Support in the recruitment process of a non EU citizen
As a crossroads of trade routes, Greece is a host country for many migrants, therefore the Immigration Code, as it is in force, reflects and regulates the economic and social changes that occur in the movement of populations. A basic, if not the most basic reason for the movement of non-EU citizens is to find employment, but also more specialised employment for non-EU citizens who move to Greece as specialised personnel and in the context of more specialised forms of employment. The Immigration Code currently in force is governed by Law no. 4251/2014, as amended and in force, however Law No. 5038/2023, which was passed on 30.03.2023, introduces a new Immigration Code with effect from 01/01/2024, which, among other things, regulates in detail the terms and conditions under which a non-EU citizen can legally work within the Greek territory. There are various categories of employment in the Greek territory, which differ depending on the type and duration of the work, the speciality of the non EU citizen and the needs of the companies operating in the Greek territory. Specifically for the provision of dependent work, the following permits are provided for.
In particular:
Invitation procedure
(the procedure by which the entry and residence of a non-EU citizen for the purpose of providing dependent work in Greece, for a specific employer and for a specific type of employment)
Employer Invitation Request – Issuance of a Residence Permit for the provision of dependent work
The relevant procedure is provided for in Articles 26 and 27 of the New Immigration Code and according to these, an Act of the Council of Ministers issued in the last quarter of each year, on the recommendation of the Minister of Labour and Social Affairs, determines the maximum number of positions for dependent and seasonal work based on the annual needs of the country and employment category. The maximum number of posts shall be determined by occupational specialty, based on the European Standard Classification of Occupations ESCO. The same act may provide for an increase in the maximum number of posts of up to ten per cent (10%) to cover unforeseen and exceptional needs, as well as any other relevant details. Once a year, the Ministry of Labour and Social Affairs consults the Economic and Social Committee (ESC) and the Public Employment Service (PES) on the short- and medium-term conditions of the Greek economy, taking into account: a) the labour supply of nationals, European citizens or legally resident non-EU citizens, b) the unemployment rate and c) the number of postings made in previous years. The Act of the Council of Ministers also defines the list of employment sectors to which the regulations for the admission of third-country nationals for the purpose of seasonal employment (i.e. activity carried out in Greece for a period of up to nine (9) months in total, per period of twelve (12) months, in a sector of seasonal employment of a periodic nature within the year. Such sectors are defined as sectors related to seasonal conditions during which the necessary level of labour force is significantly higher than that required for normal activities). Any employer wishing to hire personnel for the provision of dependent labour shall submit an application via the online services of the Ministry of Immigration and Asylum, indicating the number of jobs, the data and nationality of the non-EU citizens to be employed, the speciality, the sector and the period of employment, accompanied by the supporting documents as described in the circulars of the Ministry. If the supporting documents are complete and the number of the envisaged positions (for highly qualified employment, secondment, seasonal work) has not been exhausted, an act is issued by the competent department approving the employment of the third-country national with a specific employer. The relevant act of approval is transmitted by e-mail, together with the employment contract signed by the employer, to the competent Greek consular authority. The competent Greek consular authority shall invite the third-country nationals concerned, for whom an act of approval has been issued, to enter Greece for the purpose of employment. The persons concerned must present themselves in person at the above-mentioned office to sign the relevant employment contract and be issued with a national entry visa, subject to the general and specific provisions on visas.
The above is provided for the granting of the national entry visa. For the granting of the residence permit, Article 61 of the New Immigration Code provides that any employer who wishes to employ the personnel referred to in para. 1 for dependent work, based on the jobs included in the Act of the Council of Ministers of Article 26, submits, via the electronic services of the Ministry of Migration and Asylum (via https://portal.immigration.gov.gr/aitiseis-metaklisis-ergodoton, where the procedure and the individual supporting documents to be uploaded by the employer concerned are described in detail) , an application to the Directorate of Aliens and Migration of the Decentralized Administration within the boundaries of which the employer has its headquarters, stating the number of the employer’s headquarters and the number of the employer’s residence. The application is accompanied by: a) a valid employment agreement for at least one (1) year in Greece, which shows that the remuneration is at least equal to the monthly earnings of an unskilled worker and b) a tax statement or a copy of a tax declaration of a legal entity, which shows that the employer is able to pay the monthly earnings as specified in the employment contract. Together with the application, the employer shall submit proof of payment of a fee of two hundred (200) euros for each third-country national he wishes to employ, which shall be collected for the benefit of the State and shall not be refunded.
It follows that, based on the new regulations, the duration of the residence permit is equal to the period of employment declared by the employer, and in any case equal to at least one year.
For the current period, although the implementation of the new law has not yet started, the KYA 35400/03.04.2023 (Government Gazette B’ 2189/2003) has been issued regarding the determination of the maximum number of residences permits for third country nationals for the years 2023 and 2024. It provides for the number of jobs per category of residence permit (dependent work, seasonal work, highly skilled work).
