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THE PRESIDENT OF THE HELLENIC REPUBLIC We hereby promulgate the following law passed by Parliament CHAPTER A DEFINITIONS - SCOPE
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Myles Tate
1 Law 2910/2001 Entry and Stay of Aliens in Greek Territory. Acquisition of Greek Citizenship by Naturalisation and Other Provisions (Official Gazette 91, A ) As amended by Law 3013/2002 (Official Gazette 102, A ) As amended by Law 3074/2002 (Official Gazette 296, A ) As amended by Law 3103/2003 (Official Gazette 23, A ) As amended by Law 3146/2003 (Official Gazette 125, A ) THE PRESIDENT OF THE HELLENIC REPUBLIC We hereby promulgate the following law passed by Parliament CHAPTER A DEFINITIONS - SCOPE Article 1: Definitions For the application of the provisions of this law: a. An alien shall be a person not having Greek citizenship or having no citizenship at all. b. Refugees shall be aliens meeting the conditions of the Geneva Convention of 1951 on the legal status of refugees and the relevant Protocol of New York of 1967 who have been granted refugee status by the competent authorities. Article 2: Scope 1. The provisions of this law shall not apply to the following categories of persons, unless otherwise specified in the provisions hereof: a. persons whose entry, exit, movement, stay, settling and employment on Greek territory are regulated by the rules of European Community law; b. refugees, who shall be subject to the specific provisions on refugees, unless otherwise expressly specified in the provisions of this law. A refugee shall continue to be under refugee status even if the reasons for which he has been granted such status have ceased to exist provided that, due to his long stay, he has developed strong social, economic and family ties in the country; and c. persons who have applied for refugee status within the meaning of the Geneva Convention of Persons having more than one citizenships, including Greek, shall be considered Greek citizens and shall have all the obligations and rights of Greek citizens. Persons having more than one citizenships, excluding Greek, shall declare to the aliens and immigration service their citizenship of preference, provided that they have obtained a passport or another travel document of the state concerned. 3. More favourable special provisions of bilateral or multilateral interstate agreements shall prevail subject to reciprocity. CHAPTER B POLICE CONTROL OF BORDER CROSSINGS Article 3: Points of Entry - Exit 1. Any person shall be allowed to enter and exit Greek territory only through controlled border crossings. 1
2 2. A resolution of the Minister of Public Order, the Minister for Home Affairs, Public Administration & Decentralisation, the Minister of National Defence, the Minister of Foreign Affairs, the Minister of Finance and the Minister of Merchant Marine shall determine the airports, ports and the points on the country s borders wherethrough the entry and exit of persons shall be allowed. 3. Entry and exit through points other than the border crossings referred to in the preceding paragraph may be allowed on an ad hoc basis for exceptional reasons by a resolution of the Minister of Public Order determining the way of conducting control. Article 4: Police Control 1. All persons entering or exiting the Greek territory in any manner shall be submitted to police control on their arrival and departure. 2. The police control of persons entering or exiting Greek territory shall belong to the authority of the Minister of Public Order and be conducted by the local police services. 3. A resolution of the Minister of Public Order, the Minister for Home Affairs, Public Administration & Decentralisation, the Minister of National Defence, the Minister of Foreign Affairs, the Minister of Finance, the Minister of Justice and the Minister of Merchant Marine shall determine the subject of police or any other control, the control organs and the procedure for the execution of judicial and administrative acts concerning the entry and exit of persons. 4. A presidential decree, issued upon a proposal from the Minister for Home Affairs, Public Administration & Decentralisation, the Minister of Foreign Affairs and the Minister of Public Order, shall determine the documents to be obtained by aliens not having travel documents, whom the diplomatic authorities of their countries have been unable to furnish timely with travel documents. CHAPTER C GENERAL CONDITIONS ON ENTRY AND STAY OF ALIENS Article 5: Visas 1. An alien entering Greek territory shall be required to have a passport or other travel document recognised by international conventions. 2. These documents shall also bear, if required, a visa. 3. A visa shall be granted by the Greek consular authority of the alien s domicile, which shall first take into consideration reasons related to the country s public order, security and public health. The visa shall be valid for three months, unless otherwise specified by the provisions hereof. 4. Aliens who are not required to obtain a visa may freely enter Greek territory and stay for three months in whole within a time period of six months as from the date of first entry. 5. In exceptional cases, a visa may be granted by the passport control services on the arrival of the alien at the port of entry, pursuant to a decision of the Minister of Public Order. 6. A resolution of the Minister of Foreign Affairs, the Minister for Home Affairs, Public Administration & Decentralisation, the Minister of Finance and the Minister of Public Order shall determine the procedure for granting of visas, the kind, conditions and procedure of granting visas in exceptional cases as well as the stamp duty to be levied in each case. 2
3 Article 6: Aliens Transit 1. For the application of this law, the presence of an alien in the transit zone of an airport or port of the country with a view to continuing his journey abroad on board the same or another aircraft or ship shall not constitute entry into Greek territory. 2. No visa shall be required for staying in the transit zone. A resolution of the Minister of Foreign Affairs, the Minister for Home Affairs, Public Administration & Decentralisation and the Minister of Public Order may allow, for reasons of public order and security or of general public concern, the imposition of a visa on transit passengers who are citizens of particular countries. 3. An alien staying in a transit zone shall leave at the first opportunity, otherwise he shall board an aircraft or ship under the care of the police authority. The airport or harbour authorities shall assist if so requested. 4. Every person staying in the transit zone may be submitted to any control deemed necessary by the competent police, customs, harbour and sanitary authorities. 5. The Greek control authorities may force any transit alien to leave the country immediately if they ascertain that he has no visa, provided that such visa is required, and ticket to continue his trip both to the country of destination and the intervening countries through the territory of which he needs to pass. Article 7: Denial of Entry 1. A consul may refuse, without any justification, to grant a visa. Justification shall be required if the alien is the spouse, minor child or parent of a citizen of a European Union member state. 