The project is co-funded by the European Union and the ... · Committee: Ms. Kornelia Rantik, Ms. Eleni Vastardi and Ms. Angeliki Grammatikopoulou (Directorate for Migration Policy,

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The project is co-funded by the European Union

and the Ministry of Interior and Administrative Reconstruction

under the European Migration Network

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The study was implemented by the Institute of International Relations (IIR) of Panteion University of Social and

Political Sciences.

Authors of the study:

Maria Daniella Marouda, Assistant Professor, International and European Studies, Panteion University,

Member of the Naturalization Commission, Decentralized Administration of Crete. Maria Rossidi, Phd Candidate, Panteion University. Dr. Eleni Koutsouraki, Université Paris II, Panthéon Assas – Panteion University. Dr. Vasiliki Saranti, Part-time Lecturer, National Police Academy

The authors wish to thank for their valuable comments and remarks the members of the Monitoring and Evaluation

Committee: Ms. Kornelia Rantik, Ms. Eleni Vastardi and Ms. Angeliki Grammatikopoulou (Directorate for Migration

Policy, Ministry of Interior and Administrative Reconstruction).

The authors wish also to thank for their support the members of the GR EMN NCP: Mr. Michail Kosmidis (Deputy

member of GR EMN NCP Steering Board Team), Dr. Athanasios Vitsentzatos and Ms. Eleni Siopi (Directorate for

Migration Policy, Ministry of Interior and Administrative Reconstruction).

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The European Migration Network (EMN) was established in 2003, originally as a preparatory action of the European

Commission, with the aim of providing the European Commission and the Member States with objective, reliable,

comparable and up-to-date data on migration and asylum, to build policymaking in the European Union and hence

their national policies in these areas. Subsequently, the Council of the EU in 2008, with the No. 381/2008/EK

Judgment founded the EMN, as permanent structure that will operate within the European Commission, with the

participation of member states in order achieve these goals.

More information on the EMN and its work can be found on the website http://emn.europa.eu or on the Greek

website http://emn.ypes.gr

Contact data with the Greek Focal Point of the European Migration Network:

Ministry of Interior and Administrative Reconstruction

General Secretariat for Population and Social Cohesion

General Directorate for Citizenship and Migration Policy

Directorate of Immigration Policy

Department of Immigration Policy

Evangelistrias 2

105 63 Athens

Tel. 0030 213 136 1251/54/57

Email: [email protected]

© 2015, Ministry of Interior and Administrative Reconstruction. All rights reserved.

This study was conducted with the financial support of the European Union and the Ministry of Interior and

Administrative Reconstruction, within the scope the European Migration Network. The research contents are of the

sole responsibility of the author. In any case, the European Union and the Ministry of Interior and Administrative

Reconstruction cannot be held liable for any use of the information made by third parties.

http://emn.europa.eu/

http://emn.ypes.gr/

[email protected]

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EMN FOCUSSED STUDY 2015

Changes in immigration status and purpose of stay:

an overview of EU Member States approaches

Executive Summary (Synthesis Report)

Executive Summary of Synthesis Report: this will form the basis of an EMN Inform, which will have EU and National policymakers as its main target audience.

Top-line “Factsheet” (National Contribution)

Overview of the National Contribution – introducing the study and drawing out key facts and figures from across all

sections of the Focussed Study, with a particular emphasis on elements that will be of relevance to (national)

policymakers.

1 A European Agenda on Migration – COM (2015) 240 2 COM (2010) 2020

The Member States of the European Union regulate immigration flows by providing, on the basis of their

immigration legislation, specific channels for immigration, each of which relate to a specific purpose of stay.

Thus, potential immigrants have to fulfil certain requirements in order to be granted access to the territory

and be allowed to stay in a Member State. Where third-country nationals no longer meet the criteria linked

to the respective authorisation to stay they are normally required to leave or become irregular if they remain

on the territory. However, third-country nationals admitted under one channel may seek to change their

position in order to meet all the requirements of another status and hence remain legally on the territory.

