reside and work in
Greece.
2. Third-country nationals who hold a valid intra-
company transfer permit issued by another member
state are entitled to reside in Greece and work in any
other entity established in Greece and belonging to
the same company or group of companies for a period
of time ninety (90) days at most, within which-
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
any period of one hundred and eighty (180) days, in the
context of short mobility, subject to the conditions herein.
3. For this purpose,
the host entity of the first Member State of transfer is
required to notify the Directorate of Residence Permits of
the Ministry of Immigration and Asylum of the intra-corporate
transferee's intention to work in an entity established in
Greece. In this case, the notification is sent: a) either at the
time of submitting the application
to the first Member State of transfer, if mobility to
Greece is already foreseen at this stage,
b) either after the intra-company transferee has been
accepted in the first Member State of transfer, as soon as
the intention to exercise the right of mobility towards
Greece is declared. 4.
The employment contract and the delegation letter,
which were submitted to the first Member State of transfer ,
shall be attached to the notification and the period of time
of the transfer due to mobility shall be specifically specified,
if the specific dates do not appear from the attached
documents. The above must be written in the Greek
language.
5. If the notification is made in accordance with para. a'
of par. 3 and when the competent agency does not raise
any objection before the first member state of transfer, in
accordance with par. 7, the mobility of the intra-company
transferee to Greece may take place at any time within the
validity period of the intra-company transfer permit . 6. If the
notification has taken place in accordance with paragraph
b of
paragraph 2, the mobility can begin after the notification
in Greece, immediately or at any time thereafter, within the
validity period of the intra-company transfer permit.
7. Within twenty (20) days of receiving the notification ,
the competent Directorate of the Ministry of Immigration
and Asylum may raise an objection regarding the mobility
of the intra-corporate transferee to its territory, provided
that: a) the conditions of second paragraph
of par. 3 of article 54, b) the submitted documents have
been obtained fraudulently or
have been forged or otherwise falsified, c) the maximum
length of stay has been completed in accordance with par.
11 of article 54 or par. 2 of the present. The objection
shall be notified without delay to the competent authorities
of the first
Member State of transfer and to the host entity of that
State. 8. If the mobility objection is raised before the mobility
takes place in Greece, the intra- company
transferee is not allowed to work in the country as part of
the intra-company transfer. If the mobility has already
started, paragraphs 15 and 16 apply.
4145
9. When the permit of the intra-company transferee is
renewed by the first Member State of transfer within the
maximum duration provided for in par. 11 of article 54, the
renewed permit continues to allow its holder to work in the
country, subject to the maximum duration defined in par. 2.
10. Intra-corporate transferees who are considered to pose
a threat to
public order, public security or public health are not
allowed to enter or stay in the country. 11. Citizens of third
countries, who hold a valid intra-company transfer permit
issued by the first member state of
transfer and who intend to reside in Greece and work in
any other entity established in its territory and belonging to
the same company or group of companies, for a period of
more than ninety (90) days, in the context of long-term
mobility, can stay and work in Greece based on the intra-
company transfer permit issued by the first member state
and during its validity, in accordance with pars. 2 to 10. 12.
If the intra-company transferee crosses the external Greek
border on the basis of an intra- company transfer permit
issued by a transfer member state that does not fully apply
the Schengen acquis, he must submit to the competent
Greek border authority a copy of
the notification of par. 3 as proof that he is moving to
Greece for the purpose of the intra-company transfer. 13.
If the Directorate of Residence Permits of the Ministry of
Immigration and Asylum revokes, in accordance with par.
13 of article 54, an intra-company transfer permit , which
provides for mobility in a second member state of transfer,
it must immediately inform the authorities of the second
member state. 14. The host
entity informs the competent Directorate of the Ministry
of Immigration and Asylum of any modification that affects
the conditions on the basis of which mobility has been
permitted.
15. The intra-company transferee must immediately
cease all work activities and leave the Greek territory if: a)
the competent authority has not
received a notification in accordance
according to par. 3 and 4 or
b) the competent authority has objected to the mobility,
in accordance with par. 7 or c) the intra-
company transfer permit is used for purposes other than
those for which it was issued or d) the conditions under
which the
mobility was allowed are not met most. 16. If a citizen of
a third country inter-company
transferee , who has moved from Greece to a second
Member State of transfer, ceases work activity in the
second Member State, it is permitted, at the request of the
second Member State, to return to Greece without
formalities and without
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4146 GOVERNMENT GAZETTE
delay of the intra-company transferee, as well as his
family members, within the time limits of par. 11 of
article 54. This also applies if the intra-company
transfer permit issued by the Greek competent
authority has expired or been revoked during the
mobility in the second Member State of transfer.
17. When the holder of an intra-company transfer
permit crosses the external borders of Greece, the
competent authorities consult the Schengen
Information System and refuse entry or object to the
mobility of persons, who have been registered as
undesirable in the Schengen Information System.
Article
56 Common
arrangements (Articles 4, 9, 10, 19 and
23 of Directive 2014/66) 1. This applies subject to English. 5. Articles
more
favorable provisions: a) of the legislation of the
European Union, including bilateral or multilateral
agreements concluded between the European Union
or the European Union and its member states on the
one hand and one or more third countries on the other,
b) bilateral or multilateral agreements concluded
between the Hellenic Republic or several member
states and one or more third countries. 2. The
competent Directorate of the Ministry of Immigration permanent residence and has a two-year minimum
and Asylum carries out checks regarding compliance
with the conditions of admission, residence and
mobility both by the intra-corporate transferees and
by the host entities. The Minister of Immigration and
Asylum imposes sanctions on the receiving entity
when it is established that: a) the
receiving entity has failed to notify the mobility of the Ministry of Immigration and Asylum examines the
the intra-company transferee, in accordance with
paragraphs 3 and 4 of article 55, or b)
the intra-company transfer permit is used for
purposes other than those for which it was issued,
or c) the
longest stay within the total time of intra-company
transfer is planned to be spent in another member
state of the European Union, or
d) the intra-corporate transferee no longer fulfills
the criteria and conditions on the basis of which the
mobility was permitted and the host entity has not
notified the competent authorities of this change, or
e) the intra-company transferee started working in
Greece, even though the mobility conditions were
not met. 3. Sanctions
may be one or more of the following: a) refusal to
renew or
revocation of all intra-company transfers on behalf
of the same entity that are in force,
b) exclusion of the entity from the possibility of
carrying out another intra-company transfer for two
(2) years or for four (4) years in case of recurrence, intra-company transfer permit, its holder has the right to:
Issue A' 81/01.04.2023
c) imposition of a fine of one thousand five hundred
(1,500) euros, or three thousand (3,000) euros in
the case of a repeat offense, per transferred third-
country national. The Directorate of Residence
Permits of the Ministry of Immigration and Asylum
informs the host entity about the possibility of
submitting sanctions, in accordance
with par. 2 and this one. 4. The competent
authorities shall provide the applicants with information
on all supporting documents required for the
submission of the application and information on
entry and residence, as well as the rights, obligations
and procedural guarantees of themselves and
members of their family. They also make easily
available the information on the procedures applicable
to short and long mobility referred to in article 55.
The information is posted on the website of the
Ministry of Migration and Asylum in Greek and
83 to 90 shall apply to internally transferred third-
country nationals who have entered the country or
moved in accordance with article 55, subject to the
derogations established herein. a) By way of
derogation from paragraph 1
of article 83 and paragraph 1 of article 84, family
reunification does not depend on the condition that
the holder of the intra-company transfer permit has a
reasonable prospect of acquiring the right of
period of residence . b) In
derogation of paragraph 3 of article 86, residence
permits for family members are granted, if the
conditions for family reunification are met, within
ninety (90) days from the date of submission of the
complete application. The competent department of
application for a residence permit for the family
members of the intra-company transferee at the
same time as the application for the granting of an
intra-company transferee permit, in cases where the
application for a residence permit for family members
of the intra-company transferee submitted at the
same time. The procedural guarantees of paragraphs
8 and 12 of
article 54 apply accordingly. c) By way of derogation
from paragraph b of paragraph 1 of article 89 and
without prejudice to the principle of preference for
citizens of the European Union, the family members
of the intra-company transferee, in whom the
possibility of family reunification has been recognized ,
have right of access to employment with dependent
work and the provision of services or work.
Article
57 Rights of intra-company transferees
of third-country
nationals (Articles 17 and 18 of
Directive 2014/66) 1. During the validity of the
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
a) free access to the entire territory with the
limitation of those defined in the decision of par. 24
of article 176,
b) exercising the specific employment activity for
which he has received the permit, in any host entity
established in Greece that belongs to the employing
company or to the group of companies. 2. Regardless
of the law
governing the employment relationship and
subject to the second paragraph of paragraph 3 of
article 54, intra-company transferees accepted under
this Chapter enjoy at least equal treatment with
posted workers subject to scope of application of
the p.d. 30/2021 (A' 75) regarding the terms and
conditions of employment, in accordance with point
c of paragraph 1 of article 3 thereof. 3. Intra-company
transferees enjoy equal
treatment of nationals in terms of:
a) to the freedom of association, affiliation and
participation in an organization of workers or
employers or any professional organization ,
including the benefits provided by these organizations, notifications received in accordance with par. 3 of
such as the right to take trade union action and
participate in a strike, the right to negotiate and
conclude collective contracts and subject to public
order and public security, b) the recognition of
diplomas, certificates and other
professional qualifications, in accordance with the
relevant national procedures, c) the written provisions
regarding the branches of
social security, in accordance with Article 3 of
Regulation (EC) 883/2004, unless the law of the
country of origin applies by virtue of bilateral
agreements or the national law of the Member State
where the work is provided, ensuring that intra-
corporate transferees are covered by social security
legislation in one of these countries. In case of intra-
EU mobility, and subject to bilateral agreements
ensuring that the intra-company transferee is
covered by the national legislation of the country of
origin, Regulation (EC) 1231/2010 shall apply
accordingly ,
d) subject to Regulation (EC) 1231/2010 and
bilateral agreements, the payment of statutory old-
age, disability and death pensions based on the
previous employment of intra-company transferees,
which have been acquired by intra -company
transferees, who move in a third country or their
legal heirs, in accordance with article 3 of Regulation 82), on the establishment in Greece of foreign
(EC) 883/2004, under the same conditions and at
the same rate as Greek citizens when they move to
a third country,
e) access to goods and services and the supply
of goods and services offered to the public, with the
exception of procedures for the acquisition of land ,
subject to freedom of contract and services provided
by public employment services.
4147
4. The right to equal treatment provided for in
paragraph 3 does not affect the right of the
competent services to revoke or refuse to renew the
residence permit issued under this Code.
Article
58 Point of contact -
Statistics (articles 24 and 26 of
Directive 2014/66) 1. The Directorate of Residence
Permits of the Ministry of Immigration and Asylum is
defined as the Greek point of contact with the
corresponding competent services of the other
member states of the European Union for the receipt
and transmission of the information required for the
implementation of paragraphs 2 to 17 of article 55.
2. The Ministry of Immigration and Asylum, once (1)
every year, announces to the European Commission,
in accordance with Regulation (EC) 862/2007,
statistics data on the number of intra- company
transfer licenses issued for the first time and
article 55, and to the extent possible , on the number
of intra-company transferees whose license has
been extended , renewed or revoked. These
statistics are broken down by nationality, duration of
validity of the license and, as far as possible, by
economic sector and position of the taxpayer.
CHAPTER D
RESIDENCE PERMITS
FOR SPECIAL PURPOSE EMPLOYMENT
("E.3" TYPE RESIDENCE PERMIT)
Article
59 Scope
Subject to paragraph f, it is allowed to enter the
country, after previously obtaining a national entry
visa in accordance with article 27, citizens of third
countries who are going to reside and work in
Greece as: a. managers,
business and technical executives of companies
of Law 2289/1995 (A' 27) engaged in marine
research, drilling and extraction of hydrocarbons, b.
civil servants and
legal representatives who are employed exclusively
in companies that have been subject to the provisions
of the a.n. 89/1967 (A' 132) and Law 378/1968 (A'
commercial and industrial companies, Article 25 of
Law 27/1975 (A' 77), on the establishment of offices
in Greece or branches of foreign shipping companies,
as well as in companies of n.d. 2687/1953 (A' 317),
on investment and protection of foreign funds. The
present residence permits are excluded from the
application of paragraph 6 of article 18 hereof on
absence from Greek territory,
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4148 GOVERNMENT GAZETTE
c. technicians employed in industries or tailoring under
the terms of the a.n. 448/1968 (A' 130), except for the
period of residence, d.
managers of investment schemes of a strategic investment
body in accordance with the specific provisions of par. 2 of
article 2 of Law 4864/2021 (A' 237), on strategic investments
and improvement of the investment environment, e.
employees in
companies, based on special international agreements
or recommendations of competent Greek authorities. f.
teachers of foreign schools operating in Greece with a
license from the competent body of the Ministry of Education
and Religion. The same procedure is applied to the
teachers of private and equal schools, as well as to the
educational staff of the agencies of subpar. Th.3 of
paragraph I of the first article of Law 4093/2012 (A' 222), as
long as written contracts are provided, by virtue of which
the present teachers teach courses in their mother tongue,
which is an official language of a member state of of the
European Union, g. athletes and coaches of a sport that
has been recognized by the Greek sports
authorities, for their registration, transfer or recruitment
in a recognized sports association, in a Sports Corporation
(A.A.E.) or in a Department of Paid Athletes (TAA) with a
work contract/contract, provided they receive a uniform
entry visa (Visa C),
h. ministers of the prevailing religion or recognized
religion in the country who exercise exclusively priestly
duties, provided that a certificate from the relevant
metropolitan, in the case of ministers of the prevailing
religion, or a certificate from the Ministry of Education and
Religious Affairs, in the case of ministers of a known
religion, is presented to the competent Greek consular
authority religion following a previous written declaration
by the relevant representative of the known religion in the
country before the Ministry of Education and Religious
Affairs that the above officials will perform exclusively
priestly duties and that their living expenses and medical
care are covered by the known religion in the country, i.
members of a foreign archaeological school, whose
scientific
activity is under the supervision of the Ministry of Culture
and Sports for work in the context of the school's activity.
Article 60
Common
arrangements 1. The residence
permit is granted: a. The citizens of third countries of
paragraphs a', b', c', d' and e' of article 59 are granted by
decision of the Minister of
Immigration and Asylum and b. to the citizens of third
countries of paragraphs f, g, h and i of article 59 it is granted
by decision of the Secretary of the decentralized
administration of their place of residence .
Issue A' 81/01.04.2023
2. The validity of the residence permit is three years or
equal to the intended period of residence in the country, if
this is shorter, which is renewed every three years, as long
as the interested parties continue to provide their services.
The above citizens of third countries may, in derogation of
par. 1 of article 84, be accompanied by their family members,
who are granted a residence permit for family reunification
that expires at the same time as the residence permit of the
dependents. 3. In the residence permit of third country
citizens of par. 1, "Residence permit for
special purpose work - Type E.3" is written and in the
field "Remarks" the professional status of the holder. 4.
Businesses, organizations, legal entities of public or private
law, which employ the citizens of third
countries of par. 1, are obliged to notify the Directorate
of Residence Permits of the Ministry of Immigration and
Asylum or the competent directorates of the decentralized
administrations of the country according to case, any
change in the employment status of the interested parties.
CHAPTER E
RESIDENCE PERMITS FOR
EMPLOYMENT AFTER
MOVEMENT ("E.4" TYPE RESIDENCE PERMIT)
Article 61
Conditions and procedure for re-call 1.
Citizens of third countries who are going to reside and
work in Greece and who do not fall into the categories of
Chapters B' are allowed to enter the country, after having
previously obtained a national entry visa in accordance with
article 27 , C', D', F' and G' of this Part. 2. Each employer,
who wishes to hire personnel from
paragraph 1 for dependent work, based on the jobs
included in the Act of the Council of Ministers of article 26,
submits, through the electronic services of the Ministry of
Immigration and Asylum, an application to the Directorate
of Aliens and Immigration of the Decentralized Administration
within the boundaries of which the employer has its
headquarters , in which the number of jobs, the data and
the nationality of the third-country nationals to be employed,
the specialty, as well as the period of the of employment.
3. The application is accompanied by: a) a valid
employment contract for at least one (1) year in Greece,
from which it follows that his remuneration is equal to, at
least , the monthly wages of the unskilled worker and b) a
tax clearance note or a copy of a tax declaration of a legal
entity, from which the employer's ability to pay the monthly
wages, as defined in the employment contract, is derived.
Along with the application, the employer submits proof of
payment of a fee of two hundred (200) euros for each third-
country citizen who wants to
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
tuition, which is collected in favor of the State
and is not returned.
Article 62
Determining the volume of incoming third-
country citizens for employment upon
revocation
For the determination of the volume of admission of
incoming third-country citizens for employment upon
revocation, the provisions of article 26 shall apply.
CHAPTER VI
SEASONAL WORK -
INCORPORATION OF DIRECTIVE
2014/36/EU OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL OF
26 FEBRUARY 2014 ON THE CONDITIONS
OF ENTRY AND RESIDENCE OF THIRD-
COUNTRY NATIONALS WITH STOP SEASONAL WORK
Article 63
Admission of citizens of third countries for
the purpose of
seasonal work - ("E.5" type
residence permit) 1. With this Chapter, Directive
2014/36/EE of the European Parliament and of the
Council of February 26 is incorporated into Greek
legislation of 2014, regarding the conditions of entry and
residence of citizens of third countries for the purpose
of seasonal
work (L 94). 2. This applies to citizens of third countries contract includes: c) the type of employment, c) the
who, either live outside the Greek territory and request
to be allowed to enter and stay there, or have already
been accepted in the Greek territory for the purpose of
seasonal work. 3. This does not apply
to citizens of third countries, who: a) at the time of
submitting
the application already reside in Greek territory,
excluding the cases of citizens of third countries who
have entered with a uniform short-term (Schengen)
multiple-entry visa of maximum valid for six (6) months
with a period of stay of ninety (90) days for seasonal
work, in accordance with the provisions of Regulation
(EC) 810/2009 and paragraph n' of article 4 hereof, b)
are family members of citizens of the European Union
of the Union
exercising the right of free movement within the
European Union in accordance with decree 106/2007
(A' 135), on the free movement of citizens of the
European Union and their family members of article 162
or c) together with their family members and regardless
of nationality, they enjoy rights
of free movement, equivalent to the rights of citizens
of the European Union, by virtue of agreements
concluded either between it and its member states or
between the European Union and third countries of
origin their.
4149
4. An employer, who wishes to hire a citizen of a third
country for seasonal work, based on the jobs, which are
determined by the procedures of article 26 and concern
employment sectors in which seasonal work of citizens
of three countries is possible, submits, in accordance
with the procedure of article 27, application, which
indicates the number of jobs, full details (surname, first
name, surname and father's name, surname and first
name of mother, country and date of birth, citizenship,
passport number, date of issue and expiration date,
country of issue) of third- country nationals to be
employed, the specialty, as well as the period of
employment. The employer's application concerns a
total employment period of up to nine (9) months per
twelve (12) month period and may be extended to a total
period of up to five (5) years. The application is
accompanied by the following supporting documents:
a) proof of payment of a fee of one hundred
(100) euros, which is collected in favor of the State
and is not returned regardless of the outcome of the
request, b) a responsible statement stating: b) that he
undertakes the foreseen costs, if the conditions of
application of paragraph 3 of article 80 of Law 3386/2005
(A' 212) are met and bb) the Greek consular authority,
to which the citizen of a third country will go to receive
the required in the case of an entry visa, c) a valid
employment contract for the purpose of seasonal work,
signed by the employer
established in Greek territory. The employment
place where it takes place, c) the start date, c) the
duration of the employment, c) the number of working
hours, within the week or month, gf) the employee's
remuneration, which cannot, under any circumstances,
be less than the wages of an unskilled worker, gg) the
amount of the potential leave allowance, if provided for
by the contract and g) any other working conditions, as
the case may be . If the employer submits an application
for the employment of the third-country national as a
seasonal worker, for more than one period of nine (9)
months, the applicant
submits an employment contract of the corresponding
duration . The employment contract provides that the
third- country national seasonal worker for his
employment is subject to the case-by-case insurance,
which is provided for the corresponding sector of
seasonal employment , in accordance with the current
Greek labor and insurance legislation, d) evidence,
which certify that the citizen of a third country meets the
conditions for practicing the profession defined in the
contract if this is regulated
by law, in accordance with the p.d. 38/2010 (A' 78),
on the adaptation of Greek legislation to Directive
2005/36/EC regarding the recognition of professional
qualifications. The pro-
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4150 GOVERNMENT GAZETTE Issue A' 81/01.04.2023

