EU citizens – citizens of countries applying the Schengen acquis

Greece is a Member State of the European Union and ratified the Schengen Treaty in 1997. Citizens of EU States and other countries that have ratified the Schengen Treaty have the right to travel freely in Greece and the rest of the Schengen Area on presentation of their ID card or passport.

Third-country citizens

The entry and residence of foreigners in Greece for migration reasons are determined by Law 3386/2005 on the entry, residence and social integration of third-country nationals in Greece (GOVERNMENT GAZETTE OF THE HELLENIC REPUBLIC, ISSUE A/23.08.2005, pg. 3329), and the amendments determined by the following Laws: 3448/2006, 3536/2007, 3613/2007, 3731/2008, 3801/2009, 3838/2010, 3846/2010, 3807/2010, 3875/2010, 3879/2010, 3900/2010, 3907/2011 and 4018/2011.

Third-country citizens entering Greece are required to have a valid passport or other travel documents recognized by international treaties. In the event that applicable international treaties, Community law, or national regulations require, so these documents must include a visa. The visa is granted by the Greek consular authority in the residence of the third-country citizen, after taking into consideration criteria such as public order, security and public health. Visas are categorized as Schengen short-stay visas and national long-stay visas.

Third-country citizens who are not required to have a visa are allowed to enter and stay in Greece for three months in total, or cumulatively within a six month period since the date of their first entry.

New Visa Information System (VIS)

Beginning October 11, 2011, the new Schengen Visa Information System (VIS) came into operation. The VIS allows States in the Schengen Area to exchange data on the issuance of travel documents, and connects the consulates of the countries outside the EU with all the border control posts of the Schengen Member States.

The main objective of VIS is the simplification and the strengthening of security regarding the issuance of visas, as well as the facilitation of control at external Schengen borders. As a Schengen instrument, VIS applies to all Member States of the Schengen Area. However,
it will take time until all consulates and delegated authorities of the Member States log on to the system.

VIS began with the countries of North Africa and will gradually expand to the Middle East (Israel, Jordan, Lebanon and Syria) as well as to Gulf countries (Afghanistan, Bahrain, Iran, Iraq, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates and Yemen). Within a period of two years the connection of all consulates of the Schengen countries with VIS will be established.

EU STATES THAT BELONG TO THE SCHENGEN AREA
Austria, Belgium, France, Germany, Denmark, Greece, Estonia, Spain, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Hungary, Poland, Portugal, Slovakia, Slovenia, Sweden, Czech Republic, Finland

EU STATES THAT DO NOT BELONG TO THE SCHENGEN AREA
Bulgaria, Ireland, United Kingdom, Cyprus, Romania

THIRD COUNTRIES THAT BELONG TO THE SCHENGEN AREA
Iceland, Norway, Switzerland, Liechtenstein (does not yet apply the Schengen acquis)

THIRD COUNTRIES, THE CITIZENS OF WHICH DO NOT NEED A VISA FOR GREECE AND THE REST OF THE SCHENGEN AREA
Greece and the rest of the Schengen States that fully apply the provisions of the Schengen Treaty and the relevant Community acquis regarding short-term visas (residency up to 90 days per semester [180 days] in the Schengen area) do not require visas for the holders of ordinary passports of the following countries: Holy See (Vatican City), San Marino, Andorra, Antigua & Barbuda, Argentina, Australia, Venezuela, Brazil, Guatemala, El Salvador, USA, Japan, Israel, Canada, Costa Rica, Croatia, Malaysia, Mauritius, Mexico, Monaco, Barbados , Bahamas, Brunei, New Zealand, Nicaragua, South Korea, Honduras, Uruguay, Panama, Paraguay, Seychelles, Singapore, Chile.

II. Residence Permits

The Immigration and Social Integration Code (Law 4251/2014, Government Gazette 1, no 80) contains provisions that facilitate the stay of third-country investors, whose investments are characterized as strategic investments, via the provision of extended stay time limits for the representatives of investment bodies and their partners.

Moreover, it allows the granting of residence permits to third country nationals and to members of their families, who purchase real estate property in Greece, the value of which exceeds € 250,000.

Specifically:

A. “Permanent residence permit of the investor.” (Article 20)

1. By decision of the Secretary General of the Decentralized Administration, residence permit for five years, subject to renewal, is granted to a third country national who:
(a) has legally entered the country with any type of visa or legally resides in the country, even if the type of residence permit that he possesses does not permit change of purpose.
(b) has personally the full ownership, possession and peaceful enjoyment of real estate property in Greece. In the case of jointly owned property, worth 250,000 euro, the right of residence is granted only if the owners of the property are spouses with indivisible shares in the property. In all other cases of joint ownership, the right of residence is granted only if the joint ownership rate of each joint owner is worth 250,000 euro.
(c) has the full ownership, possession and peaceful enjoyment of real estate property in Greece via a legal entity, whose shares are fully owned by him.
(d) has concluded an agreement for at least a ten year lease of hotel accommodation or furnished tourist residences in tourist accommodation complexes, pursuant to Article 8 par. 2 of Law 4002/2011 (Government Gazette 1, no 180).
(e) has concluded a time sharing agreement pursuant to the provisions of Law 1652/1986 “Time sharing agreement and related issues” (Government Gazette 1, no 167), which is in force.