2. The Greek control authorities may prohibit an alien who has a visa from entering Greece provided that they ascertain that such alien meets at least one of the following conditions: a. he is included in the list of aliens against whom there is a ban on entry, according to article 49 of this law; b. his entry may constitute a risk to public security or public health, according to international standards and the World Health Organisation; c. the passport or other travel document he uses does not ensure his return to the country of provenance or origin or a third country; d. he comes with the intention of staying in Greece for a purpose for which the issue of a stay permit is required and has not complied with the legal procedure; or e. he does not have the documents required for justifying the purpose of his trip and the financial resources to support himself. However, a Greek citizen may, by executing a special declaration of reception and filing it as a supporting document to the competent visa issuing or passport control authorities, report the purpose of the alien s travel and guarantee by paying to the Deposits and Loans Fund a sum covering the expenses of turning back or deporting the alien and a sum equal to three salaries of an unskilled worker covering, wholly or partly, the alien s sustenance expenses. 3. An alien having entered Greece through the transit zone and being denied entry into the destination country shall not be admitted for re-entry unless he meets anew the conditions of this law, provided that in the meantime he has entered a third intervening country. 4. A person who is provenly a Greek citizen may not be denied entry into Greece, even if he does not have a passport or other travel document. 3
4 Article 8: Granting and Renewal of Stay Permits 1. An alien who has obtained a visa to Greece for any of the reasons provided for by this law may apply for a stay permit for the same reason, provided that he meets the conditions of this law. 2. The stay permit shall be granted for a particular reason, to be mentioned in the application. 3. An alien wishing to be granted a stay permit in Greece shall, at least two months before the expiry of the visa, submit to the municipal or communal authority of his domicile or residence an application for a stay permit. 4. In addition to the application, he shall also submit a photocopy of his passport or other travel document bearing the visa, as well as the other supporting documents provided for by this law. 5. The municipal or communal authority shall examine the completeness of the supporting documents and transmit them along with the application to the competent aliens and immigration service. This service shall examine the application within one month as from its receipt and, after taking into account reasons concerning the public order and security of the country, shall invite the alien to an interview with the Immigration Committee at a fixed place and time. 6. The invitation to the interview shall be served with return receipt. The alien s failure to appear at the interview shall only be justified for reasons of force majeure. In such case, the alien shall be invited again to an interview according to the said procedure. In the event of unjustified failure to appear, the application shall be dismissed. 7. The stay permit shall be granted by resolution of the Secretary - General of the Region, on an opinion from the Immigration Committee. 8. The stay permit shall be renewed according to the procedure provided for by paragraphs 3-7 of this article, unless otherwise specified by this law. Article 9: Immigration Committee 1. In every regional aliens and immigration directorate a three - member Immigration Committee shall be established, consisting of two employees of the aliens and immigration service, one of whom shall be its head, and one representative of the police authority. A resolution of the Secretary - General of the Region shall appoint the members of the Committee, both regular and alternate, and the secretary and his alternate. A similar resolution shall appoint as chairman the head of the aliens and immigration service, as well as a rapporteur, along with his alternate, without voting right, from among the employees of the aliens and immigration directorate. By resolution of the Secretary General of the Region may be established in every regional aliens and immigration directorate more than one three members Immigration Committees and in any case up to two, provided that they are necessary for the prompt accomplishment of their work. These Committees consist of two employees of the aliens and immigration service and one representative of the police authority. By the same resolution are appointed the members of the Committee, both regular and alternate, and the secretary and his/her alternate. By a similar resolution is appointed as chairman one of the two employees of the aliens and immigration service who are members of the Committee as well as a rapporteur without voting right, from among the employees of the aliens and immigration directorate. 2. The task of the Immigration Committee shall be to opine on whether an alien should be granted or denied the issue or renewal of a stay permit. In order to opine, the Committee shall take into consideration the factors provided for in the provisions of this law and the alien s personality in general. 4
5 CHAPTER D ENTRY AND STAY OF ALIENS FOR STUDIES Article 10: Entry for Studies 1. Entry of an alien into Greece for studies in higher education institutions (HEIs), technological education institutions (TEIs), Higher Ecclesiastical Schools and Ecclesiastical School Units, the Higher School of Technologists - Engineers for Education of the School of Educational Functionaries for Vocational and Technical Education (ASETEM / SELETE), the Higher School of Tourist Trades of the National Tourism Organisation (EOT), technical education lyceums (TEEs), Greek language schools at the Universities of Athens or Thessaloniki or the Greek Language Centre of Thessaloniki shall be allowed provided that the alien has already obtained a visa for this purpose. Studies shall include undergraduate and postgraduate studies, as well as residency terms in the case of medical studies. 2. A resolution of the Ministry of National Education and Religious Affairs, to be issued every year, shall set forth the number of posts per faculty, department or educational institution to be occupied by alien students. 3. In order to be granted a visa for studies, an alien should meet the following conditions: a. he shall have been admitted to one of the educational institutions referred to in paragraph 1; and b. he shall be capable of covering the expenses of his studies and support in Greece. 4. An alien wishing to enter Greece for studies shall produce to the Greek consulate of his domicile: a. a passport or other travel document; b. a certificate from the appropriate Greek educational institution to the effect that it has admitted him for enrolment; c. a declaration to the effect that he has secured the financial resources required for covering the expenses of his studies and support in Greece; and d. transcript of criminal record issued by the foreign authorities. Article 11: Granting of a Stay Permit 1. An alien who has obtained a visa for studies in Greece may apply for a stay permit for this purpose, provided that the following conditions are cumulatively met: a. he has enrolled with the appropriate educational institution; b. he has sufficient resources for covering his stay and studies expenses during the term of the stay permit; c. he is healthy and insured for hospitalisation and medical treatment expenses; and d. he has secured accommodation. 2. The alien s application for a stay permit shall be accompanied by: a. a certificate of enrolment with the appropriate educational institution; b. evidence of his capacity to meet the stay and studies expenses during the term of the stay permit; c. evidence that he is insured for hospitalisation and medical treatment expenses or that he has submitted an application to that effect; d. a declaration containing his accommodation address; 5
