5-year Residence Permit in Greece

Lawyer Kasatkina-Kouskou Svetlana provides services for the preparation and submission of documents to the 5-year residence permit in Greece.

Citizens of third countries that are family members of Greek citizen as well as citizens of third countries that are in other terms the so called long-term residents may, according to the Law 4251/2014, receive the 5-year residence permit in Greece.

Questions connected with obtaining the status of long-term resident are regulated by the Greek Law in force within the frames of implementation of migratory programs.
The status of long-term resident is a very important instrument for achieving the main goal of a common European immigration policy of citizen’s integration from the third countries that constantly live in the territory of EU. This goal was set by EU. Directive 2003/109/EU that regulates current attempts of cooperation in social and economic rallying in European Union was adopted for such program implementation.

According to the above mentioned Directive, one of the most important aspects that determine equality of rights of a citizen when he receives the status of long-term resident is the assistance in mobility in the territory of EU member-state. In particular the possibility of visa-free entry and legal residence in Greece during 3 months is a right of a long-term resident having obtained such status in another EU member-state. According to the terms of this Law, a citizen of a third country having obtained the status of long-term resident in another EU member-state and residing legally in Greece may lodge an application to get a residence permit in Greece.

We should also note that third-country citizen having obtained the status of long-term resident, and namely 5-year residence permit in Greece, while observing certain requirements has the right to family reunion provided the latter was created by a third-country citizen in another state prior to obtaining thereby of 5-year Residence Permit in Greece. Legislation shall also regulate the family reunion issue in case it was created by third-country citizen after his/her receipt of Residence Permit in Greek Republic.

Official documents, including “Treaty Establishing the European Community”, which establish common rules for EU member-states regulate the question of adaptation, social services and development of third-country citizens having received a residence permit in Greece confirming in such manner the status of long-term resident, and these documents also guarantee legal formation of use and validity of issued residence permit.

For instance, if one has a five-year certificate of a Greek family member (all the categories of residence permit of Greek family member are included), temporary absence from Greece must not exceed six months per year or the top legal limit – twelve continuous months for a valid reason, for example, pregnancy and childbirth, military service, major illness, studies, occupational need or moving to another EU or any third country.

Observation of public order and norms of conduct that don’t contradict the state security of Greece shall constitute most important condition while considering an inquiry of receiving the status of the long-term resident, and namely for receiving residence permit in Greece. At the end of every month the body responsible for providing residence permit in Greece shall send accurate details and characteristics of third-country citizens having applied for residence permit or for renewal of residence permit to the local police offices or to the administration of security bodies of the Greek Republic.

In case of taking a decision of residence permit cancellation or in case of refusal to issue the latter, competent bodies of the executive authority of Greece shall consider a severity level and/ or the type of crime against the public order and security or the risk possibility of the third-country citizen’s actions, taking into account the duration of stay and availability of free places- immigration quota of the country. Refusal to give residence permit can’t be caused on the ground of fiscal policy reason.
In case that the competent Greek authorities don’t extend the residence permit or refuse to give residence permit in Greek territory, the third-country resident must immediately return to the first EU member-state that gave him a long-term permission to stay.

In case that residence permit in Greece for a third-country citizen was not prolonged or was withdrawn, competent Greek authorities shall demand his/her return to the country that issued the legal long-term residence permit; meanwhile the third-country citizen and his/her family members reserve the right of permanent place of residence in the third country that is a EU member.

Finally, in case when a third-country citizen executed documents for long-term residence in Greece and used his/her right to receive a residence permit in other EU member-state, such permit was not prolonged or it was withdrawn by the competent authorities of other EU member-state, the Greek authorities shall allow immediately and summarily accepting the third-country citizen and his family members for a long-term residence in Greece again.