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Residence permits for foreign employees and legal representatives of offices established pursuant to Emergency Law 89/1967 (Law 3427/2005)

Iason Skouzos & Partners > Practice Areas  > Immigration Law  > Residence permits for foreign employees and legal representatives of offices established pursuant to Emergency Law 89/1967 (Law 3427/2005)

Residence permits for foreign employees and legal representatives of offices established pursuant to Emergency Law 89/1967 (Law 3427/2005)

Article 17(1)(d) of Law 4251/2014 (the Hellenic Immigration Code) allows third country citizens who are employees and legal representatives who will work exclusively in companies in the Law 3427/2005 scheme to enter Greece after they have obtained a Greek entry visa. These third country citizens will be given a 2-year residence permit or a permit valid for the length of their planned stay in the country, which may be renewed every 3 years provided they continue to meet the conditions laid down by the law. Third country citizens may be accompanied by family members who will receive a residence permit to ensure family unity, which will expire when the main residence permit holder’s permit expires.

In order to obtain a national entry visa and a residence permit such persons must submit not only the supporting documents required in normal cases (copy of criminal record, medical certificate, insurance for full Medicare, hospital care and loss of income, and proof of payment of the relevant fee, etc.) but also:

– A recent certificate from the Ministry of Economy & Finance confirming that the company operates in accordance with Law 3427/2005 and (depending on whether the applicant is the legal representative or an employee of the company)

– A recent certificate from the Ministry of Economy & Finance showing his appointment and the name of the company’s legal representative or

– An attested copy of the employment contract showing the length of employment, the job in the company for the third country citizen and the monthly pay.

To renew the residence permit, in addition to the general supporting documents (fees and insurance coverage, etc.) one must also submit:

– A tax clearance form

– A certificate from the Ministry of Economy & Finance confirming that the company continues to operate, if appropriate.

– A recent certificate from the Ministry of Economy & Finance showing his appointment and the name of the company’s legal representative or

– An attested copy of the employment contract if the initial contract was for a fixed term and a new one has been signed or

– A certificate from the company or its legal representative attested as to the authenticity of the signature by a public authority (if the initial employment contract was open-ended) accompanied by a copy of the initial contract showing that the third country citizen continues to be employed in the same job in the company.

Lastly note that Article 8(11) of Law 2166/1993 states that undertakings which establish offices in Greece on the basis of Emergency Law 89/1967, inter alia, are exempt from the obligation to insure their foreign staff with the IKA, NATE, TANPY Funds, or other public social security providers or supplementary insurance funds in Greece for the entire period that the work or residence permit for those employees is valid, with the exception of foreign staff from EU countries and countries where the length of insurance is recognised in Greece on the basis of bilateral insurance conventions between those countries and Greece.

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