6 e. a health certificate 1, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned. Article 12: Duration of Stay Permit The stay permit shall be valid for one year and may be renewed for an equal time period. The total duration of stay may not exceed the total duration of studies provided for by the relevant provisions increased by half. An additional year for learning Greek shall be added to this term. Article 13 Renewal of Stay Permit In order to obtain renewal of the stay permit, the alien shall, at least two months before its expiry, submit to the municipal or communal authority of his residence an application accompanied by a certificate from the appropriate educational institution evidencing his enrolment and participation in the examinations. Article 14: Vocational Training 1. For the application hereof, vocational training shall be attendance of a vocational training institute (IEK), according to the provisions of L / 1992 (Official Gazette 18 A ), as effective for the time being. Such training may be preceded by one preparatory year for learning Greek at a Greek university s modern Greek language school. 2. An alien s entry into Greece for training at a public or private vocational training institute shall be allowed provided that the alien has been admitted to such institute and a study approval has been issued by the Vocational Training and Education Organisation. 3. An alien s entry into Greece for attending courses of unclassified educational level at a free studies workshop shall be allowed provided that the alien has been admitted to such workshop and the workshop s certificate of admission and duration of the courses has been certified by the competent service of the appropriate prefectural local authority. 4. Visas and stay permits, as well as renewals shall be granted subject to the conditions provided for by articles 10 to 13 of this law, applying by way of analogy. Article 15: Change of Subject of Studies An alien who has obtained a stay permit for studies in Greece may change subject of studies or vocational training according to the legislation in force and provided that his total duration of stay shall not exceed the time envisaged for the initial studies. Article 16: Participation in Special Programmes Aliens participating in exchange programmes, co-operation programmes financed by the European Union, as well as scholars of ministries, organisations beneficial to the public foundations and the State Scholarships Foundation (IKY) shall be admitted to stay in the country according to the provisions of articles 8 to 13 of this law, applying by way of analogy. A resolution of the Minister of Foreign Affairs, the Minister of Home Affairs, Public Administration & Decentralisation, the Minister of 1 Is is not required for the renewal of the residence permit (Law 3146/2003). 6
7 National Education & Religious Affairs, the Minister of Labour & Social Security and the Minister of Public Order may regulate the details of the enforcement of this article. Article 17: Studies at Military Schools Aliens who have been admitted for studies at Schools of the Armed Forces, the Security Corps or Merchant Marine Academies shall obtain stay permits for the duration of their studies at such schools. Article 18: Professional activity of alien students Aliens who have obtained stay permits for studies, according to articles 8 to 16 of this law, may only work part - time, after obtaining a part - time work permit from the prefect on producing their stay permit. The provisions of labour legislation on part - time employment shall apply to this case. CHAPTER E ENTRY AND STAY OF ALIENS FOR WORKING AS EMPLOYEES Article 19: Granting of Work Permit 1. An alien may be allowed to enter Greece in order to work for a particular employer and at a particular employment, if he is granted a work permit by the prefect. 2. The Manpower Employment Organisation (OAED) shall prepare at the end of the last quarter of every year a report recording the current needs in manpower throughout Greece and all job vacancies per category and region that may be filled by aliens. During the preparation of the report the interests of the national economy, labour supply by Greek nationals and aliens and labour demand shall be taken into consideration. Based on this report, a resolution of the Minister of Labour & Social Security, the Minister of Home Affairs, Public Administration & Decentralisation and the Minister of Foreign Affairs shall set forth the maximum number of work permits to be granted every year per nationality, prefecture, kind and duration of employment, as well as any other necessary detail. This resolution shall be transmitted to the Greek consular authorities and the employment offices operating abroad and the labour services of the prefectural local authorities. 3. The employment offices abroad shall invite by notices, which may be published in the local mass media, the aliens concerned to submit applications to work in Greece. On the basis of these applications, they shall prepare lists of the names of aliens who wish to work as salaried employees in Greece and transmit them to OAED and the labour services of the prefectural local authorities. 4. In order for an employer to employ staff under an employment agreement, he shall submit an application to the competent labour service of the prefectural local authority. 5. If the posts applied for are not covered by Greeks or aliens staying legally in Greece, OAED may approve the filling of such vacancies by aliens who do not stay in Greece. If OAED approves the filling of these vacancies by aliens domiciled abroad, the employer shall choose from the lists referred to in paragraph 3 of this article the aliens he is interested in and submit an application to the prefect in order for them to be granted work permits. 6. The application shall be accompanied by the following documents: a. a certificate from the employer to the effect that he shall employ these particular aliens and that he undertakes their support expenses until they obtain a stay permit or, if they are not granted such permit, until they leave the country; and 7
8 b. a bank letter of guarantee in an amount at least equal to three salaries of an unskilled worker for covering the expenses of the alien s three month - stay in Greece and an amount covering the expenses for turning back or deporting them to their country of origin, if necessary. In case of employment of fishermen or workers of the land the bank letter of guarantee corresponds to the monthly salary of an unskilled worker. 7. The work permit shall be granted by the prefect on an opinion from the police authority of the prefecture on issues concerning the country s public order and security. 8. The work permit shall be granted for a time period of up to one year and may be renewed from time to time for a time period of up to one year. A necessary condition of renewal shall be the existence of an employment agreement and performance of the tax and social security obligations by the alien. The alien wishing renewal shall, before the expiry of the work permit, submit to the prefect an application for renewal along with the relevant supporting documents. When the employment agreement does not exceed the period of twelve months the first work permit will be granted for one year. After six years the work permit is granted for two years. After a total stay of ten years in Greece the alien may be granted a work permit of indefinite duration. 