Currency note: This article reflects the law and deadlines in force at the time of publication (March 2024). The application deadline mentioned (31/12/2024) has since passed. Please contact us for the currently applicable legislation.
Article 193 of Law 5078/2023 established a new-type residence permit, of three years' duration, granted to third-country nationals who resided in Greece until 30/11/2023 without legal documentation and who have completed three years of uninterrupted residence in the country prior to filing the relevant application, provided that they hold a statement of a job offer from an employer in Greece. The relevant application must be filed by 31/12/2024.
Because of the very intense public debate that preceded the passage of the relevant provision, and the breadth of the circumstances of the beneficiary third-country nationals, many myths have arisen, belonging to the realm of rumour and misinformation. Below we examine (and debunk) some of them.
Myth 1
Myth: The new-type residence permit obliges the third-country national to remain with the same employer for its entire duration.
Fact: The employer who, at the time of the initial application, certifies by sworn statement their intention to employ the third-country national must proceed with hiring them immediately after the issuance of the application-filing certificate. After concluding the employment contract with the same employer and notifying the competent authority of it, the employee retains the right to continue their employment with the same or a different employer.
Myth 2
Myth: The new-type residence permit concerns only full-time employment (8-hour workdays) or requires an employment contract of a specific duration.
Fact: There is no restriction on the employment arrangement or on the duration of the employment contract. Accordingly, a fixed-term or open-ended, full-time or part-time employment contract is possible.
Myth 3
Myth: To apply for the new residence permit, I must have completed three years before 30/11/2023.
Fact: The requirement is three years of uninterrupted residence in Greece prior to filing the application. Since applications may be filed up to 31/12/2024, third-country nationals who complete three years by that date fall under the new provisions.
Myth 4
Myth: With the residence permit under article 193 of Law 5078/2023 (or the application-filing certificate), I cannot travel to my country of origin.
Fact: The new-type residence permit, like the application-filing certificate, as with all other categories of residence permit, allows its holder to travel to and from their country of origin. In addition, the residence permit that will be issued may be used as a Schengen Visa, for travel within the Schengen area, for tourist purposes.
Myth 5
Myth: The new-type residence permit is valid for only three years and cannot be renewed.
Fact: Article 193 paragraph 7 of Law 5078/2023 expressly provides that, upon expiry of the residence permit, there is the possibility of changing category, in accordance with the provisions of the Immigration Code.
Myth 6
Myth: If I obtain the residence permit under article 193 of Law 5078/2023, I cannot apply for family reunification and bring my family to Greece.
Fact: Since there is no specific provision to that effect in the wording of the law, the general provisions of the Immigration Code apply. Under any residence permit regime, a basic requirement for family reunification is the applicant's lawful residence in the country for at least two years prior to filing the application. Accordingly, as with other categories of residence permit, after the lapse of two years of lawful continuous residence of the third-country national in Greece, and provided that the residence permit applied for has already been issued, they are entitled to apply for family reunification.
Myth 7
Myth: Anyone who holds the new-type residence permit can never obtain Greek citizenship.
Fact: The provisions of article 193 of Law 5078/2023 and of the Greek Citizenship Code do not include any such restriction. In any event, a basic requirement for acquiring Greek citizenship through naturalisation is prior lawful continuous residence in Greece for a number of years; accordingly, holders of the new residence permit who previously lived in Greece without legal documentation are not, in any case, able to be naturalised as Greek citizens on that account alone.
Myth 7+1
Myth: I have filed an application for a residence permit on exceptional grounds. To apply for the new-type residence permit, I must withdraw my previous application and pay the fee again.
Fact: Article 193 paragraph 10 of Law 5078/2023 expressly provides for pending applications for a residence permit on exceptional grounds, under which it is possible to amend the relevant request, without prior withdrawal, using the fee already paid.
The above myths, and others created daily, have fostered a climate of fear and concern among many beneficiaries. Inadequate information, the ease of access to (incorrect) information on social media, and seeking legal services from professionals in other fields or from private individuals who lack the necessary legal training, rather than from a lawyer, carries real risks and may hold unpleasant surprises.