Admission of citizens for the purpose of highly qualified employment
Another category of residence permit for non-EU citizens in Greece for employment is highly skilled employment. The terms and conditions are regulated in Articles 31-41 of the New Immigration Code, which stipulates that a third country citizen who applies for an EU Blue Card under the conditions of this Chapter must meet the following requirements: (a) Present a valid employment agreement relating to highly qualified employment, lasting at least six (6) months in Greece, which shows that his/her gross annual salary as derived from the monthly or annual salary specified in the above contract is not less than the national minimum wage for highly qualified employment. The minimum wage threshold for highly qualified employment of the previous subparagraph is equal to one sixth of a point (1.6) of the average gross annual wage in Greece. b) If it concerns professions not regulated by law, provide documents certifying the relevant high professional qualifications in relation to the work to be performed. c) If it is a legally established profession, to present documents certifying that he/she meets the requirements of p.d. 38/2010 (A’ 78), on the adaptation of Greek legislation to Directive 2005/36/EC on the recognition of professional qualifications, for the exercise of the profession specified in the employment contract. d) To present a valid travel document (i.e. valid travel document (i.e. valid for at least three (3) months after the last scheduled date of departure, containing at least two (2) blank pages and issued within the previous 10 years, unless he/she does not have such a travel document, in which case the application will be examined on a case-by-case basis) and a national entry visa for the purpose of highly qualified employment. e) Provide evidence of the existence of sickness insurance for all risks covered for nationals in respect of periods during which he/she is not, by virtue of his/her contract of employment or in connection therewith, provided with similar insurance cover or corresponding entitlement to benefits. f) There is no risk to public order and security or public health, in accordance with Article 8. g) Provide his/her address of residence in the country, if he/she knows it, and his/her permanent address at the latest at the time of issue of the Blue Card.
Regarding the distinction between non-legislated and legislated professions and the way of certification, according to what has been defined so far (https://migration.gov.gr/migration-policy/metanasteusi-stin-ellada/katigories-adeion-diamonis-politon-triton-choron-dikaiologitika%E2%80%8B/ where the supporting documents per category are posted under the current Migration Code (article 114 of Law 4251/2014), the following applies: in the supporting documents, requested per case, it is defined that “If it is a legally regulated profession, a certificate/certificate of the Independent Department for the Implementation of the European The determination of the applicable provisions in each case is carried out on the basis of the description of the profession in the relevant employment contract. In the case of a non-regulated profession, a higher education diploma or evidence that the profession specified in the employment contract has been pursued for at least five years and that the professional experience in question is recognized by national legislation.”
As mentioned above, the current CBA on the determination of the maximum number of residences permits for third-country nationals for the years 2023 and 2024, provides for specific positions in specific regions for third-country nationals employed under the highly qualified status.
It is noted that: If the third country citizen has not entered the Greek territory, an application for a national entry visa for the purpose of highly qualified employment for an “EU Blue Card” is submitted by the employer. The third country citizen applies to the Directorate of Residence Permits of the Ministry of Immigration and Asylum for the issuance of an “EU Blue Card” after his/her entry into the country and before the expiry of the national entry visa. For the submission of the application, the applicant shall pay the prescribed fees and charges, i.e. 150,00€
The EU Blue Card is valid for two years. If the employment contract covers a period shorter than the above-mentioned period, the EU Blue Card is valid for at least the duration of the employment contract, plus three (3) months, but not for a period exceeding two (2) years. If the period of validity of the EU Blue Card holder’s travel document is shorter than the period of validity of the EU Blue Card itself, the EU Blue Card shall be valid for at least the period of validity of the travel document.
As regards the time of processing, Article 37 par. 1 of the New Immigration Code states that: Provided that: a) the requirements of Article 31 are met, b) the applicant has submitted an application in accordance with Article 33 and c) the reasons for rejection of Article 35 do not apply, a residence permit for the purpose of highly qualified employment (residence permit type “E.1” – “EU Blue Card”) is granted by decision of the Minister of Immigration and Asylum.1. This decision shall be issued and notified no later than ninety (90) days from the date of submission of a complete application. If the employer has been recognised in accordance with Article 38, the decision on the application for an EU Blue Card shall be issued and notified no later than thirty (30) days from the date of submission of a complete application. In Article 38 par. 1 provides that for third-country nationals who are to be employed by employers who are recognised in accordance with the decision in par. 33 of Article 176, a simplified procedure for obtaining an EU Blue Card shall apply. The recognition procedures do not impose disproportionate or excessive administrative burdens or costs on employers, on small and medium-sized enterprises.
Finally, the new law, in Article 50, refers to Annex I of Directive 2021/1883 (Managers and professionals in the field of information and communication technologies who have acquired at least three years of relevant professional experience within the seven years prior to applying for an EU Blue Card, belonging to the following groups of the ISCO-08 classification: 1) 133 Information and communication technology service managers; 2) 25 Information and communication technology professionals).