9. The prefect shall transmit the work permit to the Greek consulate in order for a visa to be issued and communicate it to the aliens and immigration service. Article 20: Visa In order for an alien to be granted a visa for working as an employee, the following documents shall be received by the Greek consular authority of his domicile: a. passport or other travel document and transcript of criminal record issued by the foreign authorities, to be produced by the alien; and b. work permit for the alien in question, to be transmitted by the prefect. Article 21: Granting of Stay Permit 1. An alien having obtained a visa to work as an employee in Greece shall be granted a stay permit provided that the following conditions are cumulatively met: a. he has a work permit; b. he has entered into an employment agreement according to which his salary is at least equal to the montly salary of unskilled worker; c. he is healthy and insured for hospitalisation and medical treatment expenses, including labour accident coverage, or has submitted an application to that effect; and d. has secured accommodation. 2. The alien s application shall be accompanied by: a. a work permit; b. an employment agreement; c. evidence that he is insured for hospitalisation and medical treatment expenses, including labour accident coverage, or has submitted an application to that effect; d. a declaration mentioning his accommodation address; and e. a health certificate 2, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses 2 It is not required for the renewal of the residence permit (Law 3146/2003) 8
9 World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned. Article 22: Duration and Renewal of Stay Permit 1. The stay permit for employment shall be granted for a year and may be renewed from time to time for a time period equal to the term of the work permit. In order to obtain renewal, the alien shall, at least two months before the expiry of the stay permit, submit to the municipal or communal authority of his residence an application and supporting documents proving that: a. he has a work permit; b. he has discharged his tax and social security obligations provided for by article 21; and c. the conditions provided for by article 21 are still fulfilled. 2. After six years have elapsed, the stay permit shall be renewed by a resolution of the Minister of Home Affairs, Public Administration & Decentralisation and shall be valid for two years. After a total stay of ten years in Greece and under the same conditions, a stay permit of indefinite duration may be granted by resolution of the Minister of Home Affairs, Public Administration & Decentralisation. In both these cases the provisions of paragraphs 3 to 6 of article 8 of this law shall apply in all other respects. 3. The alien may enter into an employment agreement with another employer during the term of his work and stay permits. He shall forthwith notify the competent prefect of this change. Article The provisions of articles 19, 20, 21 and 22 of this law shall also apply by way of analogy to aliens wishing to enter Greece in order to provide independent services or work. 2. For the renewal of the work and stay permits of the aliens referred to in paragraph 1, instead of the contract for provision of services or work, a declaration of the employer may be produced to the effect that he shall employ the alien in a particular job for a particular time period, or a social security booklet evidencing that the alien has completed a number of wages at least equal to half the working days corresponding to the time period from the issue of the work permit to the submission of the application for renewal. Article 24: Aliens Seasonal Work 1. An alien s seasonal work shall be employment in Greece for time periods of up to six months in whole per calendar year in areas of activity connected with seasonal demand, under an employment relation of definite time for a particular employer and kind of employment, provided that the alien is not domiciled in Greece. 2. An employer wishing to employ an alien for seasonal work shall obtain OAED s prior approval according to the provisions of par. 5 of article 19 hereof, after filing an application to the competent labour service of the prefectural local authority at least three months before the commencement of employment. The application shall be transmitted to OAED. In all other respects, entry and stay of aliens for seasonal work in Greece shall be regulated by bilateral or multilateral international agreements. 9
10 CHAPTER F ENTRY FOR EXERCISE OF AN INDEPENDENT ECONOMIC ACTIVITY Article 25: Visa 1. Entry for exercise of an independent economic activity shall be an alien natural person s entry into the country for the purpose of exercising an economic activity independently from any employer. 2. An alien shall be allowed to enter the country for exercising an independent economic activity provided that, cumulatively: a. he has sufficient available resources for exercising the activity; and b. the activity contributes to the development of national economy. 3. The application for a permit to exercise an independent economic activity shall be submitted to the Greek consular authority of the alien s domicile and shall be accompanied by the following documents: a. a feasibility study containing at least the kind and amount of the investment as well as the funding sources; b. a tax clearance certificate issued by the country of origin; c. evidence proving his scientific or technical or vocational education and training, in terms of the activity he wishes to exercise; and d. a transcript of criminal record issued by the foreign authorities. 4. The application and the supporting documents shall be transmitted to the aliens and immigration service of the region where the municipality or community where the alien intends to exercise the activity he wishes is located. 5. The aliens and immigration service shall examine the feasibility of the alien s exercising the particular economic activity. The aliens and immigration service may demand the alien to produce further supporting documents. If the service deems the exercise of the particular activity feasible, it shall transmit the application and the related documents to the competent organ or service, which, after conducting the statutory control, shall grant the alien the permit to practise the particular independent economic activity. If the law does not provide for a permit to exercise the particular independent economic activity, this permit shall be granted by the aliens and immigration service of the place where the alien intends to exercise this activity. 6. The permit to exercise the independent economic activity shall be transmitted to the Greek consulate, which shall communicate it to the alien. 7. The alien who has been granted a permit to exercise an independent economic activity shall be granted a visa by the Greek consulate of his domicile. Article 26: Granting of Stay Permit 1. An alien who has been granted a visa to enter the country for exercising an independent economic activity shall be granted a stay permit provided that: a. he is healthy and insured for hospitalisation and medical treatment expenses; and b. he has secured accommodation. 2. The alien s application shall also be accompanied by: a. evidence proving that he is capable of covering the expenses of his stay and the activity he is to exercise; b. evidence that he is insured for hospitalisation and medical treatment expenses, or that he has filed an application to this effect; c. a declaration containing his accommodation address; and 10