Changing status for the migrant is likely to be more accessible / cost effective if actioned from within the

territory of a Member State.

The European Union has followed a sector-by-sector approach to legal migration, which has resulted in a

common legal framework regulating the admission of certain categories of third-country nationals by means

of Directives. Although immigration rules allowing for changes in the purpose of stay are covered by Member

States national legislation, the relevance of the impact of such measures on the wider EU context may be

significant. As reiterated by the recently adopted EU agenda on migration, “ The EU needs the tools to

identify those economic sectors and occupations that face, or will face, recruitment difficulties or skill gaps.”1

At EU level, this Study should also be seen in the context of the overarching Europe 2020 Strategy for

economic growth2 and in particular, within one of its five objectives focusing on high employment levels as

well as creation of new skills and jobs. Changes of status may partly address deficiencies of Member States’

labour markets and can be broadly framed in the array of efforts to better managing legal migration and

potentially addressing sectors of the national economies where skill mismatches, labour shortages or

“bottleneck occupations” (i.e. occupations where there is evidence of recruitment difficulties) have been

identified. Finally, as reiterated by the new EU Agenda on Migration, efforts should be made in order to

successfully address irregular migration. Because it can be assumed that more flexible systems can make a

contribution to preventing of irregular stay of third-country nationals. In this context, policies for status

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Section 1: Overview of national migration system in place regarding changes of status

This section aims to provide a general overview of the (Member) State national migration system in relation to

status changes for third-country nationals from within the territory of the Member State. It aims to provide a brief

overview of the debates (being) held in the (Member) States on necessities and possibilities of migration status

changes and what policy changes are considered. It also briefly aims to suggest the main drivers/reasons behind

changes of status being promoted that can take place from within the territory of the (Member) State (without the

third-country nationals being required to leave the (Member) State’s territory).

EMN NCPs are asked to fill in the following box.

changes may represent a third way to combating irregularity (as opposed to return and / or regularisations).

This Study will include those migrants holding an ‘authorisation / right to stay’, who are not in an irregular

situation (with the exception of applicants for international protection who have received a final negative

decision) and situations where the change of status takes place inside the Greek territory without the

requirement for the individual to first return to their country of origin. The study will address the criteria for

issuing a particular residence permit of the above categories and their rights, while comparing and

contrasting the ways, and extent to which, Greece’s existing legal framework allows legally admitted third-

country nationals to switch from one status to another. The study will explore what migration status changes

are permitted as well as the motivations of the legislators. In addition, it will examine the impacts of changes

of status for migrants in relation to their rights and the barriers and obstacles to changes of status.

The Study would benefit primarily national and EU policy makers and officials concerned with developing and

implementing policies on immigration, residence and asylum. The Study would also be of interest to other

stakeholders, including national experts, universities, research institutions and think-tanks, working on

asylum and immigration as well and NGOs and international organisations. Finally, it could inform the wider

public with an interest in migration and asylum, including media.

i. General overview of national migration system in relation to status changes:

The national migration system in relation to status changes is regulated by Law 4251/2014 “Immigration and

Social Integration Code and other provisions”, as in force. The changes in purpose of stay are prohibited for

several categories of third country nationals set out in article 7 par. 4 (for instance investors, students,

researchers, highly qualified workers etc.). Instead, the change in purpose of stay is allowed for most categories

of third country nationals holding a residence permit for humanitarian reasons (article 19 A). It is also allowed

for third country nationals that have received a residence permit as victims of human trafficking and migrant

smuggling.

ii. Brief overview of national debate in the Member State:

Not applicable.

iii. Main drivers / reasons behind changes of status promoted by legislators:

Not mentioned in the explanatory report of Law 4251/2014.

From the explanatory report of law 2910/2001 “Entry, residence and social integration of third country nationals

within greek territory”, as well as from the explanatory report of Law 3386/2005 that replaced Law 2910/2001

it is deduced that the introduction of new regulations aims at the avoidance of circumstantial and uncontrolled

changes of status by virtue of which third country nationals establish themselves legally in Greece.