determination of the provisions applicable in each of. The seasonal worker is covered by the e-EFKA
case is carried out on the basis of the description of insurance , based on the activity or employment
the profession in the relevant carried out, as in the case of nationals. In the case
employment contract, e) evidence that the seasonal of the employment of the seasonal worker in another
worker is provided with accommodation suitable for sector where seasonal employment is permitted, in
accommodation, which concern, among others, accordance with the provisions herein, the relevant
ownership, county, possession and suitability of the labor and insurance legislation regarding the
accommodation proven by a responsible declaration employee's inclusion in the country's insurance
of the employer, which includes the relevant system shall be applied.
information. When the accommodation is provided 6. Competent for examining the employer's
by the employer, he must, on the one hand, ensure application is the locally competent service of one
that the accommodation meets the required health stop of the Decentralized Administration, where the
and safety standards, under the control of the employer has its headquarters and which sends the
competent services, and on act of approval of employment to the competent
the other hand, inform the competent authority of Greek consular authority, in accordance with par. 2
any change thereof. If the seasonal worker is required of article 27. The one-stop services of the
to pay rent, the employer shall issue a lease Decentralized Administrations of the country, if the
agreement or equivalent document clearly stating present conditions are met, issue within ten (10)
the terms of the lease. In any case, the amount of working days from the submission of the employer's
the rent must be proportional to the seasonal application, individual approval, as well as a
worker's remuneration and the quality of the consolidated statement of the applicants, the which
accommodation, while it is not automatically deducted they both send to the consular authorities for the
from his salary. When the accommodation is not issuance of a national entry
provided by the employer, he must submit to the visa in accordance with article 64. The approval
competent service data demonstrating that the acts of the competent departments of the
seasonal worker has his own accommodation, which decentralized administrations, for which corresponding
meets the standards national visas were issued by the consular authorities
required by law as mentioned above, f) photocopy in accordance with article 64, are notified without
of the delay from the date of sending the summary
citizen's passport of a third country, g) if an statements of the applicants to the consular
employer submits an application for the employment authorities in accordance with the second paragraph,
of a citizen of a third country as a seasonal worker in to the Central Service of e-EFKA, to the A.A.D.E., to
the agricultural economy, submits, in addition to the the regional services of the Labor Inspectorate and,
above supporting documents, a certificate for the in case of employment of the worker in the
"Transfer of citizens of third countries" from the agricultural economy, in the General Directorate of
Register of Farmers and Agricultural Holdings, based Decentralized Structures of the Ministry of Rural
on the single crop declaration let or rearing of Article 9 ofDevelopment
Law 3877/2010and(A' 160),If as
Food. thethe case may
employer hasbe.
The third-country national seasonal worker, upon submitted an application for the employment of the
entering the Greek territory after the issuance of the third country citizen for more than one period of
transfer authorization and the granting of the required employment, each of which lasts up to nine (9)
entry visa, in accordance with this Chapter, must months, the competent agency issues an approval
bring a certificate of marital status or a birth certificate act, which concerns all the periods requested by the
with his details visible third country citizen 's employer, i.e. up to five (5) years of validity of the
patronymic and patronymic , officially translated into employment authorization . If the application is
the Greek language and authenticated. The submitted electronically, in a special application
supporting document of the accessible through the Unified Digital Portal of the
previous paragraph is not required for the Public Administration (gov.gr), the competent services
submission of the transfer request, but the citizen of of A.A.D.E. issue a one-time tax registration number
a third country must submit it when submitting the (A.F.M) for the employee and send it to the competent
request for a residence permit for seasonal work, as services of the Electronic Social Security
well as for transactions with the Independent Public Administration (IDIKA) S.A., which issue a social
Revenue Authority (A .A.D.E.) and the Electronic security registration number (A.M.K .A.) of the
National Social Security Agency (e-EFKA), for the employee. The
issuance of a Tax Registry Number (A.F.M.) and a above information is communicated to both the
Social Security Registry Number (A.M.K.A .). 5. employer and the insured. 7. The Greek consular
Fulfillment of the conditions authorities decide on the application for a visa to
herein grants the third country citizen the right to enter the Greek territory for the purpose of seasonal
work as a seasonal worker for as long as the stay work and communicate their decision to the applicant,
lasts no later than sixty (60) days from the submission of the complete app
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
8. If an application is submitted to extend the right of
residence based on the visa of paragraph c of paragraph
1 of article 64 or an application for granting a residence
permit for seasonal work under article 66, accompanied
by complete supporting documents, the seasonal worker
is not required to stop the employment relationship at the
time of examination of the
application. 9. If the supporting documents submitted
with the application are incomplete, the competent one-
stop service shall inform the applicant of additional
information required and set a reasonable deadline for
their submission. The deadlines related to the act of
approval of par. 6, as well as the decision to grant an
entry visa of par. 7, are suspended until the complete file
is received by the relevant department. 10. If the validity
of the entry visa for the
purpose of seasonal work expires during the examination
procedure of the application for the extension of the stay
or for the issuance of the residence permit for seasonal
work under Article 66, the competent services shall allow
the seasonal worker to remain in Greek territory until the
decision is taken, provided that the application for
extension of stay was submitted during the validity of the
entry visa and the maximum permitted period of
employment for seasonal work has not been completed.
Article 64
Issuance of an entry visa for the purpose of
seasonal work 1.
The consular authority, to which a decision approving
employment for seasonal work of a third-country citizen
has been forwarded in accordance with article 27, and
provided that the other general and specific conditions
for granting entry visa, grants him, as the case may be:
a) a national entry visa for
seasonal work with a maximum period of validity and
stay of nine (9) months. The citizen of a third country may
re-enter with a corresponding visa after the expiry of
three (3) months from the expiry of the previous entry
visa or
b) national entry visa for seasonal work of a maximum
validity of one (1) year with the right to stay for seasonal
work of a total duration of nine (9) months during the
validity of the visa, which is related to the periods of
employment stipulated by the employment contract, or c)
uniform short-term (Schengen) multi-entry
entry visa with a maximum validity of six (6) months
with a duration of stay of ninety (90) days for seasonal
work, in accordance with Regulation (EC) 810/2009 and
paragraph n of article 4 of this, d) especially for fishermen
who are subject to the provisions of the bilateral
agreement between the Hellenic Republic and the Arab
Republic of Egypt, which has been ratified by Law
1453/1984 (A' 88), national entry visa for seasonal work
fisherman, maximum for the duration of validity and stay
of eleven (11) months.
4151
For the implementation of this, the employment contract
of the seasonal worker includes the estimated time
periods of his employment. The present entry visa grants
the right to access the labor market exclusively for the
provision of the work provided for in the employment
contract and, subject to par. 3, to the specific employer ,
upon whose invitation it was granted. When issuing the
national visa or the short-stay visa, the competent
consular authority shall state in the "Remarks " area of
the national data of the visa sticker that it is issued for the
purpose of seasonal work, in accordance with point 12
of the Annex to the Regulation (EC) 1683/1995 of the
Council of 29 May 1995 on the establishment of a uniform
visa type (L 164). If the applicant had entered the country
in the past for the purpose of seasonal work and in order
to be granted the above-mentioned visa as the case may
be , it will be examined by the competent authorities if he
complied with the obligations arising from this visa. 2.
After completing the maximum length of stay , the
seasonal worker cannot return to the Greek territory if
three (3) months
have not been completed since the completion of the
seasonal employment , according to the first paragraph
of paragraph a of the paragraph .1, with the exception of
fishermen subject to the provisions of the bilateral
agreement between the Hellenic Republic and the Arab
Republic of Egypt, ratified by Law 1453/1984, who cannot
return to Greek territory, unless one (1) month has
passed since the completion of seasonal employment of
a maximum duration of eleven (11) months. The
seasonally employed citizen of a third country must
depart from Greek territory immediately after the end of
the employment period. In case of non-compliance, he is
not allowed to re-enter the country for any of the reasons
provided for herein and for a period of up to five (5) years
from the date on which he was obliged to depart from
Greek territory. 3. Within the maximum period, as defined
in the first paragraph of paragraph a of paragraph 1 and
before its expiration, provided that the conditions of article
63 are met, the citizen of a third country, who has been
granted a visa entry for the purpose of seasonal work
and is legally in Greek territory, submits
an application for an extension of his stay, if: a) his
contract with the same employer is extended
or enters into a new contract with a different employer,
b) the maximum duration is not exceeded
of residence and
c) the rejection reasons of article 15 do not apply,
case by case.
4. The competent agency rejects the application to
extend the residence of a third-country citizen for the
purpose of seasonal work, if the maximum duration has been completed
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4152 GOVERNMENT GAZETTE
residence permit, as defined herein or the seasonal
worker has submitted an application for international
protection pursuant to Law
4939/2022 (A' 111). 5. The extension of stay for the
purposes of this is granted in accordance with par. 5 of
article 7. Extension of stay, in application of this article, is
granted once.
6. Seasonal workers, after entering the country and
starting their employment, are granted the prescribed
health benefits for their sector of employment . 7. After
the seasonal worker
has entered the country, he may be imposed, by order
of the Secretary of the Decentralized Administration of his
place of residence , a health check for reasons of public
health, which is limited to the absolutely necessary
procedures and does not involve expenses of the worker.
8. a. The competent Greek consular authority, without
prejudice to the general and special conditions of
refusal of entry in accordance with the provisions herein,
shall not grant or revoke the entry visa when it is
established by itself or the competent one-stop service
that:
aa) the documents submitted have been obtained
fraudulently or have been forged or otherwise falsified, b)
the seasonal worker has submitted an application
of international protection according to Law 4939/2022,
c) the conditions for admission are not met
or the seasonal worker's employment,
ad) the employer's business has been placed in
liquidation , ae) the employer does not fulfill its legal
obligations regarding social security, taxation, labor rights
or employment conditions, in accordance with the
applicable law or collective agreements, a) the citizen of
a third
country has not complied with the obligations arising
from a previous decision to grant an entry visa for the
purpose of seasonal work,
az) the employer has suffered sanctions for undeclared
work or illegal employment, in accordance with article 23
hereof and articles 85, 87 and 88 of Law 4052/2012 (A'
41), a) the employer
has not fulfilled the liabilities
arising from the employment contract, or
a) the citizen of a third country resides in Greek territory
for purposes other than that of seasonal work. b. The
reasons
for rejection or revocation of an entry visa are applied
proportionally to the rejection or revocation of the act of
approval of par. 2 of article 27. c. In parallel with this, the
provisions on rejection and revocation apply, as they
apply in Regulation (EC) 810/2009. 9. The legal and
factual reasons, for which an
application for the granting of an entry visa for the
purpose of seasonal work is rejected or the application
for its extension is rejected, are communicated to the
applicant, as well as to the case-by-case
Issue A' 81/01.04.2023
competent Greek consular authority. The reasons for the
decision to revoke an entry visa for the purpose of
seasonal work are communicated on the one hand to
the competent one-stop service, and on the other to the
seasonal worker and his employer.
10. Any decision to refuse or revoke an entry visa takes
into account the particularities of the particular case,
including the interests of seasonal workers, and is taken
in accordance with the principle of proportionality.
11. In the event of an appeal to an administrative court
by a citizen of a third country of a seasonal worker, he is
not released from the obligation to leave the Greek
territory after the end of his maximum period of stay for
seasonal work in accordance with the provisions herein.
12. The procedural guarantees
regarding short -stay visas are defined in the relevant
provisions of Regulation (EC) 810/2009. 13. The Migration
Policy Directorate of the Ministry of
Migration and Asylum, in accordance with Regulation
(EC) 862/2007 of the European Parliament and of the
Council, of July 11, 2007, on Community statistics on
migration and international protection and the repeal of
Regulation (EEC) 311/76 of the Council on the keeping
of statistics on foreign workers (L 199), announces every
year to the European Commission, statistical data on the
number of citizens of third countries who have been
granted an entry visa for the purpose of seasonal work
for the first time, as well as for the number of those whose
visas were extended or revoked during the previous
calendar year. These statistics are distributed by
nationality and, if possible, by duration of validity of the
visa and by sector of seasonal activity.
14. The statistics of par. 13 have a reference period of
one (1) calendar year and are communicated to the
European Commission within six (6) months from the end
of the reference year.
Article 65
Rights - Equal treatment of third-country
nationals, seasonal workers
(Articles 22 and 23 of Directive
2014/36) 1. Seasonal workers enjoy equal treatment
with nationals in terms of: a) the right to
enter and reside in the Greek territory, as well as free
access to it, subject to the prohibition of residence or
establishment in certain geographical areas of the Greek
territory for reasons of public interest , within the period
of validity of the entry visa, b) to the right to exercise the
specific activity for for which they have received the
corresponding entry visa, c) the conditions of
employment, including the minimum age limit for work-
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sia, working conditions, including pay and dismissal
conditions, working hours, leave and holidays, as
well as health and safety requirements in the
workplace,
(d) the right to strike and to take trade union action, to
freedom of association , to join and participate in an
organization of workers or employers or in any professional
organization, including the benefits provided by such
organizations, including the right negotiation and conclusion
of collective agreements, e) in education and vocational
training , f) in the recognition of diplomas, certificates
ethical and other professional qualifications,
g) in the payment of arrears by employers, with regard to
all fees owed to the citizen of a third country, in accordance
with Article 81 of Law 4052/2012 (A' 41), h) in the written
provisions regarding the branches
social security, as defined in Regulation (EC) 883/2004
of the Council. The special provisions of the Annex to
Regulation (EC) 1231/2010 shall be applied accordingly , i)
without prejudice to existing bilateral agreements, to the
payment of
amounts related to acquired rights in the context of
statutory old-age pensions to the extent provided for by
national legislation or the legislation of the other member
states of the European Union that owe the amounts in
question in the event of moving to a third country, j) access
to goods and services and the supply of goods and services
made available to the public,
other than housing, with the reservation of the freedom
to enter into contracts, k) to tax advantages, provided that
the employee is considered to have a tax residence in the
Greek territory,
l) advisory services regarding seasonal work provided by
employment agencies. 2. Seasonal workers who move to
a third country
or the heirs of said workers who reside in a third country
and draw rights from them, receive the legal pensions to
which they are entitled based on the seasonal worker's
previous employment, in accordance with article 3 of the
Regulation (EC) 883/2004, under the same conditions and
with the same rates, as nationals when moving to a third
country. 3. The right to equal treatment is not granted: a.
with regard to family allowances and unemployment
benefits, subject to Regulation
(EC) 1231/2010 and the provisions of national legislation
regarding the social security branches, as defined in
Regulation (EC) 883/2004, b. in terms of education and
vocational training in cases where it is not connected
4153
directly with the specific professional activity . The concept
of equal treatment does not include allowances, study and
living loans or other allowances and loans related to
education or professional training, c. with regard to tax
advantages, in cases where
the residence or the usual residence of the members of
the family of the seasonal worker , for which he requests
benefits, is not within the Greek territory.
4. The right to equal treatment in paragraph 1 does not
affect the right of the competent services to revoke or reject
the extension of the entry visa for the purpose of seasonal
work in accordance with article 64. 5. The competent Greek
consular
authorities and the competent one-stop services, as the
case may be, provide seasonal workers and employers with
all the necessary information on the application process,
the supporting documents, their rights and obligations, as
well as the prescribed procedural guarantees.
CHAPTER G
RESIDENCE PERMIT FOR SEASONAL WORKERS
(RESIDENCY PERMIT TYPE "E.6")
Article 66
Conditions, granting and renewal procedure,
rights, granting authority 1. A citizen of a
third country, who has entered the Greek territory by
virtue of a one-stop employment authorization from the
competent service, which concerns one or more periods of
employment of a maximum duration of nine (9 ) months
per twelve (12) month period and a national entry visa for
seasonal work may apply for a residence permit for the
purpose of seasonal employment in accordance with this.
2. The seasonal work residence permit for the purpose of
seasonal employment has a validity period of up to five (5)
years, depending on the employment contract presented
by the third country citizen and grants the third country
citizen the right to seasonal employment and residence in
Greece for period of up to nine (9) months per twelve (12)
month period, applicable to the rest of articles 63 to 65 to
the extent that they regulate seasonal work. The period of
validity of the seasonal worker's
entry visa is also taken into account in determining the
validity period of the residence permit herein . 3. The
application for the granting of the present residence permit
shall be
submitted by the third country citizen after entering the
Greek territory under the national entry visa and before its
expiry to the Aliens and Immigration Directorate of the
Decentralized Administration where it is headquartered of
the employer.
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4154 GOVERNMENT GAZETTE
4. By decision of the Secretary of the Decentralized
Administration, the citizen of a third country is granted a
seasonal residence permit, if there is a job available , in
accordance with article 26 and if the applicant , apart from
the general conditions for granting a residence permit in
article 8, submits the following: a) a valid employment
contract for the purpose of seasonal work, signed by an
employer established in Greek territory and the applicant,
which includes all the provisions in point c of paragraph 4
of article 63. The contract of work provides that the
seasonally employed citizen of a third country is subject to
the case-by-case insurance, which is provided for the
corresponding sector of seasonal employment. Especially
in the event that the employment contract concerns a
seasonal worker in the agricultural economy, he is covered
by the insurance of the Electronic National Social Security
Agency (former Agricultural Insurance Organization) with
a trademark, in accordance with article 27 of Law 2639/1998
(A ' 205) and article 20 of Law 3863/2010 (A' 115). In the
case of seasonal employment in a sector, where the above-
mentioned regulations on employment contracts do not
apply , the applicable labor and insurance legislation applies,
b) receipt of seventy-five (75) euros for the total period of
validity of the residence permit, which is submitted in the
form of an electronic receipt and is not returned regardless
of the outcome of the request, c) evidence that the
employee
has suitable accommodation for the stay of. If the
accommodation is provided by the employer, the applicant
submits a responsible declaration of the employer in
accordance with par. e of par. 4 of article 63, d) evidence
that he
already has, during his work as a seasonal worker, by
virtue of the corresponding visa entry, full health insurance ,
for all the risks covered for nationals, depending on the
category of seasonal employment, e) responsible declaration
of the employer, according to which he undertakes the
prescribed expenses
in case the conditions of application are met par. 3 of
article 80 of Law 3386/2005 (A' 212), f) single cultivation
declaration or single breeding declaration of Article 9 of Law
3877/2010 (A' 160) if the applicant, a citizen of a third
country,
will be employed in the agricultural economy and
g) evidence, if the employment contract stipulates that
the applicant will practice a profession that is regulated by
law, that the conditions of p.d. 38/2010 (A' 78). The
determination of the applicable provisions is carried out
based on the description of the profession in the relevant
employment contract. 5. A citizen of a third country, holder
of the
present residence permit, has the possibility to change
employer by virtue of a new employment contract, which
meets the
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conditions of paragraph a' of paragraph 4. In this case, the
third country citizen informs the competent one-stop service
of the change of employer, submitting the corresponding
new employment contract, which meets the above conditions.
6. The residence permit for seasonal employment is not
granted or revoked for the reasons provided for in
paragraph 8 of article 64 or if the holder of the residence
permit violates the conditions of employment and residence,
as specified herein. In the case of a violation by the citizen
of a third country of the obligations arising from the
residence permit herein, he may not obtain a new national
visa of any category for a period of five (5) years from the
issuance of the decision to revoke the residence permit. 7.
The present residence permit may be renewed , as long as
all the conditions of
par. 4 are met and the third country citizen has complied
with all the obligations provided for herein and provided that
the total duration of the stay does not exceed exceeds a
total of ten (10) years. The jobs occupied pursuant to this
are counted in the determination of the admission volume
of article 26. 8. The residence permit herein does not grant
access to the right to family reunification and the time
spent is not counted for access to the long-term resident
status, as well as for the calculation
of the time required for the third country citizen to be
subject to the provisions on granting a residence permit for
exceptional reasons. In addition, the legal residence time
and legal employment time spent are not included in the
fulfillment of the conditions for submitting a request for the
granting of Greek citizenship, according to the Greek
Citizenship Code [law. 3284/2004 (A' 217)].
PART C
NATIONAL ENTRY VISA HOLDERS
LONG TERM
(TYPE OF RESIDENCE TYPE "Z")
CHAPTER I
GENERAL PROVISIONS FOR IMPLEMENTATION OF PART III
Article 67
Temporary residence of citizens of third countries
with a national entry visa
Citizens of third countries who enter the country for a
specific purpose and for a specific period of stay, which
depends on the completion of the purpose, are granted by
the competent consular authority, without prejudice to the
general and special provisions on visas, a national entry
visa, in addition of ninety (90) days, which allows residence
for work or other reasons as specifically defined in articles
68 to 79.
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CHAPTER II
RIGHT OF RESIDENCE AND/OR EMPLOYMENT
OF THIRD-COUNTRY CITIZENS WITH
NATIONAL ENTRY VISAS
Article 68
Digital nomads ("G.1" residence permit)
1. To citizens of third countries who are self-employed,
freelancers or employees who can provide their work in the
context of an employment contract or the provision of
services or a remote project, using Information and
Communication Technologies (ICT), to employers or
customers outside Greece (registered nomads) are granted
by the competent consular authority a national entry visa for
a period of up to twelve (12) months. 2. The national visa is
granted to the
interested party, provided that the applicant presents it in
person or sends it by e-mail or by registered letter to the
competent Greek consular authority, which is obliged to
respond within ten (10) days of the relevant request
interested person and to complete the process of granting
the visa in "one stop of the interested party", in addition to
the general supporting documents as defined in the decision
of par. 8 of article 176, and the following: a) responsible
declaration, with which the proposed his position to reside
in the country with the national entry visa for the provision
of remote work and his commitment that he will not
provide work or services or work in any way to an employer
based in Greece, b) work or work contract or proof work of
any relationship with an employer, a natural or legal person,
who is established outside the Greek territory, for an
indefinite
period or in the case of a fixed-term contract with a
remaining duration that covers the period of the granted
national visa and information about the status of the
applicant in the company , as well as information relating to
the name, headquarters, field of activity and corporate
purpose of the business or c) employment or project
contracts of indefinite duration or, in the case of a fixed-
term employment contract, with a remaining duration that
covers the period of validity of the granted visa, in case the
third country citizen is self-employed with
more than one (1) employers who are located outside of
Greek territory, or d) if the third country citizen applicant is
self- employed in his own business, information about his
status in the company, as well as information regarding the
name, the seat, the field of activity and the corporate
purpose of the company, which is located outside the
Greek territory,
e) evidence that he has sufficient resources, at a
fixed income level, to cover his living expenses
during his stay in the country, without burdening the
national system
4155
but social welfare. The amount of sufficient funds is
determined at three and a half thousand (3,500) euros per
month and is proven: e) by the employment or project
contract or the proof of employment relationship, in the case
of dependent work, services or project or b) by a bank
account. If the sufficient resources are derived from salaried
services of dependent labor, services or project, the above
minimum amount refers to net income after payment of the
required taxes in the country where the work is provided.
The above amount is increased by twenty percent (20%) for
the spouse or partner and by fifteen percent (15%) for each
child,
f) national visa fee, amounting to seventy-five (75) euros.
3. The
above citizens of a third country may be accompanied
by their family members, who are granted, upon their
application, an individual visa that expires at the same time
as the dependent visa . During their stay in Greece, the
spouse or partner and the family members of the breadwinner
are not allowed to provide dependent work or engage in any
form of economic activity in the country. Family members
are defined as: a) the other spouse or partner with whom
the third country citizen has entered into a cohabitation
agreement, b) the unmarried common children of the
spouses or partners under the age of eighteen (18) years
old, including those who have been legally adopted by a
foreign court decision that is automatically enforceable or
has been declared executory or its legal status has been
recognized in Greece and c) the others, under eighteen (18)
years of age, unmarried children of the maintainer or of the
other spouse or cohabitant, as long as custody has been
legally assigned to him/her for the children of the maintainer,
and for the children of the other spouse or cohabitant to him/
her. 4. As long as the conditions of par. 2 are still valid , by
decision of the Secretary of the Decentralized Administration,
the third-country citizen and his family members may be
granted a
residence permit for third-country citizens with sufficient
means of living of par. 8 of of article 163 (single-entry
permit type "I.8"), two-year duration, following an application
submitted before the expiry of the validity of the national
visa, subject to article 8. The application is submitted to the
Directorate of Foreigners and Immigration of the
Decentralized Administration of place of residence of the
applicant.
Article 69
Members of artistic groups (residence
permit type "G.2") 1. Citizens of
third countries who wish to enter the country as members
of artistic groups are granted a national entry visa that
allows them to stay for work purposes, provided they present
the same in person or send
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4156 GOVERNMENT GAZETTE
by e-mail or by registered letter to the competent
Greek consular authority: a) a certified
copy of the employment contract with the
employer's signature deemed to be original by a
public service or a copy of a contract for the provision
of services or work,
b) proof of the above status, including certificate
from the competent agency of the country of origin
for the official registration of the association. 2. The
entry
visa is valid for the duration of the performances
or events, cannot exceed one (1) year and grants
access to the labor market exclusively for the
provision of the specific work, taking into account
the unified structure of the artistic group .
Article
70 Intellectual creators
(residence permit type
"Z.3") For citizens of third countries who wish to
enter the country as intellectual creators who
produce works of intellectual content and in particular
writers, writers, directors, painters, sculptors, actors,
musicians, singers, choreographers, set designers
and members of film crews, a national entry visa is
granted that allows them to stay for this purpose,
provided they present in person or send by e- mail
or by registered letter to the competent Greek
consular authority, a contract with a duration greater
than three (3) months with a company or
organization, the object of which consists in activities
of exploitation or creation of intellectual property
products.
Article
71 Citizens of third countries moving
from a company established in an EU
or EEA member state for the purpose of
providing
a service (residence permit
type "G.4") 1. To citizens of third countries who
wish to enter the country as legal workers in a
company established in another member state of
the European Union or the European Economic Area
for the provision of a specific service, in the context
of a relevant contractual obligation between the
superior company and the counterparty, which
carries out its activities in Greece, is granted a
national entry visa that allows the residence for work
reasons, as long as they present themselves in
person or send by e- mail or by registered letter to
the competent Greek consular authority:
a) responsible statement of the company
established in another member state of the
European Union or the European Economic Area, in
which the identity details are fully stated and
Issue A' 81/01.04.2023
of its society, officially authenticated and translated,
by which it is confirmed: (aa) that he has entered
into a contract with the contracting party receiving
the service in Greece, so that the purpose of the
movement of the working citizen of a third country
and the intended period of his movement can be
determined and (ab) ) that he undertakes the costs
of his
accommodation, medical care and return, b) a
copy of an insurance certificate or recognized
European health insurance
card or other equivalent EU document. 2. The
entry visa has the same duration as the time
required to fulfill your contractual obligation by the
company established in another member state of
the European Union or the European Economic
Area, and cannot exceed a total of one (1) year .
Article
72 Citizens of third countries moving from
a company established in a third country
for the purpose of providing
a service (residence permit
type "Z.5") 1. To citizens of third countries who
wish to enter the country as specialized technical
personnel of a company established in third country,
for the provision of specific services within the
framework of a supply contract between the above
company and the corresponding one that carries out
its activities in Greece, which provides for the
provision of specific services that refer, exclusively ,
to the installation, trial operation and maintenance
of the supplied items, a national entry visa is granted
that allows residence for work reasons, provided
that they present in person or send by e- mail or by
registered letter to the competent Greek consular
authority:
a) certificate of the company established in a third
country , in which its identity and contact details,
the status and duties of the employed citizen of a
third country are fully stated, accompanied by
evidence of the legality of his work in it, b ) certified
copy of the supply contract
between the service provider established in a third
country and the domestic company - recipient of the
service. This contract must provide for its subject
matter, the period of service provision, the number
and specialty of the people to be employed, as well
as the assumption of the costs of accommodation,
full medical care and their return. 2. The entry visa
has a duration equal to the time required to fulfill the
contractual obligation undertaken
by the company established in a third country and
cannot exceed, in total, six (6) months.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
Article
73 Leaders of organized tourism groups
(residence permit type
"Z.6") 1. Citizens of third countries who wish to
enter the country as leaders of organized tourism
groups are granted a national entry visa that allows
residence for work purposes, provided they present
are themselves in person or send by e-mail or by
registered letter to the competent Greek consular
authority: a) a certificate from the
competent regional Tourism Office , where the
Greek tourist office is located, stating that the
foreigner's work as a leader is approved of organized
groups of tourists, b) certification from the foreign
tourist
office that the employed citizen of a third country
works and is paid by it,
c) a responsible declaration by the Greek tourist
office that cooperates with a foreign tourist office
that the foreigner will not be hired for work and that
he will be employed outside the office to serve
groups of tourists arriving through a foreign tourist
office, for a specific period of time does not exceed
eight (8) months and d) insurance certificate to
cover the costs of hospitalization , medical and
pharmaceutical care and to cover occupational
accidents. If there is an international health and
occupational accident insurance agreement with the
country from which he is moving , it is sufficient to
present a certificate from that country that he is
insured in its social insurance system. Otherwise,
he provides a guarantee from the country from which
he is moving that he will cover the insurance risk
from the above causes or an insurance policy from
a private insurance company covering the above
risks for his employment as a leader of organized
tourism groups in Greece. 2. The entry visa for work
allows
work only for the specific purpose and cannot
exceed eight (8) months.
Article
74 Sports preparation
(residence permit type
"G.7") 1. To citizens of third countries who wish
to enter the country as athletes, coaches and other
qualified personnel who accompany them for
preparation in view of their participation in international in the youth mobility program, in accordance with the
sports events, a national entry visa is granted that
allows residence for this purpose, provided that they
present in person or send by e-mail or by registered
letter to the competent Greek consular authority:
a) approval of the Greek federation of the relevant
sport for their entry into Greece in order to prepare
for participation in international sports events,
4157
b) evidence that, in accordance with the provisions
of the decision of par. 51 of article 176, they have
financial resources to cover their living expenses in
Greece without providing dependent work or
exercising independent economic activity beyond
sports training.
2. The entry visa for the specific purpose cannot
exceed, in total, six (6) months.
Article
75 Citizens of third countries, students of
higher education participating
in internship programs against
compensation
(residence permit type
"G.8") 1. To citizens of third countries who wish
to enter the country as students of higher education
participating in internship programs in exchange for
compensation, a national entry visa is granted that
allows residence for this purpose, provided that they
present themselves in person or send by e-mail or
by registered letter to the competent Greek consular
authority a notarized certificate that they have been
accepted into a program for practice exercise in the
subject of their studies in a specific company and for
a certain period of time, not exceeding six (6)
months, through an exchange agency. As exchange
bodies, the Higher Educational Institutions of our
country are considered that have concluded bilateral
agreements of similar content with corresponding
institutions of foreign countries and, in cases where
such do not exist, international student exchange
bodies. 2. Especially for internship
programs in hotel businesses, the provisions set
out, each time, in the legislation that regulates the
terms and conditions of internships for local and
foreign students/students of Tourism Education
Schools and higher education students apply. 3. The
entry visa for the specific purpose cannot exceed, in
total, six (6) months.
Article
76 Australian citizens participating in
the youth mobility program
(Work and Holiday
Visa) (residence permit
type "Z.9") 1. To Australian citizens who wish to
enter the country within the framework of participation
Memorandum of Understanding between Greece
and Australia ( Work and Holiday Visa) sanctioned
by Law 4353/2015 (A' 173), a national entry visa is
granted that allows residence for this purpose if they
meet the
following conditions: a) have completed, at the
time of submitting the application, the eighteenth
(18th) year, but have not completed the thirty-first
(31st) year of their age,
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4158 GOVERNMENT GAZETTE
b) they are not accompanied by dependent
children, c) they hold a valid passport and ticket for
their journey or have sufficient resources to purchase
it,
d) have sufficient living resources, e)
have not previously participated in a youth mobility
program (Work and
Holiday) or for holidays with work (Working Holiday)
in Greece, f)
are holders of a higher education degree or have
successfully completed at least two (2) years of
undergraduate university studies,
g) submit a letter from the competent Ministry of
Australia, in which it is stated that the Government of
Australia has consented to their stay in Greece. 2.
The entry visa
allows work, provides the right to study or
education, in accordance with the specific conditions
of par. 2 of the Memorandum of Understanding and
cannot exceed twelve (12) months. After the expiry
of the visa, the Australian citizen must immediately
leave the Greek territory, without further formalities.
Article
77 Aviation, technical and administrative
personnel who enter the country to meet
the needs of forest fire fighting
during
the fire season (residence
permit type "Z.10") 1. Upon the relevant
recommendation of the competent public body,
citizens of third countries are granted a national entry
visa which allows their stay in the country for their
employment as flight, technical and administrative
personnel to cover forest fire
extinguishing needs during the fire season. 2. The
entry visa allows work only for the specific purpose
and its validity cannot exceed nine (9) months.
Article
78 Scholars of the American Educational
Foundation of Greece (Fulbright
Foundation) (residence permit type "Z.11")
1. To citizens of third countries who wish to enter
the country as scholars of the American Educational
Foundation of Greece (Fulbright Foundation), by
virtue of the 23.4.1948 Agreement between the
Greek Government and the Government of the United
States of America (U.S. A.), which was ratified by
Law 3152/1955 (A' 64) and the Greece - USA
Convention of 22.4.1980, which was ratified by Law
1982/1991 (A' 188) , a national entry visa is granted
allowing residence for this purpose.
2. The national entry visa has the same duration of
validity as the granted scholarship and up to twelve
(12) months, is exempted from the obligation to pay
a fee and is granted to the interested party, provided
that he/she presents it in person
Issue A' 81/01.04.2023
or sends by e-mail or by registered letter to the
competent Greek consular authority, a certificate of
scholarship from the American Educational Foundation
of Greece (Fulbright Foundation), from which the
duration and purpose of his stay in Greece, the
coverage of travel expenses and his monastery in
the country, the coverage of full medical and
pharmaceutical care, as well as the coverage of the
costs of his eventual repatriation.
3. The above-mentioned citizens may be
accompanied by their family members, within the
meaning of paragraph 1 of article 4, who are similarly
granted a national entry visa, the same age as the
visa of the dependents and marked "Members of the
scholar's family Fulbright Foundation", if they provide:
a) a recent certificate of family status or another
equivalent document, officially certified and translated,
from which the family relationship emerges and b)
evidence
of covering the costs of their travel and stay in the
country, covering full medical and pharmaceutical
care, as well as cover their repatriation costs. In the
event of an extension of the granted
scholarship , for a period longer than the validity
of the granted national entry visa, the above citizen
and his family members may be granted a residence
permit, in accordance with paragraph 1 of article 163,
if an application is submitted before from the expiry
of the national visa. The residence permit is equivalent
to the intended extension of the granted scholarship,
increased by one (1) month.
Article
79 Citizens of third countries who
apply for admission (i) to study or
learn about the monastic life of Agiorites or
(ii) to learn about the monastic
life - monasticism (residence
permit type "Z.12") 1. To citizens of third
countries who wish to enter the country with the
purpose of: a) studying or getting to know the
monastic life of Agiorites or b) getting to know the
monastic life (monasticism), a national entry visa is
granted that allows residence for this purpose. The
entry visa is valid for one (1) year. 2. The entry
visa of para. a' of par. 1 is granted upon application
of the interested party to one (1) of the twenty (20)
Holy Monasteries of Mount Athos and
recommendation of the Holy Community, provided
that: a. the hosting Holy Monastery confirms that it
undertakes to provide him with accommodation, food
and other living expenses and to insure him to cover
the costs of
hospitalization and full medical care, b. the hosting
Holy Monastery forwards to the competent Directorate
of the Decentralized Administration the
recommendation of the Holy Community with the above request of the
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4159

