The lawyer Kasatkina-Kouskou Svetlana provides legal support for the collection of necessary documents for the issuance of the residence permit for family reunification. By saying family reunification we mean the entry and residence in Greece, of family members of a third-country national that resides permanently in Greece, in order to preserve the family unit, whether the family relationship arose before or after the resident's entry to our country.
The issues of family reunification of third-country nationals in Greece are governed by Law 4251/2014 on migration (Articles 53-60) and PD 131/2006 "Harmonization of Greek legislation with Directive 2003/86/EC on the right of family reunification". In Greek law, legal entry and legal residence in Greece of the family members of third-country nationals, for at least two years, are very important to the procedure of family reunification. The positive effect of the arrangements of the law is that family members of third-country nationals with a residence permit in Greece receive a residence permit chronologically equal to that.
According to Law 4251/2014, as members of the applicant's family - third country nationals residing legally in Greece and applies the process of family reunification are:
• the spouse regardless of ethnicity
• children regardless of nationality, namely:
- the children of the spouses under the age of 18
- other children of one or the other spouse under 18 years
It should be noted that the procedure for family reunification is a process, completed in several stages and rather complicated. The applicant must submit to the competent authorities the appropriate documentation. The main documents required for examination of family reunification: tax documents that confirm a certain level of income of the applicant, in particular, the income should not be less than 8,500 euros per year, 20% for the spouse
and 15% for each child, a certificate of insurance to cover medical expenses, documentation of marital status and various other documents. For example, for one to meet the request for his wife and one child, the amount required, should not be less than € 11.730 a year.
According to the Presidential Decree, the residence permit for family reunification can not be granted, is revoked or not renewed in the following cases:
1. if there is a risk to public order or security.
2. due to reasons of public health. The only diseases that may justify the refusal of entry or the right of residence are those provided by the World Health Organization and other infectious, contagious or parasitic diseases requiring measures to protect public health.
3. the conditions set out in Decree 131/2006 on family reunification are no longer met.
4. the spouse and the members of his family ceased leading real family or marital life.
5. it is proved by a final judgment, that false or misleading information, false or falsified documents, other unlawful means were used or, a fraud was committed.
6. it is ascertained that the family relationship and especially marriage, adoption or recognition of children, have been evading the provisions hereof in order to gain entry or residence in the country.
7. the residence is terminated and the family member does not have an independent right.
For the refusal, revocation or refusal to renew the residence permit or in case of a forced removal of the spouse or his family members, the character and stability of family ties of the person, the duration of residence in the country, and the existence of family, cultural and social ties with his country of origin, all the above play a very important role.