11 d. a health certificate 3, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned. Article 27: Duration and Renewal of Stay Permit 1. The stay permit shall be granted for two years and may be renewed for an equal time period. 2. Renewal shall be granted provided that: a. the activity approved indeed continues to be exercised; b. it is the same activity or a continuation or development of the initial activity; and c. the alien has discharged his tax and social security obligations. 3. The application for renewal shall be submitted at least two months before the expiry of the permit to the municipal or communal authority of the alien s residence and shall be accompanied by: a. the supporting documents proving that he meets the conditions referred to in the preceding paragraph; and b. the supporting documents referred to in par. 2 of article After six years have lapsed, renewal of the permit shall be granted by resolution of the Minister for Home Affairs, Public Administration & Decentralisation and shall be valid for two years. After total stay of ten years in Greece and on the same conditions, a stay permit of indefinite duration may be granted by resolution of the Minister for Home Affairs, Public Administration & Decentralisation. In all other respects, the provisions of paragraphs 3 to 6 of article 8 shall apply in both cases. 5. If the stay permit is revoked or not renewed, the alien may be granted a time limit of up to six months to leave Greece, provided that it is deemed necessary for the liquidation of his business. CHAPTER G ENTRY AND STAY OF ALIENS FOR FAMILY REUNION Article 28: Visa 1. An alien living legally in Greece for at least two years may apply for the entry and settlement of members of his family in the country, provided that: a. the members of his family are to live with him; and b. the applying alien proves that he has steady personal income, sufficient to cover the needs of his family, which may not be lower than the wages of an unskilled employee, as well as the appropriate accommodation and medical treatment insurance that may also cover the members of his family supported by him. 2. Members of the alien s family entering the country for the purpose of family reunion shall be: a. his spouse; b. his single children below 18; and c. single children below 18 of his spouse, provided that he has been awarded custody of the children. 3 It is not required for the renewal of the residence permit (Law 3146/2003) 11
12 3. The alien shall submit to the municipal or communal authority of his residence an application for a stay permit for family reunion. This application shall be accompanied by: a. copy of the stay permit; b. copy of the tax review form or the income tax return for the last financial year before the submission of the application; c. a recent family status certificate evidencing the family relation; and d. a declaration to the effect that the members of the family shall reside with the alien. 4. The municipal or communal authority shall examine the completeness of the supporting documents and transmit them along with the alien s application to the aliens and immigration service. 5. The Secretary - General of the Region shall decide whether to grant a visa, on an opinion from the police authority on issues concerning the country s public order and security. If his decision is positive, the appropriate Greek consular authority shall grant the members of the alien s family a visa for family reunion, subject to the provisions of article 7 of this law. Article 29: Granting of Stay Permit 1. An application of a member of an alien s family for a stay permit for family reunion shall be accompanied by a health certificate 4, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the member of the family does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. As for minors, the application shall be submitted by the parent having custody of the minor. Expenses shall be borne by the alien concerned. 2. Minor aliens who have completed 14 years of age shall be granted a personal stay permit, expiring at the same time as the stay permit of the parent having custody of the minors. For those who have not reached that age, as well as for children of aliens born in Greece, their stay shall be covered by the stay permit of the parent having custody of the minor. Article 30: Duration and Renewal of the Stay Permit 1. The stay permit shall be granted for a time period of up to one year, it may be renewed for a time period of up to one year and shall follow the course of an alien s stay permit. 2. An alien desiring the renewal of a stay permit for family reunion shall, at least two months before its expiry, submit to the municipal or communal authority of his residence an application to that effect. In all other respects, the provisions of article 8 of this law shall apply by way of analogy. Article 31: Exercise of Professional Activity by Members of the Alien s Family Persons admitted for family reunion shall be allowed to work as employees or provide independent services or exercise an independent economic activity. For this purpose, they shall obtain a work permit or a permit to exercise an independent economic activity by producing the stay permit for family reunion. The provisions of paragraphs 6 (i), 7 (i) and 8 (i) of article 66 hereof shall apply by way of analogy to the procedure and the other supporting documents required. 4 It is not required for the renewal of the residence permit (Law 3146/2003) 12
13 Article 32: Independent Stay Permit of Members of an Alien s Family 1. Persons admitted for family reunion may acquire an independent right to stay in Greece when: a. they become major; b. the alien deceases; c. the alien exercises violence on such persons; and d. a divorce judgement is issued concerning the alien. 2. The application for an independent stay permit shall in particular be accompanied by the certificate of birth or death or the divorce judgement. 3. The duration of the independent stay permit may not exceed one year and may be renewed for one plus another year and in all cases until the age of 21 years old. Further renewal shall only be allowed for reasons provided for by this law. If the aforesaid residence permit is renewed for study purposes the alien may renew it after the accomplishment of his studies for the grounds provided for by this law. If the residence permit is not renewed after a time limit of six months the alien has the obligation to leave Greece. Article 33: Stay Permit of an Alien who is the Spouse of a Greek or European Union Citizen 1. An alien who is the spouse of a Greek or European Union citizen shall be granted a stay permit of at least five years without the requirement of getting work permit. The aforesaid permit is renewed automatically for a period of at least five years and covers the minor under 18 years old not married children of the alien, provided he is entitled to exercise the parental authority. 2. This permit shall not be granted or, if it has already been granted, shall be revoked, provided that it is proved that the marriage has been celebrated with a view to the circumvention of the provisions of this law, in order for the alien to obtain a stay permit or Greek citizenship. The marriage shall be considered to have been celebrated for this purpose in particular if it is impossible for the spouses to live together or to communicate or if either spouse does not know the identity particulars of the other. In such cases, the aliens and immigration service shall conduct the necessary controls to ascertain the details or other circumstances from which the purpose of the marriage is proved or inferred. These details shall be communicated to the Directorate for Civil and Municipal Status of the Ministry of Home Affairs, Public Administration & Decentralisation. 3. The provisions of the above paragraphs apply to aliens, who are spouses of repatriated Greeks or of alien ethnic Greeks or who are widowed and to their minor children provided that the spouse who died was Greek citizen or European Union citizen or repatriated Greek or alien ethnic Greek. 4. Members of the family of the Greek or of the European Union citizen are considered: a. his spouse; b. his single children below 21 c. his parents provided they live with him. 5. The aforesaid aliens may be granted independent stay permit on one of the grounds provided for it this law, provided that they fulfil the following requirements: a. they are older than the age provided in paragraph 4 b) of this article, b. their spouse who is Greek or European Union citizen exercises violence on them, c. a divorce judgement is issued 13