3. The entry visa referred to in paragraph b of
paragraph 1 is granted upon application by the interested
parties, as long as a certificate from the relevant Holy
Monastery or Hermitage and the consent of the local
Metropolitan is presented, that they have been accepted
to experience the monastic life or to isolate The
application for the granting of an entry visa is accompanied
by a corresponding certificate of receipt of medical care
expenses.
4. As long as the present conditions are still valid , by
decision of the Secretary of the Decentralized
Administration, the citizen of a third country may be
granted a residence permit for the same purpose
( residence permit type "I.7"), following an application
submitted before the expiry of the validity of the national Parliament and of the Council of December 16, 1996 ,
visa, subject to article 8. The residence permit is valid for
one (1) year, may be renewed each time for an equal
period of time and may not exceed a total of five (5)
years.
CHAPTER C
UNIFORM RESIDENCE PERMIT FOR
WORK RIGHTS ACCORDING TO
DIRECTIVE 2011/98 CONCERNING A
UNIFORM APPLICATION PROCEDURE
FOR THE GRANT TO THIRD COUNTRY
NATIONALS OF A UNIFORM RESIDENCE
AND WORK PERMIT IN THE TERRITORY OF
THE STATE MEMBERS AND RELATING TO
A COMMON SET OF RIGHTS FOR THIRD
COUNTRY WORKERS LEGALLY RESIDING IN A MEMBER
Article 80
Purpose
The purpose of this Chapter is the incorporation into
the Greek legal order of Directive 2011/98/EU of the
European Parliament and of the Council of December
13, 2011 regarding a single application procedure for
the granting of a single residence and work permit to
third-country nationals in territory of a Member State and as seafarers for employment or work in any capacity on
on a common set of rights for workers from third countries a ship registered in a member state of the European
legally residing in a Member State (L 343).
Article
81 Scope (Article
3 of Directive 2011/98) 1.
The provisions herein apply to: a) citizens of
third countries who apply for the initial granting of a
residence permit in Greek territory for the purpose of
work,
b) citizens of third countries who enter or have been
admitted to the Greek territory in accordance with any
other provision, which provides for the issuance of a
residence permit with the right
to work. 2. The provisions herein shall not apply:
a) to the categories of persons defined in par. 3 of
article 3,
b) to family members of citizens of the European
Union who have exercised or are exercising the right
of free movement within it, in accordance with p.d.
106/2007 (A' 135) on free movement of citizens of
the European Union and their family members,
(c) third-country nationals who, together with their
family members, regardless of nationality, enjoy free
movement rights equivalent to those of Union citizens by
virtue of agreements, either between the Union and the
Member States or between the Union and third countries ,
d) to those who fall under p.d. 30/2021 (A' 75) which
incorporated Directive 96/71/EC of the European
regarding the posting of workers in the context of the
provision of services (L 18),
e) to the persons who have submitted an application
for admission or have been accepted in the Greek
territory for the purpose of intra-company transfer, in
accordance
with articles 53 to 55, f) to the persons who have
submitted an application for admission or have been
accepted in the Greek territory territory as seasonal
workers, in accordance with articles 63 to 65, g) to long-
term residents in a member state of the European Union
in accordance with Council Directive 2003/109/ EC of
November 25, 2003 (L 16) and articles
143 to 162 of this, h) to citizens of third countries, who
are subject to a return or deportation procedure, in
accordanceSTATEwith Law 3907/2011 (A' 7) or Law 3386/2005
(A' 212), respectively, which has suspended for factual
or legal
reasons, i) to persons who have applied for entry or
have been accepted in the Greek territory as self-
employed workers or are holders of residence permits
for investment purposes, in accordance with articles 96
to 100, j) to persons
who have applied for admission or have been accepted
Union or flying the flag of a member state, k) to citizens
of third countries, who have
been granted a permit to work in the Greek territory
for a period not exceeding six (6) months, in accordance
with the present or have been accepted in another
member state for study purposes,
l) to citizens of third countries, who are allowed to
work on the basis of a national entry visa, in accordance
with articles 68 to 79. 3. The single
residence permit is issued or renewed in accordance
with the provisions of articles 10 and 11, within four ( 4 )
months at the latest, from the day of submission of the
application, unless otherwise specified herein. When it is
established that for the issuance of the residence permit
it is necessary to present additional supporting
documents, the competent service notifies the applicant
by written summons to
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4160 GOVERNMENT GAZETTE
presenting them, within a reasonable period that
cannot exceed two (2) months. Until the additional
supporting documents are presented , the above
deadline is suspended. The above deadline can be
extended up to three (3) more months in exceptional
cases related to the complexity of the examination of
the application. As long as no decision is taken within
the deadline provided herein, articles 4 and 10 of
the Code of Administrative Procedure [law. 2690/1999
(A' 45)]. For the rest, article 45 of the p.d. is not
affected. 18/1989 (A' 8). 4. An application for the
granting of a
single residence permit is considered inadmissible
if the maximum prescribed number of jobs has been
filled in accordance with article 26.
Article
82 Equal treatment of workers, holders of a
single residence permit for
work (Articles 11 and 12 of
Directive 2011/98) 1. Working holders of a single permit enjoy
equal treatment with nationals in terms of:
a) to the right of entry and residence in the Greek
territory, as well as free access to it, with the limitation
of those defined in the decision in par. 24 of article
176,
b) the right to carry out the specific activity, for
which they have received the corresponding entry
visa, c) the
conditions of employment, including the minimum
permitted age for work , the working conditions,
including the conditions of pay and dismissal, the
working hours, leave and holidays, as well as health
and safety requirements in the workplace,
(d) the right to strike and to take trade union action,
freedom of association , to join and participate in an
organization of workers or employers or any
professional organization, including the benefits
provided by such organizations, including the right to
bargain and concluding collective agreements, and
subject to the provisions on public order and public
security, e) education and professional training, f) the
recognition of diplomas, certificates and other
professional
qualifications, in accordance with the relevant
national procedures, g ) the provisions of the
national legislation regarding the social security
branches, as defined in
Regulation (EC) 883/2004. The special provisions
of the Annex to Regulation (EC) 1231/2010 and
Regulation (EU) 987/2009 (L 284) are applied
accordingly, h) without prejudice to existing bilateral
agreements , the payment of amounts related to
acquired rights in framework of the old-age
pensions law at the level provided for by national
legislation or
Issue A' 81/01.04.2023
legislation of the other member states of the European
Union that owe the amounts in question in the case
of moving to a third country,
i) access to goods and services and the supply of
goods and services made available to the public,
including procedures for obtaining housing , as well
as the information and advice services provided by
the job-finding services without prejudice to this right
to contractual freedom, j) tax advantages, provided
that the employee is
considered to have a tax residence in the Greek
territory.
2. Workers who move to a third country, or the
heirs of said workers who reside in a third country
and draw rights from them, receive the legal pensions
to which they are entitled based on the previous
employment of the seasonal worker in accordance
with article 3 of the Regulation (EC) 883/2004, under
the same conditions and with the same factors, as
nationals when moving to a third country. 3. The right
to equal
treatment is not granted: a. with regard to the
provisions of the national legislation regarding the
branches of social security related to family benefits
and unemployment benefits , subject to Regulation
(EC) 1231/2010 to citizens of third countries who
have been accepted for studies following an entry
visa for this purpose, as well as to those who are
allowed to work with an entry visa, b. in respect of
study and subsistence
allowances and loans or other allowances and
loans relating to education or vocational training to
those permitted to work with an entry visa. As
regards access to university and tertiary education
and vocational training not directly linked to the
specific employment, special conditions apply
including adequate knowledge of the language,
c. with regard to tax advantages in cases where
the residence or usual residence of the employee's
family members, for whom benefits are requested, is
not within Greek territory, d. with regard to access to
housing
procedures for citizens of third countries who are
not working. 4. The right to equal treatment provided
for in paragraph 1 does not affect the right of the
competent services to revoke or reject the residence
permit issued based on this. 5. The competent Greek
consular authorities and the competent
services of the Decentralized Administration
provide both employees and employers with all the
necessary information about the application process,
the supporting documents, their rights and obligations,
as well as the prescribed procedural guarantees.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
PART D
CATEGORIES OF RESIDENCE
PERMITS FOR FAMILY
REASONS (RESIDENCE PERMIT TYPE "O")
CHAPTER I
ADMISSION OF THIRD-COUNTRY
CITIZENS FOR FAMILY REUNIFICATION
PURSUANT TO COUNCIL DIRECTIVE 2003/86/
EC OF SEPTEMBER 22,
2003 (RESIDENCE PERMIT TYPE "O.1")
Article 83
Scope (Article 3
of Directive 2003/86)
1. The provisions of this Chapter apply when the
maintenance person holds a residence permit issued by the
competent Greek authorities, valid for at least two (2) years,
which enables him to obtain the right of permanent
residence, provided that the family members of are third-
country nationals, regardless of their status.
2. Articles 84 to 90 do not apply when the maintainer: a.
has
submitted an application to be recognized as a
beneficiary of international protection, on which the relevant
decision has not yet been issued,
b. has received a residence permit under temporary
protection or is requesting a permit to reside under this
status and is awaiting the issuance of a relevant decision,
c. has received a residence permit in Greece by virtue
of subsidiary forms of protection or is requesting a permit
to reside under this status and is awaiting the issuance of a
relevant
decision. 3. Articles 84 to 90 do not apply to its members
family of a citizen of the European Union.
4. Articles 84 to 90 apply subject to more favorable
provisions: a. bilateral and
multilateral agreements between the European Union or
the European Union and its member states, on the one
hand, and third countries, on the other, b. of the European
Social Charter of 18 October
1961 [n. 1426/1984, (A' 32)].
Article 84
Conditions for family reunification (Articles 5, 7
and 8 of Directive 2003/86) 1. The
citizen of a third country who resides legally in Greece
for a period of two (2) years is entitled to request, upon
application, entry and residence in country of his family
members. The application is submitted and examined when
these members reside outside the Greek territory. Any
residence of these members in the Greek territory, before
the submission of the application for family reunification, is authority renders the request inadmissible. The above
not a reason that hinders the submission of the application.
2. In order to exercise the right of par.
1, the dependent proves the family relationship with the
members of his family for whom he is requesting reunification for a period of thirty
4161
in Greece, as well as that he fulfills, cumulatively, the
following conditions: a. has
accommodation capable of meeting the needs of himself
and his family members for whom he is requesting
reunification, b. has a
personal income, stable and regular, sufficient for the
needs of himself and his family, which does not come from
recourse to the country's social assistance system. The
income cannot be lower than the annual net income of the
person paid the minimum wage, according to national law,
increased by twenty percent (20%) for the spouse and by
fifteen percent (15%) for each child. The above increase of
fifteen percent (15%) for each child is not required if both
(2) spouses legally reside in Greece, c. has full health
insurance in terms of the sum of the risks covered for the
respective categories of national workers, which can also
cover his family members.
3. In case of polygamy, if the dependent already has a
spouse living with him in Greece, family reunification with
another spouse is not permitted. The family
reunification of minor children of the breadwinner and
another spouse is not permitted, except in cases where
custody has been legally assigned to him. 4. In order to
verify the existence of the family relationship , the
competent body may invite the maintainer to a personal
interview and conduct any other investigation deemed
necessary and the maintainer's application must be
accompanied by the required justifications , as defined in
the decision of the paragraph 1 of article 176.
Article 85
Submission and examination of the application
for approval of family reunification
(Articles 5, 6 and 13 of Directive
2003/86) 1. The sponsor submits, through the electronic
services of the Ministry of Immigration and Asylum , an
application for family reunification, accompanied by the
required supporting documents in accordance with article
10. 2. The
Service responsible for examining the request is obliged
to immediately seek the opinion of the relevant police
authority on issues related to public order and security, as
well as the opinion of the competent Greek consular
authority, with the purpose of verifying the existence of the
family relationship, in particular through personal interviews
with family members and the examination of resulting risks
to public health. Non-appearance of the family members,
whose entry has been requested by the dependent, when
summoned for an interview, at the relevant consular
opinions are provided within an exclusive period of three
(3) months. In exceptional cases related to the complex
nature of the examination, this deadline may be extended
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4162 GOVERNMENT GAZETTE
(30) days. The complete file of the applicant for family
reunification is sent to the relevant Consulate by the
Decentralized Administration via e- mail. In any case,
lists of citizens who have applied for family reunification
are sent to the relevant consulates by e-mail . The
competent Service examines the application in terms of
whether the conditions of article 84 are met. When
examining the application for family reunification, the
interest of the minor children is particularly valued. 3. The
competent Service, after taking into account the above
opinions, issues a relevant approval
decision for family reunification and forwards it via e-
mail to the relevant Greek consular authority, which,
once the request has been accepted and the other
conditions are met entry, grants the family members the
required special entry visas, subject to Article 82 of Law
3386/2005 (A' 212), on entry bans.
Article 86
Grant of residence permit
(Article 5 of Directive 2003/86)
1. Each family member, after entering the country and
before the entry visa expires , submits an application for
the grant of the relevant residence permit, in accordance
with article 10. For minor children , the application is
submitted by him who exercises custody and an individual
residence permit is granted.
2. The application for the grant of the residence permit were used, that it was committed, in any way, fraud or
is accompanied by the supporting documents required
for the decision of par. 1 of article 176. The residence
permit is granted by decision of the Secretary of the
Decentralized Administration or the Minister of Immigration
and Asylum, as the case may be.
3. The process of family reunification is completed no
later than nine (9) months after the application of
paragraph 1 of article 85 for the approval of family
reunification was submitted. In case of exceptional
reasons, the above deadline can be extended up to three
(3) more months.
Article 87
Duration and renewal of residence permit
(Articles 13 and 16 of Directive
2003/86) 1. Family members are granted an initial
residence permit with an expiry date similar to that of
the breadwinner's residence permit. Upon renewal, the
residence permit of the members follows the fate of the
residence permit of the
maintainer. If the breadwinner acquires the status of a
long-term resident, the residence permit of his family
members is renewed every three years.
If the dependent has already acquired the status of a
long-term resident, the initial residence permit for his
family members for whom he has applied for family
reunification is granted for three (3) years and is renewed
every three years.
Issue A' 81/01.04.2023
2. For the renewal of the residence permit, the
dependent proves that he still maintains the family
relationship with the dependent members of his family
and that he has fulfilled his insurance and tax obligations.
3. The family member
who wishes to renew the residence permit for reasons
of family reunification is obliged, before its expiry, to
submit an application to the competent, as the case may
be, body, accompanied by the required supporting
documents of par. 1 of of article 176.
Article 88
Rejection of an application, revocation or non-
renewal of a
residence permit (Articles 5, 6, 16 and
17 of Directive 2003/86) 1. The residence permit for
family reunification is not granted, revoked or not
renewed, in the
following cases: a. There is a risk to public order and
safety. The examination of reasons related to public
order and security is a prerequisite for the approval of
family reunification and the initial granting of residence
permits to family members, b. there are public health
reasons,
c. the maintainer and the members of
his family cease to lead a real married or family life, d.
it is proved, by an official document of a competent Greek
authority or a final court decision, that false or
misleading information, forged or falsified documents
other illegal means were used, e. it is established that
the family relationship, in particular the marriage ,
adoption or
recognition of children has been concluded with the
purpose of circumventing this, in order to obtain entry or
residence in the country or the residence of the
breadwinner is terminated and the family member does
not have an independent right of residence. 2. When
revoking or not renewing the residence permit of a
member of the family of the breadwinner for reasons
of public order and public security or public health, in
addition to the cases of par. 1, as well as those of article
8, the seriousness or type of of the offense committed
and the risks emanating from that person.
3. Controls may be carried out in any case that comes
to the knowledge of the services and for any incident that
may justify the revocation of the residence permit. 4. For
the rejection of an application, the
revocation or refusal to renew the residence permit,
or in the case of a removal measure against the
dependent or members of his family, the character and
stability of the person's family ties, the length of stay are
taken into account in the country, as well as the existence
of family, cultural and social ties with his country of origin.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
Article 89
Rights and obligations of family
members of a third country citizen
(Article 14 of Directive 2003/86)
1. The family members of the dependent have,
equally with him, right: a.
access to education, b. access to
dependent work, c. access to vocational
guidance, basic and further training, as well as retraining .
2. Holders of residence permits for family reunification are
subject to the
general rights and obligations of third-country nationals, in
accordance with this.
Article 90
Independent residence permit for family members
of a third country
citizen (residence permit type
"O.2") (Article 15 of Directive 2003/86)
1. At the latest after five (5) years of residence in Greece
and if the family member has not been granted a residence
permit for reasons other than family reunification, the spouse
or civil partner and the child who has reached adulthood are
entitled, after their application, to obtain an independent
residence permit in Greece. 2. An independent residence
permit may be
granted to persons who have entered the country by virtue
of family reunification in the following cases:
a. death of the breadwinner, as long as the family members
reside in the country for at least one (1) year before his death,
b. in case of divorce or
annulment of marriage or proven interruption of married
life, if: b. The marriage lasted, until the start of the divorce
proceedings or the dissolution of the marriage in the case of
a consensual divorce, according to article 1441 of the Civil
Code, or annulment of the marriage or proven interruption of
the married life, for at least three (3) , years of which one (1)
year has been spent in the country, bb. particularly difficult
situations occur, such as in case the family member was a
victim of domestic
violence while the marriage existed. 3. The duration of the
independent residence permit cannot exceed three (3) years.
Holders of an independent residence permit may, at any
time within its validity period, submit an application for a
change of category, in accordance with article 12. 4. The right
of residence of minor children follows the fate of the right of
residence of the parent, to whom custody has been assigned.
5. For children who reach adulthood, the
independent residence permit is valid for three years and
is renewed for another three (3) years, with the only obligation
being the presentation of the previous
independent residence permit. Further
4163
its renewal is not allowed and its holder may request a
change of category of residence permit, in accordance with
article 12.
6. The application for the granting of an independent
residence permit is submitted in accordance with article 85
and is accompanied by the supporting documents required
by the decision of par. 1 of
article 176. 7. The independent residence permit grants its
holder the right of immediate access to the dependent gas,
as well as in studies at any level of education.
CHAPTER II
NATIONAL ARRANGEMENTS FOR FAMILY
REUNIFICATION
Article 91
Exceptional conditions for granting an
independent residence permit
Paragraph 5 of article 90 applies to any citizen of a third
country who, upon reaching adulthood, legally resided in
Greece with a definitive title of legal residence, regardless of
the issuing authority.
Article 92
Arrangements for family reunification with
the establishment of a family in Greece 1.
In cases of marriage or cohabitation in Greece between
citizens of third countries residing in the country with a
residence permit, one of the spouses or partners and their
family members, already legally residing in the country may
be granted a residence permit for family reunification. 2. The
residence of minor children born in Greece is covered by the
residence
permit of the supporting parent until an application is
submitted for granting them a residence permit.
Article 93
Initial issuance of a Residence Card to members
of a Greek family
(residence permit type "O.3") 1.
To citizens of third countries who are members of a Greek
family, in accordance with paragraph lz' of article 4 and enter
Greece with a uniform visa entry or entry visa of limited
territorial validity, where this is required, in accordance with
the provisions of Article 3 of Regulation (EU) 2018/1806 of
the European Parliament and of the Council of 14 November
2018 on the list of third countries whose nationals are subject
to the visa requirement for crossing the external borders of
the member states, and the list of third countries whose
nationals are exempt from this obligation (L 303) is granted a
"Residence Card of a Greek Family Member " (residence
permit type "O.3" ), under the condition of their permanent
residence in the country.
2. The Residence Card (residence permit type "O.3") of
par. 1 is also granted to parents of minors
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4164 GOVERNMENT GAZETTE
citizens residing in Greece, regardless of how their
children acquired Greek citizenship. The same
Residence Card is also granted to minor siblings of
the above countries. The right of residence of Greek
siblings under the age of twenty-one is five (5) years.
If the application is submitted either at the same time
as that of the breadwinner or later, the child is granted
a Residence Permit valid for five (5) years, after the
expiration of which he can apply for a residence permit
type "M.2" of article 161. The Residence Permit is
granted for five (5) years, regardless of whether its
expiration exceeds the completion of the twenty-first
year of the children's age. If the expiration of the
Residence Card falls short of the completion of the
twenty-first year and therefore there is a period of time
left for the completion of the five years leading to the
residence permit type "M.2" of article 161, the
Residence Card is renewed for one (1) additional five
years.
3. The spouse or common-law partner, with whom
the Greek citizen has entered into a marriage or
cohabitation agreement, as long as this was
established in Greece or before a Greek consular
authority, and who wishes to be granted Residence
Card, according to par. 1, must submit an application
in accordance with article 10 to the competent agency,
within three (3) months from the date of entry into the
country or within three (3) months from the date of
marriage or of the cohabitation agreement established
in Greece, as long as he proves in writing his family
relationship with the Greek citizen. If the application is
not submitted within a period of one (1) year from the
date of entry or the date of the registry event of the
marriage or cohabitation agreement or the birth of a
child, a fine of fifty (50) euros is imposed. 4. As defined
in subsection lzg', lzd', lze' of para. lz' of article 4,
members of the Greek's family must submit an
application in accordance with article 10, within three
(3) months from the date of entry into the country or
within three (3) months from the date of the marriage
or cohabitation agreement drawn up in Greece and,
in any case, after the submission of an application by
the family member of the Greek from whom they
derive the right of residence, provided that: a. prove
in writing their family relationship with the Greek, b.
prove that the
condition of the dependent member is met, i.e. that
they are financially
supported by the Greek or the other of the spouses
or cohabitants who is a citizen of a third country. In
particular, they must prove that they are supported
by the Greek and that they were supported or lived
under the roof of the other spouse or cohabitant who
is a citizen of a third country in the country of origin
or that there are serious health reasons that make it
absolutely necessary
Issue A' 81/01.04.2023
personal care of the family member by the Greek. 5.
The
residence card is individual and is granted to the
family members of par. 1, by decision of the Secretary
of the Decentralized Administration, subject to
consideration of reasons of public order and security
and compliance with the conditions of par. 8.
6. Competent for examining the application is the
Aliens and Immigration Department of the
Decentralized Administration of the applicant's place
of residence, which issues the
Residence Card. 7. The Residence Card is valid for
five (5) years. The continuity of residence is not
affected by temporary absences that do not exceed a
total of six (6) months per year, nor by absences of
longer duration to fulfill mandatory military service or
by one (1) absence of twelve (12) consecutive months
at most , for serious reasons, in particular pregnancy
and maternity, serious illness, studies or vocational
training or placement in another Member State or
third country.
8. Rejection of the relevant application for reasons
of public order and security must respect the principle
of proportionality and be based solely on the personal
behavior of the person concerned. Previous criminal
convictions are not in themselves grounds for making
such a decision. The personal conduct of the person
concerned by the measure must constitute a real,
present and sufficiently serious threat directed against
a fundamental interest of society. Reasons that are
not linked to the facts of the case or are based on
considerations of general prevention are not accepted.
9. If the conditions of par. 7 are met, the
Residence Card upon the expiry of its validity period
is automatically converted into a residence permit of
two years (residence permit type "M.2") of article 161.
10. If the conditions of par. 4 and the conditions of
par. 7 are
not met, the residence card is renewed for five (5)
years each time.
11. Family members of Greeks who are citizens of
three countries, may apply to be included in article 90,
and in the residence permit category "O.2" due to:
a) death of the breadwinner, as long as the family
members resided in the country for at least one (1)
year before his death, b)
issuance of an irrevocable decision of divorce or
annulment of the marriage or dissolution of the
cohabitation agreement and if the marriage or the
cohabitation agreement lasted, until the filing date of
the divorce action or the marriage annulment action
or the termination of the cohabitation agreement, for
at least three (3) years, of which one (1) year has been spent in Greece
c) assistance in particularly difficult situations, such
as in case the family member was the victim of
domestic violence, while the marriage existed or the
cohabitation agreement was in force.
12. Spouse or common-law partner regardless of nationality
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
and the descendants, blood relatives in a direct line , of the
spouses/partners, who hold a residence card have access to
dependent work, provision of services or work and professional
activity and enjoy equal treatment with citizens of the Union.
13. The residence card is not granted, revoked or renewed,
except in
the cases referred to in article 15 and in the cases where:
a. It is proven by an official document of a Greek authority
or a final court decision or an irrevocable will of the competent
judicial council that false or misleading information, forged or
falsified documents were used or that fraud was committed in
any way or that other illegal means were used and in general
that it constitutes a violation of a right or fraud, as in the case
of sham marriage. b. The Greek and his family members
stopped
lead a real married or family life.
c. It is established that the family relationship, in particular
the marriage, the cohabitation agreement, the adoption or the
recognition of children has been concluded with the main
purpose of destroying the present, in order to obtain the
residence card.
The family relationship is considered to have been concluded
for this purpose, especially when there is no cohabitation of
the family members or there is no possibility of their
cohabitation, or when one spouse or cohabitant is unaware of
the identity of the other spouse or cohabitant. 14. If a request
for granting or renewing a residence permit is rejected, or a
granted residence permit is revoked, the relevant services
issue a return decision in accordance with articles 16 to 41 of
Law 3907/2011 (A' 7).
PART E
PROVISIONS OF RESIDENCE PERMITS
FOR INVESTMENT
REASONS (RESIDENCE PERMIT TYPE "B")
CHAPTER I
COMMON PROVISIONS FOR THE IMPLEMENTATION OF PART V
Article 94
Conditions of applicants
1. Citizens of third countries, who have entered the country
legally with any entry visa or reside legally in the country, may
submit an application for the issuance or renewal of a residence
permit for investment reasons (residence permit type "B")
accompanied by the supporting documents defined, as the
case may be, in articles 96 to 100 and in the decision of
paragraph 1 of article 176.
2. The Department of Residence Permits of the Ministry of
Immigration and Asylum is designated as the competent
service for the processing of applications and the issuance of
the relevant decisions , following the recommendation of the
relevant services of the Ministry on a case-by-case basis
4165
of Development and Investments, as provided for in articles 96
to 99.
3. A citizen of a third country, who is outside the Greek
territory, may, before entering the country, submit to the
competent service of the Ministry of Immigration and Asylum
through a legal representative , by virtue of a relevant power
of attorney drawn up before a consular authority or before a
competent authority notary public and bears ratification of the
Hague Convention (apostille), application for investment
classification under article 97 or certification of realization and
holding of investment under article 99, accompanied by the
supporting documents defined in the decisions of paragraphs
46 and 47 of article 176. The application is forwarded to the
competent department of the Ministry of Development and
Investments, in order to make a recommendation, for the
characterization of the investment and the feasibility of granting
a residence permit as provided for in par. 2 of article 97 or the
realization and retention of the investment, as provided for in
par. 4 of article 99. 4. Citizens of third countries, who have
legally entered the country with any entry visa or reside legally
in the country, as long as
they meet the conditions of articles 94 to 100 for investment
reasons (residence permit type "B" ), are not required to leave
the Greek territory in order to apply for a residence permit for
the purposes of these articles. 5. Citizens of third countries,
who have legally entered the country with any entry visa or
reside legally in the country, may submit to the Directorate of
Residence Permits of the Ministry of Immigration and Asylum
an application for the
characterization of the investment of article 97 or for the
implementation of the investment and the feasibility of granting
a residence permit under article 98 or for the certification of
the realization and holding of an investment under article 99,
accompanied by the supporting documents defined in the joint
ministerial decisions of paragraphs 45, 46 and 47 of article
176, respectively . The application is forwarded to the
competent agency, in order to recommend, as the case may
be, the classification or realization of the investment and the
feasibility of granting a residence permit or the realization and
retention of the investment, as provided for in paragraph 1 of
article 97, paragraph 1 of article 98 and par. 3 of article 99,
respectively. 6. The service that recommends the investment,
in accordance with articles 96 to 99, is responsible for
monitoring it after the residence permit has been granted and
informs the Ministry of Immigration and Asylum of any change.
For this purpose, the investors of articles 96, 97, 98 and 99
are obliged to submit, whenever requested by the competent
services , the
supporting documents defined, as the case may be, in the
above articles, as well as in the decision of par. 1 of of article
176.
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4166 GOVERNMENT GAZETTE
Article 95
Duration of validity of residence permits
for investment reasons
1. The duration of validity of the initial residence permit
is set at five (5) years with the possibility of equal renewal ,
as long as the implementation of the investment or its
operation continues after its completion. For citizens of third
countries who have obtained a residence permit for
investment reasons (residence permit type "B"), periods of
absence from the country are not a conclusive reason for
renewing their residence permit. 2. Citizens of third countries
-
holders of residence permits referred to in articles 96 to
100 may, in derogation of paragraph 1 of article 84, be
accompanied by their family members who are granted,
upon their application, a residence permit for family
reunification connection, which expires at the same time as
the residence permit of the maintainer. Family members are
defined as: a) the
spouse or partner, with whom the
third country citizen has entered into a cohabitation
agreement, b) the unmarried common children of the
spouses or
partners under twenty-one (21) years old, c) the unmarried
children of the supporter or the
partner of the spouses or civil partners, as long as custody
has been legally assigned to him/her for the children of the
supporter and for the children of the partner of the spouses
or partners /she under twenty-one (21) years of age, d) the
direct ascendants of the spouses or cohabitants. The
children of para. b) and c) who turn twenty-first (21)
years of age, are granted an independent residence
permit for three (3) years, in accordance with the provisions
set out in the second paragraph of par. 5 of the article 90,
with the only obligation being the presentation of the
previous residence permit for family reunification. 3. The
residence permit is revoked or not renewed, if the conditions
for its issuance
are no longer met.
CHAPTER B
RESIDENCE PERMITS FOR INVESTMENT
REASONS
(RESIDENCY PERMIT TYPE "B")
Article 96
Strategic investors (natural persons -
members of the
Board of Directors,
shareholders) (residence permit type "B1") 1. By
decision of the Minister of Immigration and Asylum, following
a proposal of the General Directorate of Strategic Investments
of the Ministry of Development and Investments, which
concerns in the confirmation of the characterization of the
investment as strategic and the feasibility of granting a
residence permit, a residence permit in Greece may be
granted to up to five (5) citizens of third countries, members of the Immigration and Asylum,
Issue A' 81/01.04.2023
foreign legal entity, strategic investment entity of par. 2 of
article 2 of Law 4864/2021 (A' 237). 2. In the residence
permit
of the citizens of third countries of par. 1 is written "B1.
Residence permit for investment activity" and in the field
"Remarks" the professional status of the holder.
Article 97
Residence permit for making an
investment through the establishment and
operation of a business (natural persons
members of the
Board of Directors, shareholders
- partners) - (residence permit type "B.2") 1. By
decision of the Minister of Immigration and Asylum,
following a proposal by the Directorate of Direct Foreign
Investments of the Ministry of Development and Investments,
which concerns the characterization of the investment and
the feasibility of granting a residence permit , a residence
permit may be granted to citizens of third countries in Greece
to set up and operate a business based in Greece for an
investment of a minimum in the amount of five hundred
thousand euros (500,000.00) which will have positive
consequences on the national development and economy.
If the investment is made by a foreign legal entity and
depending on the amount of the investment, up to three (3)
citizens of third countries, who are either members of the
Board of Directors or participate in the capital of the local
legal entity with a percentage of at least thirty -three percent
(33%), whether they are its administrators or its legal
representatives, without compensation.
2. For the implementation and operation of the investment
of par. 1, it is allowed, following the proposal of the
Directorate of Foreign Direct Investments of the Ministry of
Development and Investments, to enter and reside in the
country in accordance with the residence permit procedure
for highly skilled employment (residence permit type "E.1" -
"EU Blue Card") or intra-company transfer (residence permit
type "E.2") or transfer for work (residence permit type
"E.4"), up to ten (10), at most, citizens of third countries -
executives of the entities of the investment, depending on
the total amount of the investment. 3. In the residence permit
of the citizens of third
countries of par. 1, "B.2 Residence permit for investment
activity" is written and in the field "Remarks" the professional
status of the holder.
Article 98
Executives of companies established in
Greece, subsidiaries of foreign companies
established in Greece that carry out
commercial activity (shareholders - partners,
members of the Board of Directors, administrators,
legal representatives) -
(residence permit type "B.3") 1. By decision of Minister
of administration
and/or afterfollowing a proposal from the Directorate of Direct
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
of Investments of the Ministry of Development and
Investments , which concerns the implementation of
the investment and the feasibility of granting, a
residence permit in Greece may be granted to citizens
of third countries who are included in the following cases: to the sub-para. b', of Real Estate Investment
a) Citizens of third countries who either participate
with a percentage of at least thirty-three percent (33%)
in the capital of a local company with an amount paid
by them in cash of at least five hundred thousand
(500,000) euros and the corresponding securities they
hold are nominal, provided, without prejudice to article
94, present to the competent consular authority a
relevant certificate of the company in which they
participate, duly signed and authenticated, or they
participate in a domestic company, whose shares are
traded on regulated markets or multilateral trading
mechanisms operating in the Greece and the nominal
value of the securities (shares) they hold amounts to
five hundred thousand (500,000) euros, provided that,
subject to article 94, they present to the competent
consular authority a certificate issued by the
investment company of article 4 of the law. 4514/2018
(A' 14), which provides the investment service of
section 4 of Annex I of Section A of the same law, or
the credit institution, with headquarters or a branch in
Greece , that maintains the relevant operator account.
b) Citizens of third countries, members of boards of
directors , legal representatives and administrators to
whom no remuneration is paid, of national companies,
as well as legal representatives of branches of foreign
companies that legally carry out commercial activity in
Greece and have assets or turnover of the last closed
management period at least four million (4,000,000.00) market, the realization of the investment and its holding
euros, provided that, without prejudice to Article 94,
they present to the competent consular authority the
act or decision of the competent body, on the basis of
which they hold this position and if publication in the
General Commercial Register is foreseen (G.E.MH.),
the relevant registration, as well as the official financial Business
data of the last closed management period of the
company.
2. In the residence permit of third country citizens of
par. 1, "B.3 Residence permit for investment activity"
is written and in the field "Remarks" the professional
status of the holder.
Article
99 Financial investments
(residence permit Type
"B.4") 1. By decision of the Minister of Immigration
and Asylum, following a proposal from the Directorate
of Direct Foreign Investments of the Ministry of
Development and Investments, which concerns the
realization of the investment and the feasibility of
granting, may to grant a residence permit in Greece to
citizens of third countries who have made an
investment in one of the following categories:
4167
a. capital contribution, in the amount of five hundred
thousand (500,000) euros, at least, to a company
which has its headquarters or establishment in Greece,
excluding Portfolio Investment Companies and, subject
Companies , for the acquisition of shares in a share
capital increase or bonds during the issuance of a
bond loan, which are introduced for trading in regulated
markets or multilateral trading mechanisms operating
in Greece. The investment is carried out with an
intermediary investment company of article 4 of Law
4514/2018 (A' 14), which provides the investment
service of paragraph 4 of Annex I of Section A' of the
same law, or a credit institution, with headquarters or
a branch in Greece, with the creation of the investor's
personal share in the Intangible Securities System
(S.A.T.) of the "Hellenic Central Depository of
Securities S.A.". The realization of the investment is
certified by a certificate, which is issued by the above
mediator and its retention by a certificate issued by
the investment company of article 4 of Law 4514/2018,
which provides the investment service of paragraph 4
of the Annex I of Section A' of the same law, or the
credit institution, with headquarters or a branch in
Greece, that maintains the relevant operator account,
b. capital contribution, in the amount of five hundred
thousand (500,000)
euros at least, to an Anonymous Real Estate
Investment Company (A.E.E.A.P.) of article 21 of Law
2778/1999 (A' 295), which has as in order to invest
exclusively in Greece, for the acquisition of shares to
increase its share capital . During the initial stage and
until the introduction of A.A.E.- A.P. in a regulated
are certified by certificates issued by the company.
After the introduction of A.E.A.A.P. in a regulated
market operating in Greece, the provisions set out in
sub-para. a', c. capital contribution, in the amount of
five hundred thousand (500,000) euros at least, to a
Holdings Capital Company (E.K.E.S.) of article 5 of
Law 2367/1995 (A' 261) for the acquisition of shares
or to a Business Holdings Mutual Fund (AKES) of
article 7 of Law 2992/2002 (A' 54) for the acquisition
of shares, since the above Alternative Investment
Organizations (AIE) aim to invest exclusively in
companies with headquarters or establishment in
Greece. In case of partial payment of the participation,
in accordance with the operating conditions of the
Alternative Investment Organization, the investor is
obliged to place the remaining amount of his
participation, in an escrow account , in the credit
institution that is the depositary of the Alternative
Investment Organization . For the investment with a
capital contribution in AKES, the investor is obliged
to create a unique bank account in the above credit
institution
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4168 GOVERNMENT GAZETTE
account with the exclusive use of depositing the funds
returned to it by the Alternative Investment Organization.
The investor may carry out disbursement operations from
the account in question, provided that the sum of his
remaining balance, the nominal value of the remaining
investment in the Alternative Investment Organization and
the remaining balance in the restricted account of the
second paragraph is at least equal to initially invested
amount, for which the residence permit has been granted.
The realization and retention of the investment is certified
by certificates issued by the administrator of the Alternative
Investment Organization for the investor's participation and
the credit institution for the movements of the aforementioned
accounts. For the investment with a capital contribution to
Business Equity Companies (EKES), during the initial stage
and until the introduction of the EKES to a regulated
market, the realization of the investment and its
maintenance are certified by certificates issued by the
company. After the introduction of EKES in a regulated
market operating in Greece, the provisions set out in sub-
para. a', d. purchase of Greek government bonds, with an
acquisition value of five hundred thousand (500,000) euros
at least, and remaining duration, at the time of purchase,
of at least three (3)
years, through a credit institution established in Greece,
which is also their custodian. The realization and retention
of the investment is certified by certificates issued by the
credit institution,
e. a term deposit of at least five hundred thousand
(500,000) euros, in a local credit institution, of at least one
year's duration, with a standing order for renewal. The
realization and holding of the investment are certified by
certificates issued by the credit institution. Co-beneficiaries
of the term deposit may be the spouse, civil partner and
relatives by blood or by blood up to the second degree of
the investor, f. purchase of shares, corporate bonds or
Greek government bonds, which
are imported for trading or are the subject of trading in
regulated markets or multilateral trading mechanisms,
operating in Greece, with an acquisition value of at least
eight hundred thousand (800,000) euros. The investment
is carried out with an intermediary investment company of
article 4 of Law 4514/2018, which provides the investment
service of paragraph 4 of Annex I of Section A' of the same
law, or a credit institution, with headquarters or a branch in
Greece, with the creation of a personal share of the
investor in the System of Untitled Securities (SAT) of the
"Hellenic Central Depository of Securities S.A.". The
investor is obliged to maintain a unique and exclusive
account in a credit institution established in Greece for the
operations of making the investment and subsequent
Issue A' 81/01.04.2023
management transactions of his portfolio and not to
disburse any amount from the liquidation of securities,
except for its reinvestment in securities of the first
paragraph, so that the average annual balance of the
above account does not exceed twenty percent (20%) of
the initial investment amount. The realization and
reservation of the investment is certified by certificates
issued by the investment company of article 4 of Law
4514/2018, which provides the investment service of
paragraph 4 of Annex I of Section A' of the same law, or
the credit institution, with headquarters or a branch in
Greece, which maintains the operator account, for the
movement of the investor's portfolio, and from the credit
institution of the third paragraph, for the movement of the
account held by the investor, g. purchase of shares with an
acquisition value of at least three hundred and fifty thousand
(350,000) euros, in a mutual
fund , which has been established in Greece or another
country and whose purpose is to invest exclusively in
shares, corporate bonds or Greek government bonds,
which are introduced for trading or constitute traded on
regulated markets or multilateral trading mechanisms
operating in Greece, provided that: (i) the amount of the
fund 's assets amounts to at least ten million (10,000,000)
euros and (ii) the fund and its manager is licensed by the
authority that supervises the capital market of the country
in which it is based, which for countries outside the
European Union is required to be a member of the
International Union of Capital Market Commissions
(IOSCO) and to have entered into a bilateral information
exchange agreement with Hellenic Capital Market
Commission. Investments of the mutual fund are carried
out through an intermediary investment company of article
4 of Law 4514/2018, which provides the investment service
of paragraph 4 of the Annex
I of Section A' of the same law, or a credit institution, with
headquarters or a branch in Greece, with the creation of
a share thereof in the Intangible Securities System (SAT)
of the "Hellenic Central Depository of Securities SA".
For the mutual capital, a unique and exclusive account
is kept in a credit institution established in Greece for the
operations of making its investments and subsequent
transactions of its portfolio management and the collection
of dividends. When transferring the amounts to be invested
to the above account, the manager of the mutual fund
declares to the credit institution the details of the
shareholders and the shares related to them. From the
above account, subject to the sixth paragraph, no amount
is disbursed and the manager is obliged to invest the funds
in securities of the first paragraph, so that the average
annual balance of the account of the third paragraph does
not exceed
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
twenty percent (20%) of the nominal value of the
fund's shares. Disbursement of an amount from the
above account is permitted exclusively for making
an investment in accordance with the purpose of the
mutual fund, covering management costs and
distributing dividends to unitholders or paying off
units, provided that for citizens of a third country the participation of the third-party citizen country in it and
unitholder has presented to the administrator a
document of of the competent agency of par. 6, in
which it confirms that it has received knowledge of
the imminent liquidation of the investment. The
realization and holding of the investment by the
shareholders and the fund is certified by the annual
report of the fund, as well as by certificates issued
by the manager of the fund for the participation of
the citizen of a third country in it, by the investment
company of article 4 of Law 4514/2018, which
provides the investment service of paragraph 4 of
Annex I of Section A' of the same law, or the credit
institution, with headquarters or a branch in Greece,
which maintains the operator account for the
movement of the fund's portfolio and from the credit
institution of the third paragraph for the movement of
the fund's account,
h. purchase of units or shares with an acquisition
value of at least three hundred and fifty thousand
(350,000) euros in an Alternative Investment
Organization (AIE), which is established in Greece
or in another member state of the European Union
and whose purpose is to invest exclusively in
Greece, provided that: (i) the amount of assets of
the AIF amounts to at least three million (3,000,000)
euros and (ii) the AIF and its manager are licensed
or registered by the authority that supervises the
capital market of the country in which it is based.
For the OEE, a unique and exclusive account is kept
in a credit institution established in Greece for the
movement of the funds related to the realization of
the investments and the collection of the amounts
from their mining or liquidation. When transferring
the amounts to be invested to the above account,
the manager of the AIF declares to the credit
institution the details of the shareholders and the
shares related to them. Without prejudice to the fifth
paragraph , no amount is disbursed from the above
account and the administrator is obliged to invest the
funds in real estate in Greece , so that the average
annual balance of the account of the second
paragraph does not exceed twenty percent (20 %) of
the nominal value of the AIF's shares. Disbursement
of an amount from the above account is permitted
exclusively and only for making an investment in
accordance with the purpose of the AIF, covering
management costs and distributing dividends to
shareholders or paying off shares, provided that for
citizens of a third country the shareholder has
presented to the manager a document from the
competent authority service of par. 5, in which she confirms
4169
for the imminent liquidation of the investment. The
realization and retention of the investment by the
shareholders and the AIF is certified by a report of
its administrator, accompanied by a report of certified
public accountants on the activity of the AIF, as well
as certificates issued by the AIF administrator for the
from the credit institution of its second paragraph for
the movement of the OEE account. The
Alternative Investment Organization must aim to
invest exclusively in Greece and both it and its
manager must be licensed or registered by the
authority that supervises the capital market of the
country in which it is based, which, for countries
outside European Union, it is required to be a
member of the International Union of Capital Market
Commissions (IOSCO) and to have entered into a
bilateral information exchange agreement with the
Hellenic Capital Market Commission.
2. In the case of making an investment from
paragraphs a to f of paragraph 1 by a legal entity, a
residence permit in Greece may be granted to
citizens of third countries as follows:
a) for an investment amounting to an amount at
least equal to that defined on a case-by-case basis
in par. 1, which is carried out by a local legal entity,
a residence permit in Greece may be granted to a
citizen of a third country, as long as he owns all of
his corporate
shares, b ) for an investment made by a foreign
legal entity, a residence permit in Greece may be
granted to up to three (3), depending on the amount
of the investment, citizens of third countries, who
own at least thirty-three percent (33%) of the capital
of foreign legal entity.
3. With the care of the Direct Foreign Investments
Directorate of the Ministry of Development and
Investments, in cooperation with the Capital Market
Commission, lists are drawn up which include,
following their application, the AEEAP of c.b', the
Alternative Investment Organizations of c. c', the
Mutual Funds of paragraph g' and the Alternative
Investment Organizations of paragraph h' of
paragraph 1, which meet the case-by- case conditions.
The Department of Foreign Direct Investments of
the Ministry of Development and Investments is the
competent agency for the certification of the realization
and maintenance of the investments herein .
4. The investment is made with foreign funds ,
which are transferred to Greece for the purposes of
the investment by a citizen of a third country. The
senders of the remittance may be the investor's
spouse and/or blood or blood relatives up to the
second degree. If the conditions of article 94 are not
met, the application for entry into Greece and the
supporting documents determined by the decision of
par. 46 of article 176 are submitted to the competent
Greek consular authority of the investor's place of
residence,
that shewithin the next an
has received dayopinion
after the investment is made year. TH
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4170 GOVERNMENT GAZETTE Issue A' 81/01.04.2023

