Five-year residence permit for a partner under a civil partnership with a Greek citizen

A civil partnership is an institution of Greek family law with full legal recognition. Under Law 4356/2015, it is concluded by notarial deed between two adult persons, regardless of gender, and produces legal effects from its registration with the competent registry office. Its legal function also extends to immigration law, particularly when it is connected with a request for lawful residence in Greece.

Where one partner is a Greek citizen and the other is a third-country national, the civil partnership may serve as the basis for granting a residence card as a family member of a Greek citizen. The Immigration Code expressly recognises as a family member of a Greek citizen the partner with whom a civil partnership has been concluded, provided that it was executed in Greece or before a Greek consular authority. If the remaining legal requirements are also met, the third-country national may apply for the issuance of an O.3 type residence card.

Civil partnership and same-sex couples

These provisions also apply to same-sex couples. Greek law recognises the civil partnership as an institution entered into by two adult persons regardless of gender. Therefore, the possibility of establishing a right of residence does not depend on whether the couple is heterosexual or same-sex, but on whether the legal requirements are met and whether there is a genuine family relationship. Where the legislation and the administration refer to a spouse or partner under a civil partnership, this protection also covers same-sex couples, provided that the civil partnership has been validly concluded and can be taken into account by the administration.

Civil partnership with a citizen of the European Union residing in Greece

If one partner is not a Greek citizen but a citizen of another Member State of the European Union, the relationship may also establish a right of residence for the third-country national, provided that the EU citizen resides in Greece and exercises a right of residence here. In this case, the regime applicable to family members of a Greek citizen does not apply, namely the O.3 type residence card. Instead, the special regime concerning family members of a citizen of the European Union applies, namely the residence card of a family member of an EU citizen. For this reason, where there is a civil partnership with an EU citizen residing in Greece, the file must be classified from the outset under the correct legal category. Provided that there is a valid civil partnership and genuine cohabitation in Greece, the case must be examined under the appropriate legal framework.

Initial issuance of an O.3 type residence card

The O.3 type residence card concerns family members of a Greek citizen who are third-country nationals and who enter or reside lawfully in Greece. Its period of validity is five years.

For the spouse or partner of a Greek citizen, the application is submitted to the competent migration authority within the validity period of the Schengen visa with which entry into the country was made.

Public order assessment and individualised judgment

The application is examined on the basis of the specific circumstances of each case. In matters of public order and security, the administration may not rely on general or abstract assessments. In order to reject an application, specific reasoning is required, linked to the personal conduct of the person concerned and respecting the principle of proportionality.

Previous criminal convictions are not sufficient, by themselves, to justify rejection. The applicant’s conduct must constitute a genuine, present and sufficiently serious threat affecting a fundamental interest of society. Reasoning that is not connected with the actual facts of the specific case or is based on a logic of general prevention does not satisfy the requirements of the law.

Rights arising from the residence card

The spouse or partner, regardless of nationality, as well as descendants who hold a Residence Card, Permanent Residence Card or Residence Card based on a Personal Right of Residence, have access to dependent employment, the provision of services or work, and professional activity.

This status allows the person concerned to reside lawfully in the country and participate in economic and professional life without requiring a separate work permit. For many couples, the civil partnership is directly connected with the establishment of a stable residence status in Greece.

Transition to permanent residence

Following the recent amendments to the Immigration Code, the residence card of a family member of a Greek citizen is now linked to a special permanent residence regime. If the legal requirements are met, the Residence Card is converted, upon expiry of its validity, into an M.3 type Permanent Residence Card, which is valid for ten years.

At the same time, it is provided that family members of a Greek citizen who have resided lawfully in Greece with that citizen for a continuous period of five years acquire the right of permanent residence.

The Permanent Residence Card is renewed every ten years. After it has been acquired, the right is lost only if the person concerned is absent from Greece for a period exceeding two consecutive years. The law also provides that an interruption of residence which does not exceed two consecutive years from the expiry of the Residence Card does not affect the right to acquire a Permanent Residence Card.

Personal right of residence after dissolution of the relationship or in exceptional circumstances

The provision concerning the personal right of residence is also of particular importance. This right concerns family members of a Greek citizen who are third-country nationals and is retained in specific cases provided by law.

The first case is the death of the Greek citizen, provided that the family member had resided in Greece for at least one year before the death. The second case is the dissolution of the marriage or civil partnership, provided that the marriage or civil partnership had lasted at least three years before the commencement of the relevant procedure or before its dissolution, one of those years having been in Greece. The same applies where custody of the children has been lawfully awarded to the spouse or partner who is a third-country national. The third case concerns particularly difficult situations, such as incidents of domestic violence during the period of validity of the marriage or civil partnership.

For the issuance of a Residence Card based on a Personal Right of Residence, an application must be submitted within two months from the occurrence of the event establishing the right. The person concerned must also prove that they are employed or exercise a professional activity, or that they have sufficient resources for themselves and their family members and full sickness insurance coverage in Greece, or that they are a member of a family already formed in Greece by a person who meets the same requirements.

The Residence Card based on a Personal Right of Residence is granted for five years and may be renewed for five years each time.

When the card is not granted or is revoked

The administration may refuse to grant, revoke or refuse to renew the residence card where it is established that false or misleading information, forged or falsified documents, or other unlawful means have been used. The same applies in cases of abuse of rights or fraud, such as where the family relationship exists only formally and does not correspond to genuine family life.

An inspection may also be carried out where it is established that the marriage, civil partnership or other family relationship was entered into primarily for the purpose of circumventing the law and obtaining a right of residence. For this reason, in addition to the formal existence of the civil partnership, the documentation of genuine cohabitation is also important.

Conclusion

A civil partnership may constitute a lawful basis for granting a residence card to a third-country national who is the partner of a Greek citizen, provided that the legal requirements are met and the file is supported by the necessary evidence. The relevant regime includes a five-year O.3 type Residence Card, access to employment, and the possibility of transition to an M.3 type Permanent Residence Card after fulfilment of the legal requirements. It also provides the possibility of retaining the right of residence in cases of dissolution of the relationship, death of the Greek citizen, or other serious circumstances provided by law.

For the successful support of the application, the critical elements are correct classification under the applicable provisions, timely submission, completeness of the file, and adequate documentation of the genuine family relationship.

Our office handles residence permit cases, with particular emphasis on cases concerning family members of Greek citizens, providing full legal guidance from the initial assessment through to the submission and support of the file. For an individual assessment of your case and proper preparation of the procedure, you may contact us.