Legalization and provision of a new type of residence permit for illegal foreigners staying 3 years in Greece until 30/11/2023

The amendment to the Immigration Code, voted for in Parliament on December 19, 2023, provides for the conditions for obtaining a residence permit for working foreigners who have been in the country illegally for at least three years until November 30, 2023.

In particular, the new law provides possibility of legalization migrants who work in Greece. The purpose of this provision is to bring these workers out of anonymity and from the black labor market, providing them with legal employment opportunities, given the increased need for labor in all low- and medium-skilled sectors of the Greek economy.

In addition, a residence permit will only be issued if the third-country national proves that he has an offer of work from an employer in Greece in the status of dependent labor and provision of services legally, in accordance with the applicable provisions of labor law.

To be able to apply for a residence permit, a foreigner must have the following prerequisites:

• A responsible statement from the employer regarding the provision of employment for a foreigner in Greece.
• Stay in Greece until November 30, 2023 without a residence permit.
• Permanent residence in Greece for at least three years until November 30, 2023, the fact of which will need to be proven by the presence of identifying and supporting documents.
• Having a passport, even if it has expired.
• Absence of reasons for violating public order and public safety.
• Payment of state duty in the amount of 300 €.

If all of the above conditions are met, the illegal alien will be able to obtain a residence permit in Greece, which will give him the right to work, thereby helping to exit the status of undeclared employment, as well as receiving social security and health care.

Once an illegal alien receives a residence permit under the new law, his family receives this right to legal stay – thus the government has taken care of the smooth integration of all family members into Greek society and the fight against illegal migration. In particular, family members of a foreigner who are entitled to the above permit are the spouse, parent of the foreigner and his minor children, if they were in Greece before November 30, 2023 and did not have the opportunity to legalize themselves in person, for example, without having the necessary prerequisites.

Third-country nationals who meet the requirements of this regulation will be able to submit an electronic application for a residence permit until December 31, 2024 at the prefectures of their place of residence. After inspection by the competent authority, a certificate (βεβαίωση) is issued within 40 days from the date of application.

Then, within an exceptional period of 60 days from the receipt of the above certificate (βεβαίωση), proof of commencement of work with the employer who provided the responsible declaration must be submitted to the competent authority.

A residence permit of this category is issued once and is valid for 3 years from the date of submission of the relevant application. The holder of a residence permit, upon expiration of its validity period, can request a change of category, in which case he will be required to have valid public health insurance and a tax return.

Third-country nationals who, before the entry into force of this law, applied for a residence permit for exceptional reasons and were refused due to failure to comply with the condition of continuous residence for seven years in the country will be able to reapply in accordance with the conditions of the new law.

Also, based on the provisions of the new law, applications from third-country nationals for a residence permit for exceptional reasons submitted before the entry into force of the new law will be considered, provided that they provide, by December 31, 2024, the necessary additional documents required by the new law.

Third-country nationals who reside illegally in the country and are not subject to the provisions of this law are subject to the procedure of return to their country.

At this stage, an explanatory circular on the application of the new law is expected, as well as the regulation of the digital platform of the Ministry of Migration for applying for a residence permit.

Lawyer Svetlana Kasatkina – Kusku

website: www.kasatkinalaw.com

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