consular authority, within one (1) month of receiving es of par. 1 and up to three (3) distinct investments
them, forwards them to the competent service of the in total . If the investment is made in more than one
last paragraph of par. 3, for the certification of the category, the minimum required amount of the total
realization and retention of the investment. The investment is determined based on the category with
above service examines the supporting documents the highest required investment amount.
that have been submitted and forwards, within one 10. Citizens of third countries must inform the
(1) month of their receipt, to the consular authority a Directorate of Direct Foreign Investments of the
relevant certification, in order to grant the national Ministry of Development and Investments for the
entry visa for "investment in securities or bank liquidation of part or all of the investment in one of
deposit". the categories of par. 1, after certification of its
5. To the citizen of a third country, who has realization, within a period of one (1) month from the
obtained a national entry visa as an investor hereof, liquidation time. The above Service informs the
provided he presents a recent certification from the Directorate of Residence Permits of the Ministry of
competent service for the retention of the investment Immigration and Asylum about the cessation of
and the other required supporting documents of the holding the investment.
decision of paragraph 1 of article 176, it is granted,
by decision of the Minister of Immigration and Article
Asylum, a five-year residence permit , which is 100 Investments in real estate
renewed for an equal period of time each time, as (permanent investor
long as the holding of the specific investment is residence permit) ("Type
certified and the other conditions for granting the B.5" residence permit) 1. By decision of the
permit are met. The Department of Residence Secretary of the Decentralized Administration, a
Permits of the Ministry of Immigration and Asylum is residence permit for five (5) years, with the possibility
responsible for examining the application and issuing of renewal, is granted to a citizen of a third country ,
a decision granting or renewing the residence permit who: a) Has legally entered the country with any
entry
to citizens of third countries who have made an investment visathis
under or resides
article . legally in the country, even if
6. In the residence permit of third-country citizens the residence
as investors herein, "B.4 Residence permit for permit he holds does not allow a change of
investment activity" is written and in the field purpose. b) Has, by full ownership and county,
"Remarks" the specific investment category of par. immovable property in Greece. On undivided co-
1. 7. The ownership of the property, with an acquisition value
residence permits granted pursuant to this they do at least equal to that defined in par. 2, the right of
not establish a right of access to any form of work. 8. residence is granted, only if the co-owners are
A citizen of a third country, spouses or cohabitants who have entered into a
holder of a valid residence permit , pursuant to cohabitation agreement. Otherwise , the right of
this, for investment in one of the categories of par. 1, residence is granted only if
may liquidate the investment, in order to invest, within the percentage of each co-owner is of a value at
an exclusive period of two (2) months, in the same least equal to that defined in par. 2. c) Has full
or in another category of this article or in immovable ownership and ownership of immovable property in
property, in accordance with article 100. In the case Greece with an acquisition value at least equal to
of a change in the investment in the same or another that defined in par. 2, through a legal entity based in
category herein, the citizen of a third country submits Greece or
a request to change the investment to the Directorate another EU member state, whose shares or
of Residence Permits of the Ministry of Immigration corporate shares it owns in full. d) Has entered into
and Asylum with the details of the new total a long-term complex tourist accommodation contract,
investment and it forwards the request to the in accordance with par. 2 of article 8 of Law
Directorate of Direct Foreign Investments of the 4002/2011 (A' 180) or a tourist accommodation
Ministry of Development and Investments for the timeshare contract, in accordance with Law 1652/1986 (A' 167 ), of a
certification of the new total e) He is an adult and acquired full ownership and
investment. In all the above cases of change in jurisdiction as an heir by intestacy or by will or as a
investment, the third country citizen, holder of a valid consequence of parental provision, immovable
residence permit pursuant to this, shall retain the property of a material value at least equal to that
already granted residence permit until the completion defined
of the procedures for certifying the new overall in par. 2. 2. a) For the Northern, Central Regional
investment and granting the residence permit Units and South Sector of Athens and the Municipality
pursuant to this. The above are also occupied by the of Vari - Voula - Vouliagmeni of the Region of Attica,
applicant's the Municipality of Thessaloniki of the Region of
family members . 9. The citizen of a third country Central Macedonia and the Regional Units of
may invest in more than one of the categories Mykonos and Santorini of the Region of the South Aegean the minimu
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
value of the real estate at the time of its acquisition,
as well as the total contractual rent of the hotel
accommodation or tourist accommodation rentals
herein, is set at five hundred thousand (500,000)
euros and must have been paid in full before
submitting the request for the grant of the investor's
permanent residence permit. In the case of
investment through the purchase of real estate in
the areas of the first paragraph, it is carried out in a
single property. In the case of investment through
the purchase of an undivided co-ownership
percentage of a property, the minimum value of the
co-ownership percentage is set at five hundred
thousand (500,000) euros and the investment is
made in a single
property. b) For the other regions of the country,
the minimum value of the real estate at the time of
its acquisition, as well as the total contractual rent
for the leases of hotel accommodations or tourist
residences herein, is set at two hundred and fifty
thousand (250,000) euros and must has been paid
in full before submitting the request for the granting
of the permanent investor residence permit. In the
case of investment through the purchase of real
estate in the areas of the first paragraph, it is carried
out in one or more properties. 3. The minimum
value of the
immovable property at the time of its acquisition,
as well as the total contractual rent of the leases of
hotel accommodation or tourist residences herein,
as derived from the notarial deeds of transfer and,
in case they are subject to the payment of a
creditable price, from the corresponding legally
registered notarial acts of repayment and removal
of dissolution clause, or the lease contracts,
respectively, determined in accordance with par. 2,
must have been paid in full before submitting the
request for the granting of the permanent investor
residence permit. 4. Citizens of third countries -
holders of an
investor's permanent residence permit may renew
their residence permit, for an equal duration each
time, as long as the real estate remains in their
ownership and jurisdiction or the contracts of par. 1
remain in force and the conditions are met other
conditions herein. Periods of absence from the
country are not a reason for renewing the residence
permit. 5. The agreed price or rent is paid in full in
the following ways: a) by two-dated bank check to
the beneficiary's payment account held in a credit
institution operating in Greece, b) by credit transfer,
according to c. 24 of article 4 of Law 4537/2018 (A'
84) and c) through a POS installed by a payment
service provider, which operates in Greece, by
charging the buyer's bank credit or debit card, to the
beneficiary's payment account held in payment
service provider, v
4171
paragraph 11 of article 4 of Law 4537/2018, which
operates in Greece. The above payment can also
be made by the buyer's spouse or relatives by blood
or bloodline up to the second degree. All the above
provisions also cover the payments that have taken
place with the above payment methods from 1.1.2017
until today. All details specific to making the
payment, including in particular the identification
details of the seller, the buyer and any third party
payer, the payer's payment account number, their
address, their official personal document number,
the payer's identification number or the date and
place of birth, the method of payment and the
relevant payment accounts of the payer's debit and
credit of the beneficiary, as well as the buyer's
declaration of marital relationship or kinship with the
third payer, are declared and submitted responsibly
by the contracting parties before the notary who
draws up the contract and are written on it. 6. The
citizen of a third country, when submitting the
application for the granting of the investor's
permanent residence permit, submits a certificate
from the notary who drew up the notarial deeds of
transfer or the lease contracts of par. 2, which
confirms the details of the parties parties, the details
of the property, the method of payment of the agreed
price or rent and all the more specific details of
making the payment, in accordance with the
provisions hereof, the existence of any dissolution
clause, as well as whether the specific property has
been used by the seller for the issuance of a
permanent investor residence permit. 7. Citizens of
third countries, owners of real estate, are given the
possibility to rent them. 8.
The resale of the real estate during the validity of
the residence permit to another citizen
of a third country gives the right to grant a
residence permit to the new buyer with the
simultaneous revocation of the seller's residence
permit. 9. Residence permits granted under this
article do not establish a
right of access to any form of work.
10. The issuance of the residence permit is
granted within two (2) months from the receipt of all
the elements of the file at the
issuing authority. 11. In case of entering into a
contract for the sale of a property at any price, the
seller, a citizen of a third country, must provide a
certificate from the locally competent Aliens and
Immigration Service of the Decentralized
Administration, regarding whether the specific
property has been used for the issuance of a
permanent permit residence of an investor. The
above applies accordingly in the case of the sale of
a property by a legal entity, the shares or shares of
which are wholly owned by a citizen of a third country, in accordanc
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4172 GOVERNMENT GAZETTE
PART VI
CATEGORIES OF RESIDENCE PERMITS
FOR EDUCATIONAL
REASONS (RESIDENCE PERMIT TYPE "H")
CHAPTER I
ADMISSION OF THIRD COUNTRY
NATIONALS FOR THE PURPOSES OF
RESEARCH, STUDY, PRACTICE AND
VOLUNTARY SERVICE UNDER DIRECTIVE
(EU) 2016/801 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL
Article 101
Scope (Articles 2
and 4 of Directive 2016/801)
1. This Chapter applies to citizens of third countries who
enter Greece with the purpose of staying for research,
studies, internships and voluntary service. 2. The provisions
of this Chapter do not
apply to citizens of third countries:
a) who reside in Greece as applicants for international
protection or are entitled to international protection in
accordance with articles 1 to 36 of Law 4939/2022 (A' 111)
by which Directive 2011/95/EU of the European Parliament
and the Council, of 13 December 2011, on the requirements
for the recognition of third- country nationals or stateless
persons as beneficiaries of international protection, on a
single status for refugees or persons entitled to subsidiary
protection and on the content of protection provided
approved host bodies. Updated versions of these
(L 337) or are entitled to temporary protection in accordance lists are published as soon as possible after each
with articles 119 to 146 of Law 4939/2022, which incorporated change.
into the legal order Council Directive 2001/55/ EC of July 20,
2001, regarding the minimum standards of provision
temporary protection in the event of a mass influx of
displaced persons and measures for the fair distribution of
burdens between Member States in terms of receiving and
dealing with the consequences of receiving these persons
(L 212), b) whose removal has been suspended, c) who are
family members of
citizens of the European Union and have exercised
their right to free movement within the European Union,
in accordance with Article 162, d) who have acquired the
status of long-term resident in another member state of the
European Union, e) who come
to the European Union as trainees in the context of intra-
company transfer in accordance with articles 53 to 58, f) who
have
been accepted as high-level workers
qualification in accordance with articles 28 to 52,
g) who, together with their family members and regardless
of their nationality, enjoy the right of free movement
equivalent to the rights
Issue A' 81/01.04.2023
bodies of citizens of the European Union by virtue of
agreements, either between the Union and its
member states and third countries, or between the
Union and third countries.
3. This applies subject to more favorable provisions
arising: a) from bilateral or
multilateral agreements concluded between the European
Union or the European Union and its member states on the
one hand and one or more third countries on the other,
b) from bilateral or multilateral agreements concluded
between the Hellenic Republic or several member states of
the Union and one or more third countries. 4. The competent
Greek authorities
retain the possibility to adopt or maintain more favorable
provisions for the persons to whom this applies in relation to
paragraph a of paragraph 2 of article 104 and articles 106,
107, 111, 112, 113, 116, 117, 118 and 119.
Article 102
Approval of institutions of higher
education, organizations responsible for
voluntary service programs and bodies
hosting interns (par. 3 of article
11 and article 15 of Directive 2016/801) 1.
Public
institutions of higher education, which are to receive
students in accordance with the entry procedure and of
residence defined in this Chapter, are considered approved
entities.
2. The competent authorities shall publish lists of
Article 103
Approval of a research organization
(Article 9 of Directive 2016/801)
1. Every research organization, which is going to host a
researcher in accordance with the entry and residence
procedure defined in this Chapter, must be previously
approved for this purpose by the General Secretariat of
Research and Innovation of the Ministry of Development and
Investments. Applications for the approval of research
organizations are based on their statutory mission or,
accordingly , their corporate purpose and proof that they
are conducting research.
2. The approval of a research organization is
granted by the General Secretariat of Research and
Innovation of the Ministry of Development and
Investments for five (5) years. 3. Public research
organizations, or other corresponding research
bodies of the public sector, or the N.P.I.D. supervised
by a public authority, as well as recognized Higher
Education Institutions (HEIs), are considered
approved bodies for the purposes of this.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4173

4. Private bodies, in order to obtain approval,
submit to the General Secretariat of Research and
Innovation an application accompanied by the
following
supporting documents: a) Statute of the body in which it is documented
the existence of a Research and Development Department,
b) documentation of the institution's research
activities and expenditures for research and
technology activities, as derived from the institution's wishes to host a researcher, signs a host contract
requests for tax deductions for research and
technology expenditures, in accordance with Law
3296/2004 (A' 253), c ) sufficient documentation of
the necessity of employing third-
country national researchers. 5. The General
Secretariat of Research and Innovation, after
evaluating
the supporting documents of par. 4, decides
accordingly. 6. All research organizations are
required to submit to the General Secretariat of
Research and Innovation a certificate that in the
event that a researcher stays illegally in Greek
territory after the end of his contract, the research
organization is responsible for paying the
accommodation and return expenses borne by the
Public. The General Secretariat of Research and
Innovation must notify a copy of this certificate to the
Aliens Directorate of the Hellenic Police Headquarters. more second Member States if the mobility is known
The financial responsibility of the research
organization ends six (6) months after the end of
each researcher's host contract. 7. The research
organizations are responsible for checking the
accuracy of the CV details of the third country
researchers and their qualifications in light of the
research objectives, as confirmed by certified copies
of their qualifications, in accordance with para. of
article 4. 8. All research organizations have an
obligation to notify the General Secretariat of
Research and Innovation of the host contracts they
have signed. The General Secretariat for Research
and Innovation is responsible for the control of
said contracts. 9. The General Secretariat of Research after the following have been checked:
and Innovation is responsible for the observance and
control of the conditions provided for in par. 4 and 6.
If it is established that they have not been observed,
or in the event that the approval was obtained
fraudulently or when the research organization has
sign a host contract with a third-country national
intentionally or negligently, the approval is revoked
or not renewed. If approval is revoked or not
renewed, the specific organization may be prohibited
from re-applying for approval for a period of up to five ends. 5.
(5) years from the date of publication of the decision
of revocation or non-renewal. The revocation or non-
renewal of the approval is notified to the Migration
Policy Directorate of the Ministry of Migration and Asylum, as wellis considered to preventservices
10. The General Secretariat for Research and
Innovation publishes and updates annually lists of
research organizations approved for the purposes of
this and immediately communicates any change to
Directorate of Immigration Policy of the Ministry of
Immigration and Asylum, as well as in the competent
services of the decentralized administrations.
Article
104 Host contract
(Article 10 of Directive
2016/801) 1. Every research organization that
with him , with which the researcher undertakes to
complete the research program and the organization
undertakes commitment to welcome the researcher
for this purpose, subject to article 110.
2. The host contract contains:
a) the title or the purpose of the research activity
or the research field, b) the
commitment by the third country citizen that he will
seek the completion of research activity,
c) the undertaking by the research organization
that it will welcome the citizen of a third country with
the aim of completing the research activity, d) the
start and end dates or we estimate
during the research activity,
e) information on the intention of mobility to one or
at the time of submission of the application in the first
Member State;
f) information on the legal relationship between
the research organization and the researcher and the
researcher's working conditions , in accordance with
the relevant
national legislation. Contracts containing the
elements referred to in this article are considered
equivalent to hosting contracts for the purposes of
this
Chapter. 3. Research organizations may sign host
contracts only if the research activity has been
accepted by the organization's competent bodies,
a) the purpose and estimated duration of the
research activity and the availability of the necessary
financial resources to carry it out and b) the
qualifications of the third country citizen in light of
the objectives of the research, as confirmed by a
certified copy. 4. The host
contract ends automatically if the third-country
national is not accepted or when the legal relationship
between the researcher and the research organization
The research organization immediately informs the
competent, in accordance with par. 4 of article 110,
service for granting the residence permit of any event,
which
as to the competent the execution of the
of the decentralized administ
host contract.
6. Host contracts with research organizations,
whose approval has been revoked, cease to be
valid . Likewise, the host contract automatically expires at
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4174 GOVERNMENT GAZETTE
case where the researcher does not obtain a residence permit,
as well as when the legal relationship between the researcher
and the research organization ends.
Article 105
General conditions for the right of residence
for the purpose of studies or voluntary
service
(Article 7 of Directive
2016/801) 1. The entry and residence of a citizen
of a third country in accordance with Chapter A of
Part VI shall be subject to a check of supporting
documents proving that the conditions of paragraph 2
hereof and the corresponding conditions of articles
106 and 108 are cumulatively met . 2. The entry and
residence of citizens of third countries in Greece for
the purpose of studies or voluntary service is permitted,
as long as the following
general conditions are cumulatively met: a. are
holders of a passport or other travel document
recognized by Greece, the validity of which lasts at
least three (3) months after the expiry of the entry visa
and they have received an entry visa for the purpose
of studies
or voluntary service, b . provide the consent of the
parents or the person exercising parental care for the
intended stay in case they are under eighteen (18)
years of age, c. have full health insurance for all the
benefits covered respectively for nationals,
d. they do not pose a risk to public order and security
and public health, e. they have
paid a fee, according to paragraph d of paragraph 1
of article 171, only if it is a stay for the purpose of
studies.
3. Students who are automatically covered by health
insurance for all risks for which they are normally
covered and nationals due to their enrollment in an
educational institution are considered to meet the
condition of paragraph c of paragraph 2.
4. Subject to more specific provisions herein , the
competent agency for examining applications for the
granting of residence permits herein is the competent
agency of the relevant Decentralized Administration.
The application is submitted in accordance with the
provisions of article 10. If, when submitting the
application, the third-country national concerned does
not yet know his future address, he declares a
temporary address. In this case, the citizen of a third
country declares his permanent address at the latest
at the time of issuing the residence permit provided for in articles 106 and
Article 106
Grant of residence permit
for study purposes
(residence permit type
"H.1") (Articles 7, 11, 17 and 34 of
Directive 2016/801) 1. The citizen of a third country,
who has received a national entry visa for studies in Greece , submits
Issue A' 81/01.04.2023
application in accordance with article 10, provided
that, in addition to the general conditions of articles 8
and 105, the following conditions are
cumulatively met: a) has been admitted to a higher
education institution in Greek territory to follow a study
program, b) has
sufficient resources to cover his living expenses
during the stay, without having to resort to the national
welfare system, as well as to cover the expenses of
the return journey. The assessment of sufficient
resources is based on a case-by-case assessment
and takes into account resources derived from, inter
alia, a grant, student grant or other scholarship, (c )
has paid registration fees to the relevant institution
higher education, where required.
2. The study programs also include attending Greek
Language and Culture Teaching Centers held by
institutions of higher education. 3. When the study
program to be attended by
the third-country citizen requires sufficient knowledge
of the Greek language as a condition for his registration,
the relevant educational institution carries out the
necessary checks and grants a corresponding
certificate, which is presented for the issuance of the
residence permit .
4. The application of par. 1 is accompanied by the
required supporting documents of the decision of par.
1 of article 176, which must be submitted in the Greek
language. 5. During the examination of the application
for the granting of the residence permit and the
issuance of the relevant decision, articles
10 and 15 shall apply. 6. If, based on the above-
mentioned information, it is found that the study
conditions are met , the competent service grants the
residence permit for study purposes (residence permit
type "H.1") within sixty (60) days from the submission
of the complete application by the interested party.
The license is issued using the uniform form
established in accordance with par. 1 of article 1 of
Regulation (EC) 1030/2002. In the "remarks" position,
the indication "student" is entered, as well as
information regarding the student's access to the labor
market. For students coming to the European Union
under a specific EU program or a multilateral program
that includes
mobility
108. measures or an agreement
between two (2) or more recognized higher education
institutions, the residence permit shall mention this
specific program or agreement. Rejection decisions,
which include sufficient reasons, are communicated to
the applicant and the higher education institution.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
Article 107
Duration and renewal of the residence permit
for study purposes
(Article 18 of Directive
2016/801) 1. The residence permit for studies ("H.1"
residence permit) is valid for one (1) year and may be
renewed for an equal period of time, as long as the
conditions of articles 105 and 106 continue to be met. If
the duration of the study program is less than one (1)
year, the residence permit is valid for the duration of the
study program. 2. The duration of the
residence permit for students covered by Union or
multilateral programs that include mobility measures or
by an agreement between two (2) or more higher
education institutions is at least two years, or equal to the
duration of their studies, in case which is smaller. If the
conditions set out in article 105 and paragraph b of
paragraph 1 of article 106 are not met for the two (2)
years or for the total duration of the studies, the period
of validity of the residence permit is one (1) at least a
year, or for the period of studies, in case this is shorter.
3a. It is possible for the citizen of a third country to
request the granting of a residence permit for studies
with a validity
period equal to the maximum duration of study of the
specific study program. In this case, when submitting the
application, the student additionally provides a certificate
from the relevant educational institution for the total study
time of the program he is going to attend.
b. For the issuance of the residence permit for studies,
a fee of one hundred and fifty (150) euros is paid , in
accordance with paragraph d of paragraph 1 of article
171. c. The student, who holds a residence permit with
a validity period equal to the maximum duration of the
study program, is obliged to submit to the competent
service of the relevant decentralized administration, every
two years, a certificate of registration and participation
in the exams, granted by the relevant educational
institution, as well as a certificate of analytical grade of
studies for the same period, from which his general
progress is derived or a detailed progress report from a
competent body, in the case of postgraduate studies or
preparation of a doctoral thesis. In case of non-fulfilment
of the above obligation, within two (2) months from the
date of two years from the issuance of the residence
permit, the latter is revoked and the student must
immediately leave the Greek territory, without any other
formalities.
4. For the renewal of the residence permit for study
purposes, the third country citizen is obliged to submit
an application, before its expiry, to the competent service
in accordance with article 11, which is accompanied by
the required supporting documents of paragraph 1 of of
article 176.
4175
5. The total time for renewing the residence permit
cannot exceed the period of normal study which is equal
to the minimum number of semesters necessary for the
award of the degree according to the indicative curriculum
of the school, increased by four (4) semesters and half
for postgraduate students or PhD candidates. In this time
period, one (1) additional year is added for learning the
Greek language, as long as this has been requested by
the relevant educational institution.
Article 108
Grant of a residence permit for voluntary
service (residence permit type "H.2")
(Articles 14, 17 and 34 of Directive
2016/801) 1. The citizen of a third country who has
been accepted into a voluntary service program, lasting
more than three ( 3) months, is accepted for residence
in Greece, as long as he has obtained a national entry
visa for this purpose.
2. For the granting of the residence permit, the citizen
of the third country submits an application, before the
expiry of the national entry visa, to the competent service,
without the payment of a fee being required for this
purpose, if they apply, apart from the general conditions
of article 105 , the following special conditions:
a) He has reached the age of eighteen (18) , subject to
the applicable rules of the European voluntary service, b)
he has entered into an agreement with
the host organization of Greece for the voluntary
service program in which he participates. If the host is a
private organization, a certificate is provided that the
program in question is followed or approved or
supervised in any way by a public authority. The
agreement includes: b) a description of the volunteer
service
program, b) the duration of the volunteer service, c)
the
placement and conditions of supervision
of voluntary service, bd)
the hours of voluntary service, b) the
resources available to cover the living and
accommodation expenses of the third country citizen and
the minimum amount of money as compensation for
small expenses throughout the stay and
bst) as the case may be, the training that the third-
country national will attend for the proper fulfillment of
his duties, c) if the third-
country national is hosted throughout his stay by the
hosting organization , he provides evidence that the
accommodation is suitable, d) provides evidence that the
host organization
for the voluntary service has taken out a civil liability
insurance policy, e) has sufficient resources to cover his
living expenses during the stay,
without
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4176 GOVERNMENT GAZETTE
to have recourse to the national welfare system, as
well as to cover the costs of the return journey. The
assessment of sufficient resources is based on a
case-by-case examination and takes into account
resources derived from, inter alia, a grant, scholarship
or financial commitment from an organization
responsible for a voluntary service program.
Volunteers participating in a European Voluntary
Service are not required to provide the evidence of
point d. 3. The application of par. 2 is accompanied
by the required supporting documents, which must
be submitted in the Greek language.
4. If, based on the information provided above , it
is established that the conditions of article 105 and
paragraph 2 hereof are cumulatively met and if article
113 does not apply, the competent agency will grant
the residence permit for reasons of voluntary service
( residence permit type "H.2") within ninety (90) days
from the submission of the complete application by
the interested party. The license is issued using the
uniform form established in accordance with par. 1
of article 1 of Regulation (EC) 1030/2002. The word
"volunteer" shall be entered in the "remarks" field.
Rejection decisions, which provide sufficient reasons,
are communicated to the applicant and the host
organization for the voluntary service.
Article
109 Duration of residence permit for
voluntary
service (par. 7 of article 18 of
Directive 2016/801) 1. The residence permit for
voluntary service ( "H.2" type residence permit) is
valid
for up to one (1) year. 2. In exceptional cases and
if the duration of the specific program exceeds one
(1) year, the duration of the residence permit may
be granted for a period of time equal to the duration
of the implementation of
the program in question. 3. The volunteer, after the which must be submitted in the Greek language. If
expiry of his residence permit, must immediately
leave the Greek territory, without any other formalities. know his future address when submitting the
Article
110 General conditions and granting of
a residence permit for a researcher
("H.3"
type residence permit) (Articles 7, 8,
17 and 34 of Directive 2016/801) 1. The entry
and residence of citizens of third countries in Greece
for the purpose of research is permitted, in approved
research organizations in accordance with article
103, as long
as the following conditions are cumulatively met:
a. are holders of a passport or other travel document
recognized by Greece, the validity of which covers
at least the duration of the intended stay and have
obtained a national entry visa for the purpose of the investigation,
Issue A' 81/01.04.2023
b. have full health insurance for all the benefits
covered respectively for nationals. The insurance
must be valid for the duration of the intended stay, c.
have sufficient resources to cover
their living expenses during the stay, without having
to resort to the national social welfare system, which
cannot be less than nine hundred (900) euros per
month to cover their expenses, as well as to cover
the costs of the return trip. The assessment of
adequate resources is based on an individualized
examination of each case and takes into account
resources derived from, inter alia, a grant,
scholarship , or valid employment contract, d. do not
pose a risk to public order and safety and public
health, e . have paid a fee in
accordance with par. d of par. 1 of article 171, f.
they present a hosting contract,
signed by the research organization, in accordance
with article 104. 2. When
the right of residence of the researcher is extended
in accordance with article 119, the responsibility of
the
research organization, as referred to in paragraph
6 of article 103, is limited until the date of
commencement of the residence permit for the
purpose of seeking work or developing a business
activity.
3. As long as the research organizations have been
approved as defined in article 103, applicants are
exempted from submitting the certificate referred to
in paragraph 6 of article 103 in the event that citizens
of third countries are to be accepted by approved
research organizations.
4. Subject to more specific provisions herein , the
competent agency for the submission and examination
of applications for the granting of residence permits
herein is the competent agency of the relevant
Decentralized Administration. The application is
accompanied by the required supporting documents,
the third-country national concerned does not yet
application , he shall declare a temporary address. In
this case, the citizen of a third country declares his
permanent address at the latest at the time of issuing
the residence permit provided
for in this article. 5. When examining the application
for the grant of the residence permit and issuing the
relevant decision, articles 10 and 11
shall apply. 6. If, based on the information provided
above, it is established that the conditions for the
exercise of research activity, the competent service
grants the residence permit for research (residence
permit type "H.3") within sixty (60) days from the
submission of the complete application by the
interested party. The permit is issued using the
uniform form established in Regulation (EC)
1030/2002. In the "remarks" position, the indication "researcher" is en
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
For researchers coming to the European Union under
a specific EU program or a multilateral program that
includes mobility measures, the permit shall mention
the specific program. Rejection decisions, which
provide sufficient reasons, are communicated to the
applicant and the investigating agency.
Article
111 Duration and renewal of the
researcher's residence permit (Article
18 of Directive 2016/801) 1. The researcher's
residence permit ( "H.3" residence permit ) is equal
to the duration of the host contract. If the contract has
a duration of less than twelve (12) months, a one-year
leave is granted. The residence permit is renewed if
there are no reasons for its revocation or non-renewal
in accordance
with article 113. 2. If the host contract is extended,
the residence permit is renewed for an equal period of
time. For the renewal of the residence permit, the
researcher is obliged to submit an application, before
its expiry, which is accompanied by the required
supporting documents. 3. Articles 10 and 11 apply
to the granting and renewal of the
residence permit. 4. The provisions herein apply to
researchers covered by EU or multilateral programs
that include mobility measures.
Article 112
Residence permit for family members of a
researcher (article 26 of
Directive 2016/801) 1. Researchers, citizens of
third countries, may be accompanied or followed by
their family members in derogation of paragraph 1 of
article 84. To the members of a researcher's family is
granted, upon their application, a residence permit
for family reunification , which expires at the same
time as the researcher's residence permit. The
provisions herein apply proportionally to family
members and in the case of
application of article 119. 2. The family member of
a researcher submits an application for the granting of
a residence permit in accordance with article 110,
accompanied by the supporting documents of the
decision of paragraph 1 of article 176 If, on the basis specific cases: a . if the conditions
of the above-mentioned data, it is established that the
conditions for family reunification are met , the
competent agency grants the residence permit within
ninety (90) days of the submission of the complete
application by the interested party. The competent
agency examines the complete application for the
family members at the same time as the application
for admission or long-term mobility for the researcher, obligations regarding social security, taxation,
in case the application for the family members is
submitted at the same time. The residence permit for
family members is granted only
if the researcher has been granted a permit in
accordance with Article 110. 3. To renew the residence permit, the researcher's family member is required to submit an applica
4177
before its expiry, to the body responsible for receiving
the application, in accordance with this Code. 4. The
researcher's family members have direct access
to dependent labor and provision of services or
work.
Article 113
Rejection, revocation or refusal to renew
the residence permit for studies, voluntary
service or research
(Articles 20 and 21 of Directive
2016/801) 1. Application for the granting or renewal
of a residence permit for studies (residence permit
type "H.1" ) or for the granting of a residence permit
for voluntary service (residence permit type "H.2") is
rejected or revoked , in addition to those defined in
article 15, and in the following more
specific cases: a. If the general conditions of article
105, b. if the
special conditions of art
thrones 106, 107 and 108,
c. if the student does not score a satisfactory pre
path to his studies. In
case of revocation of the residence permit, when it
is established that the lack of progress in the relevant
studies as defined in paragraph b', the competent
services ask the opinion of the institution of higher
education , d. when there are proofs or serious and
objective reasons that demonstrate that the student
or volunteer resides in the country for purposes other
than those for which he was permitted to reside, e. if
the organization hosting the volunteer service has
been established and operates with the sole purpose
of facilitating the entry of volunteers,
f. if the organization hosting the voluntary service is
or has been placed in liquidation, in accordance with
Greek insolvency law or does not carry out a real
economic activity or does not fulfill its legal obligations
regarding social security, taxation, labor rights, terms
or conditions of work or has been sanctioned for
undeclared or illegal work.
2. Residence permits for research ("H.3" residence
permit) are rejected, revoked or not renewed, beyond
those specified in article 15 and in the following more
of articles 110 and 111 are not met. This case does
not apply to the rejection of an application for long
mobility,
b. if the receiving body is not approved, c. if the
research host is or has been placed in liquidation
under Greek insolvency law or does not carry out a
genuine economic activity or does not fulfill its legal
employment rights, conditions or working conditions
or has been sanctioned, according to national
legislation on undeclared work or illegal employment,
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4178 GOVERNMENT GAZETTE
d. when there is evidence or serious and objective
reasons that demonstrate that the researcher resides
in the country for purposes other than those for which
he was granted residence, e. if
the host organization for the research has been
created with the sole purpose of facilitating entry of
researchers,
f. if the third-country national is considered to be a
threat to public order, public security or public health,
g. if, in the
case of a long-term mobility application, the
maximum length of stay of one hundred and eighty
(180) has been completed days in Greece.
3. Without prejudice to paragraphs 1 and 2, any
decision to reject an application or revoke a
residence permit takes into account the particularities
of the specific case and respects the principle of
proportionality .
Article
114 Temporary residence - Internship
of third-country nationals who enter
with a national entry visa ("H.4" type
residence
permit) (Articles 7, 13, 18 and 19 of
Directive 2016/801) 1. To third-country nationals to gain experience in a work environment with an
entering the country as interns, in approved host
institutions in accordance with article 102, the
competent consular authority is granted, without
prejudice to the provisions applicable to visas, a
national entry visa allowing residence for an internship
( residence document type "H.4 "). The above entry
visa is granted to citizens of third countries, as long the date of the application or that continue following
as the following conditions are
cumulatively met: a) they hold a passport or other
travel document recognized by Greece, the validity
of which covers at least the duration of the intended
stay, b) they
provide parental consent or of the person
exercising parental care for the intended stay, in
case they are under eighteen (18) years of age, c)
they have full health insurance in terms of all the
benefits covered respectively for nationals. The
insurance must be valid for the duration of the
intended stay, d) they have sufficient
resources to cover their living and training expenses provide evidence that the third-country citizen has
during the stay, without having to resort to the
national social welfare system, and to cover of the
return journey expenses . The assessment of
sufficient resources is based on an individualized
examination of each case and takes into account
the resources derived, among others, from a grant,
scholarship, valid employment contract from an
institution hosting interns, in accordance with the
provisions of the decision of par. 51 of article 176, e)
do not pose a risk to public order and security and
public health,
Issue A' 81/01.04.2023
f) have paid a fee for the granting of the national
entry visa,
g) provide an internship contract, between the
higher education institution and the approved host
institution, which provides for the internship of the
intern. The internship contract and its terms must
meet the requirements established by the decision
of paragraph a of par. 54 of article 176. The internship
contract includes: g) the personal details of the
intern, gb) the
description of the internship program,
including the educational objective or training
elements;
g) the duration of the internship, gd)
placement in an internship position at the host
institution and the conditions of supervision of the
internship,
g) the hours of the internship and gf)
the legal relationship between the intern and the
host carrier.
In the case of trainee third-country nationals, who
have obtained a higher education degree within the
two (2) years preceding the date of the application
for admission, an employment contract is required
approved host institution.
The above employment contract includes elements
analogous to those defined in the internship contract
of paragraph g', h)
provide evidence that they have obtained a higher
education degree within the two (2) years preceding
a study program with the aim of obtaining a higher
education degree. The internship must concern the
same field and the same specialty, according to the
curriculum, i) provide their address of residence in
the country, if they
know it, j) provide evidence in case the third
country citizen is
hosted throughout during his stay by the host
organization, that the accommodation meets the
conditions for decent living. Especially with regard to
internships in tourist companies, article 130 of the
p.d. applies proportionally. 80/2022 (A' 222), k)
attended or is going to
attend language courses in order to acquire the
necessary knowledge for the specific internship , if
the internship requires the citizen of a third country
sufficient knowledge of a specific language as a
condition for its exercise.
2. The hosting institution must provide a written
commitment to the competent consular authority
that, if an intern stays illegally in Greece, the hosting
institution is responsible for the reimbursement of
the accommodation and return expenses borne by the public,
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
in accordance with par. 2 of article 37 of Law
3907/2011 (A' 7). The host institution's financial
responsibility ends no later than six (6) months after
the end of the internship contract . Especially for the g) if the
internship programs in tourism businesses that are
implemented with host institutions/schools under the
jurisdiction of the Ministry of Tourism, the written
commitment is submitted by the tourism business,
in which the internship will take
place. 3. The entry visa for internship (residence
permit type "H.4") is valid for the same period as the
internship contract, cannot exceed, in total, six (6)
months and cannot be renewed. If the duration of
the contract, in the context of EU programs, is longer
than six (6) months, the validity period of the entry
visa is equal to the duration of the contract. 4. In the the Minister of Labour, Social Security and Social
"remarks" field of the national
entry visa, the indication "H.4 Trainee" is entered.
The validity period of the travel document covers at
least the duration of the intended internship. 5. The
decision on the complete application regarding the
procedure for admitting an intern to an approved
host institution in accordance with article 102, is
taken as soon as possible and at the latest within
sixty (60) days. If the information or supporting
documents provided in support of the application
are incomplete , the competent authorities shall
inform the applicant, within a period of two (2)
months, of the additional information required and
set a period of one (1) month for their submission. In
this case, the deadline of the first subparagraph
shall be suspended until the competent authorities
have received the required additional information. If
the supplementary information or documents are
not submitted within this period, the application may
be rejected.
Article
115 Rejection, revocation of a national
entry visa for internship
(articles 20, 21 of Directive
2016/801) 1. An application for entry and
residence for the purpose of internship is rejected or
a national entry visa granted for this purpose is
revoked (residence permit type "H.4"), beyond
those defined in article 15 and in the following more specific
a) when the general conditions of article 114 are
not met or cease to be met, b) when
the host organization is not approved, c) when
there are proofs or serious and objective reasons
demonstrating that the intern resides in the country
for purposes other than those for whom he was
granted residence, d) when the host
institution does not meet the terms and conditions
of the internship, e) when the host
institution of the internship has been created with
the sole purpose of facilitating the entry of interns,
4179
f) if the hosting organization is or has been placed
in liquidation, in accordance with Greek insolvency
law or does not carry out a real economic activity,
hosting organization of the internship does not
fulfill the obligations regarding social security and
taxation. 2. The application
is rejected, when at the expense of the hosting
institution, within a period of two (2) years prior to
the submission of the application for entry and
residence for the purpose of internship:
a. three (3) acts of fine imposition by the
supervisory bodies of the Labor Inspectorate for
violations of the labor legislation characterized,
according to no. 29164/755/27.6.2019 decision of
Solidarity (B' 2686), as applicable from time to time,
as "high" or "very high" seriousness, which result
cumulatively from three (3) carried out checks , or b.
two (2)
acts of fine imposition by the audit bodies of the
Labor Inspectorate for violations concerning
undeclared work, which result cumulatively from two
(2) conducted audits.
The control for the implementation of this is
carried out through the information systems of the
competent bodies for the granting of the national
entry visa for internship and the Labor Inspection.
Until the interconnection and interoperability of the
information systems, which is determined by a joint
decision of the Ministers of Digital Governance ,
Foreign Affairs, Education and Religious Affairs,
Labor and Social Affairs and Immigration and
Asylum, the legal representative of the host
organization submits a responsible declaration, in
which declares that the present sanctions have not
been
imposed against him. 3. In the case of determining
a maximum number of positions for citizens of third
countries, in accordance with the provisions of the
Act of the Council of Ministers of article 26, an
application for the entry and residence of a citizen of
a third country, which is considered to be in relation
to dependent work, is rejected, as long as the said
an employment position may be filled by a citizen or
citizen of the European Union or a citizen of a third
countrycases:
legally residing in Greece. This applies
without prejudice to the principle of preference of
citizens of the Union, as stated in the relevant provisions of the Act
4. Without prejudice to par. 1, any decision to
reject or revoke an entry visa takes into account the
particularities of the specific case and the principle
of proportionality.
5. Articles 32 and 34 on rejection and revocation
of Regulation (EC) 810/2009 shall be applied in
parallel with this .
6. Third-country nationals entering with a national
entry visa for the purpose of internship ("H.4"
residence permit) may not,
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4180 GOVERNMENT GAZETTE
during its validity period, to be granted a residence
permit of any category. The persons of the first
paragraph must leave the Greek territory immediately,
after the end of the internship, without any other
formalities.
Article 116
Equal treatment
(article 22 of Directive
2016/801) 1. The holder of a residence permit for
research (single residence permit type "H.3") has the
right to equal treatment with nationals, as provided
for in article 82. The right to equal treatment
treatment, in addition to those defined in par. 3 of
article 82, is not provided with regard to the provisions
of the national legislation regarding the branches of
social security related to family benefits and
unemployment benefits, subject to Regulation (EC)
1231/2010 , to researchers who have been allowed
to reside in Greece for a period not exceeding six (6)
months.
2. Holders of a residence permit for studies
(residence permit type "H.1"), as long as they are
employed within the Greek territory, are entitled to
equal treatment with nationals as provided for in
article 82. 3.
Holders of a residence permit residence permit for
voluntary service (residence permit type "H.2") are
not considered to be employed in Greece and are
entitled to equal treatment in terms of access to
goods and services and the supply of goods and
services made available to the public, as well as , as
the case may be, regarding the recognition of
diplomas, certificates and other professional
qualifications as provided for in the relevant national
procedures. 4. Holders of a national entry visa for
practice (residence title type "H.4") are entitled to
equal treatment in terms of access to goods and
services and the supply of goods and services made
available to the public. 5. Citizens of
a third country, who hold a higher education degree
up to two (2) years after obtaining the degree, are
entitled to equal treatment with nationals as provided
in article 82.
Article
117 Teaching by
researchers (Article 23 of
Directive 2016/801) 1. Researchers admitted
under this Chapter may provide teaching work. 2.
During mobility, researchers have, in addition to
their research activities, the possibility to teach.
Article 118
Professional activity of students (Article
24 of Directive 2016/801)
Citizens of third countries, who have received a
residence permit for study purposes (residence permit type "H.1"),
Issue A' 81/01.04.2023
they are allowed to work only on a part-time basis ,
outside of study hours, in accordance with the
provisions of the relevant provisions on part-time
employment. In any case, the number of working
hours cannot be less than fifteen (15) hours per week
or their equivalent in days or months per year.
Article 119
Stay of students and researchers for
the purpose of job search or
entrepreneurship
(Article 25 of Directive
2016/801) 1. After completion of studies or research,
holders of a residence permit for studies (residence
permit type "H.1") and the holders of a residence
permit for research (residence permit type "H.3"), can
stay in Greece, based on the residence permit
provided for in par. 3, for a period of one (1) year, in
order to look for work or set up a business
corresponding to the level of research or studies
completed. 2.
Students wishing to be subject to this article must
hold a university degree. For this purpose, the
student submits the higher education diploma to the
competent authorities as evidence . 3. For the purpose
of residence in accordance with par.
1, the Aliens and Immigration services of the
decentralized administration grant, at the request of
the student or the researcher, a residence permit type
E.1, E.3 or B.1, as long as they continue to the
conditions defined in paragraphs a', c', d' and e' of
paragraph 2 of article 105, paragraph b of paragraph
1 of article 106, as well as paragraphs a', b are met ',
c', d and e' of par. 1 of article 110. To this end, the
Greek authorities require confirmation from the host
institution for the completion of the researcher's
research activity. The responsibility of the research
organization of par. 6 of article 103 is limited until the
start date of the residence permit for the purpose of
seeking work or developing a business activity.
4. The applicant is entitled to apply for the present
residence permit within a period of at least thirty (30)
days before the expiry of the residence permit for
studies ("H.1" type residence permit ) or the residence
permit for research (residence permit type "H.3"). 5.
On a case-
by-case basis and as long as the conditions of
article 112 are still met, the residence permit for
family reunification of the researcher's family members
is renewed accordingly.
6. Application for the granting of a residence permit based on
is hereby rejected in the following cases: a) when
the conditions set out in par. 3 and, as the case
may be, in par. 2 and 4 are not met, b) when the
submitted documents have been obtained
fraudulently or have been forged or otherwise falsified .
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
7. If the evidence of obtaining a higher education
diploma or the confirmation of the research
organization for the completion of the researcher's
research activity is not available before the expiry of
the permits for studies (residence permit type "H.1")
or for research (residence permit type "H.3"), while
all other conditions are met, the Greek authorities
allow the citizen of a third country to remain in
Greece, in order to submit the evidence in question
within a period of three (3) months from the expiry
of the previous licence. 8. After at least three (3)
months from the issuance
of the residence permit pursuant to this, third-
country nationals are required to prove to the
competent agency that they have a real possibility
of being hired or setting up a business and that the
job the citizen is looking for of a third country or the
company he is going to set up correspond to the
level of studies completed.
9. If the conditions of paragraphs 3 and 5 are no
longer met, the competent agency revokes the
residence permit of the third country citizen and,
where applicable, of the
researcher's family members. 10. This article
applies to researchers and their family members
who reside or have resided in Greece, based on par.
11 of article 120 and par. 4 of article 121, based on
long mobility.
Article
120 Mobility of students
(Articles 31 and 32 of Directive
2016/801) 1. A citizen of a third country who holds
a valid title issued by the first member state for the
purpose of studies in the context of an EU or
multilateral program that includes mobility measures
or an agreement between two ( 2) or more
institutions of higher education, is allowed to enter
and stay, in order to carry out part of his studies in objection regarding the student's mobility to its
an institution of higher education in Greece based
on this Chapter for a period of up to three hundred
and sixty (360) days in Greece under the conditions
that defined in this article. 2. A student, who is not fraudulently or have been forged or otherwise
covered by an EU or multilateral program, which
includes mobility measures or by an agreement
between two (2) or more higher education institutions, notified without delay to the competent authorities
applies for a permit to enter and stay in Greece in
order to carry out part of his studies in a higher
education institution , in accordance with articles
105 and 106.
3. For this purpose, the institution of higher
education in Greece is required to notify the
competent Greek authorities, as well as the
authorities of the former member state, of the
student's intention to carry out part of his studies at public security or public health , they are not allowed
the institution of higher education in Greece.
4181
In this case, the notification is sent: a) either at
the time of submitting the application to the first
member state, if mobility to Greece is already
planned at this stage, b) or, after
the student has been accepted in the first state
member, as soon as the intention to exercise the
right of mobility to Greece is manifested.
4. A valid travel document, as provided for in
paragraph a of paragraph 2 of article 105, and the
valid residence permit issued by the first member
state and covering the total period of mobility are
attached to the notification.
5. If the notification is made in accordance with
para. a' of par. 3 and when the competent Greek
authority does not raise any objection before the first
member state, in accordance with par. 8, the
student's mobility to Greece may receive country at
any time within the validity period of the residence
permit.
6. If notification has taken place in accordance
with paragraph b of par. 3, and when the competent
Greek authority does not object to the student's
mobility in accordance with par. 8, the student's
mobility to Greece it is considered approved and can
begin.
7. In addition to the evidence of par. 4, the
notification must be accompanied by evidence that
the student carries out part of his studies in Greece
within the framework of an EU or multilateral
program, which includes mobility measures, or within
the framework of an agreement between two (2 ) or
more institutions of higher education , that he has
been accepted by an institution of higher education
in Greece, as well as information on the intended
duration and dates of the mobility . The above must
be written in the Greek language.
8. Within thirty (30) days of receiving the
notification, the competent authority may raise an
territory, if: a) the conditions
of paragraphs 4 and 7 are not met, b ) the
submitted documents have been obtained
falsified, c) the maximum length of stay has been
completed in
accordance with par. 1. The objection shall be
of the first member state and to the institution of
higher education in Hellas. In this case, the student
is not allowed to carry out part of his studies at the
higher education institution
in Greece. 9. The residence permit of par. 2 is
granted and renewed , as long as the conditions are
met and in accordance with the
procedure of articles 105 and 106. 10. Students
who are considered to pose a threat to public order,
to enter or stay in the country.
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4182 GOVERNMENT GAZETTE
11. If the student crosses the external Greek border on the
basis of a study permit issued by a member state that does not
fully implement the Schengen acquis, he must submit to the
competent Greek border authority the permit issued by the
first member state and a copy of the notification of par. 3, as
proof that he is moving to Greece for the purpose of studies.
12. If the competent Greek authorities revoke, in accordance
with Articles
15 and 113, a permit for study reasons , which provides for
mobility in a second Member State, they must inform the
authorities of the second Member State without delay.
13. The higher education institution informs the competent
Greek authority of any modification that affects the conditions
under which mobility has been permitted. 14. The student
must immediately stop all
activities and leave the Greek territory, if the conditions
under which the mobility was allowed are no longer met. 15. If
a citizen of a third country, a student, who has moved from
Greece to a second member state, stops
the activity in the second member state, it is allowed, at the
request of the second member state, to return the student to
Greece without formalities and without delay . The first
paragraph also applies if the study permit issued by the
competent Greek authority has expired or been revoked
during the mobility in the second Member State.
16. When the holder of a residence permit for studies
comes through the external borders of Greece, the competent
authorities consult the Schengen Information System and
refuse entry or object to the mobility of persons who have
been registered as undesirable in the Schengen Information
System.
Article 121
Mobility of researchers
(Articles 27, 28, 29, 32 and 34 of Directive 2016/801)
1. A researcher holding a valid title issued by the first
member state is entitled to reside in Greece, in order to carry
out part of his research in a research organization for a period
not exceeding one hundred eighty (180) days within a period
of three hundred sixty (360) days, subject to the terms and
conditions set forth herein. 2. For this purpose, it is required
that the research organization in Greece, since Greece is the
second
member state, notify the competent Greek authorities of the
researcher's intention to carry out part of his research in it. In
this case, the notification is sent: a) either at the time of
submitting the application to the first Member State, if mobility
to Greece is already foreseen at this
stage,
Issue A' 81/01.04.2023
b) either after the researcher has been accepted in the first
member state, as soon as the intention to exercise the right of
mobility towards Greece is manifested.
3. Attached to the notification is a valid travel document, as
provided for in paragraph a of paragraph 1 of article 110, the
valid title issued by the first member state and covering the
entire period of mobility, as well as the host contract which
has been concluded with the research organization in Greece,
as long as the intended stay exceeds three (3) months. 4. If
the notification is made in accordance with para. a' of par. 2
and when the
competent agency does not raise any objection before the
first member state , in accordance with par. 6, the researcher's
mobility to Greece may receive country at any time within the
validity period of the title for research purposes. 5. If the
notification has taken place in accordance with paragraph b of
par. 2 and when the competent agency does not object to the
mobility of the
researcher in accordance with par. 6, the mobility of the
researcher to Greece is considered to have approved and can
begin. 6. Within thirty (30) days of receiving the notification ,
the competent Greek authority may object to the mobility of the
researcher to its territory, provided that: a) the conditions of
par. 3 are
not met, b) the submitted documents have been obtained
fraudulently or have been forged or otherwise falsified, c) the
maximum length of stay has been completed in accordance
with par. 1. The objection is
immediately notified to the competent authorities of
the first member state and to the research organization in
Greece.
7. If the mobility objection is made before the mobility takes
place in Greece, the researcher is not allowed to carry out
part of his research in the research organization in the country.
If the mobility has already started, par. 21 applies
and 22.
8. Researchers deemed to pose a threat to public order,
public safety or public health are not permitted to enter or
remain in the country. 9. Citizens of third countries, who hold
a valid title as researchers issued by another member state
as a first member state, may reside in Greece in order to carry
out part of their research in a research organization for a
period of more than one hundred eighty (180) days, in the
context of long-term mobility, if they submit a long-term mobility
application for the granting of a residence permit in accordance
with article 110. In this case, a new host contract with the
research organization in Greece is required to conduct the
research in the country. 10. The application for granting a
residence permit is submitted by the third-country citizen
researcher if o
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
himself is already in Greece, in accordance with the
procedure and conditions of article
110. 11. For the granting of a residence permit,
the persons of par. 9 submit an application to the
competent body, in accordance with this, which is
accompanied by the required supporting documents . researcher
Until a decision is taken on the long-term mobility
application, the researcher is allowed to carry out
part of his research at the research organization in
Greece, provided that neither the time period referred residence permit issued by the first member state
to in par. 9 nor the period of validity of the permit
have expired issued by the first Member State. 12.
A 19. If the competent Greek authorities revoke, in
researcher who meets the present conditions is
not required to leave the Greek territory in order to
apply for a residence permit. 13. If, based on the
information provided above, it is established that
the conditions for long-term mobility are met, the
competent agency grants the residence permit within
sixty (60) days of the submission of the complete
application by the interested party and notifies the
decision in writing to the applicant and to the
competent authorities of the first Member State.
During the examination of the application for the
granting of the residence permit and the issuance of
the relevant decision, Article 10 shall be applied.
14. A researcher's residence permit is valid for the have moved from
duration of his host contract and is renewed in
accordance with article
111. 15. The permit is issued using the uniform
form established in Regulation (EC) 1030/2002. In
the "remarks" position, the indication " researcher
mobility" is entered. Rejection decisions, which
provide sufficient reasons, are communicated to the
applicant and the investigating agency.
16. a. An application for long-term mobility is
rejected when: aa) the researcher does not hold a
valid travel document and a valid residence permit
issued by the first Member State,
b) one of the reasons for rejection provided for in
article 113 applies, with the exception of the a' of
paragraph 1 of article 113,
g) the researcher's permit in the first member state
expires during the procedure or d) the
maximum length of stay has been completed
defined in par. 9. b. A
long-term mobility permit shall be revoked
when: (ba) the researcher does not hold a valid
travel document and a valid residence permit issued
by the first Member State or the researcher is
considered to pose a threat to public policy, public
security or public health, bb ) one of
the reasons for revoking the license provided for
in article 113 applies, with the exception of paragraph
a of paragraph 1 of article 113.
17. A long mobility application cannot be submitted
at the same time as a short notification
4183
mobility. If the need for long-term mobility arises
after the start of the researcher's short-term mobility,
the application for long-term mobility is submitted to
the competent agency at least thirty (30) days before
the end of the short-term mobility. 18. If the
crosses the external Greek border on the basis of
a research permit issued by a member state that
does not fully apply the Schengen acquis, the
and a copy of the notification of par. 2, as proof that
he is moving to Greece for the purpose of research.
accordance with
article 108, a residence permit for research
purposes, which provides for mobility in a second
member state, they must immediately inform the
authorities of the second member state. 20. The
research organization informs the
competent authority of any modification affecting
the conditions under which mobility has been
permitted . 21. The researcher and his family
members
must immediately cease all activities and leave
Greek territory if the conditions under which mobility
was allowed are no longer met. 22. In the event
that a researcher and his family members , who
Greece to a second member state, stop their
activity in the second member state, it is permitted,
upon request of the second member state, to return
to Greece without formalities and without delay. The
first paragraph also applies if the research permit
issued by the competent Greek authority has expired
or been revoked during the mobility in the second
Member State.
23. When the holder of a residence permit for
research or his family members cross the external
borders of Greece, the competent authorities consult
the Schengen Information System and refuse entry
or object to the mobility of persons, for whom the
Information System Schengen contains entries for
the purpose of refusal of entry or residence.
Article
122 Mobility of family members
of
researchers (Article 30 of
Directive 2016/801) 1. Family members of a
researcher who are holders of a valid residence
permit issued by the first Member State are entitled
to enter, in order to accompany or follow the
researcher who moves to Greece in accordance with
article 112, as long as they have a valid residence
permit as family members of a researcher in the first
member state.
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4184 GOVERNMENT GAZETTE Issue A' 81/01.04.2023

