As of December 2023, a new law has been enacted in Greece, introducing a new type of residence permit for work for undocumented individuals. This aims to provide legal status for those living in Greece without a proper permit, resolve the major issue of labour shortages, eliminate the phenomena of undeclared work, and ensure public order and security. Here's what you need to know about the eligibility criteria and application process for this new residence permit.
Please note that the application deadline is December 31, 2024, through the Ministry of Migration's platform.
- To apply for this type of residence, you must be undocumented by the time you file the application. If you have previously applied for any kind of residence permit or for asylum and you were rejected or if you had in the past a residence permit but subsequently lost your legal residence statusyou can still apply for this new type of residence permit.
- If you hold a valid residence permit or if you have submitted an application for its renewal, you do not have the right to apply for this type of residence permit, even if you request the withdrawal of your residence permit.
- Ιf you are currently under administrative detention, you have the right to apply, but not in person. Only an authorized lawyer holding a power of attorney signed in front of a notary public, can submit the application on your behalf.
Eligibility Criteria
To be eligible for the new residence permit, you must meet the following requirements:
- Job Offer declaration: You should have a declaration of a job offer from an employer based in Greece. The job offer needs to be proven by a solemn declaration from the employer.
- Previous Residence: You must have been residing in Greece until November 30, 2023, without holding a valid residence permit, and you still live in Greece.
- Three consecutive years: You should have been in Greece for at least three consecutive years, proven by documents indicating specific dates.
- Valid Passport: You have a passport, even an expired one. If it is impossible for you to issue a national passport due to objective reasons, you might still be eligible for this residence permit.
- Security clearance: You must not be considered a threat to public order or national security.
However, if you belong to one of the following categories, you can still apply:
Asylum seekers: Asylum seekers whose application is pending on the first or second instance can apply for this residence permit. However, you must withdraw your asylum application after receiving confirmation of a successful submission and provide a copy of the withdrawal to the relevant authority. Find below in the article all the documents you will need to submit for this application through the online Ministry of MIgration Portal.
Keep in mind that if you are granted refugee status, you have the right to renew your residence permit every three years, provided that you continue to meet the relevant criteria. On the other hand, as mentioned right below, this type of residence permit for work is granted only once.
Pending applications for exceptional reasons: If you have a pending application for a residence permit for exceptional reasons, you have the right to request a change to the application for this new type of residence permit. You can submit your new applications through the online Ministry of Migration Portal. For this application, you will need:
- The solemn declaration of an employer committing to hire you.
- Documents of a certain date proving your 3year consecutive residence in Greece.
- Solemn declaration stating your place of birth in Latin characters, in case it is not written in your travel document/passport or in any other official documents.
- In case you have been an asylum applicant in the past and you have withdrawn your application, you need also to submit a copy of the withdrawal to the relevant authority.
- You don’t need to submit again a copy of the payment of the administrative fee.
It is advised to seek professional legal help before submitting the application to ensure that your file is complete and, if you are an asylum seeker or have already applied for exceptional reasons, to determine whether withdrawing from your asylum application or converting your exceptional reasons application to this type of residence permit is the best option for you based on your circumstances.
Important Points
- The residence permit is valid for 3 years and can be issued only once, with the possibility of renewal if criteria for a different type of residence permit under migration law are met.
- Successful applicants gain access to both dependent employment and the provision of services.
- It's important to start working after receiving the submission confirmation. Otherwise, your application will be rejected.
- For married individuals with minor children, spouses and children can also obtain a residence permit, provided they reside in Greece before November 30, 2023. However, spouses are ineligible if you do not have minor children in Greece.
- Τhis residence permit is only valid for work in Greece and cannot be used to work in any other country.
- If you have applied for the issuance of a residence permit after the 1st of April 2023 and your application was rejected or was not examined because the authorities considered that you have provided false information or fake documents or you did not meet the requirements set by the law, you cannot benefit from this new type of residence permit.
- You should never apply for a residence permit without meeting the requirements set by the law, as the consequences are very harsh. For example, if you give false information or provide fake documents, you will not have the right to apply for any type of residence permit for 5 years.
What are the documents that I should provide?
The documents required are the following:
- Photocopy of all the pages of the passport. It is a prerequisite for granting the residence permit the possession of a passport, even if it has expired. A residence permit shall also be granted in cases where it is established that it is objectively impossible for the applicant to issue a passport. If you cannot issue a national passport, you can submit a reasoned request explaining why you cannot possess a passport. In that case, you will be provided with an attestation following an opinion by the competent Immigration Committee.
- An administrative fee ("paravolo" in Greek) of 300 euros. You can issue the paravolo (administrative fee) online here or go to a KEP. Then you need to pay it at the bank and keep the receipt or pay it via web banking and print the proof of the transaction. If you pay it via web banking, you will find the payment by using the code of the paravolo "2108"
- Administrative fee of 16 euros. You can issue the paravolo (administrative fee) online here: https://www1.gsis.gr/sgsisapps/eparavolo/public/welcome.htm or go to a KEP. Then you need to pay it at the bank and keep the receipt or pay it via web banking and print the proof of the transaction. If you pay it via web banking, you will find the payment using the paravolo code 2119.
- Documents of a certain date proving the consecutive residence of the person in Greece. The documents should be scanned and uploaded to the platform when applying for the application.
Documents that are valid and can be used as proof of your consecutive residence can be the following:
- Certificates of attendance in public educational institutions in Greece by the applicant or their children
- Certificates of attendance of Greek language courses
- Applications for any type of residence status or international protection
- Copies of rejection decisions regarding applications for acquisition or renewal of residence permits
- Previous residence permits, regardless of the issuing authority
- Copies of previous tax declarations
- Copy of fiscal code acquisition (AFM)
- Insurance certificate by a public social insurance organization.
- Health booklets
- Any bills (electricity, telecommunications etc.) in the name of the applicant
- Bank bills
- Receipts of international transactions
- Judicial decisions
- Deportation decisions
- Copies of previous passports (all the pages)
- Declarations from the registry office
- Documents which prove hospitalization
- Notarial acts which were composed in the presence of the applicant
- Police note ordering the deportation
- Extract of the crime and offences book kept by the police stations
- Certificate for the issuance of an urban transport card
- Any other document issued by a public authority
- Other private documents (except solemn declarations) might be acceptable if certified by a notary public or other public official regarding their date of issuance.
If the application is complete, you will receive an email certificate proving that you have successfully filed it within 40 days of submitting it. Once you have the certificate, you can start working legally.
Within 60 days of receiving the aforementioned certificate/receipt, you MUST submit to the competent service proof (Form of Recruitment Notification (ERGANI E3 FORM) that you have started working, otherwise, your application will be rejected.,
Important! The employer that will hire you must be the same as the one that committed to hire you by signing the abovementioned solemn declaration. That means that if, within the 60 days after the submission of your application, you quit your job, you are fired, or you start working for a new employer, your application will be rejected. In that case, you have the right to submit a new application if you find a new employer willing to hire you. After the issuance of the residence permit, you have the right to start working for a new employer. In case you stay unemployed for a long period of time, your residence permit might be withdrawn, but this provision will start being implemented after a ministerial decision on the matter is issued.
For the time being, there are no official and clear guidelines, but we will inform you of any updates.