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Issuance of residence permit to financially independent persons

Iason Skouzos - TaxLaw > Practice Areas  > Immigration Law  > Issuance of residence permit to financially independent persons

Issuance of residence permit to financially independent persons

Under Article 163 par. 8 of Law 5038/2023 and by decision of the General Secretary of the Region, a three-year residence permit is granted to a third-country national provided that the third-country national has obtained a special visa (VISA D) and is in possession of sufficient resources corresponding to a stable annual income to cover the living expenses, which may be renewed for a period of equal duration subject to the fulfillment of the other requirements provided for in the applicable law. The amount of sufficient resources is laid down in a Joint Ministerial Decision pursuant to para. 51 of Article 176 of the aforementioned Law.

-Such third-country nationals may be accompanied by their family members under Article 163 par. 8b of Law 5038/2023, to whom an individual residence permit shall be issued following a relevant application, which shall expire together with the residence permit of the sponsor. The requirement of sufficient resources must be met either by each family member or by all family members in aggregate.

The sufficient resources must be equal to the minimum amount of three thousand five hundred (3,500) euros per month (i.e. forty-two thousand euros per year), as this amount is referred to in the relevant ministerial decision (article 1 par. 1(i) of ministerial decision 225679/2024). In the event that the said third-country national is accompanied by members of his family, this amount shall be increased by 20% for the spouse and 15% for each child. The total amount of the sufficient resources may be proved by a foreign pension scheme, by the bank account statement or by evidence that they are in possession in their own right of sufficient legally acquired financial means to cover the living expenses during their residence in Greece without providing salaried work or exercising any independent economic activity (both the sponsor and his/her family members). The assessment of sufficient resources is carried out either on a monthly basis (if periodicity of income is proven, such as from a pension or salary or dividends from abroad), or on an annual basis in the case of income from other sources (such as bank deposits). (In the event of third-country nationals entitled to a pension scheme from a Greek Public Insurance Carrier, the residence permit thereof may be renewed regardless of the amount of pension and without the condition of sufficient resources, on the basis of Article 163 para. 8d of Law 5038/2023).

This type of residence permit does not permit the holder to have any kind of access to the labour market.

NOTE

The family members shall include: a) the sponsor’s spouse, provided that he/she is 18 years or older (no more than 1 spouse allowed), b) the unmarried mutual children under 18 years of age, as well as the minor (under 18 years of age) unmarried adopted children in Greece by a court decision or by a foreign court decision that is automatically enforceable or has been declared enforceable or has been declared res judicata in Greece, c) the other minor children (under 18 years of age) of the sponsor and of his/her spouse, including adopted children, provided that the custody has been awarded either to the sponsor or to the spouse.

However, according to law provisions about family reunion, in the event of a polygamous marriage, neither a further spouse, nor minor children of a further spouse and the sponsor shall be authorized to get a permit of entrance and residence.

The procedure and the supporting documents required for the issuance of the relevant visa and the relevant residence permit are laid down below:

PROCEDURE

PHASE ONE – Granting of a type D visa by the competent Greek Consular Authority

The person concerned must appear in person at the Greek Consular Authority in his/her country or in the country where he/she legally resides and submit the following general and specific supporting documents. This procedure shall also include an interview, during which the real will of the interested party to live in Greece should be inferred and to be judged whether the applicant complies with the law prerequisites for entrance to the country or is dangerous for the public safety, health or international relationships.

The national visa D granted shall be valid for a maximum period of one year.

General supporting documents (Ministerial Decision 22343/2024)

1) Application for long-term visa.

2) Passport with an effective term exceeding at least three months after the intended date of departure from the territory of the Member States of the Schengen Convention or, in the case of several visits, after the last intended date of departure from the territory of the Member States, which has also at least two blank pages and was issued within the past ten years.

3) A copy of the criminal records kept by the foreign authorities. In case where the applicant is proven to reside in a country other than his/her country of origin for more than one year prior to the submission of the visa application, the Consular Authority may additionally request for a criminal record from the country of origin of the third country citizen, as long as the country of residence does not require a criminal record from the country of origin in order to grant the applicant a residence permit. If there are records of court judgments or pending criminal prosecutions, and with a view to verifying a possible threat to public order and security, a specific statement of grounds is requested by the Consular Authority, which also takes into account individual parameters, such as the severity of the offence, the recidivism and in general, the delinquent behavior of the third-country national.

4) A health certificate from a recognised public or private body demonstrating that the third-country national does not suffer from any disease that, according to the international data and the World Health Organization (WHO) and the EU rules, may pose risks to public health or other infections, communicable or parasitic diseases which require measures to protect public health.

5) Travel insurance with an effective term of a minimum period of one year, which shall cover the expenses that may be incurred in the event of repatriation on medical grounds, for emergency medical care and/or for emergency hospitalisation.