2. When applying the notification procedure Article

referred to in paragraph 2 of article 121, the Greek 123 Procedural guarantees -
research organization is required to transmit a valid information (Articles 34 and 35 of
travel document, a valid residence permit issued by Directive 2016/801) 1. The reasons, legal and
the first member state and evidence of the intended factual, for which an application for the grant or non-
duration of mobility, as well as for the assistance of renewal of a residence permit for research, studies
the conditions of para. b' and c' of par. 1 of article and voluntary service or an application for the grant
110 for the family members accompanying the is rejected entry visa for the purpose of internship,
researcher. 3. The competent Greek authority may are communicated in writing to the applicant. The
object to reasons for the decision to revoke an entry visa for
the mobility of the researcher's family member in the purpose of internship are communicated in
Greece, if the conditions of par. 2 are not met. writing to both the intern and the
Paragraphs b' and c' of par. 6 and par. 7 of article host institution. 2. Against the decision to reject
121 apply mutatis mutandis for family members. the application for the granting of a residence permit,
its revocation or non-renewal , issued pursuant to
this, an application for annulment shall be filed
4. When the Greek authorities apply the procedure before the competent administrative court , pursuant
referred to in paragraphs 9 to 23 of article 121, the to Article 57 of Law 4689/2020 ( A' 103), in
researcher's family member submits an application accordance with the specific provisions in article 16
for the issuance of a residence permit for family hereof. The filing of an appeal with the competent
reunification to the competent body, in accordance administrative court does not release the practitioner
with the present , accompanied by : a) valid travel from the obligation to leave the Greek territory after
document, b) valid residence permit issued by the the end of the
first Member State, c) receipt, d) evidence of the maximum six-month period of stay. 3. The
intended duration of mobility, e) evidence that they procedural guarantees regarding the national visas
have full health insurance for the whole of the granted for the purposes of the internship are defined
benefits covered respectively for non- residents. The in
insurance must be valid for the duration of the Regulation (EC) 810/2009. 4. Without prejudice to
intended stay, and f) evidence that they have the second paragraph of paragraph 2 of article 144
sufficient resources to cover their living expenses regarding the status of citizens of third countries who
during the stay, without having to resort to the are long-term residents, the period of residence of
national welfare system, the which cannot be less citizens of third countries who have resided in Greek
than nine hundred (900) euros per month, in order territory as a student or of the volunteer, is not taken
to cover their expenses, as well as to cover the costs into account in order to provide these persons with
of the return trip 5. The family members of a further rights. 5.
researcher are granted, upon their application, a Competent authorities shall provide applicants
family residence permit reunification, which expires with information on all supporting documents required
at the same time as for the submission of the application and information
the researcher's residence permit. on entry and residence, as well as rights, obligations
and procedural guarantees. They shall also make
readily available information on the level of sufficient
monthly resources, including the resources required
6. The long-term mobility permit for family members to cover the costs of studies and related fees. The
may be revoked or not renewed if the long-term information is posted on the website of the Ministry
mobility permit of the accompanying researcher is of Immigration and Asylum. 6. Without prejudice to
revoked or not renewed and they do not enjoy an the second paragraph of paragraph 2 of article 144
independent right of residence in accordance with regarding the status of third country citizens who
this . are long-term residents, the period of residence of
7. Family members of a researcher who are third country citizens who have resided in Greek
considered to pose a threat to public order, public territory as a student or of the volunteer, in
security or public health are not allowed to enter or accordance with article 105, is not taken into account
reside in Greek territory. 8. The in order to provide these persons with further rights.
competent Greek authorities reject the application 7. The competent authorities publish lists of approved
for the issuance of a residence permit for long-term host bodies for the purposes of the
mobility, when the conditions provided for in this internship. Updated versions of these lists are
article are not met. Paragraphs 12, 13 and sub- published as soon as possible after each change.
paragraphs ab', ag', ad' of para. a' and bb' of para.
b' of para. 16 of article 121 apply to family members
accordingly.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4185

Article 124 the number of researchers whose license has been

Points of renewed or revoked. Statistics for family members of
contact (article 37 of Directive accepted researchers are shared in the same way. These
2016/801) 1. The Ministry of Education and Religious statistics are broken down by nationality and, as far as
Affairs is defined as the Greek point of contact with the possible, by duration of validity of the permit.
corresponding competent services of the other member
states of the European Union for the exchange of information regarding:
CHAPTER B'
a) with the procedures applied for the mobility provided NATIONAL ARRANGEMENTS FOR RESIDENCE
for in article 120, b) with multilateral programs PERMITS FOR EDUCATIONAL REASONS
for students that include mobility measures and
agreements with two (2) or more higher education Article 126
institutions. 2. The General Secretariat for Research and Rapid procedure for granting residence permits
Innovation of to first, second and third cycle students of
the Ministry of Development and Investments is A.E.I.
designated as the Greek point of contact with the
1. The Higher Educational Institutions (HEIs) of the
corresponding competent services of the other member
country , which offer first, second and third cycle study
states of the European Union for the exchange of information
programs, may enter into tripartite agreements with the
regarding:
Ministry of Immigration and Asylum and the Decentralized
a) with the procedures applied for mobile
Administration, in the territorial competence of which the
section provided for in articles 121 and 122,
AEI is based for the establishment of a procedure for the
b) by admitting researchers only through approved
rapid granting of residence permits to students, citizens of
research organizations,
third countries, who are accepted in their study programs
c) with multilateral programs for researchers involving
and enter Greece with a national entry visa for studies,
mobility measures and agreements between two or more
under the following conditions:
higher education institutions .

a) The mandatory duration of studies is at least : aa)

