New bill submitted to Parliament for the amendment of the Migration Code: Which permits it concerns and what substantially changes

The legislative framework currently under preparation for legal migration seeks to comprehensively redesign the way in which the entry, residence, and access to the labor market of third-country nationals in Greece are organized. The philosophy of the bill is based on the creation of a modern and coherent system that attracts third-country nationals exclusively through legal channels, facilitates their meaningful integration into Greek society and economic life, while simultaneously strengthening mechanisms for the prevention and combating of irregular migration.

At the core of this approach lies the effort to reduce bureaucracy, accelerate administrative procedures, enhance transparency, strengthen the rights of legally residing workers, and align the Greek legal order with European Union law.

Acceleration of procedures, binding deadlines, and a single administrative act

The bill introduces a more disciplined system of deadlines for the examination of applications for the issuance, modification, or renewal of residence permits falling under the single permit regime. The basic deadline is set at ninety days from the submission of a complete file. Only one extension is permitted, up to thirty days, exclusively in exceptional cases, provided that the Administration expressly and duly invokes the complexity of the case and informs the applicant in advance through the Integrated Information System “Migration”. In this way, the phenomenon of prolonged pending cases is drastically limited, which in practice had led to months-long or even years-long “hostage situations” for the interested parties.

Particularly critical is also the rule that suspension of the examination deadline is permitted only for objective reasons, namely only when supplementary supporting documents are requested and only for the duration of the deadline granted to the applicant to respond. This deadline may reach up to two months, with the possibility of a thirty-day extension. Equally important is the explicit prohibition of “implicit” or indefinite suspension without formal notification, aiming to prevent practices of opacity and to strengthen oversight of administrative action.

The “second chance” residence permit in essence: what problem it solves, who is eligible, and what safeguards it provides

The bill proposes the establishment of a “second chance” residence permit (type I.9), addressed to third-country nationals who legally resided in Greece for at least five years and whose definitive residence title or residence card expired, was not renewed, was revoked, or was rejected during the last year prior to the entry into force of the regulation. Eligibility is granted to those who continue to reside in the country, have not been absent for a total period exceeding six months up to the submission of the application, and in whose case there are no grounds of public order or security, nor active administrative sanctions. The regulation covers both cases of late submission of renewal applications and cases of rejection or revocation of the title due to failure to meet the statutory conditions.

For the submission of the application, a valid passport is required or a relevant decision of the competent committee in cases of objective or temporary inability to possess a passport, as well as proof of full health insurance coverage. Upon submission of the application, an electronic fee of 300 euros is paid, non-refundable regardless of the outcome of the procedure. Upon submission of the application, a certificate of lawful stay is issued.

The second chance residence permit is granted once, has a duration of two years, provides access to dependent employment as well as the provision of services or work, and is renewed in accordance with the general provisions on the renewal of residence permits.

Strengthening of rights and equal treatment: institutional safeguarding of single permit holders

A significant innovation is the explicit enshrinement of the principle of equal treatment of holders of a single residence permit with domestic workers. Equal treatment extends across the entire spectrum of fundamental labor and social rights: working conditions and remuneration, working hours, leave, health and safety at work, participation in trade unions, access to education and vocational training, social security and pension rights, as well as access to goods and services.

At the same time, guarantees of information are strengthened, as the competent authorities are obliged to provide clear and accessible information on rights, obligations, and procedures. This obligation has particular practical value, as opacity and fragmented information often constituted causes of errors, incomplete files, unjustified rejections, and ultimately unjustified loss of lawful residence.

New permit categories and more targeted legal migration: Blue Card, tech visa, talent visa, and strategic needs

At the level of policy choice, the bill seeks to make Greece a more attractive destination for legal migration by introducing and expanding targeted categories of residence permits that respond to the needs of the economy and society. This framework includes permits for highly skilled workers, such as the Blue Card, special visas and permits of the tech visa and talent visa type, permits for employment in start-up enterprises, permits for visiting professors at universities and educational institutions, as well as permits linked to participation in major strategic projects and investments.

At the same time, the process for determining the volume of admitted workers is restructured, with greater flexibility and adaptation to the real needs of the labor market. This direction indicates a more dynamic linkage of migration policy with the productive needs of the country, limiting rigidities that had led either to labor shortages or to ineffective, time-consuming procedures.

Provisions for students and trainees from third countries: longer duration, more work, substantive transition after graduation

Particular emphasis is placed on students and trainees from third countries, with provisions that strengthen stability and prospects for continued residence. The duration of the residence permit is provided to be equal to the maximum duration of studies, the maximum limit of permitted part-time employment is increased to 20 hours per week, and a right of stay after graduation is established for job seeking or entrepreneurial activity.

Family reunification, ten-year permit, and long-term residents: clearer conditions and greater stability

The bill improves the framework both for family members of Greek citizens and for the permanent residence of family members, as well as for the acquisition of a ten-year residence permit. In the same field, the conditions regarding knowledge of the Greek language, history, and culture required for the acquisition of long-term resident status are specified. This specification aims to reduce interpretative ambiguity and enhance predictability, a fundamental element for those who have already developed genuine ties with the country and seek a stable long-term residence status.

Pending renewals of residence permits: two-year permit and recognition of lawful residence

This regulation addresses the issue of pending applications for the renewal of residence permits submitted from 2022 onwards, under Law 4251/2014 and the Migration Code. The provision concerns third-country nationals who applied for renewal of a residence permit for dependent employment, provision of services or work, as well as for family reunification, including independent residence permits of family members, and who have been granted a certificate of application submission with complete supporting documents (Type A certificate).