14 CHAPTER H ENTRY AND STAY OF ALIENS FOR OTHER REASONS Article 34: Entry and Stay of Alien Athletes and Coaches 1. Entry into the country of alien athletes and coaches of a sport recognised by the Greek sport authorities, for registration with, transfer to, or employment by a recognised sports club, sports corporation or division of salaried athletes shall be allowed upon the approval of the Greek sport federation of the sport concerned and the issue of a visa. 2. The alien athlete or coach desiring to come to Greece for the purpose of registration, transfer or employment shall produce to the Greek consulate of his domicile: a. passport or other travel document; b. approval of his entry into Greece for registration, transfer or employment by the Greek federation of the sport concerned; and c. transcript of criminal record issued by the foreign authorities. To the aliens who are holders of the above mentioned visa is granted work permit by the Prefect upon presentation of their visa. The work permit is notified to the Aliens and Immigration Service. 3. An alien athlete or coach who has obtained a visa for registration, transfer or employment may apply for a stay permit provided that, cumulatively: a. he has been registered with, transferred to, or employed by a Greek sports club, sports corporation or division of salaried athletes; b. he is healthy and insured for hospitalisation and medical treatment expenses; and c. he has secured accommodation. 4. The application for a stay permit shall be accompanied by: a. a copy of the written collaboration agreement, if the athlete has been registered with, or transferred to an amateur club, or the employment agreement, if the alien is a professional or salaried athlete or a coach employed by a particular sports club or sports corporation or division of salaried athletes, in Greek; b. a health certificate 5, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned; c. a declaration containing the address of his accommodation; d. evidence that he is insured in Greece for hospitalisation and medical treatment expenses or that he has submitted an application to this effect; and e. a certificate from the Secretariat - General for Sport to the effect that the athlete is entitled to register with the sports club, sports corporation or division of salaried athletes or that the coach has the legal qualifications to practise his profession. 5. The term of the stay permit shall be equal to the term of the alien s written collaboration agreement or employment agreement. If the agreement is renewed, the stay permit shall be renewed for an equal term. 6. The aforesaid aliens may be accompanied by the members of their families mentioned in article 28 paragraph 2. The aforesaid family members are granted residence permits provided they submit the certificate provided for in paragraph 4 b) of article 28. These residence permits expire upon expiration of the residence permit granted to the alien athletes and coaches. 5 It is not required for the renewal of the residence permit (Law 3146/2003) 14
15 Article 35: Entry and Stay of Directors, Administrators and Personnel of Companies 1. The following persons shall be allowed to enter the country after obtaining a special visa: a. alien directors, administrators and senior executives (general managers and managers) of affiliates and branches of alien companies legally engaging in business activities in Greece; b. alien personnel exclusively employed by companies that have become subject to the provisions of Emergency Law 89 / 1967 (Official Gazette 132 A ), E.L. 378 / 1968 (Official Gazette 82 A ) and article 25 of L. 27 / 1975 (Official Gazette 77 A ), as replaced by article 4 of L / 1994 (Official Gazette 142 A ), as well as firms referred to in L.D / 1953 (Official Gazette 317 A ); c. alien technicians employed by industries or mines under the terms provided for in E.L. 448 / 1968 (Official Gazette 130 A ); d. aliens coming from third countries, who are employed by firms established in another member state of the European Union and have been seconded to affiliates or branches of these firms in Greece; and e. other categories of aliens that may be determined by resolution of the Minister of Home Affairs, Public Administration & Decentralisation, the Minister of Labour & Social Security and any other competent minister. 2. Aliens wishing to enter Greece for the purpose referred to in par. 1 shall produce to the Greek consulate of their domicile: a. passport or other travel document; b. a certificate from the company to the effect that they shall be employed by it in Greece. By way of exception, during the first establishment of the companies referred to in case (b) of paragraph 1 and with respect to the visa of their legal representative, instead of a certificate from the company, a certificate from the Ministry of National Economy or the Ministry of Merchant Marine shall be produced, as the case may be, evidencing the appointment of the legal representative; and c. a transcript of criminal record issued by the foreign authorities. With the exception of the cases of passage d) paragraph 1) of this article to the aliens who are holders of the above mentioned visa is granted work permit by the Prefect upon presentation of their visa. The work permit is notified to the Aliens and Immigration Service. 3. The aliens referred to in paragraph 1 shall be granted a stay permit provided that: a. they have signed an employment agreement with the company or, if they are directors or administrators, they can produce a decision of the competent organ of the company certifying their capacity; b. they are insured for hospitalisation and medical treatment expenses, without prejudice to par. 11 of article 8 of L / 1993; c. they produce a health certificate, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the aliens do not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the aliens concerned. The aforesaid certificate is not required for the renewal of the residence permit. d. a declaration containing the address of their accommodation. 4. The stay permit shall be granted for a time period of one year and may be renewed for an equal time period. For the renewal of the residence permit the alien is not required to be interviewed by the Immigration Committee. 15