Article 125 three
Statistics years for first-cycle programs, b) one year for
(Article 38 of Directive 2016/801) second-cycle programs, and c) three years for third-
1. The Ministry of Immigration and Asylum, once a year, cycle programs, b) the conditions of articles 105
announces to the European Commission , in accordance and 106 are met for the grant residence permits under
with Regulation (EC) 862/2007, statistics on the number of such agreements. The present contract may concern all or
residence permits for the purposes of studies issued for the part of the study
first time and of the notifications received in accordance programs of the relevant HEI, which admit, as students,
with par. 3 of article 120 and as far as possible, for the citizens of third countries. 2. When concluding the contracts
number of students whose permit has been renewed or of par. 1, the Ministry of Immigration and Asylum is
revoked. The statistics are broken down by nationality, and, represented by
as far as possible, by the duration of validity of the permit. the Head of the Immigration Policy Directorate of the
2. The Ministry of Foreign Affairs, once a year, communicates General Directorate of Immigration Policy , the locally
to the European Commission, competent Decentralized Administration is represented by
in accordance with Regulation (EC) 862/2007, statistical its Secretary, and the S.A. I. by his legal representative. 3.
data on the number of national entry visas for practice In the contracts of par. 1, the following elements are defined
reasons issued for the first time and on the number of as a minimum: a) the number of study programs, which are
trainees, whose national entry visa was revoked. These offered by the relevant A.E.I.
statistics are broken down by nationality, and, as far as and to which citizens of third countries may be admitted,
possible, by the length of validity of the entry visa. 3. The b) the title and the
Ministry of Immigration and Asylum once a year announces decision to establish each study program, c) the maximum
to the European Commission , in accordance with Regulation number of admissions per study program and academic
(EC) 862/2007, statistics on the number of residence year, d) the service of the relevant HEI,
permits the which is responsible for the preparation of the
for research purposes issued for the first time and complete file,
notifications received , according to par. 2 of article 121 which includes the application for the grant of a residence
and to the extent possible, for permit due to studies and the
necessary justifications
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4186 GOVERNMENT GAZETTE
for every citizen of a third country, who has been accepted
into a study program of A.E.I., e) the special
reasons for concluding the contract, the duration of validity
of the contract and the possibility of renewing it, as well also
the obligations of the contracting parties. 4. The application
for granting the present residence permit is
submitted by the relevant A.E.I. to the competent Aliens
and Immigration service of the Decentralized Administration,
in accordance with the provisions of article 10, and is
accompanied by the required documents for the issuance of
the residence permit, as defined in the decision of paragraph
1 of article 176. 5. The permit of residence herein is granted
by decision of the Secretary of the Decentralized Administration,
at
the latest within a period of forty (40) days from the date of
submission of a complete dossier of justifications and receipt
of the required biometric data. 6. The present residence permit
is valid for the same period as the maximum duration of study
of the study program, in which the citizen of a third country
has been
accepted. If there is a need for renewal for the completion
of the studies of the citizen of a third country, the residence
permit may be renewed in accordance with the provisions of
article 107 in the context of the fast-paced procedure herein.
The obligation to submit the data of paragraph c of paragraph
3 of article 107 to the competent aliens and immigration
service rests with the relevant A.E.I..
7. After concluding the contract of par. 1, A.E.I. informs, by
any appropriate means, the Greek consular authorities of third
countries, from which citizens wish to enter, in order to enroll
in study programs of the relevant A.E.I., of the current contract
and the conditions of the procedure for the rapid granting of
residence permits for citizens of three countries.
Article 127
Special residence arrangements for study
purposes
1. Children born in Greece to parents who hold a residence
permit for studies, in derogation of the applicable provisions
of the legislation on the family reunification of citizens of third
countries, are granted an individual residence permit in their
capacity as members of a student's family, which expires at
the same time as residence permit of their parents or one of
them. 2. A residence permit for study purposes is not granted
to citizens of third
countries residing in the country for work or professional
reasons, with the exception of those who have been accepted
for family reunification purposes. 3. The renewal of a
residence permit for family reunification or an independent
residence
permit, for spousal reasons
Issue A' 81/01.04.2023
therefore it is not subject to paragraph b of paragraph 2 of
article 105 and paragraph b of paragraph 1 of article 106.
Article 128
Residence permit for citizens of third countries
for professional training
(residence permit type "H.5") 1.
The entry and residence of a citizen of a third country in
Greece is permitted for training in public or private Lifelong
Learning Centers, Vocational Training Institutes ( IEK) and
Vocational Training Schools (VET), provided that: (a) a
certificate from the competent service of the Ministry of
Education and Religion, confirming the existence of a valid
license to establish and operate them and (b) a certificate that
the citizen of a third country country has been accepted into a
program that requires regular and not distance learning, has
a document certifying proficiency in the language in which the
subjects of the study program are taught, as well as the
duration of the studies. 2. The entry of a citizen of a third
country to study at a College is permitted, as long as the
citizen of a third country is admitted to a program that requires
regular and not
distance learning, has a document certifying proficiency in
the language in which the subjects of the study program are
taught, and a relevant certificate from the College is granted,
which certifies the existence of a valid license for its
establishment and operation, as well as the student's
internship , if provided for by the curriculum . 3. The residence
permit for studies ("H.5" residence permit) is granted by
decision of the Secretary of the Decentralized Administration,
is valid for one (1) year and may be renewed for an equal
period of time, as long as the conditions of of articles 105 and
106. If the
duration of the study program is less than one (1) year, the
residence permit is valid for the duration of the study program.
In addition, the third country citizen is given the opportunity to
apply for a residence permit for studies with a validity period
equal to the maximum duration of study of the specific study
program. In this case, when submitting the application, the
student additionally provides a certificate from the relevant
educational institution for the total study time of the program
he intends
to follow, as well as for the student's obligation for practical
training provided by the study program.
4. During the period of validity of the present
residence permit, the citizen of a third country may
not switch to another category of present residence
permit.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
Article 129
Right of residence of employees in
a company, which is established in a third
country or in another EU or EEA member
state, participating in study programs in
Colleges, which exclusively provide studies,
based on validation and franchise agreements
(franchising) with higher education
institutions abroad, recognized by the
competent authorities in the country where
they are based. ("H.6" residence permit) 1. To
citizens of third countries who
enter the country as employees of a company, which
is established in a third country or in another member
state of the EU or the EEA, who participate in study
programs in Colleges, which exclusively provide studies,
based on validation and franchising agreements with
higher educational institutions abroad, recognized by the
competent authorities in the country where they are
located, are granted by the competent consular authority,
subject to the of general and special provisions on visas,
national entry visa, for a period of up to twelve (12)
months that allows residence for this purpose. 2. The
national entry visa is granted to the persons in question,
provided they present to the competent Greek
diplomatic or salaried consular authority:
a. the general supporting documents, as defined in the
decision of the Minister of Foreign Affairs (B' 1820) under
data F.3497.3/AP 24245/28.5.2014 ,
b. copy of the decision establishing or operating the
College of the Ministry of Education and Religious Affairs,
c. certificate from the College, from which the
educational program, its intended duration, its starting
date and the amount of the tuition fees are derived, d. a
certificate of
registration from the College or a certificate that it has
been accepted for registration and a certificate and that
the program requires regular and not distance learning,
e. permission from
the company, which employs the prospective student
for his participation in the specific study program, f. a
fee of one hundred and fifty
(150) euros, g. a certified copy of the proof of
payment of
total amount of tuition fees, i. proof
of sufficient knowledge of the language in which the
study program is taught, level B1, i. certification and
franchise agreement with higher education institutions
abroad, recognized by the country where they are based,
i. evidence that have sufficient
resources to cover their living expenses during their
stay and study in the country, without burdening the
national social welfare system. The amount of sufficient
resources is determined at six hundred and fifty (650)
euros per month and is proven by a deposit account,
bank transfer and/or under
4187
food. The above amount is increased by twenty percent
(20%) for the spouse and by fifteen percent (15%) for
each child. 3. The above students
may be accompanied by their family members, as
defined in paragraph 1 of article 4. During their stay in
Greece, neither the student nor his/her spouse is allowed
provide dependent work or carry out economic activity in
the country.
Article 130
Residence permit for scholars - participants
in special programs
("H.7" type residence permit)
1. The entry and residence of citizens of third countries,
who participate in exchange programs within the
framework of transnational agreements, in cooperation
programs financed by the European Union, is permitted ,
as well as scholarship holders of ministries, organizations,
charitable institutions and the State Scholarship
Foundation, provided they have received a national
income visa. The national entry visa is granted, as long
as the competent Greek consular authority is presented
with a certificate from the organization implementing the
respective program or awarding the scholarship.
2. The residence permit is granted by decision of the
Secretary of the Decentralized Administration for a
period of time equal to the period of execution of the
program or duration of the scholarship. The scholars of
par. 1 are not obliged to pay a fee. 3. During
the validity of this residence permit, the citizen of a
third country may not request a change of residence
permit category.
Article 131
Right of residence of students of foreign
higher education institutions,
participating in summer study
programs, in accordance with
article 90 of Law 4692/2020 ("H.8" type residence
permit) 1. To citizens of third countries who enter the
country as students of foreign higher education
institutions , participating in summer study programs, in
accordance with article 90 of Law 4692/2020 (A' 111), is
granted by the competent consular authority, subject to
the general and special provisions on visas, a national
visa of entry, beyond ninety (90) days, which allows
residence for this purpose. The national entry visa is
granted to those interested if they have reached the age
of eighteen (18) at the time of submitting the application ,
are not accompanied by dependent members of their
family and present to the competent Greek diplomatic
or salaried consular authority the following:
a) the general supporting documents, as defined in the
decision of the Minister of Foreign Affairs under items
ÿ.3497.3/AP 24245/28.5.2014 (B' 1820),
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4188 GOVERNMENT GAZETTE
b) certificate of registration or certificate that they have
been accepted for registration by the relevant educational
institution, c) evidence of payment of the prescribed fees
of fees to the relevant educational institution,
d) receipt of one hundred and fifty (150) euros, e)
evidence that they have sufficient resources to cover
their living expenses, as determined in the decision of
par. 51 of article 176, in proportion to the sufficient
resources required for the granting a residence permit
for study purposes. 2. During their stay in Greece, which
cannot exceed a period of seven (7) months, as
national visa holders, they are not allowed to provide
dependent work or exercise economic activity in the
country.
Article 132
Residence permit for studying at the
Schools and Special Schools of the Armed
Forces, the Security Forces and the Coast
Guard - Hellenic Coast Guard or the
Academies and Schools of the Merchant
Navy, at Training Schools for pilots,
engineers and cabin crew members, in
Athoniada Ecclesiastical Academy of
Mount Athos, in musical educational
institutions, for learning the Greek language
in a Teaching Center or related body of a
Higher Educational Institution (residence
permit
type "H.9") 1.a. The entry and
residence of citizens of third countries who have
obtained a national entry visa and have been accepted
to study at the Schools and Special Schools of the
Armed Forces, the Security Forces and the Coast Guard
- Hellenic Coast Guard or at the Academies and Schools
of the Merchant Marine is permitted. Navy. b. By decision
of the Secretary of the Decentralized Administration,
a residence permit is granted, the validity of which is
equal to the duration of the study at the Schools and
Special Schools of par. 1. Especially for the study at
Military Schools, during the residence permit, the
prescribed pre-education time for the academic
preparation and learning of the Greek language by the
foreign scholars, as well as the maximum extension
time of their studies per School. Those who have been
accepted to study as scholars of the above Schools and
Special Schools are not required to pay a fee.
c. During the period of validity of this residence permit,
the citizen of a third country may not request a change
of residence permit category. 2.a. The
entry of an identical citizen of a third country to study
at Athonias Ecclesiastical Academy one of Mount Athos
is permitted, provided that the citizen of a third country
previously obtains a national entry visa.
b. The citizen of a third country must, at least two (2)
months before the expiry of the entry visa, sub
Issue A' 81/01.04.2023
submit to the Holy Episcopate of Mount Athos, subject
to article 10, an application for the granting of a residence
permit. Along with the application, you must submit:
wow Copy of passport or other travel document with
the national entry visa, bb. certificate of
registration at the Athoniada Ecclesiastical Academy,
ex. certificate
from a Holy Monastery or an institution or an individual
that they undertake the guardianship, the expenses of
his studies and living on Mount
Athos, bd. certificate from the Holy Episcopate or the
Holy Monastery or the institution or the private individual,
who have assumed his guardianship, that they are
obliged to fully cover his medical care and hospitalization
expenses , as well as
b. health certificate, issued by non- state nursing
institutions or health centers or clinics and clinics of the
Primary National Health Network (PEDY), that the citizen
of a third country does not suffer from diseases, which,
in accordance with the regulations of the World Health
Organization and of Union law, may pose a risk to public
health. c. The residence permit (residence permit type
"H.9")
of the citizen of a third country is granted by decision
of the Secretary of the Decentralized Administration,
following the recommendation of the Holy Episcopate.
d. The residence permit is
granted for the duration of the years of study and can
be renewed for one (1) more year. e. During the validity
of this residence
permit, the citizen of a third country may not request a
change of residence permit category. 3.a. By decision of
the Secretary of the Decentralized
Administration, a residence permit is granted to
citizens of three countries, who have been accepted to
study at musical educational institutions, recognized by
the state, as long as they hold a valid passport and have
obtained a corresponding national entry visa ( residence
permit type "H.9"). The musical educational institutions ,
which have the possibility to be subject to the regulations
of the present, must have entered into a cooperation
agreement - assignment of educational units with Higher
Educational Institutions abroad, which include
Departments of Music Studies and which are recognized
by the country us.
b. The Higher Educational Institutions included in the
relevant list of the Interdisciplinary Organization for the
Recognition of Academic Titles and Information
(D.O.A.T.A.P.), as it applies each time, are considered
to be recognized by our country .
c. The application for granting the residence permit is
submitted to the one-stop service of the competent
Aliens and Immigration Directorate of the Decentralized
Administration of the applicant's place of residence.
d. The residence permit (residence permit type "H.9")
is issued once with a validity period of up to one year
and cannot be renewed for any of the reasons of this
Code.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
e. In the event of interruption of studies, the
competent music educational institution must inform
the competent Aliens and Immigration service of the
relevant Decentralized Administration without delay
and no later than within fifteen (15) days of the
interruption of studies , in order for it to proceed with
the revocation of the residence permit or the rejection
of the relevant
request. f. The consular authorities of the country
provide every possible facility to attract students from
abroad to study in the educational institutions of
paragraph a' and may carry out any control they deem
necessary to prevent phenomena of circumvention of
this paragraph.
4.a. The entry and residence of citizens of three
countries, who have been accepted to study at Training
Schools, in which Departments for the training of pilots,
engineers and cabin crew members of aircrafts, which
operate with the approval of the Civil Aviation Authority,
are allowed, if the duration of the training exceeds six
(6) months. b. Citizens of third countries who have
obtained a
national entry visa (type D) for the above purpose
are granted a residence permit by decision of the
Secretary of the Decentralized Administration. The
application for granting or renewing the residence
permit is submitted to the Aliens and Immigration
Service of the Decentralized Administration of the
applicant's place of residence.
c. The duration of the residence permit is set for a
period of up to thirty-six (36) months depending on the
study program. The duration results from a relevant
certificate from the School of Education, considered by
the Civil Aviation Authority. In the case of granting a
residence permit for a shorter period of time , the
residence permit may be renewed under the same
conditions until the maximum total time limit of thirty-
six (36) months is completed. d. In the event of an
unjustified interruption of studies , the respective
School of Education immediately informs, on the one
hand, the Civil Aviation Authority, on the other hand,
the competent Foreigners and Immigration service of
the relevant Decentralized Administration, in order for
the latter to proceed with the revocation of the residence
permit or rejection of the grant or renewal request as
the case may be. e. No change of
purpose is allowed for the holders of residence
permits granted under this paragraph. f. The citizen of
a third country
who applies to the relevant Greek diplomatic or
salaried consular authority for the granting of a national
entry visa (type D) is not allowed to simultaneously
submit an application for the granting of a single entry
visa (type C) in accordance with the provisions of the
Regulation (EC) 810/2009, based on the provisions of
this paragraph and vice versa . During the validity of
a uniform entry visa (type C) and until its expiry, an
application for the granting of a national entry visa for
the above purpose cannot be submitted.
4189
g. To citizens of third countries, who have been
accepted to study at Training Schools, in which
departments for the training of pilots, engineers and
cabin crew members of aircraft operate, which operate
with the approval of the Civil Aviation Authority, as long
as the duration of the of education does not exceed six
(6) months, a national entry visa (type D) for short-term
education may be granted by the competent Greek
diplomatic or salaried consular authorities that allows
residence for the period of time required until the
completion of the education.
h. The national entry visa (type D) is granted, on a
case-by-case basis, for attending educational programs
of the Schools of Education of district G', such as: h.
Gain
additional ability. ev. Class and type
skill acquisition. Mr. Qualification in class
and type (trainer , examiner, performance-based
instrument navigation).
n.d. Practical engineering training.
hey License conversion.
est. License validation or renewal.
z. Completion of flight hours or work hours incl
aircraft clothing.
The aforementioned Schools inform the prospective
students accordingly . Citizens
of third countries entering with a national visa , in the
present case, cannot, during its validity, be granted a
residence permit of any category. In case of completion
of all studies before the
expiry of the above national visa, the student informs
the School of the date of his final departure from
Greece. The School is obliged to immediately inform
the competent Greek diplomatic or salaried consular
authority, in order to revoke the visa, if the original
reason for which it was granted has no longer existed.
i. Entry and residence in the country is permitted with
a uniform entry visa (type C), where this is required, in
accordance with the provisions of Regulation (EC)
810/2009, for a period of time, which does not exceed
ninety (90) calendar days days, to citizens of third
countries, who have been accepted to study at
Education Schools of this paragraph, as long as the
study program does not exceed ninety (90) calendar
days and does not include air training under the
responsibility of the relevant School. The above also
applies to the cases of citizens of third countries, which
are included in Annex II of Regulation (EU) 2018/1806
and are exempt
from the visa requirement. The above entry visa
(type C) may be granted to citizens of third countries
for their participation in ground examinations, which
are a prerequisite for attending
educational programs at the Schools of Education,
which operate
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4190 GOVERNMENT GAZETTE
with the approval of the Civil Aviation Authority. Air
tests are not included in these six trends. For the
above case, a relevant certificate from the School of
Education, certified by the Civil Aviation Authority, is
also submitted. When visas
are granted, the reason why they were granted is
written in the "Remarks" field. Any extension of the
uniform entry visa provided for in this article by the
competent services of the Greek Police of the Ministry
of Citizen Protection is granted in accordance with the
provisions of article 33 of Regulation (EC) 810/2009,
either for reasons of force majeure/ humanitarian
reasons, or for unforeseen personal reasons, which
are evaluated accordingly. 5.a For citizens of third
countries who wish to enter the country
for the purpose of learning the Greek language at
a Teaching Center or a related institution of a Higher
Educational Institution, it is granted by the competent
consular authority, subject to the general and special
provisions on visas , national entry visa, beyond
ninety (90) days, which allows residence for this
purpose. The national visa is granted to those
interested, as long as the following special conditions
are met: aa. they present a certificate from the
organization implementing
the program, that they have been accepted into a
program that requires normal and not distance
learning, which also mentions the exact duration of
the study program, ab. have sufficient resources to
cover their living expenses
during their stay and study in the country, without
burdening the national social welfare system. The
amount of sufficient funds is determined at six hundred
and fifty (650) euros per month and is proven by
deposit accounts, bank transfer and/or scholarship,
ag. they pay a fee of one hundred and fifty (150)
euros. b. The national entry visa of the same duration
as the period of study in the Greek language learning
program,
and in any case up to one (1) year, does not grant
access to any form of work . After the end of the Greek
language learning program , and before the expiry of
the validity of the national entry visa, the citizen of a
third country must leave the country. After the expiry
of the visa, the citizen of a third country must leave
the Greek territory immediately, without any other
formalities.
c. In case of continuation of the Greek language
learning program, for a period longer than the validity
of the granted national entry visa, it is possible to
grant a residence permit by decision of the Secretary
of the Decentralized Administration, lasting up to one
(1) year at a time, and up to a maximum of three (3)
years, provided that the interested citizen of a third
country, before the expiry of the validity of the national
entry visa in the country, submits to the competent
service of the Decentralized Administration of his
place of residence, an application, accompanied by
Issue A' 81/01.04.2023
the supporting documents determined by the decision
of paragraph 1 of article
176. The residence permit in question does not
grant the right of access to any form of work, nor the
possibility of recourse to the country's insurance or
welfare system. It is not allowed to change the purpose
of this residence permit and the citizen of a third
country, after the end of the Greek language learning
program, must leave the country.
Article 133
Obtaining a medical specialty
(residence permit type
"H.10") 1. The entry and residence of a citizen of a
third country for the acquisition of a medical specialty
is permitted, provided that the citizen of a third country
previously
obtains a national entry visa. 2. The residence
permit is granted by decision of the Secretary of the
Decentralized Administration, has a duration of one
(1) year and can be renewed, with a renewal duration
of two (2) years, and until the acquisition of the
specialty. A condition for the granting of the residence
permit is the presentation of a certificate from a
nursing institution that
provides a specialty, that it is accepted to obtain it.
3. The above citizens of third countries can also be
accompanied by their family members, who are
granted, upon their request, an individual residence
permit that expires at the same time as the residence permit of the dep
PART G
ACCOMMODATION FOR HUMANITARIAN
AND EXTRAORDINARY REASONS
Article 134
Residence permits for humanitarian
and exceptional
reasons (residence permit type "A")
1. By decision of the Minister of Immigration and
Asylum, a residence permit may be granted on a
case-by-case /ad hoc basis for humanitarian reasons
to citizens of third countries who are in Greece
(residence permit type "A.1" - Ad Hoc Residence
Permit) with right access to the labor market and in
particular to victims and material witnesses of criminal
acts, to victims of domestic violence, to victims of
crimes with racist characteristics, to those suffering
from serious health problems, to victims of work
accidents, to those attending a legally approved
mental health treatment program dependence, as
well as to citizens of third countries who, at the risk of
their lives, performed acts of social virtue, giving and
solidarity that promote humanitarian values. The
Minister of Immigration and Asylum may refer the
case to the Immigration Committee of the Ministry of
Immigration and Asylum for an opinion . Condition
for granting a residence permit to persons suffering
from serious problems
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
of health is the possession by the applicant of a valid
residence
permit. 2. By decision of the Minister of Immigration and
Asylum, a residence permit is granted for humanitarian reasons
to citizens of third countries who are in Greece with the right
to access the labor market and fall into one of the following
categories: a. victims of human trafficking subject to the
provisions of the Palermo Protocol ratified by law 3875/2010
(A' 158) and not subject to articles 135 to 142 hereof (residence
permit type "A.2"), b. citizens of third countries, who were
employed either under particularly abusive working conditions,
or as minors, in accordance with article 89 of Law 4052/2012
(A' 41) (residence permit type "A.3"). 3. The residence permit
granted in accordance with paragraphs 1 and 2 has a validity
period of one (1) year and is renewed for
an equal period of time, as long as the granting conditions
are still met. As long as the reasons for which the residence
permit was granted no longer exist , the third-country national
may request a change of residence permit category in
accordance with article 12. 4. By decision of the Secretary of
the Decentralized Administration, a residence permit is granted
for humanitarian reasons to third-country nationals countries
located in Greece and falling into one of the following
categories: a. residence permit type "A.4" to aa) adult citizens
of third countries, unable to take care of their affairs due to
health reasons or minors who are demonstrably in need of
protective
measures and are hosted by
institutions or other legal entities with a public benefit
purpose, as long as their return to a safe environment she's
slim,
ab) minors, whose custody has been assigned by a decision
of a Greek court or a foreign court recognized by the Greek
authorities, to Greek families or families of citizens of third
countries with legal residence in the country or for whom
adoption proceedings are pending before the Greek authorities ,
g) minor citizens of third countries, who have been placed in a
foster
family either by court order or following the drawing up of a
written contract between the natural parents or the
commissioner or the agency that has custody of the minor with
the foster parents. The residence permit granted in paragraphs
aa), ab), ag) has a validity period of three (3) years and is
renewed for an equal period of time as long as the granting
conditions are still met . If the reasons for which the residence
permit was granted disappear, the citizen of the third country
may request a change of residence permit category in
accordance with article 12,
b. type "A.5" residence permit for minors hosted in boarding
schools that operate under the supervision of the competent
Ministries. The residence permit is valid for three (3) years and
is renewed for an equal period of time, as long as the granting
conditions are still met . As long as the reasons disappear
4191
for whom the residence permit was granted, the citizen of the
third country may request a change of residence permit
category in accordance with article 12. 5. By
decision of the Secretary of the Decentralized Administration,
a residence permit is granted for exceptional reasons
(residence permit type "A.6" ) with the right of access to the
labor market for citizens of third countries who have resided in
the country for at least seven (7) continuous years, prior to
the submission of an application, according to documents of a
certain date, or are parents of a minor citizen and provide
information documenting the parentage relationship with the
child(ren). The residence permit is granted once, it has a
validity period of three (3) years and upon the expiry of its
validity period, its holder may request a change of residence
permit category in accordance with article 12. Citizens of third
countries who are subject to this are granted a receipt in
addition to letter of request stating that the issuance of a
return decision is blocked in accordance with article 21 of Law
3907/2011 (A' 7) for the time required until the request is
examined. The time of stay based on a relevant right of the
applicant for international protection in the country, according
to par. 1 of article 73 of Law 4939/2022 (A' 111), is not counted
towards the completion of the seven years. 6. A condition for
the granting of a residence permit to persons subject to this is
the possession of a passport, even
if it has expired. A residence permit is also granted in cases
where it is established that it is objectively impossible to
provide the interested party with a passport, as long as this is
established, following a reasoned application of the interested
party and the opinion of the competent Immigration Committee.
7. For the examination of an application for the granting of a
residence permit , according to this article, no fee shall be
paid, with the exception of par. 5, for which
a fee of three hundred (300) euros shall be paid. 8.
Applications for the granting of a residence permit for minors
or adults, who are unable to take care of their own affairs and
are accommodated in any institution or legal entities with a
public benefit purpose, are submitted by the designated
representative of the institution or legal entity.
PART E
ADMISSION OF THIRD-COUNTRY
CITIZENS - VICTIMS OF HUMAN
TRAFFICKING OR ILLEGAL TRAFFICKING OF
IMMIGRANTS UNDER DIRECTIVE
2004/81/EC (residence permit type "A.7")
CHAPTER I
GENERAL PROVISIONS
Article 135
Consideration period
(Article 6 of Directive 2004/81)
1. To citizens of third countries who have been classified as
victims of human trafficking or illegal traffic-
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4192 GOVERNMENT GAZETTE
of immigrants according to par. k' and l' of article 4, as long as
they do not fall under par. 2 of article 1 of the p.d. 233/2003
(A' 204), a three (3) month cooling-off period is provided by
act of the competent prosecutorial authority , so that they
escape from the influence of the perpetrators of the crimes
against them and are mentally rehabilitated in order to be able
to receive a consciously disabled decision regarding their
cooperation with the prosecuting authorities. 2. Especially for
minors - victims of
human trafficking or illegal immigrant trafficking, the same
deadline can be extended for two (2) more months by decision
of the competent prosecuting authority and with the criterion
of serving the interest of the minor. 3. During the consideration
period, the persons referred to in paragraphs 1 and 2 are not
removed
from the country. A return decision, which has been issued
but not yet executed, is suspended.
4. By decision of the competent prosecuting authority, the
consideration period may be terminated before its expiration,
in the event that: a. it is established by the
relevant public prosecutor's office that the above-mentioned
person has actively, voluntarily and on his own initiative re-
established his relations with the perpetrators of the crimes of
paragraphs k' and x' of article 4 or that the elements are not
found in his person which were taken into account for the
characterization of him as a victim of human trafficking or the
illegal trafficking of immigrants, which are required, in
accordance with the provisions in paragraphs k' and l' of
article 4, or b. there are reasons of public order
and security.
Article 136
Informing victims and special care for minors
(Articles 5
and 10 of Directive 2004/81) 1. The
competent Prosecutor of First Instance or the competent
police authority or the competent social support bodies of the
p.d. 233/2003 (A' 204), as well as any of the bodies referred
to in article 135 hereof, notify the third-country national - a
victim of human trafficking or illegal immigrant trafficking that
he is entitled to submit a request to be granted a residence
permit, providing him the necessary information for this
purpose. 2. In the case of a third-country national who is a
victim of human
trafficking or illegal immigration who is an unaccompanied
minor, the competent prosecuting authority shall take all
necessary steps to determine his identity and nationality and
to establish the fact that he is unaccompanied, shall pay every
effort to locate his family as soon as possible and immediately
take the necessary steps to ensure his legal representation
and, if necessary, his representation in the criminal
proceedings. The competent Juvenile Prosecutor or, where
there is no Juvenile Prosecutor, the competent First Instance
Prosecutor, if
Issue A' 81/01.04.2023
if the minor's family cannot be found or if he judges that under
the specific circumstances his repatriation does not serve his
interest, he may order any appropriate measure for his
protection until the appointment of a Commissioner, in
accordance with article 66IA of Law 4939/2022 ( A' 111).
Article 137
Care and benefits during the contemplative
period
(Article 7 of Directive 2004/81)
1. During the observation period, victims of human trafficking
or illegal immigration have the right to medical treatment and
access to psychological support services provided by the
National Health System, by the Protection and Assistance
Units, by organizations that cooperate with the above ,
according to articles 2, 3 and 4 of the p.d. 233/2003 (A' 204),
as well as by the Reception and Identification Services.
2. Adequate conditions are guaranteed to the same persons
livelihood, since they do not have sufficient resources.
3. The competent prosecuting, judicial and police authorities
take care, as a matter of priority, for the protection and safety
of the victims of par. 1, for providing them with translation and
interpretation services when they do not know the Greek
language, for informing them about with their legal rights and
with the services provided to them, as well as for the provision
of any necessary legal assistance.
CHAPTER II
RESIDENCE PERMIT FOR VICTIMS OF
HUMAN TRAFFICKING OR ILLEGAL
TRAFFICKING OF IMMIGRANTS
Article 138
Granting and renewal of a residence permit
(residence permit type "A.7")
(Article 8 of Directive 2004/81)
A citizen of a third country who has been classified as a
victim of human trafficking or the illegal trafficking of
immigrants , by Act of the competent Prosecutor of First
Instance, in accordance with article 135, is granted, after his
relevant application submitted in person or through the
competent Prosecutor, a residence permit for victims of human
trafficking or illegal migrant trafficking (residence permit type
"A.7") or the granted permit is renewed, without requiring the
payment of a fee, with the conditions and procedure of articles
139 to 142.
Article 139
Conditions for granting and renewing a
residence permit
(Article 8 of Directive 2004/81)
1. After the expiry of the consideration period or even before
it has passed, if c. b' occurs, the competent Prosecutor
examines whether one of the following conditions is met and
prepares a relevant report:
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
a. if it is deemed appropriate to extend the stay of
the person in question in Greek territory, to facilitate
the ongoing investigation or criminal proceedings, b.
if the above
person has shown a clear boo
collaboration, and
c. if the same person has severed all relations with the
alleged perpetrators of the offenses of paragraphs k' and l'
of article 4. 2. The examination
of the application for the grant of the residence permit
takes place on a priority basis and its grant is carried out by
decision of Minister of Immigration and Asylum. Subject to
reasons of public order and security, a twelve (12) month
residence permit is issued if one of the conditions of par. 1
is met and which is renewed each time for an equal period
of time, as long as the same conditions continue to be met.
Article 140
Rights
(Articles 9 and 11 of Directive
2004/81) The residence permit
guarantees: a) right of access to the labor market, which
is valid only during its duration, b) the
benefits and care of article 137, c) access to
professional training and education , in accordance with
the more specific provisions of articles 5 and 6 of the p.d.
233/2003 (A' 204).
Article 141
Special reasons for non-renewal and revocation
of the residence
permit (Articles 13 and 14 of Directive
2004/81) The residence permit of victims of human
trafficking or illegal immigrant smuggling (residence permit
type "A.7") shall not be renewed or revoked, as long as a
from the following conditions: a. If the
beneficiary actively and voluntarily reconnects with the
alleged perpetrators of the acts he has denounced,
b. if the competent authority determines that the victim's
cooperation or complaint is fraudulent or abusive or that
there are reasons of public order and security;
c. when the criminal procedure for the crimes of
paragraphs k' and l' of article 4 has been terminated in
accordance with the provisions of articles 43 or 47 of the
Code of Criminal Procedure or an irrevocable court decision
has been issued , by which the relevant procedure is
terminated. This provision does not apply to victims within
the meaning of par. 2 of article 1 of the p.d. 233/2003 (A' 204). has not yet been issued,
Article 142
Change of type of residence permit
Within one (1) month of the completion of the relevant
procedure with the issuance of an irrevocable court decision,
a residence permit may be granted to the holder of a
residence permit, in the capacity of a victim of human
trafficking or illegal immigration trafficking (permit
4193
residence type "A.7"), residence permit for one of the
reasons and under the corresponding conditions provided
herein, by decision of the Minister of Immigration and
Asylum or the Secretary of the relevant Decentralized
Administration. During the procedure for granting the new
residence permit, special consideration is given to the fact
that the applicant is or has been a holder of a residence
permit as a victim of human trafficking or illegal immigration.
PART IX
LONG-TERM RESIDENCE PERMITS (TYPE
“M” RESIDENCE PERMIT)
CHAPTER I
REGULATION OF THIRD-COUNTRY
CITIZENS WHO ARE LONG-TERM RESIDENTS
ACCORDING TO DIRECTIVE 2003/109/EC
OF 25 NOVEMBER 2003 AND ADAPTATION
OF GREEK LEGISLATION TO THE PROVISIONS
OF DIRECTIVE 2011/51 /EU OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL OF 11
MAY 2011 AMENDING COUNCIL DIRECTIVE
2003/109/EC BY EXTENDING ITS SCOPE
TO BENEFICIARIES OF INTERNATIONAL
PROTECTION
Article 143
Scope (Article 3
of Directive 2003/109) 1. This
Chapter applies to the citizens of third countries legally
residing in Greek territory , including those entitled to
international protection. 2. This does not apply to citizens of
third parties
countries, which:
a) They have a residence permit for studies or work
training in accordance with this Code,
b) have received a residence permit in Greece by virtue
of temporary protection or are requesting permission to
stay for the same reason and are awaiting the issuance of
a phase regarding their status, c) have
received a residence permit in Greece pursuant to forms
of protection other than international protection , under
international law or national law or are seeking permission
to remain for the same reason and are awaiting a decision
on their status;
d) have submitted an application to be granted
international protection status, for which a relevant decision
e) they enjoy temporary residence status, in accordance
with the provisions herein, as well as the family members
who accompany them, where this is provided for, f) they
enjoy legal
status subject to the 1961 Vienna Convention on
Diplomatic Relations, which was ratified by n.d. 503/1970
(A' 108), or in the Vienna Convention of 1963, regarding
the projects
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4194 GOVERNMENT GAZETTE
relations, which was sanctioned by Law 90/1975 (A'
150).
3. This applies subject to more favorable provisions:
a) Bilateral and
multilateral agreements between the member
states of the European Union or the European Union
and its member states and third countries on the
other,
b) bilateral and multilateral agreements between
Greece and third countries,
c) the European Convention on Establishment of
December 13, 1955, the European Social Charter of
October 18, 1961, which was ratified by Law
1426/1984 (A' 32) and of paragraph 11 of the Annex
to the Convention on the Legal Status of Refugees of
July 28, 1951, which was ratified with n.d. 3989/1959
(A' 201), as amended by the relevant Protocol of New
York of January 31, 1967, which was ratified with
the a.n. 389/1968 (A' 125).
Article
144 Conditions for obtaining long-term
resident status (residence permit type
"M1")
(Articles 4 and 5 of Directive
2003/109) 1. To the citizen of a third country who
resides in Greece, legally and continuously, during
the five (5) years immediately before the date of
submission of the relevant application, subject to par.
3, long-term resident status is granted , provided that
the following
conditions are met cumulatively: a. He has an
income, sufficient for himself and his family's needs ,
which does not come from recourse to the country's
social assistance system. This income cannot be
less than the annual earnings of the person paid the
minimum wage, increased by ten percent (10%) for
all dependent members of his family , including any
amount derived from a regular unemployment
benefit. . When calculating income, the contributions
of family members are taken into account. The regular
nature of the above income is demonstrated in
particular by the fulfillment of his insurance and tax
obligations. b. He has full health insurance in terms
of the total benefits covered
for the respective categories of insured nationals,
which also covers his family members. c. Meets the
conditions for integration into Greek society, according
to par. 2 of article 145. 2. The
periods of residence referred to in par. e' and par.
2 of article 143 are not taken into
account for the calculation of the five-year period
of par. 1 hereof. In particular, periods of residence
for the purposes of studies or vocational training are
only taken into account in half for the calculation of
the same period . For the beneficiaries of international
protection, at
Issue A' 81/01.04.2023
calculation of the period of par. 1 half of the period
between the date of submission of the application
for international protection on the basis of which the
international protection status was granted and the
date of issuance of the residence permit according
to pars. 1 to 4 of article 23 of Law 4939/2022 (A' 111)
or the entire period, if it exceeds eighteen (18)
months. 3. Periods of absence, as long as they are
less than six (6) consecutive months and do not
exceed a total of ten (10) months within the five-year
period, are counted in the calculation of the five-year period.
4. The Ministry of Immigration and Asylum and the
competent bodies for the submission and examination
of the application, as well as for the granting of the
residence permit of the long-term resident, inform
the interested parties about the conditions and
procedures for obtaining the status of long-term
resident , as well as for the rights and obligations
arising from it. The information is carried out in
particular through information leaflets, posting of
information material on the websites of the above
bodies or any other suitable means. This material is
updated periodically. The Asylum Service also takes
care of informing beneficiaries of international
protection .
Article
145 Acquisition of the status and
granting of a long-term resident
residence permit (article 7 and par.
3 of article 8 of Directive 2003/109)
1. As long as the conditions of article 144 are
cumulatively met , the third country citizen submits
an application for the granting of a long-term
residence permit ("M1" type residence permit) to the
competent body of paragraph 3 hereof, which is
accompanied by the required
documents. 2. The conditions for integration of a
citizen of a third country into Greek society, referred
to in paragraph c of paragraph 1 of article 144, are
met in the following cases: a) if he proves that he
has sufficient knowledge of the Greek language and
knowledge of elements of Greek history and of Greek
culture in
accordance with article 160, or b) if he holds a
permanent residence card
as a member of a Greek family or c) if he has
legally
resided in Greece for twelve (12) years or d) if he
holds
a Special Homogeneous Identity Card . 3. The
competent body for granting the residence permit for
a long-term resident is the one that issued the last
residence permit. For the beneficiaries of international
protection and expatriates, the competent body for
granting the residence permit for a long-term resident
is the Secretary of the
locally competent Decentralized Administration.
Upon receipt of the long-term residence permit, the beneficiary of inter
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
see the residence permit of a beneficiary of international
protection, which is forwarded to the Asylum Service and
automatically ceases to be valid.
4. The competent body, after seeking the opinion of
the relevant police authority on issues related to public
order and security, examines whether the conditions
of article 144 are met. 5. The
competent body, after taking into account the opinion
of par. 4, issues relevant decision, at the latest within
six (6) months from the date of submission of the
application with all the required supporting documents.
The above deadline can be extended for an additional
three (3) months, if there are justified special
conditions . In case of a positive decision, the third-
country national is granted a residence permit of a
uniform type pursuant to Regulation (EC) 1030/2002.
In the title "type of permit" is written "long-term resident
- EU". For beneficiaries of international protection, the
"Remarks" field of the residence permit states:
"International protection has been granted by the
Hellenic Republic on (date)." 6. When a
long-term resident residence permit is granted to a
beneficiary of international protection who holds a long-
term residence permit issued by another Member
State, the residence permit shall also include the
above observation mentioned by the Member State
granting the international protection status. Before
recording the observation in question , the competent
body requests the Member State referred to in the
observation to provide information on whether the long-
term resident is still a beneficiary of international
protection. If the international protection has been
lifted by a final decision of the above member state,
the relevant remark is not written. In the event that
another Member State requests the provision of the
above information, the contact point, as defined in
Article 159, shall respond within one month of receipt
of the request for the provision of information. 7. The
status of the
long-term resident is permanent, subject to article
148.
Article 146
Duration and renewal of a long-term
resident's residence
permit (Article 8 of Directive 2003/109)
1. The residence permit of the long-term resident
("M1" type residence permit) is valid for five (5) years,
which is renewed for five (5) years each time, without
the need to meet the conditions of article 144. 2 For
the renewal of
the residence permit, the long-term resident is
obliged to submit an application, before its expiry, to
the competent service for receiving the application, in
accordance with the provisions herein, which is
accompanied by the required supporting documents
defined in the decision of par. 1 of article 176. For the
renewal of the residence permit, par. 1 of article 11
does not apply.
4195
Article 147
Rejection of an application for the
granting of a long-term resident's residence
permit for reasons of public order or
public security (Article 6 of
Directive 2003/109) 1. The application for the
granting of a long-term resident's residence permit
may be rejected for reasons of public
order or public security . 2. The examination of the
reasons relating to public order or public security is a
prerequisite for the examination of the request for the
acquisition of long-term resident status and the
granting of the
residence permit. 3. When making the relevant
decision, the seriousness or type of offense against
public order or public security or the risk posed by the
person in question shall be considered, and the length
of stay and the existence of ties with the country shall
be taken into account. The refusal to grant a residence
permit cannot be based on invoking reasons of general
fiscal policy.
Article 148
Revocation or loss of long-term resident
status (Article 9 of
Directive 2003/109)
1. The long-term resident is not entitled to maintain
the status, if: a. It is
proven that he has fraudulently collaborated in
obtaining the status,
b. a return decision has been issued against him , in
accordance with article 150, c.
has been absent from the territory of the European
Union for a period greater than or equal to twelve (12)
consecutive months,
d. constitutes a threat to public order, taking into
account the seriousness of the offenses he has
committed, even if this threat is not a reason for return
within the meaning of article 150, e.
he has acquired the status of a long-term resident
in another member state of the European Union, in the
context of exercising the right of residence in other
member states, pursuant to Directive 2003/109/EC,
f. it is proven, in any way, that he has been absent
from the territory of Greece for a period exceeding six
( 6) years,
g. an application for renewal of international
protection status is revoked or rejected, in accordance
with paragraph 3 of article 13 and paragraph 3 of
article 18 of Law 4939/2022 (A' 111). The Asylum
Service informs the Secretary of the locally competent
Decentralized Administration in case of revocation or
non-renewal of the international protection status of a
long-term resident residence permit
holder. 2. The expiry of the long-term resident
residence permit is not, independently, a reason for
revocation or loss of the long-term
resident status. 3. When the revocation or loss of
the status does not justify the taking of a return measure during the en
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4196 GOVERNMENT GAZETTE
meaning of paragraph 1 of article 150, the citizen of a
third country can submit an application for another
reason, apart from the acquisition of long-term resident
status, in accordance with the provisions of this Code,
without requiring the granting of a national entry visa.
In the case of a beneficiary of international protection,
the Asylum Service is informed in order to re -issue
the residence permit of a beneficiary of international
protection.
Article 149
Recovery of long-term resident status
(Article 9 of
Directive 2003/109) 1. A
third-country national who has lost long-term resident
status may request its recovery in the following cases:
a. when he has lost the status due to absence from
the territory of the European Union for a period greater
than or equal to twelve (12) consecutive months, or b.
when he has lost the status in Greece, due to the
granting of this status in another member state of the
European Union.
2. To regain the status, the citizen of the third
country submits an application to the body that
originally granted him the long-term resident status,
which is accompanied by the supporting documents
specified in the decision of paragraph 1 of article 176.
3. For the rest, the procedure of paras
thrones 145 and 146.
Article 150
Return - Protection against return (Article
12 of Directive 2003/109) 1.
The return of a third country citizen with long-term
resident status is permitted pursuant to Articles 16 to
41 of Law 3907/2011 (A' 7), when there is a present
and specifically justified threat to public order or public
security.
2. The return decision cannot be based on invoking
reasons of more general fiscal policy. 3. When
examining the reasons justifying the taking of a return
measure in the person of the long-term resident, the
following are taken into
account: a. The duration of his stay
in the country, b. the effects on him and his family
members, c. the ties with the country of residence
or the absence of ties with
his country of origin, d. the age of the
person concerned. 4. If the return concerns a
beneficiary of international protection with long-term
resident status, the Member State referred to in the
observation of paragraph 6 of Article 145 is requested
to confirm whether the person in question is still
entitled to international protection in that State. If a
member state submits a relevant request for
information, the Asylum Service must respond within
one (1) month of receiving the request.
Issue A' 81/01.04.2023
5. If the long-term resident is still entitled to
international protection in the member state referred
to in the observation of paragraph 6 of article 145, he
is returned to this state. By way of exception, the long-
term resident may, in accordance with the country's
international obligations, be returned to a country
other than the member state that granted him
international protection, as long as he meets the
conditions of par. 2 of article 20 of
Law 4939/2022 (A' 111). 6. If a member state returns
a long-term third-country national who has been
granted international protection status in Greece,
which is in force, the country, subject to the application
of European legislation and the principle of family
unity, immediately allows readmission of him and his
family members without formalities.
7. This article applies subject to the application of
the principle of non-refoulement in accordance with
the country's international obligations.
Article
151 Right of appeal
(Article 10 of Directive
2003/109) 1. The decision to reject an application
for the granting of a residence permit for a long-term
resident, to revoke the residence permit or to return
must be justified . The decision is communicated to
the interested party, who is informed by means of a
notification document about the means of protection
according to this article, as
well as about the deadline for exercising them. 2.
For the decisions issued pursuant to this , a request
for remedy is made, in accordance with article 24 of
the Code of Administrative Procedure [law.
2690/1999 (A' 45)]. 3. Against the decision to reject
the application for the granting of a long-term resident
residence permit, its revocation or non-renewal, the
loss of status or the return decision, an annulment
application is filed before the competent administrative
court, pursuant to Article 15 of Law 3068/2002 (A'
274). 4. For the exercise of the remedy against the
return decision, the long-term resident who does not
have sufficient resources for this purpose, is granted the penalty benefi
Article 152
Rights and obligations of a long-term
resident
(Article 11 of Directive
2003/109) 1. A long-term resident enjoys equal
treatment with nationals in terms
of: a. the access to the employed or non-employed
worker and the conditions of employment and work,
including the terms of dismissal and remuneration.
Access to activities related to the exercise of public
authority is not permitted, b. in
education and vocational training,
including scholarships,
c. in the recognition of professional diplomas,
certificates and other titles,
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4197

