Swiss nationals: right to reside in Greece
Case study: a Swiss citizen with a spouse from a third country and minor children with Swiss nationality.
Swiss nationals have the same right to reside and work in Greece as EU nationals, specifically with minimum obligations and after a very simple procedure. The same applies to their children, provided they are also Swiss nationals. In addition, in case their spouses are not Swiss nationals, but third country nationals, they will be given a residence permit to reside and work in Greece as spouses of Swiss nationals, through a little more complicated process, including some travel restrictions during the period until the issuance of the residence permit.
The right to reside in Greece of Swiss nationals is as follows:
They have the same rights of free movement and residence as EU nationals, specifically:
a) They have the right to reside in Greece for a period up to 3 months without any conditions or wording, provided they hold a valid identity card or passport. (The above period is extended, automatically, for another 3 months for individuals who are genuinely seeking employment).
b) They have the right to reside in Greece for more than 3 months, provided they register their residence. They have the right to reside in Greece for more than 3 months provided that:
• Τhey are employees or self-employed individuals in Greece; or
• They have adequate financial resources for themselves and their family members so as not to become a burden on the country’s social security system during their period of residence, including having full sickness insurance cover; or
• Τhey are studying or are in vocational training;
Procedure
In brief, if they intend to reside in Greece for more than 3 months they are obliged, after the end of the 3-month period, to appear, in person, to the competent police authorities of their residential area handling issues of non-citizens for registration. The authorities proceed to the registration and issue a registration certificate, stating the full name and address of the individuals registered and the date of registration. The registration is proceeded in person, i.e. no online procedures are in place for this purpose.
Registration as a self – employed person (freelance business activity)
The steps are as follows:
i. Acquisition of a Greek tax identification number (TIN), i.e. registration with the Greek tax authorities
ii. Rent (or buy) a place as their residence, as well as a place for the registered seat of their freelance business activity (registered residence address can be the same as the registered seat of their business, under conditions)
iii. Proceed to the commencement of their freelance business activity with the tax authorities and – in some cases – proceed to the registration of their freelance business activity with the General Commercial Registrar (GEMI).
And then, upon completion of the 3 months in Greece, they should proceed with the registration with the competent police authorities.
Required documentation:
a) Application
b) Valid identity card or passport
c) Document(s) attesting the exercise of self-employment/ independent financial activity;
d) Document(s) attesting their residence address in Greece;
e) 3 photos
In case they choose to register themselves as employees, instead of the above (c) they should produce confirmation of engagement from the employer or a certificate of employment or any other document attesting the pursuit of an activity as worker/employee.
Also, if they choose to register themselves as financially independent individuals (economically inactive individuals), instead of the above (c) they should produce:
(i) Proof attesting that they have sufficient resources for themselves and all their family members so as not to become a burden on Greek social security during their residence, and
(ii) Health insurance coverage for them and all their family members.
Registration process for the spouse of the applicant (third country nationals)
After the registration of Swiss nationals with police authorities, their spouses shall apply to the competent Migration Department of the relevant region (depending on their residence address). There is an online procedure for a residence card, as spouses of Swiss nationals. This procedure can also be carried out by an attorney, following a specific power of attorney.
At some point, their spouses will be asked to appear in person to the competent service and give their biometric data (fingerprints, digital signature).
The relevant immigration service shall examine the application and, unless there are grounds of public order and security or public health reasons, shall issue a decision granting a residence card to the spouses of Swiss nationals, “no later than 6 months” from the date of submission of the application with all the required documents. Unfortunately, in reality, the issuing of a residence card can take much longer than 6 months, depending on the immigration service.
A few days after the application is submitted, a certificate of submission of the application is issued, which gives the applicant the same rights as the residence card. This means that their spouses will have the right to work in Greece, as employees or as self – employed individuals (freelance business activity), during the waiting period for the issuance of the residence card.
Also, there may be some travel restrictions until the issuance of the residence card: for example, their spouses will be able to travel to 3rd countries , but not to Switzerland.
If their spouses had Swiss citizenship, the process for them to stay in Greece would be much easier and quicker, than if they were third-country nationals. However, it is possible for a third-country national to reside and work in Greece as the spouse of a Swiss citizen (who is already registered in Greece), following the procedure described above.
Registration process for children of the applicants
The children of Swiss nationals and whom they accompany or join, also have the right to live with them in Greece, following the same procedure of registration with police authorities, as follows: First, the Swiss parent register with the police authorities. Then, the spouse (third country national) must apply for a residence permit in the country as the spouse of a Swiss citizen. Finally, the minor children (who are Swiss citizens) can be registered, provided that both parents are present in person at the time of registration.
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.