16 5. The said aliens may be accompanied by the members of their families referred to in article 28 paragraph 2, who shall be granted a personal stay permit expiring on the expiry of the aliens stay permit, provided that they shall produce the certificate referred to in subparagraph (c) of paragraph 3 of this article. Article 36: Entry and Stay of Alien Cultural Creators, Members of Artistic Ensembles and Circuses 1. Alien cultural creators, such as authors, literary writers, directors, painters, sculptors, actors, choreographers, stage designers, as well as members of artistic ensembles and circuses and those working therein shall be allowed to enter the country, provided that they can prove their particular activity and after they have obtained a visa to Greece. To the aliens who are holders of the above mentioned visa is granted work permit by the Prefect upon presentation of their visa. The work permit is notified to the Aliens and Immigration Service. 2. The aliens referred to in paragraph 1 shall be granted a stay permit provided that the following conditions are cumulatively met: a. they are healthy and insured for hospitalisation and medical treatment expenses; and b. they have secured accommodation and have the financial resources to support themselves. 3. The alien s application for a stay permit shall be accompanied by: a. a copy of the employment agreement or contract for work; b. a health certificate 6, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned; c. a declaration containing the alien s accommodation address; d. evidence that he is insured in Greece for hospitalisation and medical treatment expenses or that he has submitted an application to this effect; and e. evidence that he has the financial resources required for supporting himself. 4. The stay permit shall be granted for a time period of up to one year and may be renewed from time to time for terms of up to one year. 5. Members of artistic ensembles coming to Greece within the framework of cultural or educational exchanges under the auspices of the Ministry of Culture or local authorities shall be allowed to enter the country after obtaining a visa, granted for a time period equal to the duration of the events. 6 It is not required for the renewal of the residence permit (Law 3146/2003) 16
17 Article 37: Other Cases of Granting Stay Permits 7 1. An alien who has the resources required for meeting his living expenses may be granted a stay permit for up to one year, which may be renewed for an equal term, provided he is holder of the special entry visa. For the grant of this special entry visa the alien has to submit to the Greek Consulate of his place of residence the followings documents: a. passport or other valid travel document which is recognised by the international conventions; b. documents proving that he has enough income for meeting his living expenses without working as employee or independently and that the source of this income is legal; c. declaration containing the proof that he has ensured the address of his accommodation; d. medical certificate proving that he does not suffer of any transmissible infectious disease; e. certificate of insurance for meeting the hospitalisation expenses and the expenses of medical and pharmaceutical care; f. a transcript of criminal record issued by the foreign authorities 2. The alien s application for a stay permit shall be accompanied by: a. evidence that he has the financial resources required for supporting himself; b. a declaration containing the alien s accommodation address; c. evidence that he is insured for hospitalisation and medical treatment expenses or that he has submitted an application to this effect; and d. a health certificate 8, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned. 7 Article 8 par. 4 of the Law 3146/2003 provides for the grant of stay permits to the members of foreign archeological schools. The relevant provisions read as follows: 4. (i) By joint decision of the Ministers of Home Affairs, Public Administration and Decentralization and Culture stay permit may be granted to aliens who are members of foreign archeological schools with scientific activity falling under the inspection of the Ministry of Culture. The stay permit is granted provided that the Greek Consulate of the place of his residence previously grants the alien entry visa for this purpose. The holder of such a permit is entitled to work without further requirement in the context of the activities of the school. The stay permit is granted for one year and can be renewed for one year. The requirements to be fulfilled for the issuance of the entry visa are as follows: a. the alien is admitted as member of the relevant archeological school, b. the alien can meet his living expenses in Greece. (ii) The alien who wants to come to Greece as member of foreign archeological school has to submit to the Greek Consulate of the place of his residence: a. passport or other travel document recognized by Greece, b. attestation that he is admitted as member of the foreign archeological school, c. document proving that he has the means to cover his living expenses in Greece, d. declaration proving that he has ensured the address of his accommodation, e. medical certificate proving that he does not suffer of any transmissible infectious disease, f. certificate of insurance for meeting the hospitalization expenses and the expenses of medical and pharmaceutical care, g. a transcript of criminal record issued by the foreign authorities. (iii) The relevant application together with the documents described above under (ii) is submitted to the Aliens and Immigration Directorate of the Ministry of Home Affairs, Public Administration and Decentralization which examines it after considering the public order and national security grounds. 8 It is not required for the renewal of the residence permit (Law 3146/2003) 17
18 3. After a total stay of ten years in Greece and under the same conditions the alien may be granted, by decision of the Minister for Home Affairs, Public Administration & Decentralisation, a stay permit of indefinite duration. In all other respects, the provisions of paragraphs 3 to 6 of article 8 of this law shall apply. 4. By decision of the Minister for Home Affairs, Public Administration & Decentralisation and of the Minister of Social Security, a stay permit of up to one year, which is renewable from time to time for up to one year, may be granted: a. to aliens who do not meet the conditions of legal stay and whose departure or removal from the Greek territory is impossible, in particular for humanitarian reasons. The relevant application submitted by the above mentioned persons is examined provided that they did not enter Greece illegally or for tourist purposes. Competent Service for the submission of the application is the Aliens and Immigration Directorate of the Ministry for Home Affairs, Public Administration & Decentralisation. Pending applications are examined in the context of this provision. b. to aliens who have been forced, for reasons of force majeure, to leave their country of citizenship. The permit shall be temporary and shall expire as soon as the reasons for which it has been granted cease to exist; c. to alien scientists who have been distinguished for their contribution to research and science; and d. to alien scientists of new technologies and in particular computer science. The stay permits of this paragraph as well as the stay permits granted according to article 13 of Law 2713/ that have not expired give their holders the right to work legally without further requirement. In particular there is no need to pay any of the bonds mentioned in article 71 for the issuance of stay permits granted for humanitarian reasons. 5. By decision of the Secretary General of the Region stay permit up to five (5) years is granted to aliens, parents of Greek citizens or parents of Greek citizens, who acquire the Greek citizenship based on their Greek origin. Upon expiration this stay permit is renewed every time up to five (5). The holder of such a stay permit is entitled to work legally without further requirement. 6. By decision of the Secretary General of the Region stay permit is granted: a. to aliens recruited to work as administrative personnel or for the provision of cleaning services in diplomatic missions accredited in Greece, as well as to their spouses and minor children. b. to the adult children of diplomats who are accredited in Greece. The stay permit is granted for a period equivalent to the period of employment of the alien by the diplomatic mission and it gives its holder the right to work legally in Greece only for the cases of aforesaid passage a) of this paragraph. The application for the issuance of the stay permit of this paragraph is filed with the Aliens and Immigration Service of the Region of Attica and is processed without implementation of the provisions of article 8 of the present Law. 7a. By decision of the Secretary General of the Region a stay permit may be granted to the correspondents of foreign press accredited to the Ministry of Press and Mass Media as to the members of their families as defined in paragraph 2 of article 28 of the present law. The stay permit is granted for a period up to one year and it is renewed every time for one year. The application for the issuance of the stay permit of this paragraph is filed with the Aliens and Immigration Service of the aliens place of 9 The Law 2713/1999 is repealed by Law 2910/2001. This provision is a transitory one. In fact it will be applied until , as all stay permits are automatically renewed until this date according to the relevant provisions of Law 3013/2002 and 3103/