d. to social security and the basic benefits of social Union, may reside, conditionally, in the country for a
assistance and protection, as defined in the context of, period exceeding three (3) months, for the following
in particular, Law 4051/1960 (A' 68), on the support of reasons: a. For the
vulnerable children, of the n.d. 57/1973 (A' 149), on exercise of salaried activity. In this case, the long-term
taking social protection measures for the economically resident must have concluded an employment contract,
weak and abolishing the institution of the aporia, of Law from which it follows that his remuneration is equal, at
1302/1982 (A' 133), on the ratification of the International least, to the monthly earnings of the unskilled worker.
Labor Convention no. 103/1952, of Law 2101/1992 (A' The conditions and the procedure for granting the
192), on the ratification of the International Convention relevant residence permit are determined in accordance
on the Rights of Children and Law 3454/2006 (A' 75), with the corresponding provisions herein. b. For self-
on family support, e. the tax facilities . _ _ _ _ _ exercise employed activity, as well as as citizens of third
a specific profession, including countries with sufficient means of subsistence
the advantages provided by this type of organization, (residence permit type "I.8"). In these cases, for the
subject to public order and public security; terms and conditions of granting the relevant residence
permits, the corresponding provisions herein apply
accordingly. c. For studies. In this case,
the long-term resident must have registered or been
accepted for registration at the relevant educational
institution, in accordance with article 106. The conditions
and procedure for granting the relevant residence permit
are determined in accordance with the corresponding
provisions of this . d. For professional
h. the free movement and establishment throughout training. In this case , the long-term resident must
the Territory. This right may be limited in accordance have been accepted by a Vocational Training Institute
with the decision of par. 24 of the article (I.E.K.) or Vocational Training School and have been
176. granted a relevant study approval by the competent
2. The right to equal treatment provided for in body of the General Secretariat of Vocational Education,
paragraphs b', d', e', f' and g' of par. 1 is exercised in Training , Lifelong Learning and Youth, of the Ministry
cases where the place of residence of the long-term of Education and Religious Affairs, in accordance with
resident or the family members, for for which he requests article 128. The conditions and the procedure for
the provision of the above rights, is located within the granting the relevant residence permit are determined,
Greek territory. 3. The right to accordingly, in accordance with the corresponding
equal treatment is limited to: a. Access to a salaried provisions herein. 2. For the granting of
or non- a residence permit in the above cases, it is required
salaried activity which, according to the provisions of to prove that the interested party has: a. Adequate
the current legislation , is exercised exclusively by resources, at a fixed
Greeks or citizens of the European Union or the income level
European Economic Area, b. access to education and to cover living expenses,
b. health insurance covering risks similar to those of
vocational training, for which the long-term resident the nationals. 3. In paragraphs a and b
may be required to demonstrate language proficiency of paragraph 1, priority is given to citizens of the
required for this purpose; European Union, citizens of third countries, as long as it
is provided for by the Union legislation and citizens of
c. admission to higher education institutions, for which third countries, who reside legally in Greece and receive
prior fulfillment of the educational requirements of the unemployment benefits . 4. For the granting of the
current legislation is required. 4. With regard to
beneficiaries of international protection, paragraph d corresponding residence permit, the persons of par. 1
of paragraph 1 and paragraph 3 hereof shall apply submit an application no later than three (3) months
subject to the provisions of articles 1 to 36 of Law after their entry into the country to the competent body,
4939/2022 (A' 111). as long as the above conditions are met, which is
accompanied by the required supporting documents. 5.
Article 153 The competent
Right of residence and granting of a service for the examination of applications for the
residence permit, in Greece, to a citizen of a granting of residence permits herein is the competent
third country with long-term resident status service of the relevant decentralized administration .
in another member state of the The application is submitted in accordance with article
European Union (Articles 14, 15 and 19 10. The competent service of the decentralized
of Directive 2003/109) 1. The long-term resident, administration examines the application and, if the
who has acquire this status in another European member state
above conditions are met and there are no reasons concerning
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4198 GOVERNMENT GAZETTE
in public order, public security or public health in accordance
with article 155, issues a decision granting the corresponding
residence permit. This decision shall be notified to the contact
point in accordance with Article 159.
6. The application review process is completed within four
(4) months at the latest, after the application was submitted
with the required supporting documents. If the application is
accompanied by incomplete supporting documents or there
are exceptional reasons, the above deadline can be extended
up to three (3) additional months. The competent body informs
the applicant accordingly.
7. The duration of validity of the residence permit in
question, as well as the procedure for renewing it, are
determined, as the case may be, in accordance with the provisionsresidence
8. This Chapter does not apply to the following citizens of
third countries who are long-term residents of another
member state of the European Union: a. Salaried workers
employed by a service provider in the context of cross-
border service provision, in accordance with article 71 and b.
cross-border service providers. 9. Citizens of third
countries who are long-term residents of another
member state of the European Union may enter the country
for seasonal work. 10. For matters concerning the social
security of third-country citizens with long-term resident status
in another member state and who exercise their right of
residence in Greece, pursuant to this Chapter, the Union law
in the field of social security shall apply . 11. If another
member state requests Greece to amend the observation
stated in the last paragraph of par. 5 of article 145, since the
responsibility for the
international protection of the long-term resident has been
transferred to the other member state, the competent body
issues, within three (3) months, the residence permit for a long-
term resident, modified in accordance with the part of the
observation of par. 5 of article 145. 12. If international
protection status is granted to a citizen of a third country, to
whom another member state has previously granted long-term
resident status , the point of contact, as defined in Article 159,
requests the Member State that has issued the long-term
residence permit to amend it, so as to include the remark
referred to in the last paragraph of paragraph 5 of of article
145.
Article 154
Family members of a third-country citizen who
exercises the right of residence in Greece as
long-term residents in another member state of the
European Union
(Article 16 of Directive 2003/109)
1. The third-country citizen with long-term resident status in
another member state of the European Union Union may be
accompanied or reunited with his family members if the family
was already formed in the other Member State. The above
members
Issue A' 81/01.04.2023
of the family submit an application for the granting of a
residence permit to the agency responsible for receiving the
application, in accordance with the provisions of this Code,
no later than three (3) months from their entry into the country,
which is accompanied by the required supporting documents.
2. The competent service for the
examination of applications for granting residence permits
herein is the competent service of the relevant Decentralized
Administration. The application is submitted in accordance
with the provisions of article 10. The competent service of the
Decentralized Administration examines the application and,
as long as the above conditions are met and there are no
reasons related to public order, public security or public health
in accordance with article 155, issues a decision granting a
herein. permit for family reunification, which follows the fate
of the dependent's residence permit. This decision is notified
to the contact point, in accordance with article 159. The
application review process is completed no later than four (4)
months after the application was submitted with the required
supporting documents. If the application is accompanied by
incomplete supporting documents or in case of exceptional
reasons, the above deadline can be extended up to three (3)
additional months. The competent body informs the applicant
accordingly.
3. If the family was formed after exercising the right of
residence in Greece, articles 83 to 90 apply.
Article 155
Rejection of an application for the granting
of a residence permit to a third country citizen with
long-term resident status in another member state
of the European Union and his family
members, for reasons of public order, public
security or public health (Articles 17 and
18 of Directive 2003/109 ) 1. The
application for granting a residence permit to a long-term
resident or to his family members under this Chapter may be
rejected for reasons of public order or public security. The
examination of the reasons relating to public order or public
security is a prerequisite element when examining the request
for the granting of the relevant residence permit.
2. When considering matters of public order or public
security, the seriousness or type of offense or the risk
represented by the person in question shall be considered.
The refusal to grant a residence permit pursuant to this
Chapter cannot be based on invoking reasons of a more
general fiscal policy.
3. The application for the granting of a residence permit to
a third-country citizen with long-term resident status in another
European Union member state or to members of his family
pursuant to this Chapter may be rejected for reasons of public
health.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
The only diseases that can justify a refusal of entry
or the right of residence are those prescribed by the
World Health Organization, as well as other
infectious, contagious or parasitic diseases, which
require measures to protect public health. The
finding, after the initial residence permit has been
issued, that the third-country national suffers from a
disease contracted after entering the country is not
a reason for not renewing his residence permit or
removing him from its territory country.
4. Article 151 also applies to the licenses for the
present.
Article
156 Rights and obligations of third-
country nationals with long-term resident
status in another member state of the
European Union who hold a residence
permit in Greece (Article 21
of Directive 2003/109) 1. Third-country nationals
with long-term resident status in another member
state of the European Union who reside in Greece
by virtue of this Chapter, enjoy equal treatment with
nationals in the areas and under the conditions of
article 152.
2. Third country citizens with long-term resident
status in another member state of the European
Union who reside in Greece for the purpose of
exercising a salaried activity under this Chapter,
they are not allowed, during the first twelve months,
to be employed in a specialty other than the one for
which they were granted the original residence
permit, as well as to change their insurance provider.
3. Persons
who enter the country pursuant to paragraphs c
and d of paragraph 1 of article 153 are only allowed
to work part-time in accordance with this Code.
4. Family members who hold a residence permit
pursuant to this Chapter are subject to the rights and
obligations of article 89.
Article
157 Revocation of the residence permit and
obligation to
readmit (Article 22 of
Directive 2003/109) 1. Until the third country
citizen acquires long-term resident status in Greece,
his residence permit shall not be renewed or
revoked and the interested party and the members
of his family are obliged to leave the territory of the
country, in
the following cases: a. For reasons of public order
or public security,
according to article 155, b. when the terms and
conditions of articles 153 and
154 are no longer met, c. when the third-country
national does not legally reside in the country.
4199
2. If one of the measures referred to in par. 1 is
taken, the third country citizen concerned must
immediately return to the first member state that
granted him the long-term resident status. 3. If one
of the measures referred to in par. 1 is taken by a
second member state and concerns a citizen of a
third country, who has been granted the status of a
long-term resident in Greece and exercises his right
of residence in the second member state, the
competent Greek authorities must immediately and
without formalities allow the readmission of him and
his family members to Greece.
4. Until he acquires the status of a long-term resident
in Greece and without prejudice to the readmission
obligation provided for in par. 2, the competent Greek
authorities may remove the citizen of a third country
from the territory of the European Union, in accordance
with article 150 and by virtue of the guarantees of this
article, for serious reasons of public order or public
security. In these cases, the competent Greek
authorities consult with the corresponding authorities
of the first member state. The competent Greek
authorities, in the context of the above consultation,
request, from the first member state, the necessary
information for the issuance and execution of the deportation decision
5. Return decisions based on paragraphs b and c
of paragraph 1 are not accompanied by a permanent
ban on
residence. 6. If one of the measures referred to in
par. 1 is taken and the competent Greek authorities
request his readmission to the member state that
had granted the long-term resident status, in
accordance with par. 2, the third country citizen and
the members of of his family retain the right to move
to a third member state of the European Union.
7. Paragraph 4 does not apply to beneficiaries of
international protection with a long-term residence
permit from another member state, unless
international protection has been withdrawn in the
meantime or if the person in question falls into one
of the categories defined in paragraph 2 of article 20
of Law 4939/2022 (A' 111). This paragraph applies
subject to paragraph 1 of article 20 of Law 4939/2022.
Article
158 Acquisition of long-term
resident status in Greece in the context
of exercising the right of residence as
a long-term resident in another member
state of the
European Union (Article 23
of Directive 2003/109) The citizen of a third
country, who has been granted long-term
resident status in another member state of the
European Union and resides legally in Greece by
virtue of this Chapter, may submit an application for
the granting of long-term resident status in Greece,
in accordance with the terms and conditions of article
153. This decision is notified to the first state
member, according to article 153.
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4200 GOVERNMENT GAZETTE
Article 159
Point of contact
(article 25 of Directive 2003/109)
1. The Migration Policy Directorate of the Ministry of
Immigration and Asylum is defined as the Greek point of
contact with the corresponding competent services of the
other member states of the European Union for the exchange
of the information specified in present.
2. The competent services of the Decentralized
Administrations of the country are obliged to inform the
Immigration Policy Directorate of the Ministry of Immigration
and Asylum about the applications submitted and the
residence permits granted in accordance with articles 153,
157 and 158. 3. The Ministry of Protection
of the Citizen is obliged to inform the Immigration Policy
Directorate of the Ministry of Immigration and Asylum about
return decisions issued against third country citizens who
have received a residence permit in Greece as long-term
residents of another member state of the European Union.
4. The Asylum Service provides all necessary information to
the Greek contact point regarding
beneficiaries of international protection.
Article 160
Proof of sufficient knowledge of the Greek
language and elements of Greek history and
culture for the acquisition of long-term resident
status 1. Sufficient knowledge
of the Greek language, history and culture is demonstrated
by one of the following qualifications: a) graduation certificate
the mandatory at least
education of Greek schools in Greece,
b) graduation certificate from a high school abroad, the
which belong to the Greek education system,
c) recognized graduation title from departments
of Greek language at universities abroad,
d) Greek language certificate of at least level B1 issued
in accordance with p.d. 363/1998 (A' 242), e) special
certificate
of sufficient knowledge of the Greek language and
elements of Greek history and culture after a successful
examination carried out under the responsibility of the
General Secretariat of Vocational Education , Training,
Lifelong Learning and Youth, in collaboration with the Greek
Language Center, in the framework of its competences for
the certification of Greek knowledge and f) a certificate of
Proficiency of
Knowledge for Citizenship (P.E.G.P.), issued in
accordance with article 7 of the Greek Citizenship Code [ n.
3284/2004 (A' 217)]. 2. Holders of a level A Greek language
certificate,
which has been issued in accordance with p.d. 363/1998
or A2, issued in accordance with p.d. 60/2010 (A' 98), it is
considered that they have sufficient knowledge of Greek
Issue A' 81/01.04.2023
language, history and culture in order to be subject to the
provisions of this Chapter, as long as they additionally
receive certification of sufficient knowledge of elements of
Greek history and culture, in accordance with the procedure
determined by the decision of par. 60 of article 176. 3. In
exams for the acquisition of the certificates
provided for in par. d', e' and f of par. 1 may be taken by
those citizens of third countries who reside legally in Greece.
4. For the participation in the examinations of par. 3, a fee is
paid by the interested party in favor
of the State. 5. This Chapter applies accordingly to
citizens of third countries or stateless persons who have
been
granted or are granted refugee status or subsidiary
protection status, in accordance with Law 4939/2022 (A' 111).
CHAPTER II
NATIONAL ARRANGEMENTS FOR LONG-
TERM RESIDENCE PERMITS
Article 161
Ten-year residence permit ("M.2" type
residence permit) 1. Third-
country nationals residing in the country are granted a ten-
year residence permit ("M.2" type residence permit), which
entitles them to full access in the labor market, if:
a) have completed ten years of legal residence in Greece
by virtue of a definitive residence permit on the date of
submission of the relevant application and meet the
conditions of paragraph d of paragraph 1 of article 5A of the
Greek Citizenship Code [law. 3284/2004 (A' 217)] or b) were
born in
Greece or have successfully completed six (6) grades of
a Greek school in Greece, before reaching the age of twenty-
three , or c) are adult citizens of third countries or stateless
persons who entered
Greece as unaccompanied minors and have successfully
completed at least three (3) grades of secondary education
of the Greek school in Greece before reaching the age of
twenty-three or d) are members of a Greek family, who
legally reside in country with the Greek by virtue of a
definitive residence permit for a continuous
period of five (5) years. 2. The ten-year license is granted
by decision of the Secretary of the Decentralized
Administration, following an application by the citizen of a
third country accompanied by the supporting documents
of paragraph 1 of article 176, as long as the applicant (a)
has full medical, pharmaceutical and hospital coverage care
and (b) has not been absent from the country for a period of
two (2) consecutive years.
3. The ten-year residence permit grants its holder the
rights of article 152 and according to
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
expiry of its validity is automatically converted into
a residence permit for a long-term resident
( residence permit type "M.1"), upon presentation
of the previous residence permit without further
justification , and if the periods of absence from the
country are shorter than six (6) consecutive months
and do not exceed a total of ten (10) months within
the last five years before its expiry . If the conditions
of the first paragraph are not met, the citizen of a
third country may request a change of category of
residence permit in accordance with the provisions
of article 12.
4. The ten-year residence permit is revoked, if the
holder has the reasons provided for in article 15.
PART I '
FREE MOVEMENT AND RESIDENCE IN
THE GREEK TERRITORY OF CITIZENS
OF THE EUROPEAN UNION AND
MEMBERS OF
THEIR FAMILIES (residence permit type "N")
Article
162 Residence permits for citizens of
the European Union and their family
members Citizens of the Union as well as their
family members, regardless of nationality, may be
granted a residence permit in accordance with the
specific provisions of p.d. 106/2007 (A' 135), on free
movement and residence in the Greek territory of
citizens of the European Union and their family
members.
PART I
RESIDENCE PERMITS FOR OTHER
REASONS (TYPE “I” RESIDENCE PERMITS)
Article
163 Other reasons for granting a
residence permit (type
"I" residence permits) The citizen of a third
country, who has received an income visa for one of
the reasons of this article, is granted
a corresponding residence permit. 1. Residence
permit to serve the public interest (residence permit
type "I.1"): By decision of the Minister of Immigration
and Asylum, a residence permit may be granted to
citizens of third countries, as long as there is a public institution in the country, which states the estimated
interest, especially in the fields of foreign policy ,
defense, public security, economy and development, and, in the case of an adult, and the necessity or
investment, education, culture. The relevant body
may provide an opinion on the matter. The above
residence permit (residence permit type "I.1") gives
the citizen of the third country the right to access the treatment. In the event that there is no sufficient
labor market. The residence permit is granted for a
period of up to three (3) years and may be renewed
for an equal period. The above citizens of a third
country may also be accompanied by their family
members, who are granted, upon their application, an individual
4201
residence permit, which expires at the same time as
the breadwinner's residence
permit. 2. Residence permits for (a) adults over
the age of twenty, children of members of the
diplomatic and administrative and technical staff of
a diplomatic mission if they live with their parents ,
(b) children of consular officers and special consular
officers serving in Greece, as well as (c) dependent
family members, members of the first degree of
consanguinity, members of the diplomatic and
administrative and technical staff of a diplomatic
mission, as well as consular officers and special
consular employees serving in Greece (residence
permit type "I.2" ). The residence permit is granted
by decision of the Secretary of the Decentralized
Administration for a period of time equal to the
service time of these persons.
3. Residence permits for workers as private
servants of members of diplomatic missions, in
accordance with paragraph h of article 1 of the
Vienna Convention of 1961 "On Diplomatic
Relations", which has been ratified with n.d. 503/1970
(A' 108), who are abroad and invited to Greece
(residence permit type "I.3"). The residence permit
is granted by decision of the Secretary of the
Decentralized Administration for a period of time
equal to the time that their relationship with the
member of the diplomatic mission lasts and does not
grant the right
of access to the labor market. 4. a. Residence
permit to receive medical - nursing and palliative
care (residence permit type "I.4"). By decision of
the Secretary of the relevant Decentralized
Administration, a residence permit (residence permit
type "I.4") may be granted to citizens of third
countries who enter the country with a national
entry visa, in order to provide them with medical -
nursing and palliative care. When it comes to a minor
child or an adult citizen who, due to the health
problem he/she is dealing with, needs an escort/s, a
residence permit may be granted to the minor's
parents or guardians and to the spouse or escort(s)
for the minor adult citizen of a third country, following their applicati
b. The granting of the national entry visa and
this residence permit requires:
wow the presentation of a certificate of acceptance
for hospitalization or treatment from a nursing
time and estimated cost of hospitalization treatment
not of accompanying
him in the country, bb. the existence of insurance
to cover the costs of hospitalization and medical
insurance to cover the costs of hospitalization and
medical care, it may be accepted to provide proof
of sufficient resources to deal with all the costs of
hospitalization and medical care on your own,
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4202 GOVERNMENT GAZETTE
BC. the proof of sufficient living resources, for the period of stay
in the country of himself and his companion(s), where required.
c. This residence permit does not
grant the right of access to any form of work, nor the possibility
of recourse to the country's insurance or welfare system. The
residence permit is annual and can be renewed for an equal
duration, as long as the same conditions are met and up to four
(4) years, at most. Changing the purpose of the present residence
permit is not permitted and the third country citizen, as well as his/
her companion(s), after the end of the treatment program, and in
any case before the expiration of the residence permit, must
depart from the country. 5. Residence permits for Canadian
citizens participating in the youth mobility program, based on the
Greece-Canada Agreement (Work and Holiday Visa) ratified by
Law 4091/2012 (A' 219) (residence permit type "I
.5”). The residence permit is granted by decision of the Minister
of Immigration and Asylum for a period of up to one (1) year and
is not subject to renewal.
6. Residence permits of foreign correspondents who have been
accredited by the General Secretariat of Hellenism Abroad and
Public Diplomacy of the Ministry of Foreign Affairs, or whose
accreditation process is in progress, provided they present to the
competent consular authority a certificate that they have been
accredited by the General Secretariat of Hellenism Abroad and
Public Diplomacy of the Ministry of Foreign Affairs (residence
permit referred to as "I.6"). The residence permit is granted by
decision of the Secretary of the Decentralized Administration and
is valid for three years or equal to the intended period of residence
in the country, if this is shorter, and is renewed every three years,
as long as the persons concerned continue to provide their
services. 7. a. Residence permit for studying or getting to know
the monastic life of Agios Reitas (residence permit type "I.7"),
upon application by the interested party to one of the twenty
Holy Monasteries of Mount Athos and recommendation of the
Holy Community, provided that:
ah. The hosting Holy Monastery confirms that it undertakes to
provide him with accommodation, food and other living expenses
and to insure him to cover the costs of hospitalization and full
medical care, ab. the hosting Holy Monastery of Mount Athos
transmits to
the competent department of the Decentralized Administration
the recommendation of the Holy Community with the above
request of the interested party. The residence permit is granted by
decision of the Secretary of the Decentralized
Administration, is valid for one (1) year, may be renewed each
time for an equal period of time and may not exceed a total of five
(5) years. b. Residence permit to learn about the solitary life -
monasticism (residence permit type "I.7"): Citizens of third
countries
who wish to learn about the solitary life
Issue A' 81/01.04.2023
or to monasticism, as long as a certificate from the Holy Monastery
or Hishystiriou and the consent of the local Metropolitan is
presented, that they have been accepted to know the monastic life
or to monasticism. The application for the grant of the residence
permit is accompanied by a corresponding certificate of
reimbursement of medical care costs . The residence permit
(residence permit type "I.7") is granted by decision of the
Secretary of the Decentralized Administration for one (1) year,
which can be renewed for an equal period.
8. Residence permits of citizens of third countries with sufficient
means of living (residence permit type "I.8")
a. By decision of the Secretary of the Decentralized
Administration, a residence permit is granted to citizens of a third
country, as long as the interested parties have sufficient resources,
at the level of a fixed annual income, to cover living expenses.
The residence permit has a duration of three (3) years and can be
renewed for an equal period of time. b. The above citizens of a
third country can also be
accompanied by their family members, who are granted, upon
their application, an individual residence permit that expires at the
same time as the dependent's residence permit. The condition of
sufficient means of living must be met either in the person of
each member of the family or cumulatively for all its members. c.
This permit does not grant the right to dependent work or
independent economic activity of any kind in Greece for both the
survivor and his/
her spouse or partner and his/her family members. d. Citizens
of third countries, who reside legally with a residence permit in our
country and receive a pension from a Greek public insurance
institution, regardless of the amount, can renew their permit as
citizens of third countries, with
sufficient means of living, without the assistance of the condition
of the sufficient resources of para. a' and b'.
PART IV
RESIDENCE PERMITS FOR REASONS FOR
INTERNATIONAL AND TEMPORARY
PROTECTION ("P" TYPE RESIDENCE PERMIT)
Article 164
Refugee residence permit
(residence permit type "P.1") To
a citizen of a third country or a stateless person, who is
recognized as a refugee, is granted by the competent Authority
for Receiving and Examining Applications for Provision of
International Protection of paragraph q' of article 1 of Law
4939/2022 (A' 111), subject to paragraph 3 of article 20 of the
same law, a three-year residence permit ( "P.1" type residence
permit). The permit is renewed by decision of the Head of the
Regional Asylum Office , following an application by the interested
party, which is submitted to the competent Authority for Receiving
and Examining Applications for the Provision of International
Protection of
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
of article 1 of Law 4939/2022, no later than thirty (30)
calendar days before its expiration.
Article 165
Residence permit of a beneficiary of
subsidiary
protection (residence permit
type "P.2") To a citizen of a third country or a stateless
person, who is recognized as a beneficiary of subsidiary
protection, is granted by the competent Authority for Receiving
and Examining Applications for Provision of International
Protection of the ' of article 1 of Law 4939/2022 (A' 111),
subject to paragraph 3 of article 20 of the same law, one (1)
year residence permit (residence permit type "P.2"). The
permit is renewed for two (2) more years, after a review , by
decision of the Head of the Regional Asylum Office following
an application by the interested party, which is submitted to
the competent Authority for Receiving and Examining
Applications for the Provision of International Protection of
paragraph q' of article 1 of Law 4939/2022, no later than thirty
(30) calendar days before its expiration.
Article 166
Temporary protection residence permit
(residence permit type "P.3")
To the beneficiaries of temporary protection, in accordance
with the provisions of articles 119 to 142 of Law 4939/2022
(A' 111) and for as long as they remain in this situation , a
residence permit is granted free of charge ("P.3" type
residence permit). This permit is issued by the locally
competent services of the Asylum Service. Persons admitted
to enter the country for the purpose of granting temporary
protection shall be given every necessary facility to obtain an
entry visa, including a transit visa. Visas are issued free of
charge.
PART III
RESIDENCE PERMITS FOR
GENEALOGIES (TYPE “Y” RESIDENCE PERMIT)
Article 167
Residence permit for citizens of third
countries, who held residence permits or alien
identity cards (residence
permit type "Y.1") 1. By decision
of the Secretary of the Decentralized Administration, a
residence permit is granted to citizens of third countries who
held residence permits or cards alien identity cards, which
had been issued by the Aliens Departments for residents in
the area of jurisdiction of the General Police Directorates of
Attica and Thessaloniki and by the Services that handle
matters of foreigners at the headquarters of the Police
Departments of the General Regional Police Directorates,
regardless of the date of issue them, as long as their
residence permits or alien identity cards have expired before
the date of submission of the relevant application and the
person concerned
4203
third country citizen continues to remain in Greece until this
date. 2. The application for granting the
residence permit is submitted in accordance with article 10
to the one-stop service of the competent Aliens and Immigration
Directorate of the Decentralized Administration of the
applicant's place of residence.
3. The residence permit, subject to assistance in the person
of the applicant for reasons of public order and security, is
issued with a validity period of one (1) year, provides access
to salaried work, the provision of services or work, as well as
to business activity and is renewed every two years, for the
same reason. The above residence permit can also be
renewed for one of the reasons herein, as long as the
corresponding conditions are met.
4. A residence permit is also granted to the spouses, direct
descendants and direct ascendants of the applicant, as long
as they reside in the Country. 5. A residence permit for family
reunification is granted to minors, in derogation of article
84. 6. To grant a residence permit to the beneficiaries of par.
1, 4 and
5, the person concerned or the family member must present
the supporting documents which are determined in the
decision of paragraph 1 of article 176. 7. A residence permit
in accordance with the provisions herein may be granted to a
foreigner who invokes expatriate status but does not hold
a previous residence permit from the competent police
authorities, as long as there is no possibility of his in the
regulatory framework for expatriates coming from Albania,
Turkey or countries of the former USSR, for which article 168
applies.
The above title is also granted to family members, as
defined in par. 4. For this
purpose, the interested party must provide all the required
supporting documents, except for the previous residence title.
For the beneficiaries of this category,
the homogenous status is proven by public documents
from Greek or foreign authorities, such as entries in municipal
registers or consular registers, as well as any other public
document that proves his Greek origin.
PART XI
HOMOGENEOUS PEOPLE FROM ALBANIA,
TURKEY AND THE FORMER USSR - STAY AND
WORK OF FAMILY MEMBERS OF RELATIVES
FROM COUNTRIES OF THE FORMER USSR
Article 168
Procedures for management - settlement of
expatriates from Albania, Turkey and countries of
the former
USSR. (residence permit type
"Y.2") 1. Expatriates coming from Albania and their family
members are granted
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4204 GOVERNMENT GAZETTE
from the Greek Police Services the residence documents
provided for in the joint decision of the Ministries of
Foreign Affairs, Finance, National Defence, Interior ,
Labour, Social Security and Welfare and Public Order
and Protection of the Citizen (B' 3043), as applicable
from time to time, for the stay and work of expatriates
from Albania. 2. Expats coming from Turkey and their
family members are granted
by the Greek Police Services the residence documents
provided for in no. 4000/3/84/13.1.2014 joint decision of
the Ministers of Foreign Affairs, Finance , National
Defence, Interior, Labour, Social Security and Welfare
and Public Order and Citizen Protection (B' 53), as
applicable from time to time, on the stay and work of
expatriates from Turkey. 3. Expatriates coming from
countries of the former Union of Soviet Socialist
Republics (USSR) are granted by the Hellenic Police
Services the residence documents provided for in
accordance with Article 1 of Law 2790/2000 (A' 24), par.
6 of article 76 of Law 2910/2001 (A' 131), the joint
decision of the Ministers of the Interior, Public
Administration and Decentralization , Foreign Affairs
under documents 4864/8/8-c/17.7.2000 of Economic,
Labor and Social Insurances, Public Order (B' 911), as
applicable from time to time, for the content and
procedure of granting a Special Identity Card to
expatriates of former USSR countries. and the under no.
9645/10/28.7.2009 joint decision of the Ministers of the
Interior, Deputy Minister of the Interior, Economy and
Finance, and Foreign Affairs (ÿ' 1555), as applicable
from time to time, on the conditions and procedure for
granting a Special Identity Card to expatriates residing
in Cyprus.
Article 169
Residence permit of citizens of third countries,
family members of expatriates from countries
of the
former USSR.
(residence permit Y.3) 1. To citizens of third
countries, family members of expatriates from countries
of the former USSR. a residence permit lasting five (5)
years is granted, which provides direct
access to the labor market. The present residence
permits are granted by decision of the Secretary of the
Decentralized Administration, they can be renewed,
each time, for an equal period of time and are not
subject to the payment of a fee. 2. Spouses of
expatriates, who are citizens of third countries , may
apply to be included in paragraph 1 of article 134, and
in the
residence permit category "A.1" due to: a. death of the
breadwinner, as long as the family members reside in
the country for at least one
(1) year before his death, b. issuing an irrevocable
decision of divorce or annulment of the marriage and if
the marriage lasted, until the date of filing the divorce action examination
Issue A' 81/01.04.2023
of marriage annulment, for at least three (3) years, of
which one (1) year has been spent in Greece, c.
assistance in particularly difficult situations, such as in
case the family member was the victim of domestic
violence, while the marriage existed. 3. In the above
cases, the right of residence of minor children follows
the fate of the right of residence of the parent, to whom
custody has been assigned.
PART IE
ORGANIZATIONAL PROVISIONS
Article 170
Competent services
1. Without prejudice to more specific provisions of
this Code, responsible for receiving and processing the
applications of citizens of third countries for the granting
or renewal of a residence permit, as well as for serving
them the decisions issued in continuation of the relevant
applications, are the Services of the Ministry of
Immigration and Asylum, as well as the Foreigners and
Immigration Services of the Decentralized
Administrations, under whose territorial jurisdiction they
fall.
2. The Aliens and Immigration services of the
Decentralized Administrations that have been designated
pursuant to the decisions provided for in par. 1 of article
2 of Law 4018/2011 (A' 215), as reception points, in
accordance with the decisions of the second paragraph
of par. 1 of article 2 of the same law, exercise, in addition
to their other responsibilities, as defined in the
Organizations of the relevant Decentralized
Administrations, the responsibility of welcoming and
serving citizens, nationals and foreigners, for the matters
of competence of the Aliens Directorates and Migration
of the Decentralized Administrations, such as: a. the
receipt
and processing of applications for the granting or
renewal of residence permits or other legal residence
documents applicable to the rest of the provisions herein
regarding the electronic submission of applications and
the communication of the services with the interested
parties,
b. the ex officio search for supporting documents
via an electronic interface, if such a possibility exists,
by third parties to complete the application files,
c. the issuance of residence permits, as well as
relevant rejection or revocation decisions,
d. the receipt and processing of employers '
applications for the recall of foreign labor force, e. the
provision of information regarding the procedures ,
supporting documents and conditions provided for by
the applicable legislation for the issuance or renewal of
a residence permit, as well as for the revocation of
foreign labor force,
f. providing information about the course
or the of the files and
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
g. the collection in favor of the State of fees and
charges. 3.
The competent services of the Ministry of Immigration
and Asylum and the Decentralized Administrations
inform electronically, through the integrated Information
System (IMS) "Immigration" of article 173, the competent
authorities of the Ministries of Foreign Affairs and
Citizen Protection of all the decisions they issue and
relate to requests for granting or renewing a residence
permit.
4. The competent services of the Ministry of
Immigration and Asylum and the Decentralized
Administrations , the police, port or airport authorities
and the control services of the Ministry of Labor and
Social Affairs are responsible for monitoring the
implementation of this, carrying out the required
controls and the confirmation of violations.
Article 171
Fees - Fines 1. The
application for the granting and renewal of residence
permits is accompanied by proof of payment of an
electronic fee, the amount of which, unless otherwise
specified for reasons of reciprocity, is defined as follows:
a. for the residence permits included in category "E"
of Part B' and in particular in the types of residence
permits "E.1" of Chapter B', "E.2" of Chapter C', "E.3"
of Chapter D ', "E.4" of Chapter E' of Part B', to one
hundred and fifty (150) euros and for the type of
residence permit "E.6" of Chapter G' of Part B', to
seventy five (75) euro, b. for the residence
permits included in category "O" of Part D' and in the
types of permits "O.1" and "O.2" of Chapter A', in one
hundred and fifty (150) euros and especially for the
granting of a three-year independent fee residence
permit type "O.2" for citizens of third countries who turn
twenty-one years of age in accordance with the first
paragraph of par. 5 of article 90, in four hundred and
fifty (450) euros,
c. for the residence permits included in category "B"
of Part E' and the types of residence permits "B.1",
"B.2", "B.3", "B.4" and "B.5" of Capital II, in two
thousand (2000) euros,
d. for the residence permits included in category "H"
of Part F' and the types of residence permits "H.1",
"H.3" and "H.4" of Chapter A, "H.5", " H.6", "H.8" and
"H.10" of Chapter B, in one hundred and fifty (150)
euros. For the types of residence permits "H.9" of
Chapter B, at one hundred and fifty (150) euros, except
for scholarships admitted to study at the schools and
special schools of the Armed Forces, the Security
Forces or the academies and schools of Merchant
Navy. For the types of residence permits "H.7" of
Chapter B' for participation in exchange programs within
the framework of transnational agreements, in
cooperation programs financed by the European Union
of paragraph 1 of article 130, "H.9" for
4205
study at the Athoniada Ecclesiastical Academy of Mount
Athos under par. 2 of article 132 and at schools of
education under par. 4 of the same article, as well as
"H.10" for obtaining a medical specialty under article
133, at one hundred and fifty (150) euros per year of
residence, e. for the residence permits included in
category "A" of Part G' and in the type of residence
permit type "A.6" of paragraph 5 of article 134, in three
hundred (300) euros,
f. for the residence permits included in category "M"
of Part I' and in the type of residence permit "M.1" of
Chapter A', in one hundred and fifty (150) euros, g. for
ten-year
residence permits, included in the category " M" of
Part I' and in the type of residence permit "M.2" of
paragraph a of paragraph 1 of article 161, in nine
hundred (900) euros and paragraph b of paragraph 1
of the same article, in three hundred (300) euros, h. for
the
residence permits included in category "I" of article
163 of Part IA' and in the types of residence permits
"I.1" of par. 1, "I.4" of par. 4 , "I.6" of par. 6 and "I.7" of
par. 7, in one hundred and fifty (150) euros. For
residence permit types "I.2" of par. 2 and "I.3" of par. 3
of article 163, at one hundred and fifty (150) euros per
year of residence. For the type of residence permit "I.8"
of paragraph 8 of article 163, in one thousand (1000)
euros, except for third country citizens who receive or
are entitled to a pension from a Greek primary insurance
institution, for whom it is set at one hundred and fifty
(150 ) euro. For the type of residence permit "I.5" of
par. 5 of article 163, in one hundred (100) euros,
i. for the residence permits included
in category "X" in one hundred and fifty (150) euros,
j. for the type of residence permit "Y.1" of article 167,
in one hundred and fifty (150)
euros, k. for the reissuance of a residence permit of
all categories with the exception of those exempted
from the obligation to pay a fee, in one hundred (100)
euros.
2. The following are not subject to the
payment of a fee: a) the holders of a ten-year
residence permit type "M.2" of article 161 who request
to be classified as a long-term resident ("single
residence permit
type "M.1"), b) those have been subject to the status
of long-term resident (residence permit type "M.1") and
request the renewal of the residence
permit, c) minor citizens of third
countries, d) those subject to the arrangements of the
agreement between the Hellenic Republic and the
Arab Republic of Egypt, ratified by the first article of
Law 1245/1982 (A' 45),
e) the citizens of third countries who fall under
category "O" of Part D' and the type of residence permit
"O.3", the family members of Greeks who are citizens
of third countries of par. 11 of article 93, as well as the
citizens of third countries falling under the category
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4206 GOVERNMENT GAZETTE Issue A' 81/01.04.2023