For these applications, if they remain pending at the entry into force of the regulation and there are no grounds of public order or security, the issuance of a residence permit with a duration of two years is provided, with the start date being the date of issuance. At the same time, the period elapsed from the submission of the renewal application until the entry into force of the new permit is automatically considered a period of lawful residence in the country, without the need for an ascertainment act.

This period is normally counted for the establishment of the right to be granted a long-term residence permit (category M.1) and a permanent residence permit (category M.2), in accordance with the relevant provisions of the Migration Code. The residence permits falling under this regulation are granted as a priority, regardless of the date of submission of the initial renewal application.

Personal residence right for family members of a Greek citizen

In this bill, amendments are proposed concerning critical provisions of the Migration Code relating to the retention of a personal residence right in special cases.

Specifically, the provisions concerning the retention of the personal residence right for family members of a Greek citizen who are third-country nationals are reformulated. This right is retained, inter alia, in cases of death of the Greek citizen, provided that the family members had resided in Greece for at least one year prior to the event, as well as in cases of divorce or dissolution of a cohabitation agreement, on the condition that the marital or cohabitation relationship had lasted at least three years, of which at least one year in Greece. Correspondingly, the personal residence right is also retained in cases of particularly difficult situations, such as when the family member has become a victim of domestic violence during the marriage or the cohabitation agreement, as well as when custody of the children has been lawfully assigned to the third-country national.

The retention of the personal residence right is subject to specific conditions, such as proof of employment or pursuit of professional activity, the existence of sufficient financial resources so as not to burden the social welfare system, as well as full health insurance coverage in Greece. Alternatively, the residence right may also be established through inclusion in an already constituted family in Greece, another member of which meets the above conditions.

The application for the granting of a personal residence permit is submitted within a period of two months from the occurrence of the event giving rise to the relevant right and is examined by the competent service of the relevant Decentralized Administration. The personal residence permit granted is type O.3, has a duration of five years, and is renewed for an equal period of time. It is noted that the issuance of both the Residence Card and the Permanent Residence Card, as well as the Personal Residence Permit, is exempt from the payment of a fee.

Finally, it is expressly clarified that the spouse or partner, regardless of nationality, as well as descendants related by blood in the direct line, who hold a Residence Card or a Permanent Residence Card, have full access to the labor market, both as employees and as self-employed persons or as providers of services and work.

Permanent residence of family members of a Greek citizen

With the new provisions, the right to permanent residence of family members of a Greek citizen who legally reside in the country is determined with greater clarity. Specifically, it is provided that family members of a Greek citizen who have resided in Greece together with him/her for a continuous period of five years acquire an independent right to permanent residence, regardless of additional conditions provided in other provisions of Article 93. Any interruption of residence, provided it does not exceed two consecutive years after the expiry of the residence card, does not affect the right to acquire a Permanent Residence Card.

For the granting of the Permanent Residence Card type M.3, the interested family member of a Greek citizen must submit an application to the competent one-stop service within a specific deadline of two months before the expiry of the validity of the current Residence Card. In the event of delay and failure to submit the application within one year from the expiry of the residence card, the imposition of an administrative fine of fifty euros is provided.

The granting of the Permanent Residence Card is carried out by decision of the Secretary of the competent Decentralized Administration and is subject to grounds of public order and public security. In this context, it is expressly provided that any restrictive measure must respect the principle of proportionality and be based exclusively on the personal conduct of the interested person. Previous criminal convictions are not sufficient on their own for the adoption of such measures, while the conduct taken into account must constitute a genuine, present and sufficiently serious threat to a fundamental interest of society. Justifications that are not linked to the specific factual circumstances of the case or are based on assessments of general prevention are also rejected.

The Permanent Residence Card is renewed every ten years, in accordance with the provisions for the issuance of residence permits in the form of a separate document. After its acquisition, the loss of the right to permanent residence occurs only in the event of the beneficiary’s absence from Greece for a period exceeding two consecutive years.

Residence status of United Kingdom citizens after Brexit and new Article 162A

Article 39 of the bill introduces an autonomous and clear residence regime for citizens of the United Kingdom and their family members who fall under the Withdrawal Agreement. The aim is to eliminate doubts and unify interpretations which until today differed from service to service. With the new Article 162A, it is made clear that these permits do not fall under the general provisions for foreigners, rejections due to erroneous classification under the wrong regime are prevented, and continuity of residence and work rights is ensured.

The practical value of the regulation is twofold: on the one hand, it abolishes practices of “re-evaluation” of rights that caused insecurity; on the other hand, it reduces appeals and annulments by providing a stable regime for families of British citizens who live and work in Greece.

The legal services of our law firm

Our law firm, with experience of more than 20 years in Greek Migration Law, systematically handles cases of residence permits of every category and complexity, cases of applications for expedition and remedy, or annulment applications against negative decisions of the Directorates for Aliens and Migration. With methodical preparation of the file, documentation of ties, targeted legal argumentation and continuous monitoring of the administrative course, we pursue not only the solution of the problem, but also the safeguarding of continuity of lawful residence and legal certainty for the principal and his/her family. If you need guidance on which procedure concerns you, how to strengthen your file, or how to deal with a rejection, we are at your disposal with responsibility, clarity and full legal support.