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Section 2: Overview of admission criteria

This section aims to provide an overview of the initial admission criteria or the criteria for issuing a particular

authorisation to stay/residence permit applied by Member States in order admit all categories covered by the

scope of the study. It also investigates the rights attached to each status as well as the requirements incumbent

on the applicant.

This section will also include an overview of the current EU legal framework and the existing provisions relevant to

the scope of the Study. This part will be elaborated by the EMN Service Provider.

EMN NCPs are asked to answer the following questions, at times guided by a non-exhaustive list of prompts of pre-

defined tables.

Q1. How does the national legislation of your (Member) State define the categories of third-country nationals covered by this study? Please complete the table below by listing also the admission criteria for each category listed.

EMN NCPs are asked to use the pre-compiled box marked ‘example’ as reference.

Category National definition Admission criteria

Example

Provide the national definition. EMN NCPs are asked to briefly provide the definition under their national legislation in order to clearly understand who is admitted under such category. No detailed information on legal basis are necessary.

List criteria required for the admission. EMN NCPs are asked to provide a complete list of all criteria a third-country national has to meet in order to be admitted under this specific category.

Family Family members of third-country national: a. The spouse, provided that he/she is at least eighteen years of age, and their unmarried children below eighteen, including those legally adopted in Greece by Court judgment or a foreign Court judgment which is automatically enforceable or has been declared enforceable or the precedent of which has been recognised in Greece. b. The sponsor’s or other spouse's other unmarried children below eighteen, including those adopted under the above decisions, provided that the right of custody has been legally granted to the sponsor for his/her children and to the other spouse for the children thereof.

The provisions on family reunification are implemented when a third-country national is holder of a residence permit issued by the competent greek authorities for two years at least, which entitles him/her to obtain a permanent residence right, provided that the family members are third country nationals, irrespective of their status (asylum seekers and subsidiary protection beneficiaries do not have a rights of family reunification). In order to exercise the right to family reunification, sponsors must provide evidence of their family relationship with the family members for whom they request reunification in Greece and prove that they meet all of the following conditions: a. Their accommodation can cover their needs and the needs of the family members for whom they request reunification, as set out in a Decision of the Minister for Health. b. Their personal income is stable, regular and sufficient to cover their needs and the needs of their family and is earned without recourse to the country’s social assistance system. This income cannot be lower than the annual income of an employee on minimum wage, pursuant to national laws, increased by 20% for the spouse and 15% for each child. The 15% increase for each child is not required if both spouses reside lawfully in Greece. c. They have full health coverage, providing all the benefits provided for the equivalent category of insured nationals, which can also cover their family members.

Education Student: Third-country national admitted to a higher education institution recognised by the national laws, who was allowed to enter into and

Entry and residence of third-country nationals in Greece for the purposes of studies or voluntary service shall be allowed if all of the following general

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reside within Greek territory, in order to attend a full-time course of study as primary activity, with the purpose of obtaining a degree, a master’s degree or a doctoral degree granted by the institution in question. The term ‘student’ also includes the preparation cycle, provided that the applicable national laws include it in the studies in question.

requirements are met: a. hold a passport or other travel document recognised by Greece, the validity of which is at least three months after expiry of the visa, and have been granted a visa for the purposes of studies or voluntary service; b. procure the consent of their parents or guardian in relation to the intended residence if under the age of 18; c. have full health insurance with the same benefits as those covered for Greek nationals; d. pose no threat to public policy and security and public health; e. have paid the relevant fee. f. have been admitted to a higher education institution to attend its curriculum. g. have at their disposal adequate resources to cover

their cost of living during their stay. h. have paid their registration fee to the education institution, if there is such a requirement When the curriculum requires proficiency in greek language as a precondition for the registration of the third country national, the relevant education institution shall conduct the necessary control and provide a respective certificate that shall be submitted to the competent greek consular authority.

