Divorce between a third country and a Greek citizen and the rights with respect to staying in the country after the divorce.
The lawyer Mrs kasatkina-Kouskou Svetlana provides legal support and assistance in filing the necessary documents for grant (renewal) of the residence permit of a third country citizen after divorce with a Greek citizen.
Under Greek Law, third country nationals who have obtained a residence permit as family members of Greek citizens have the right to remain in the country, regardless of the continuing of the relationship between them, which also enshrined the right to stay in the country.
Under certain conditions, the right of residence in the country of third-country nationals who happen to be family members of Greek citizens is based on individual data to obtain the right of permanent residence.
Similar cases in which the right to a residence permit to a member of a Greek citizen’ s family is based on individual data are:
1.When the Greek citizen died and the members of his family are in Greece. Moreover in cases that the members of the family of a Greek citizen were associated with him at least one year before his death. (It should be even conclusively presumed the cohabitation of family members with the Greek citizen in Greece during this period and the legitimate power of their residence permit for that time)
2.In case of dissolution or annulment of marriage, third country nationals may reside in the country in the following cases:
a) If the marriage lasted at least three years until the initiation of the divorce or annulment of marriage of which one year must include their residence in Greece.
b) In the case where regardless of the length of the marriage or the duration of stay in Greece, custody is awarded to the spouse of the Greek citizen.
3. If regardless of the length of the marriage and the duration of their stay in Greece, the dissolution of marriage occurs for particularly serious reasons such as when a family member and a third country national become victims of domestic violence during the marriage.
4.Regardless of the length of the marriage and their duration of stay in Greece, if the spouse is a third- country national and there is dissolution of marriage by court order which designates the communication with the child that should take place in Greece.
5.If a Greek citizen leaves the country or dies, the right of residence is maintained for children of family members of Greek citizens who have not Greek citizenship and for an elderly parent regardless of duration of their cohabitation with the Greek citizen before his death and regardless their nationality. If the children live in Greece and attend Greek school may remain in the country until the end of their training. The fact of attendance must be evidenced by documents submitted to the competent authorities, in particular the Certificate of Registration in school.
Apart from the above conditions that should be met by a person applying to the Competent Authorities for a residence permit as a third-country national, it is equally important to have a certain level of income required by law, to ensure decent living, while it should also cover their insurance for their health care and medical expenses in general.
Since the regime under law 4251/2014, apart from the above, when considering the applications of family members of Greek citizen, to keep the applicant the right of residence under his personal specifications should pay special attention to the following addition:
In cases where a third country national is spouse of a Greek citizen and there are minor children who are Greek citizens and are not included in any of this categories as evidenced by the permit respectively, ( legal residence in Greece at least one year before the death of a citizen of Greece) then according to these criteria a residence permit must be granted to third- country nationals in Greece, as the mother of the minor children s not required to meet other additional criteria, other than the right and the obligation to ensure the upbringing of the minor children. In that case, we must also take into account the fact that third-country nationals who are parents of minor children born in Greece can apply for residence permit as parents of a Greek citizen.In cases where a third-country national applies for a residence permit as a spouse of a Greek citizen, who dies before the foreign spouse reaches the prerequisite time of marriage required by law to grant a residence permit to him, there is a possibility of further residence in Greece , only if they receive a pension from Greek insurance.