2. The minimum value of the real estate property, as well as the contractual consideration of hotel accommodation or tourist residences leases of this Article, is determined at two hundred and fifty thousand (250,000) euro and must have been paid in full upon the signing of the contract.

“The consideration is paid by crossed bank check or by the deposit of bank transfer to the beneficiary’s account which is held in a banking institution of Greece or in a credit institution under the supervision of the Bank of Greece, the specific elements of which should be solemnly stated by the contracting parties before the notary, who redacts the agreement and notifies it.”

By joint decision of the Ministers for the Interior and Finance, the value of the above real estate property may be adjusted and shall result from the property value stated in the contracts or from the lease agreements.

3. Το third country nationals, real estate property owners, the possibility of leasing that property is granted.

4. The above third-country national may be accompanied by the members of his family to whom, at their request, an individual residence permit is issued, that expires together with the residence permit of the sponsor.
Family members shall mean:
(a) the spouse
(b) the lineal descendants of the spouses or either spouse, who are under 21 years old.
(c) the lineal ascendants of the spouses.

5. The above permit may be renewed for an equal duration, each time, provided that the real estate property remains in the ownership and possession of the third-country national or the agreements of paragraph 1 of this remain in force and all other requirements, provided by law, are fulfilled. Periods of absence from the country shall not disrupt the renewal of the residence permit.

“The resale of the real estate property during the period of validity of the residence permit, to another third-country national shall provide the right to the granting of residence permit to the new buyer with simultaneous withdrawal of the vendor’s residence permit.”

6. The residence permits, being granted pursuant to the paragraphs 1 and 4 of this Article, do not establish the right of access to any form of employment.

7. The residence permit shall be issued within two months from the submission of all the documents of the file to the issuing authority.

B. Issue and renewal of residence permit for investment activity (Article 16)

I. 1. The entrance and residence of third country nationals is permitted in Greece, for the purpose of making investments that will have a positive impact on national development and economy. Depending on the amount and the characteristics of the investment, up to ten third country nationals may enter and reside in the country, including the investors, for the implementation and operation of the investment.

2. On the motion of the Directorate of Foreign Investments of the Ministry of Economy and Development, concerning the characterization of the investment and the feasibility of granting residence permit, the entry and residence of third-country nationals may be permitted in Greece for the implementation and operation of the investment.

3. The application and the required documents, as specified by the Joint Ministerial Decision, referred to in paragraph 12 of Article 136, are submitted to the Greek Consular Authority of the area of residence of the interested persons, which, within one month, forwards them to the Directorate of Foreign Investments of the Ministry of Economy and Development. The above Directorate, within a month, examines the application and forwards the relevant motion to the competent Consular Authority in order for the required national visas to be issued.

4. To the third-country national, to whom has been granted a visa for the realization of an investment, a residence permit shall be granted for the same reason, on procurement of the required documents. The duration of validity of the residence permit is for five years and is subject to renewal for an equal period each time, provided the implementation of the investment or its operation is continued after its completion.

5. The above third-country nationals, by way of derogation from the provisions of Article 70, par. 1, may be accompanied by the members of their families who are granted a residence permit for family reunification, expiring simultaneously with the residence permit of the sponsors.

6. The Directorate for Migration Policy of the Ministry of Migration Policy is responsible for the examination of the application and the decision on the issue or the renewal of the residence permit for the realization of investment activity.

7. The provisions of this Article shall apply accordingly for the entry and residence of thirdcountry nationals in the context of new investments realized by Greek undertakings, already operating or third country nationals who already reside legally in Greece and hold residence permits for purposes of independent economic or investment activity.

8. In the residence permit of third-country nationals referred to in paragraph 1 of this Article, it shall be stated “Residence permit for investment activity“ and in the Remarks the professional status of the holder shall be referenced.

II. 1. Up to ten (10) third-country nationals per investment, deemed necessary, are allowed to enter the country if they have been granted, where necessary, visa (Visa D), in order to realize investments, which have been characterized as “Strategic Investments” , pursuant to a decision of the Interministerial Committee of Strategic Investments on inclusion in Law 3894/2010 (Government Gazette 1, no 204). The above visa is issued free of charge, on the procurement of the decision of the Interministerial Committee of Strategic Investments, which characterizes the investment as “Strategic Investment” and the motion of the Secretary-General for Strategic and Private Investments referring to the relation of third country nationals with the entity realizing the strategic investment.

2. The above are granted, by decision of the Minister for the Interior, a ten-year residence permit, which is renewed for ten years, provided the same requirements are met.

3. For the granting of the residence permit, an application with the required documents is submitted to the Directorate for Migration Policy to the Ministry of Interior, as these are defined, by the provisions of Article 136, par. 1, in the Joint Ministerial Decision. The residence permit shall be issued within five (5) days from the date that the application was submitted.

4. The above third-country nationals, by way of derogation from the provisions of Article 70, par. 1, may be accompanied by the members of their family, being granted residence permit for family reunification, expiring simultaneously with the residence permit of the sponsors, as well as by the support staff, in the case of people with disabilities.

III. 1. Third country nationals, being subject to Chapters A and B of this Article and legally residing in the country, are not obliged to leave Greek territory in order to apply for a residence permit.

2. The competent departments of the Ministries of Development and Competitiveness shall notify, in writing or by e-mail, the Directorate for Migration Policy of the Ministry of Interior, about any change in the evolution of implementation of the investment activity.

Source: Enterprise Greece, Url: http://www.enterprisegreece.gov.gr/en/

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