Admission of citizens for the purpose of intra-corporate transfer
Articles 53-58 regulate the conditions and procedure for the admission and residence of third-country nationals in the context of intra-corporate transfers. Thus, in Article 53 par. 1 stipulates that: a third-country national who applies for admission under the terms of this Regulation: a) presents a valid passport or other travel document recognized by Greece and carries a national entry visa for the purpose of intra-corporate transfer, if required. The period of validity of the travel document must cover at least the initial period of the residence permit. The competent consular authorities of the country shall grant the third-country national every facility for obtaining the required visa, b) provide evidence that the host entity and the enterprise established in a third country belong to the same enterprise or group of enterprises within the meaning of para.oc’ of Article 4, c) present certificates of the last three (3) months for the host entity and for the enterprise established in a third country, from the relevant Chamber of Commerce or other public authority certifying the legal establishment and operation of the companies and the persons who bind the companies by their signature, d) present a copy of the host entity’s articles of association, e) present an employment contract and a letter of delegation of responsibilities from the employer, from which the following can be deduced: ea) the duration of the transfer and the place of establishment of the host entity or entities; eb) evidence that the third-country national occupies a position as an administrator, skilled worker or trainee in the host entity or entities; ec) the level of remuneration, which must not be lower than that granted to nationals employed in similar positions in accordance with the legislation in force, ed) the other terms and conditions of employment applicable during the intra-corporate transfer, in accordance with par. 1 of Article 3, with the exception of subpara. D, of Decree 30/2021 (A’ 75), ee). evidence that the third-country national, after completion of the intra-corporate transfer, will be able to transfer to an entity belonging to the same undertaking or group of undertakings established in a third country,
f) provide evidence of employment within the same undertaking or group of undertakings for at least twelve (12) consecutive months immediately prior to the date of the intra-corporate transfer in the case of managers and skilled workers, and for at least six (6) consecutive months prior to the same date in the case of trainees; g) provide evidence of higher education qualifications or evidence that the third-country national has the professional qualifications and experience required in the host entity to which he or she is to be posted as a manager or skilled worker or, in the case of trainees, that he or she has the required university qualifications, h) submits, where applicable, supporting documents certifying that he or she fulfils the conditions laid down for citizens of the European Union to pursue the regulated profession to which the application relates, i) submits, where applicable, supporting documents certifying that he or she fulfils the conditions laid down for citizens of the European Union to pursue the regulated profession to which the application relates,
The specific individual supporting documents, as requested by the competent authority during the current period, according to the current Migration Code and specifically according to article 127Α of Law 4251/2014 are, in addition to the general ones: 1. Confirmation that an application has been submitted to the relevant insurance institution to cover hospitalization, health care and occupational accident expenses or an insurance policy from a private insurance institution, where this is permitted by the legislation in force. 2. Evidence that the host entity and the enterprise established in a third country belong to the same enterprise or group of enterprises; 3. Recent certificates for the host entity and for the enterprise established in a third country from the relevant Chamber of Commerce or other Public Authority confirming the legal establishment and operation of the companies and the persons who bind the companies by their signature; 4. A copy of the host entity’s articles of association; 5. A certified copy of the employment contract and letter of delegation from the employer, showing the following: a. The duration of the transfer and the place of establishment of the host entity or entities; b. Evidence that the third-country national occupies a position of manager, skilled worker or trainee worker in the host entity or entities; c. A certified copy of the employment contract and letter of delegation from the employer, showing the following: a. The duration of the transfer and the place of establishment of the host entity or entities; b. Evidence that the third-country national occupies a position of manager, skilled worker or trainee worker in the host entity or entities; c. the level of remuneration, which should not be lower than that provided to nationals employed in similar positions in accordance with the legislation in force; d. the other terms and conditions of employment applicable during the intra-corporate transfer, in accordance with paragraph 1. 1 of Article 4, with the exception of point c of Decree 219/2000, e. evidence that the third-country national, after completing the intra-corporate transfer, will be able to transfer to an entity belonging to the same undertaking or group of undertakings established in a third country, 6. evidence of employment within the same undertaking or group of undertakings for at least twelve consecutive months immediately prior to the date of the intra-corporate transfer in respect of managers and skilled workers; 7. higher education qualifications or evidence that the third-country national possesses the professional qualifications and experience required in the host entity; 8. Where applicable, supporting documents certifying that he/she fulfils the conditions laid down for citizens of the European Union to exercise the regulated profession to which the application relates.
It follows that the New Migration Code does not differ from the current one in the above respects.
Finally, it is worth noting with regard to the special purpose permit, where Article 17 of the current Immigration Code provides for the granting of this permit to members of the boards of directors, shareholders, managers, legal representatives and senior executives (general managers, directors) of domestic companies, as well as subsidiaries and branches of foreign companies that are legally engaged in commercial activity in Greece, provided that they submit to the competent consular authority a copy of the Gazette of the Government Gazette publishing their appointment or election and, in case of non-publication, a copy of the company’s articles of association or a copy of the decision of the company’s competent body on their status as members of the board of directors or managers or legal representatives or general managers or directors. “The entry and residence of third country citizens who are to operate or be employed, in the above capacities, in domestic companies, is only allowed if the domestic company employs at least twenty-five (25) employees, this possibility has been eliminated in the New Immigration Code, where the special purpose residence permit is provided for and regulated in Article 59 and where there is no equivalent provision to the above provision.
* The information is accurate to the best of our knowledge as at the time of writing. We have no obligation to update it. We accept no responsibility against any third party who is not a client of the firm and has not signed the terms of our engagement.