6) When submitting the application, the applicant is required to appear in person before the Greek consular authority, where the following biometric data will be collected:

– A photograph in hard copy or taken at the time of submission of the application, in accordance with the specifications of Regulation (EU) No 1683/95,

– Ten (10) of his/her fingerprints, in flat and digital format.

Specific supporting documents (Article 66 of Ministerial Decision 95391/2024)

– Documentary evidence as to the possession in their own right of sufficient legally acquired resources corresponding to a stable annual income, in the amount stated in the Ministerial Decision 225679/2024.

– Consular national visa fee of one hundred and eighty (180) euros.

NOTE

All foreign documents must bear the necessary attestation (apostille or an attestation by the Greek Consular Authority in the event that the country issuing the document has not concluded the Hague Convention) and must be officially translated into the Greek language.

FAMILY MEMBERS

Provided that

– according to the documentary evidence submitted by the initial applicant, the stable annual income, which shall be equal to the minimum amount of €3,500 per month, is increased accordingly for the family members, that is, by 20% for the spouse and by 15% for each child and

– their living and health care expenses shall not burden the national welfare system,

a national visa may be granted to these persons subject to a personal interview as long as they submit:

A) All the above general supporting documents (1-6) for the granting of the national visa.

B) A recent family status certificate issued by the competent local authorities proving the family relationship.

C) Consular national visa fee of ninety (90) euros.

PHASE TWO- Granting a three-year residence permit

Promptly upon entering Greece by virtue of the national visa and prior to its expiry date, the third country citizen is required to submit to the competent Greek authority an application and the supporting documents required for the issuance of the residence permit.

Supporting documents:

1) An exact photocopy of a valid passport or travel document recognised by our country.

2) Type D Entry Visa.

3) Electronic fee (e-payment), 1000 euros.

4) An insurance policy from a private insurance provider that fully covers his/her medical treatment and hospitalization during his/her stay in Greece.

5) Evidence proving that the person concerned has sufficient living resources, at a level of stable annual income without working in Greece (3,500 euros per month with a surcharge of 20% for the wife and 15% for each child). The amount of resources is mainly proved by receiving a foreign pension or by a domestic bank account.

6) Supporting documents for the issuance of the card:

a) One (1) recent color photograph in physical format, the technical specifications of which are the same as those of the photographs submitted for Greek passports, as applicable, as well as in digital format, either on an optical storage disc (CD) or on a magnetic storage medium (USB stick) in JPEG2000 graphic format. The photograph shall be submitted in person during the procedure for submitting the required biometric data, in accordance with the provisions of Article 14 of Law No. 5038/2023.

b) Fee for a standalone document card 16 euros (e- payment). The fee is submitted during the submission of the required biometric data, in accordance with the provisions of article 14 of Law No. 5038/2023 and shall be submitted by all applicants, irrespective of whether they are obliged to pay a fee for the issuance of the residence permit.

c) A declaration by the applicant stating his/her place of birth, if the place of birth is not indicated in the travel document or other public documents submitted. The solemn declaration shall state the place of birth in roman characters.

FAMILY MEMBERS

1. An exact photocopy of a valid passport or travel document recognized by our country.

2. Type D Entry Visa.

3. Electronic payment (e-payment), 150 euros. (Minors without fee)

4. Insurance policy of a private insurance company.

5. Certified copy of the residence permit of the sponsor.

6. Solemn Declaration that the family status has not changed/ family status certificate by foreign authorities, officially certified and translated, showing the family relationship or a civil status certificate issued by a Greek public authority for the conclusion of a civil partnership or marriage in Greece, in case of entry with an Entry Visa type – C.

7. Supporting documents for the issuance of the card: As above under 6.

DURATION – RENEWAL OF THE RESIDENCE PERMIT

The residence permit for financially independent people is valid for three years and is renewed every three years as many times as requested, as long as the financial and other conditions of the law continue to be met.

In order to renew the residence permit, the third country citizen must, within two (2) months before its expiry, submit an application accompanied by the required documents. A late application for the renewal of a residence permit may be submitted up to one (1) month after its expiry date. In this case, a fine of one hundred (100) euros shall be imposed. No application may be submitted after one (1) month from the expiry of the residence permit. Applications that are more than one month overdue will not be accepted, except in cases of proven force majeure. The residence permit for family members shall be renewed simultaneously with the permit of the sponsor.

Supporting documents for the renewal are, apart from the above, additionally the old residence permit.

Furthermore, for the renewal of the residence permit of a third country citizen legally residing in the country, in the category of financially independent person due to the fact that he/she receives a pension from a Greek public insurance institution, the following is required:

– A copy of a valid passport or travel document recognized by the country.

– The old residence permit.

– An act of a Greek public insurance institution granting a pension.

– Proof of active insurance capacity from the relevant insurance institution.

– 150-euro fee.

 

 

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.

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