The lawyer Kasatkia-Kouskou Svetlana provides legal support and assistance to third country nationals in filing the necessary documents for the issuance of a residence permit as family members of a European Union citizen.
The History of the European Union dates back to 1957 and today has 27 state-members. Greece joined the EU in January 1981 and is the tenth in a series of member state thereof. Apart from the economic integration and the mutual preferences in the EU member states, a citizen of an EU Member State has the right of immigration in other member countries of the EU.
According to the provisions concerning the required documents related to issues of national security and border controls, the entry in the territory of Greece is allowed:
• To EU citizens who hold an identity card, or a valid passport (no visa is required)
• Third country nationals (even if they are family members of an EU citizen) under the condition that they hold a valid passport and a visa.
According to EU rules and the national laws of some States, members of the family of EU citizens that are third country nationals, must obtain a visa. Also, they have to prove the existence of the relationship with the EU citizen in order to obtain that visa. Visas are issued free of charge as soon as possible through a quick process. Family members of EU citizens who hold a valid residence permit within the EU, are exempt from the visa requirement.
When an EU citizen or a member of his family that is a third country national, does not have the necessary documents or visa, has the option to acquire the above documents in Greek territory. There is also the option to issue a document confirming the right of free movement and residence within the borders of the country. EU citizens and their family members who are also EU citizens have the right to stay in Greece for up to three months without documentation, provided that citizens have valid identity card or passport. Family members of EU citizens who are nationals of third countries, have the right to stay in Greece for up to three months without documentation, provided that they have a valid passport and visa or, if necessary, they are accompanied by an EU citizen.
EU citizens who wish to extend their stay in Greece for more than three months, may issue a residence permit to the competent authority of the police. The above mentioned residence permit, confirms the official residence and the right of residence for a period exceeding the three months and is granted in the cases below:
• There is employment status of the EU citizen, linked to economic activity
• The EU citizen should have sufficient means to support himself and his family members during their stay in Greece, so that there is no negative impact on social welfare of the country and they should also have full insurance coverage for their medical expenses.
• The EU citizens must be enrolled in public or private educational institution, accredited or financed by the Greek government, under applicable law or administrative practice, participate in the curriculum, including vocational training and should also have full insurance coverage for medical expenses during their stay in Greece.
It is important to note that family members of EU citizens, who are nationals of third countries, and want to stay in Greece for more than three months, they can be granted a residence permit, only if the EU citizen resides or intends to remain in Greece for more than three months.
In Greece, the residence permit for family members of EU citizens, is issued regardless of their ethnicity. The duration of their stay in the country depends on the period of residence of the EU citizens in Greece, and may be extended under certain conditions. In cases where family members of EU citizens remain in the country for more than three months, a separate document is issued: "residence permit of a family member of the European Union". Issues related to the acquisition of the residence permit and the time limit for the submission of documents are regulated by Law 4251/2014.
The residence permit in Greece of family members of EU citizens who are nationals of third countries, is valid for five years or a period equal to the duration of residence of EU citizens, if less than five years. There is also the possibility to stay in the country for a period not exceeding six months or twelve months (highest legal limit) for valid reasons, such as pregnancy, labor, military service, serious illness, education, business needs and also to travel to another EU country or a third country. In particular, the Presidential Decree 106/2007 provides, under some conditions, the right of residence to the third country national, in case of death or departure of the EU citizen, or in cage of marriage cancelation or termination of the registered partnership.