19 residence and is processed without the implementation of article 8 of the present law. The documents submitted with the application are: a) copy of the passport or of the travel document of the alien bearing the entry visa and b) certificate of the Ministry of Press and Mass Media for the professional qualification of the alien and the period of its accreditation. b. By joint decision of the Ministers of Foreign Affairs and Home Affairs, Public Administration and Decentralisation stay permit may be granted to aliens on grounds of justified national interest. The holder of such a permit is entitled to work legally without further requirement. The stay permit is granted for one year and can be renewed for one year. The application for the issuance of the stay permit of this paragraph is submitted to the Aliens and Immigration Service of the Ministry for Home Affairs, Public Administration and Decentralisation and is processed without the implementation of article 8 of the present article. 8a. It is allowed the entry of Christian alien for study purposes in the Ecclesiastical Academy of Mount Athos 10 provided he was previously granted entry visa for this purpose. The alien who wants to be granted the entry visa has to submit to the Greek Consulate of the place of his residence: aa. passport or any other travel document. ab. Certificate of the Ecclesiastical Academy of Mount Athos that he is admitted to study and that he will be provided food and shelter in its boarding house. ac. Certificate of one Holy Monastery or institution or private individual person on the exercise of the custody of the alien and the coverage of the studies and living cost in Mount Athos. ad. Certificate of the Holy Administration or one Holy Monastery or institution or private individual responsible for the custody of the alien that he will cover the hospitalisation and medical treatment expenses, and ae. Transcript of criminal record issued by the foreign authorities. b. At least two months before the expiration of the entry visa the alien has to submit to the Holy Administration of Mount Athos application for the issuance of stay permit. In addition to his application the alien has to submit: ba. A copy of passport or of any other travel document bearing the entry visa, bb. certificate of registration at the Ecclesiastical Academy of Mount Athos, bc. Certificate of one Holy Monastery or institution or private individual person on the exercise of the custody of the alien and the coverage of the studies and living cost in Mount Athos. 10 Article 11 para. 1 of Law 3074/2002 provides for the issuance of stay permit to aliens who want to visit Mount Athos. The article reads as follows: 1. Following application of any alien who is holder of special entry visa addressed to one of the twenty Holy Monasteries of Mount Athos and upon recommendation of the Holy Administration it is allowed the issuance of stay permit in the area of Mount Athos for study or acquaintance purposes of the monastic life of Mount Athos. The permit is issued by decision of the Minister for Home Affairs, Public Administration and Decentralisation provided that the hosting Holy Monastery certifies that it will be provided to the alien shelter and food and that it will be covered all living as well as hospitalisation and medical treatment expenses. The stay permit is granted for one year and can be renewed for yearly periods. The hosting Holy Monastery refers to the Ministry for Home Affairs, Public Administration and Decentralisation the recommendation of the Holy Administration and the aforesaid application of the alien concerned, to which are attached the following documents: a) a health certificate, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned and b) a transcript of criminal record. 19
20 Bd. Certificate of a Holy Monastery or institution or private individual, responsible for the exercise of the custody of the alien, on the coverage of the hospitalisation and medical treatment expenses, and, Be. a health certificate, issued by a domestic hospital or health centre or infirmary and surgery of the Social Security Foundation (IKA) to the effect that the alien does not suffer from any disease which, according to international standards and the World Health Organisation (WHO), may be a risk to public health. The expenses shall be borne by the alien concerned. c. The stay permit of the alien is granted by decision of the Secretary General of the Region following the recommendation of the Holy Administration without the implementation of the provisions of paragraphs 5 to 8 of article 8 and of articles 10 to 18 of the present law. d. The stay permit is granted for the duration of the studies and can be renewed for one more year. Article 38: Entry of Aliens for Stay of a Few Days An alien entering the country for tourism, congresses, cultural and sport events and generally for stay of a few days may stay temporarily, without a stay permit, for a time period equal to the term of the consular visa or a time period of three months, if the alien is allowed to enter the country without a consular visa. An extension of the stay time for up to six more months may be granted to the alien on exceptional grounds, mainly for reasons of force majeure, humanitarian, professional or other serious personal reasons, provided that he has sufficient resources to meet his living expenses. The application shall be submitted before the expiry of the visa or the free stay time to the police authority of his residence and it is registered in his passport in the form of stamp. CHAPTER I RIGHTS AND OBLIGATIONS OF ALIENS Article Aliens staying legally in Greece shall be insured with the appropriate social security organisations and enjoy the same social security rights as Greek nationals. 2. The provisions on social protection of L.D. 57 / 1973 for the time being in force shall apply to aliens staying legally in Greece. 3. Upon entering a detention facility, alien detainees shall be informed, in a language they understand, the main details of their life in the facility, their rights and obligations. Their communication with the diplomatic or consular agents of their State of origin shall be facilitated. 4. The acts described in articles 1 to 3 of L. 927 / (Official Gazette 139 A ) shall be prosecuted ex officio. 5. An alien staying legally in Greece and temporarily exiting the Greek territory shall be entitled to re-enter provided that his stay permit is still valid at the time of his return. Article 40: Access of Minor Aliens to Education 1. Minor aliens who stay on Greek territory shall be liable to minimum compulsory education, like Greek nationals. 11 This law provides for the prosecution of racist crimes. 20
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