"M" and in the type of residence permit "M.2" of para. b. one (1) employee of the General Secretariat of Inhabitants
c' and d' of par. 1 of article of the Ministry of the Interior,
161, f) the citizens of third countries who fall under c. one (1) representative of Civil Society, proposed
category "A" of Part G', g) by the National Commission for Human Rights. An
the citizens of third countries who fall under category employee
"H" of Part F' and the type of residence permit "H.2" of the Ministry of Internal Affairs is appointed Secretary
and "H.7" for the scholars of par. 1 of article 130, immigration and asylum.
The duties of rapporteurs in the Immigration
h) the citizens of third countries who fall under Committees are exercised by employees of the
category "Y" and the type of residence permit "Y.3" of competent Department of the Ministry of Immigration
article 169. and Asylum who
3. The fines and fees provided for handle the relevant files. 2. In each prefecture of
are hereby collected in favor of the public. the decentralized administration, a three-member
4. The fees hereunder are collected through the Immigration Committee is established, which consists
electronic fee process. 5. The revenues of two (2) employees of the Aliens and Immigration
from the fees that accompany the applications for Service of the Decentralized Administration, one (1)
granting or renewing a residence permit in accordance of whom is its head, who presides , and by one (1)
with the provisions of this Code are shown and person from the police authority. In the Decentralized
monitored in special Revenue Code Numbers (KAE) of Administration of Attica, one (1) Committee is
the state budget . Seventy-five percent (75%) of the established for each competent department. By
decision of the Secretary of the Decentralized
income is registered in the budget of the General Administration, the Committee is established and its
Secretariat of Immigration Policy of the Ministry of regular and substitute members are appointed, the
Immigration and Asylum. These credits can be used secretary and his deputy, as well as the rapporteur ,
for: a. the payment of the without the right to vote, together with his deputy. The
rents of the buildings, rapporteur and the
secretary are employees of the competent agency.
where the one-stop services are housed, By decisions of the Secretaries of the Decentralized
b. purchase, lease, repair and maintenance Administrations of Attica and Macedonia and Thrace,
use of any kind of logistic equipment, c. respectively, up to two (2) additional Immigration
operating expenses, Committees may be established in each competent
d. the financing of social integration actions of legal department of the Decentralized Administration of
immigrants, which are assigned, in accordance with Attica and in the Prefecture of Thessaloniki of the
the current legislation, by municipalities in the context Decentralized Administration of Macedonia and
of local social integration plans that have been included Thrace , since this is required for the fastest processing
in the National Strategy for social integration, of their work. The formation of the Committees in each
e. the treatment of costs for the recruitment of staff prefecture of Decentralized Administration can also be
with a fixed-term contract by the competent services done with its employees who serve in any service of
of the above entities, in accordance with Law 3812/2009 the same
(A' 234) and the applicable relevant legislation, f. the prefecture, as long as the staff of the corresponding
purchase competent service is not sufficient. 3. The Immigration
of security equipment or the lease Committees give opinions on every matter referred to
related services and them and concerning the granting or renewal of
g. the financing of the execution of the program residence
contracts concluded in accordance with par. 5 of article permits that fall under the competence
2 of Law 4018/2011 (A' 215). of the Ministry of Immigration and Asylum. In
particular, they provide opinions on: a. cases of
Article 172 marriages, registered cohabitation,
Immigration Committees adoption or recognition of a minor citizen child that
1. Three (3) Immigration Committees are established involve evidence of abuse, b. the assistance of
in the Ministry of Immigration and Asylum , which are reasons of public
established by decision of the Minister of Immigration order and ensures in the person of an interested
and Asylum with their deputies. With a similar decision, party who proves ties to the country, c. the investigation
additional Committees may be established, as long as of the existence of a temporary or permanent objective
this is required for the faster processing of citizens' inability to present a passport. When examining the
cases. The Committees consist elements of the file, the
of: a. one (1) employee of the Committee obligatorily takes into account the degree
Ministry of Immigration of integration of the interested party in the country, d.
and Asylou, who is designated as President, other special cases that need a personalized approach, which are referr
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
Article 173
Unified IT system - Maintenance of
register
1. The Ministry of Immigration and Asylum operates
an Integrated IT System (OPS "Immigration") accessible
through the Unified Digital Portal of the Public
Administration (gov.gr E.P.S.P .) registration and
processing of data concerning the granting, renewal
and revocation of residence permits and return decisions
of third country citizens residing in Greece. 2. The
competent bodies of the Ministries of
Education and Religious Affairs and Health must keep
statistics of legally resident citizens of third countries,
asylum seekers and illegally present citizens of third
countries who make use of their services.
PART IX
FINAL, AUTHORIZING, TRANSITIONAL AND
REPEAL PROVISIONS
Article 174
Competence to issue individual administrative
acts
Where this law provides for the issuance of individual
administrative acts and the conditions for applying
article 109 of Law 4622/2019 (A' 133) are met, the final
signature authority is determined in accordance with
this article .
Article 175
Social integration - Supervision of
implementation 1. The policy of social integration
aims at the smooth adaptation of citizens of third
countries to Greek society and the recognition by Greek
society of the possibility of equal participation in the
economic, social and cultural life of the country. Citizens
of third countries, during the process of their integration
into Greek society, acquire rights and obligations, just
like Greek citizens. Their basic obligation is to respect
the legal order and the fundamental values of Greek
society. 2. Integration policies and the actions included
in them
apply to all legally resident third-country nationals and
their family members in the context of family reunification
arrangements. They also apply to the children of
migrants , beneficiaries of international protection and
their family members. 3. The national integration
strategy is based on four (4) pillars: a) pre-integration of
applicants for international
protection, b) social integration of beneficiaries of
international
protection, c) prevention and effective protection from
all forms of violence, exploitation and abuse, and d)
in monitoring integration.
4207
4. Competent for the monitoring and evaluation of
the implementation of this Code, for the coordination of
the competent bodies and for the representation of the
country at the European and international level, for any
matter related to the entry and residence of citizens of
third countries in Greek territory, as well as their social
inclusion, is the Ministry of Immigration and Asylum.
Article 176
Authorizing provisions
1. By joint decision of the Ministers of Immigration
and Asylum and Foreign Affairs, the special supporting
documents per category of national visa and the
supporting documents required for the issuance of the
corresponding residence permits of this Code are determined.
2. By joint decision of the Ministers of Immigration and
Asylum, Foreign Affairs and the relevant Ministers as
the case may be, other categories of national visas and
residence permits for citizens of third countries may be
determined, as well as the more specific conditions, the
procedure and the type of the national visa .
3. By joint decision of the Ministers of Citizen
Protection, Finance, Foreign Affairs, National Defence,
Interior, Immigration and Asylum, Infrastructure and
Transport and Maritime and Island Policy, the airports,
ports and land points at the country's borders may be
redefined , through of which the entry of persons into
and exit from Greek territory is permitted, as well as the
content of each form of control, the control bodies and
the process of implementing judicial decisions and
administrative acts related to the entry and exit of
persons from the Country of par. 1 of article 5. Entry
and exit outside the border crossing points may be
permitted on a case-by-case basis, for exceptional
reasons, by a joint decision of the Ministers of Citizen
Protection and Finance , which also determines the
manner of carrying out the control. 4. By joint decision
of the Ministers of Citizen Protection, Finance, Interior,
Immigration and Asylum and Shipping and Island
Policy, it is possible, for reasons of public interest, to
determine temporary crossing points for persons at the
borders of the country, provided that the necessary
conditions for the exercise of traffic control of passing
persons. The hours and total time of operation of these
points are determined based on the particular conditions
that require their operation, and do not exceed eight (8)
months, unless exceptional reasons require their
operation for a longer period. 5. By a joint decision of
the Ministers of Foreign Affairs, Finance and Citizen
Protection, the amount of the required foreign exchange
is determined for each day of residence of the citizen
of a third country in Greece for the purposes of article
7. With a similar decision, it is possible to adjust the
exchange rate of the first of territory.
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4208 GOVERNMENT GAZETTE
6. By joint decision of the Ministers of Foreign Affairs,
Finance, Development and Investments, Citizen
Protection and Digital Governance, the type and content
of the invitation form of par. 8 of article 7 are determined,
as well as the sanctions related to the exclusion of the
applicant or of the inviter from the invitation granting
process
sence.
7. By joint decision of the Ministers of Foreign Affairs
and Finance, it is possible to vary the consular fees
depending on the states in which the consular
authorities and consular offices are based for the
implementation of article 7.
8. By decision of the Minister of Foreign Affairs, the
general supporting documents and the process of
issuing long-term entry visas.
9. By joint decision of the Ministers of Citizen
Protection, Foreign Affairs, and Immigration and
Asylum, the documents with which the citizens of third
countries who lack travel documents and it is not
possible to provide them in time by the diplomatic
authorities of the country must be provided them for
the implementation of article 8.
10. By a joint decision of the Ministers of Labor and
Social Affairs, Health and Immigration and Asylum, the
set of risks that must be covered, by analogy with
nationals, in order to have full health insurance third-
country citizens who can be insured in private insurance
agencies for the implementation of article 8. 11. By
decision of the Minister of Health, the reasons that
constitute a
threat to public health, as well as infectious,
contagious or parasitic diseases, which require
measures to be taken to protect public health for the
application of article 8. 12. By decision of the Minister
of Immigration and Asylum, issues concerning the
type, content and procedure of submitting applications,
the type and content of the proof of submission of the
application and the certificate of application submission
of articles 10 are determined and 11, the procedure
for issuing residence permits to the beneficiaries of
article 17, as well as any other relevant matter.
13. By joint decision of the Ministers of Finance and
Immigration and Asylum, the amount of the fee, which
is paid by the citizen of a third country when submitting
the application for the granting or renewal of a residence
permit under Articles 10 and 11, is determined, and
which corresponds to the cost procurement, printing ,
safe handling and management of the residence permit
in the form of an independent document, as well as the
details of its collection and display in the state budget
revenues and any other related expenditure. 14. By
decision of the
Minister of Immigration and Asylum, the period of
validity of the application submission certificates of
articles 10 and 11 may be redefined.
Issue A' 81/01.04.2023
15. By a joint decision of the Ministers of Immigration
and Asylum, Finance, Labor and Social Affairs and
Digital Governance, issues concerning the provision of
Tax Registration Number (A.F.M) and Social Security
Number (AMKA) to citizens are determined of third
countries applying for a residence permit through the
functionality of information systems, as well as any
other relevant issue.
16. By decision of the Minister of Immigration and
Asylum, the method of communication of third-country
citizens with the competent services may be redefined
for matters such as the submission of an application
for the granting or renewal of a residence permit, the
submission of additional supporting documents or the
monitoring of the course of the file either for specific
types of residence permits or reception services or as
a whole, in accordance with the regulations in force
on e- government and the available, as the case may
be, technical possibilities. With a similar decision, the
time for the presentation of the original supporting
documents, where they are required, can be determined,
as well as the document submission procedure can be
modified and any other related issue can be regulated.
17. By joint decision of the Ministers of Immigration
and Asylum, Health, Citizen Protection and Interior,
mobile biometric data collection teams provided for in
article 14 may be set up , exclusively for cases where
the third country citizen is unable to appear in person
before the competent authority for obtaining the service
biometric data, due to permanent physical disability or
long- term illness and any other relevant matter is
determined. With a similar decision, the validity of
residence permits and residence and permanent
residence cards , issued pursuant to this Code, may be
extended, as well as a deadline for the submission of
the application for granting or renewing them and any
other relevant detail.
18. By a joint decision of the Ministers of Immigration
and Asylum, Foreign Affairs and Citizen Protection, the
elements, indications and information included in the
single- type residence permit for third-country nationals
referred to in article 14 are determined, and the
elements, indications are specified and the information
for national use included in the above permits, subject
to paragraph 3 of article 14. 19. By joint decision of the
Ministers of Immigration and Asylum, Foreign
Affairs, Citizen Protection and Interior, following the
opinion of the Data Protection Authority Of a Personal
Nature, the details of the process of taking fingerprints
and the control of these data are determined in
accordance with par. 6 of article 14 by external
providers and any related issue. 20. By joint decision
of the Ministers of Immigration and Asylum,
Citizen Protection and Interior, appropriately trained
personnel of the Greek Police and the Coast Guard
can be made available-
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4209

- of the Hellenic Coast Guard to the competent to regulate issues of optional teaching of the mother
services of the Ministry of Immigration and Asylum tongue and culture where there is a sufficient number
and the Decentralized Administrations for the taking of students who are interested, in the context of the
of fingerprints, the training of the employees of the supporting actions of the Ministry of Education and
Ministry of Immigration and Asylum and the relevant Religion, and to determine the working relationship
Decentralized Administration and the control of the and qualifications of the teachers who will teach the
response of the fingerprints to the specifications mother tongue and the culture elements of their
defined by Regulation (EC) 1030/2002, for the country of origin. 26. By a
purposes of paragraph 4 of article 14. joint decision of the Ministers of Immigration and
21. By decision of the Minister of Immigration and Asylum, Finance and the competent Minister as the
Asylum, appropriately trained staff of the Ministry of case may be, the competent body and the procedure
Immigration and Asylum may be allocated to the for certifying the fines of paragraph 1 of article 20
agencies or external providers, to whom has been and paragraph 1 of article 11 are determined.
assigned the responsibility of taking fingerprints and 27. By joint decision of the Ministers of Labor and
the control of these data to the specifications defined Social Affairs, Finance, Health, Citizen Protection,
by Regulation (EC) 1030/2002 with the decision of Interior and Immigration and Asylum, the health and
par. 19 on the taking of fingerprints, the training of safety specifications of the accommodation provided
the employees of the organization or the provider and to the seasonal worker of the second paragraph of
the control of the response of the fingerprints to the paragraph 8 of the article are determined 23, the
specifications defined by the above Regulation. competent body and the control procedure, the
sanctioning procedure, as well as any other matter
22. By a joint decision of the Ministers of Immigration related to the application of par. 8
and Asylum, Citizen Protection and Justice, issued of article 23. 28. By decision of the Minister of
following the opinion of the Personal Data Protection Protection of the City, the details of the arrival or
Authority, the procedure for receiving, maintaining status reports are determined of passengers who are
and destroying biometric data, as well as any other citizens of third countries of par. 5 of article 25.
issue related to the application of paragraphs 8 and 29. By joint decision of the Ministers of Immigration
11 of article 14. and Asylum, Development and Investments, Labor
23. By joint decision of the Ministers of Immigration and Social Affairs and Rural Development and Food,
and Asylum, Interior and Finance , a public body may the supporting documents of paragraph 1 of article
be entrusted with the printing of the residence permits 27 may be determined .
of citizens of third countries, in the form of the self- 30. By a joint decision of the Ministers of Labor and
contained document of paragraph 1 of article 14, Social Affairs and Immigration and Asylum, the index
issued by the Directorate of Residence Permits of for calculating the minimum wage limit of paragraph
the Ministry of Immigration and Asylum and the Aliens a of paragraph 1 of article 31 may be redefined,
and Immigration services of the Decentralized between 1 and 1.6 of the amount of average gross
Administrations of the Country. With a similar annual salary in Greece, after consultation with the
decision , the security specifications of the above social partners, taking into account the circumstances
forms are determined, pursuant to Regulation (EC) of the Greek labor market. 31. By joint decision of the
1030/2002, as well as issues related to the supply of Ministers of Labor and Social Affairs and Immigration
forms and other necessary material, the printing and Asylum, occupations in which there is a
process, their transmission from and to the competent particular need for workers from third countries and
services, as well as any other relevant matter. which are included in classes 1 and 2 of the
24. By joint decision of the Ministers of Citizen International Standard Classification of Occupations
Protection, Foreign Affairs, National Defence, Interior may be determined
and Immigration and Asylum, the residence or (ISCO) and for which a lower minimum wage may be
establishment of citizens of third countries legally determined and applied, which is at least eighty
residing in the country in certain geographical areas percent (80%) of the minimum wage of paragraph a
may be prohibited, for reasons of public interest , for of paragraph 1 of article 31 as applicable from time
the purposes of paragraph 1 of article 18. to time, provided that this does not fall short of the
25. By decision of the Minister of Education and average gross annual salary in Greece. 32. By joint
Religion, the terms and conditions for the recognition decision of the Ministers of
of primary and secondary education qualifications Labor and Social Affairs and Immigration and
obtained in the country of origin and the conditions Asylum and if they are citizens of third countries who
for classification in levels of the Greek education hold a higher education qualification , which they
system, as well as for the enrollment of students in have obtained in a period of time not longer than
public schools, may be determined . who are citizens three (3) years before the submission of the
of third countries, for the purposes of par. 9 of article application for the granting of the "Blue
18. By a similar decision, it may
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4210 GOVERNMENT GAZETTE
EU Card", a lower minimum salary limit may be
determined and applied which is at least eighty
percent (80%) of the minimum salary limit of
paragraph a of paragraph 1 of article 31 as applicable
from time to time, under the provided that this does
not fall short of the average gross annual salary in
Greece. In this case, during the renewal of the "EU
Blue Card", which has been issued during the three
(3) year period, the minimum salary determined by
the decision of paragraph a of paragraph 1 of Article
31 continues to apply, as long as: a) the initial time
period of three (3) years has not elapsed or b) the
time period of twenty-four (24) months after the first
issuance of the "EU Blue Card" has not passed. 33.
By joint decision of the Ministers of
Labor and Social Affairs and Immigration and
Asylum, it is possible to establish a procedure for
identifying employers referred to in Article 38, for
whom it is possible to apply a simplified procedure for
recalling and granting the "EU Blue Card" to citizens
of third countries their employees. The same or a
similar decision shall determine the terms of
transparency and information of the employers
concerned, the terms and criteria of recognition, the
period of validity of the recognition, the consequences
of non-compliance of the recognized employers with
the terms of recognition, including the possible
revocation or non-compliance renewal of recognition,
as well as possible penalties and possible fees for
employers.
34. By a joint decision of the Ministers of Labor and
Social Affairs and Immigration and Asylum, the
monitoring, assessment and control process for the
prevention of possible abuses of Chapter B' of Part
B' by employers, the sanctions, the procedure for
imposing them and any other relevant are defined
matter for the application of article 39.
35. By joint decision of the Ministers of Immigration
and Asylum, Education and Religious Affairs, Labor
and Social Affairs and Health , the conditions and
criteria are determined, upon fulfillment of which
holders of residence permits for the reasons provided
for in Chapter A' of Part V' may be subject to the
provisions of Chapter B' of Part B', in accordance
with par. 2 of article 52.
36. By joint decision of the Ministers of Immigration
and Asylum, Development and Investments, Foreign
Affairs, Labor and Social Affairs and Maritime and
Island Policy, it is possible to determine the maximum
number of positions for skilled workers and trainee
workers, as well as any other relevant implementation
details of of article 54. 37. By joint decision of the
Minister of Immigration and Asylum and the
relevant Minister, as the case may be, specific matters
for the submission of applications, the operation of
the electronic application process and access to the
application data, as well as any necessary detail may
be regulated for the implementation of article 63.
Issue A' 81/01.04.2023
38. By joint decision of the Ministers of Immigration
and Asylum, Labor and Social Affairs and Rural
Development and Food , the supporting documents
of par. 4 of article 63 may be revised. 39. By joint
decision of the Ministers of Immigration and Asylum,
Finance and Citizen Protection the amount of the cost
of the re-promotion and any form of reimbursement
expenses referred to in article 63 is determined, as
well as the procedure for returning the amount of the
relevant letter of guarantee in case of forfeiture in
favor of the State, by the relevant credit institution or
the Deposit and Loan Fund to the state budget. 40.
By a joint
decision of the Minister of Immigration and Asylum
and the relevant Minister as the case may be, the
supporting documents, as well as any other matter
for the application of article 66, are determined.
41. By decision of the Minister of Immigration and
Asylum, the conditions for granting residence permits
of article 66 without the requirement of a previous
national visa may be determined , in accordance
with this Code. 42. By a joint
decision of the Ministers of Immigration and Asylum,
Finance and Labor and Social Affairs, the procedure
for determining the required income for the needs of
paragraph b of paragraph 2 of article 84 and paragraph
a of paragraph 1 is defined of article 144, as well as
its amendment, the method of proof and any other
relevant issue for the application of the above
provisions.
43. By joint decision of the Ministers of Immigration
and Asylum and Foreign Affairs, the required
supporting documents, the procedure for granting
national entry visas and every other relevant detail
regarding the family reunification of beneficiaries of
international protection are determined , in accordance
with articles 83 to 93.
44. By a joint decision of the Ministers of
Development and Investment and Immigration and
Asylum, the procedure and the deadline for submitting
an application for the new residence permit of the
investor and his family members, the supporting
documents and the way of monitoring compliance
with the terms and conditions are determined
regarding the new investment, as well as any other
issue related to the application of paragraph 4 of article 94.
45. By joint decision of the Ministers of Development
and Investments, Foreign Affairs and Immigration and
Asylum, the required minimum amount of investment
and other characteristics of the investment, as well
as any other relevant matter for the application of
article 97, may be adjusted .
46. By joint decision of the Ministers of Development
and Investments, Foreign Affairs and Immigration and
Asylum: (a) the amount and percentage of participation
in the capital of the company provided for in paragraph
a of paragraph 1 of article 98 may be adjusted , as
and the amount of assets or turnover of the last
closed management period
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4211

b) of paragraph 1 of the same article and to regulate 51. Where in the provisions herein and in the
any other issue for the application of the above relevant regulations the provision of sufficient
provisions, (b) the required minimum amount of resources is provided as a condition, the amount of
investment may be adjusted to be included in article these, their adjustment and the method of proof are
98, as well as to regulate every another matter determined by a joint decision of the Ministers of
related to its application, (c) additional characteristics Immigration and Asylum, Finance and Labor and
of the investment may be defined as a condition for Social
inclusion in article 98, (d) cases concerning the Affairs . 52. Especially for the purposes of
participation may be added to the investment paragraph c of paragraph 1 of article 110, the
categories of paragraph 1 of article 99 in other forms amount of sufficient resources may be adjusted by
of Alternative Investment Organizations, (e) the joint decision of the Ministers of Finance,
number of third country citizens of the first paragraph Development and
of par. 2 of article 99 is determined in relation to the Investments and Immigration and Asylum. 53. By
amount of the investment, which cannot be lower joint decision of the Ministers of Development and
than twice the minimum amount that defined as the Investment, Foreign Affairs, Labor and Social Affairs,
case may be in par. 1 of the same article , (f) the Immigration and Asylum and Tourism issued during
website on which the lists of par. 3 of the same the last quarter of every second year, the maximum
article are posted, and (g) the content of the entry number of positions for third country citizens who
application and the supporting documents of par. 4 have obtained a higher education degree may be
of same article. determined within the two (2) years preceding the
47. By joint decision of the Ministers of Development date of the application for admission to work, in
and Investments and Immigration and Asylum, the accordance with the provisions for the practice of
procedure and the deadline for submitting an article 114, with a dependent work relationship to
application for the new residence permit of the gain experience in a professional environment, per
investor and his family members, the supporting Region, as well as each other
documents and the way of monitoring compliance detail about its application. 54. a. By joint decision
with the conditions and of the conditions regarding of the Ministers of Finance, Foreign Affairs, Education
the new investment, as well as any other issue and Religion, Labor and Social Affairs, Immigration
related to the and Asylum and Tourism, additional elements may
application of paragraph 8 of article 99. 48. By be determined, in addition to those defined in
joint decision of the Ministers of Finance, Justice subsection (ga) to (zst) of paragraph g' of paragraph
and Immigration and Asylum, the type and content 1 of article 114, related to the implementation of
of the certification of the 6 of article 100, as well as internships in approved institutions
any hosting internships. b. With the same decision,
other relevant matter. 49. By a joint decision of the with regard to practical training in tourist companies,
Ministers of Development and Investments, Finance the type of tourist companies in which third-country
and Immigration and Asylum, the amount of the citizens are placed, as well as their percentage of
immovable property referred to in article 100 may be the total number of practical trainees per company,
adjusted , as well as lists of areas of the Territory, as determined in national legislation, as well as any
with a minimum duration of five years, for which it other detail. c. With the same decision, the competent
may be valid for taxation in terms of the amount of Greek
the investment referred to in paragraph 2 of the authorities may provide for sanctions against
same article, taking into account factors such as hosting organizations that do not comply with the
development targeting, tourism development, obligations arising from Chapter A' of Part F'. Those
geographical location, as well as the commercial or sanctions must be effective, proportionate and
objective values of the properties located in these dissuasive. 55. By a joint decision of the Ministers of
areas and to regulate each Education
other detail for the application of the above and Religious Affairs, Labor and Social Affairs and
provisions. 50. By joint decision of the Ministers of Immigration and Asylum, the method of proof, the
Education and Religious Affairs, Finance, Foreign required supporting documents, as well as any
Affairs, Labor and Social Affairs, Immigration and details of the application of paragraph 8 of article
Asylum and Tourism , the procedure for approving 119 are determined . 56. By a joint decision of the
the institution hosting interns , which includes the
conditions and criteria, is determined for the purposes Ministers of Education and of Religious Affairs and
of article 102 of the approval, its duration, the Immigration and Asylum issues related to the
consequences of non-compliance, including the implementation of article 126 are regulated, in
possible revocation and non-renewal of the operator's particular with regard to the content of the convention
approval, as well as any sanctions imposed. Such on the procedure for the rapid granting of residence
sanctions must be effective, proportionate and dissuasive. permits to citizens of third countries, who have been accepted to
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4212 GOVERNMENT GAZETTE Issue A' 81/01.04.2023

attend AEI study programs, as well as any other issues for the issuance of the above residence
relevant procedural issue. 57. By permits, as well as issues related to the examination
decision of the Minister of Education and Religion , of pending requests.
following the opinion of the competent service of the 64. By decision of the Minister of Immigration and
General Secretariat of Vocational Education, Asylum and of the competent Minister as the case
Training , Lifelong Learning and Youth, the terms, may be, issues relating to the way of carrying out
conditions and certificates of proof of language controls and the procedure for certifying violations
proficiency, where required for approval, are of par. 4 of article 170 may be regulated . 65. By
determined study of paragraph a' of paragraph 1 of article joint128.decision of the Ministers of Immigration and
58. By joint decision of the Ministers of Foreign Asylum, Finance, Foreign Affairs and Citizen
Affairs, Citizen Protection and Education and Protection, the fines and fees of article 171 may be
Religious Affairs, languages other than Greek may adjusted.
be included in par. 5 of article 132 for independent 66. By a joint decision of the Ministers of Foreign
study at a college or related body belonging to a Affairs, Finance and Immigration and Asylum, the
Greek Higher Education Institution. amount of the fee that is required to be paid by
59. By decision of the Minister of Immigration and those subject to the arrangements of the Agreement
Asylum, the documents of a certain date that prove between the Hellenic Republic and Canada may be
the applicant's seven-year continuous stay in the redefined, in accordance with the last paragraph of
country, the data documenting the parental paragraph h of
relationship, as well as any other detail for the paragraph 1 of article 171. 67. By decision of the
application of paragraph 5 of article Minister of Immigration and Asylum, the percentage
134, are determined. 60 By a joint decision of the of par. 5 of article 171 is distributed to ministries,
Ministers of Education and Religion, Finance and decentralized administrations, N.P.D.D. and first and
Immigration and Asylum, the procedure for obtaining second grade local government organizations that
the special certificate of sufficient knowledge of the manage issues of immigration policy, reception and
Greek language and elements of Greek history and social integration of immigrants and beneficiaries of
culture of paragraph e' of paragraph 1 of article 160 international protection. With a similar decision it is
from the Government is regulated Secretariat of possible to allocate amounts from the above
Vocational Education, Training , Lifelong Learning percentage to ministries, decentralized administrations,
and Youth (GGEEKDVMN), as well as the certification N.P.D.D. and first- and second-degree local self-
by the GGEEKDVMN of sufficient knowledge of government organizations to deal with emergency
elements of Greek history and culture for holders of needs arising from the entry and reception of
an A or A2 level Greek learning certificate, as well citizens of third countries. These credits can be used
as to meet any related
any other relevant subject. 61. By joint decision of expenses to meet these needs. 68. By joint
the Ministers of Education and Religious Affairs and decision of the Ministers of Immigration and Asylum,
Immigration and Asylum, citizens of third countries Finance, Foreign Affairs and Citizen Protection,
who have successfully completed following special following the opinion of the Personal Data Protection
programs for learning the Greek language may be Authority, the personal data of third country citizens
exempted from the examination process for living in Greece, which can be collected, stored and
obtaining the certificates of par. 1 of article 160 processed by the competent services of the Ministry
language and acquiring knowledge of elements of of Immigration and Asylum, the services of the
Greek history and culture , especially in the context Decentralized Administrations, as well as competent
of integration programs aimed at citizens of third Ministries, in order to keep a register of third country
countries who are holders of long-term residence citizens, for the implementation of article 173. The
permits. With the same decision, every other issue same decision defines the procedures and collection
related to the organization and content of special bodies , maintenance and processing of these data,
programs for learning the Greek language and the conditions for their notification to the entitled
acquiring knowledge of elements of Greek history natural persons, to whom they concern, as well as
and culture the procedure and conditions for linking files. 69. By
is determined. 62. By joint decision of the Ministers joint decision
of Education and Religion and Finance, the amount of the Ministers of Immigration and Asylum and
of the parabola of par. 4 of article 160 is determined. Foreign Affairs , the method of communication and
63. By decision of the Minister of Immigration and sending of the necessary documents and supporting
Asylum, the competent authorities of par. 1 of article documents for the issuance of visas and residence
170 for the issuance of residence permits for citizens permits of this Code may be determined between
of third countries granted in accordance with the the consular authorities and the competent services
provisions herein may be redefined . With the same for the issuance of the residence permits and any
decision, the details, in particular the issue, are defined related matter.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE
Article
177 Transitional
provisions 1. The residence permits granted in
accordance with article 7 of Law 4251/2014 (A' 80)
and the types of residence permits provided for in
the authorized joint decisions of paragraphs 1, 9 and
10 of article 136 of Law 4251/2014 and are in force
upon the entry into force of this, shall remain in force
until their expiry date. After their expiration and within
a period of one (1) month, residence permits are
renewed in accordance with the conditions herein. If
the category
of residence permit does not exist here , the citizens
of third countries may apply for a change in the
category of residence permit, in accordance with the
provisions of article 12 or apply for a residence
permit type "M.2" of article 161, as long as they meet
the conditions of the present.
2. Applications for granting or renewing a residence
permit that are pending at the entry into force of this,
being examined, in accordance with the provisions in
force on the date of submission of the
application. 3. Permanent residence permits are
automatically converted into ten-year residence
permits of par. 1 of article 161 when they are reissued.
In order to obtain the ten-year residence permit ,
according to this, no fee is required.
4. Subject to paragraph 3 of article 144, residence
permits issued in accordance with paragraph 2 of
article 91 of Law 3386/2005 (A' 212) and paragraph
1 of article 138 of Law 4251 /2014, as well as those
issued in accordance with paragraph 1 of article 161
hereof, are automatically subject to the status of long-
term resident upon their renewal. In order to obtain
the residence permit, according to this, no fee is
required . 5. The residence permits of category A2
under no.
30825/4.6.2014 (ÿ' 1528) of a joint decision of the
Ministers of the Interior and Foreign Affairs and
which are in force at the time of entry into force hereof
shall remain in force until their expiry date. After their
expiration and within a period of one
(1) month, if there is a corresponding category of
residence permit, the residence permits of the first
paragraph are renewed for the same reason, in
accordance with the conditions herein. Category
A2.1 residence permit holders, after the expiry of
their residence permit, fall under category "E" and
permit types "E.1", "E.2", "E.3" depending on their
professional status ", or in category "B" and type
"B.3" respectively.
Category A2.2 residence permit holders, after the
expiry of their residence permit, fall under category
"E" and type "E.4". Residence
permit holders of categories A2.3, A2.4, A2.5, A2.6,
A2.7, A2.10, A2.11 and A2.12, belong to category
"E" and type "E3" .
4213
6. The residence permits of category A3 under no.
30825/4.6.2014 of joint ministerial decision and which
are in force when this Code comes into force, remain
in force until their expiry date. After their expiration
and within
a period of one (1) month, if there is a corresponding
category of residence permit, they are renewed for
the same reason, in accordance with the conditions
herein. Residence permit
holders of categories A3.1 and A3.3 fall under
category "B" and types "B1" and "B2".
Holders of residence permits A3.2 and A3.4 fall
under category "E" and type "E3" after the expiration
of their residence permit.
7. Holders of a residence permit to study at the
Schools and Special Schools of the Armed Forces,
the Security Forces or the Academies and Schools
of the Merchant Navy, at Training Schools for
operators , engineers and cabin crew members , in
Athoniada Ecclesiastical Academy of Mount Athos,
in musical educational institutions, for learning the
Greek language in a Teaching Center or a related
institution of a Higher Educational Institution or
Military and Production Schools after the expiry of
their residence permit are subject to the residence
permit type "H.9" of the article 132. 8. The residence
permits
that have been granted in accordance with para.
F4 of article 1 of no. 30825/2014 of joint ministerial
decision, remain in force until their expiry date. After
the above date, the holders of residence permits may
request a change of residence permit category in
accordance with the provisions of article 12 or
request a residence permit type "M.2" of article 161.
9. The residence permits granted in
accordance with paragraphs b', c' and e' of
paragraph 1 and paragraphs c' and e' of paragraph 2
of article 19 A of Law 4251/2014, remain in force until
their expiration date. Further, renewal is carried out
in accordance with paragraph 1 of article 134. The
citizens of third countries in question are granted a
residence permit type "A.1" of article
134. 10. Residence permits for independent
economic activity that are in force at the time of entry
into force of this Code, are renewed for three (3)
years each
time, provided that: a. the activity is still carried
on and b. the tax and insurance obligations have
been met, i.e. the minimum number of daily wages
or the minimum period of insurance per year and
insurance provider.
11. The advance payment deadline of Article 92
of Law 5007/2022 (A' 241) is extended until July 31,
2023.
12. The deadline for submitting applications of
paragraph 1 of article sixteen of Law 4783/2021 (A'
38) is extended until December 31, 2023.
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4214 GOVERNMENT GAZETTE Issue A' 81/01.04.2023

Article 178
Repealed provisions
Articles 1 to 138 of Law 4251/2014 (A' 80) are repealed from the entry into force of this.
PART IZ

COMMENCEMENT OF EFFECTIVENESS

Article 179
Entry into force
1. Without prejudice to par. 2, the validity of this shall begin on January 1, 2024, unless otherwise specified. 2. In

particular: a)
paragraph 5 of article 17, b)
paragraph 4 of article 20, c)
paragraph c of paragraph 1 of article 161,
and d) paragraphs 11 and 12 of article
177, apply from the entry into force of this.
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Issue A' 81/01.04.2023 GOVERNMENT GAZETTE 4215

We order the publication of this in the Government Gazette and its execution as a law of the State.

Athens, March 31, 2023

The President of the Republic
KATERINA SAKELLAROPOULOU

The Ministers

Deputy Minister of
Finance Finance Development and Investments
CHRISTOS STAIKOURAS THEODOROS SKYLAKAKIS SPYRIDON - ADONIS GEORGIADES

Deputy Minister of Deputy Minister of

Development and Investments Foreign Foreign Affairs
NIKOLAOS PAPATHANASIS NIKOLAOS - GEORGIOS DENDIAS MILTIADIS BARBITSIOTIS

Labor and
National Defense of Education and Religion Social Affairs
NIKOLAOS PANAGIOTOPOULOS VICTORY OF KERAMEOS KONSTANTINOS HATZIDAKIS

Health Citizen Protection Culture and Sports

ATHANASIOS PLEURIS PANAGIOTIS THEODORIKAKOS STYLIAN MENDONI

Deputy
Minister of Culture and Sports Justice Interior
Eleftherios Avgenakis KONSTANTINOS TSIARAS MAVROUDIS VORIDIS

Deputy Minister of the Deputy Minister

Interior Immigration and Asylum of Infrastructure and Transport
STYLIANOS PETSAS PANAGIOTIS MITARAKIS MICHAEL PAPADOPOULOS

Maritime of Rural Development

and Island Policy and Food Tourism
IOANNIS PLAKIOTAKIS GEORGIOS GEORGANTAS KING OF KIKILIA

Climate Crisis and

Civil Protection State State
CHRISTOS STYLIANIDES GEORGIOS GERAPETRITIS KYRIAKOS PIERRAKAKIS

The Great Seal of the State was considered and affixed.

Athens, April 1, 2023

The Acting Minister of Justice
KONSTANTINOS TSIARAS
Machine Translated by Google
Machine Translated by Google
Machine Translated by Google

4218 GOVERNMENT GAZETTE Issue A' 81/01.04.2023

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