Research The original work undertaken systematically in order to enhance total knowledge, including the knowledge of man, civilisation and society, and the new applications of this knowledge.

A research organisation wishing to host a researcher has to be already approved pursuant to the national laws, for the purposes hereof. A research organisation wishing to host a researcher shall sign a hosting agreement with the latter whereby the researcher undertakes to complete the research project and the organisation undertakes to host the researcher for that purpose. Research organisations may sign hosting agreements only if the following conditions are met: (a) the research project has been accepted by the relevant authorities in the organisation, after examination of: i) the purpose and duration of the research, and the availability of the necessary financial resources for it to be carried out; ii) the researcher’s qualifications in the light of the research objectives, as evidenced by a certified copy of his/her qualification; (b) during his/her stay the researcher has sufficient monthly resources of no less than EUR 900 to meet his/her expenses, without having recourse to the social assistance system; (c) during his/her stay the researcher has insurance for all the risks normally covered for nationals in accordance with the applicable legislation; (d) the hosting agreement specifies the legal relationship and working conditions of the researchers, in accordance with the applicable legislation.

Blue card The authorisation bearing the term ‘EU Blue Card’ entitling high qualified workers to reside and work legally in the Greek territory, provided that the criteria mentioned in the next cell (admission criteria) are met. A highly qualified worker is a worker who: (i) is protected, under Greek labour laws, as an employee who provides genuine and effective work for, or under the direction of, someone else,

A third-country national who applies for an EU Blue Card shall fulfil the following conditions: a) hold a valid passport or other travel document recognised under national law and present a visa for the purposes of highly qualified employment. The period of validity of the travel document shall cover at least the initial duration of the residence permit; b) present a valid work contract for highly qualified employment of at least one year in Greece, which shall

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regardless of the legal status of the employment relation, (ii) is paid, and (iii) has the required adequate and specific competence, as proven by higher professional qualifications.

demonstrate that the salary is not less than the minimum salary for highly qualified employment as specified and published for this purpose by the competent directorate to the Ministry for the Interior and Administrative Reconstruction; c) for unregulated professions, present the documents attesting that he meets the conditions set out in Presidential Decree 38/2010 transposing Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 (Government Gazette, Series I, No 78) for the purposes of exercise of the listed professions by Union citizens in Greece or, for professions that are not listed, the conditions set out in the relevant provisions of national law which regulate their exercise by Union citizens in Greece; d) for unregulated professions, present the documents attesting the relevant higher professional qualifications

or, if so required by derogation from national law, at least five years of professional experience of a level comparable to higher professional qualifications and which is relevant in the occupation or sector specified in the work contract; e) present evidence of having a sickness insurance for all the risks normally covered for nationals; f) not be considered to pose a threat to public policy and security; g) not be considered to pose a threat to public health. It has to be mentioned that in order to determine the maximum number of positions of third country nationals that can obtain a Blue Card per Region a decision of the Ministers of Interior and Administrative Reconstruction, Foreign Affairs, Development and Competitiveness, Shipping and the Aegean, Labour, Social Security and Welfare is issued during the last trimester of every second year. The issue of the above joint ministerial decision must be subject to the opinion of: (a) the Economic and Social Committee, (b) the Manpower Employment Organisation (OAED), and (c) the country’s Regions, at the request of the Ministers for the Interior and Administrative Reconstruction and Labour, Social Security & Welfare, relating to existing labour needs in Greece. These needs shall be specified mainly on the following criteria: consultation between a region and employers, the interests of national economy, the feasibility of employment, the supply of workforce from Greek nationals, EU citizens or third country nationals who legally reside in Greece by speciality, and the unemployment rates per field of employment.

Highly qualified workers

There is not a national status of highly qualified third country nationals, see the above definition for “blue card” beneficiaries.

Similarly, it is the same category, since “blue card” holders are identified with highly qualified workers in the Greek legislation.

Employee Natural persons who performs paid employed activity subject to labour law.

An employer who wishes to hire personnel for purposes of paid employment, shall lodge an application with the competent agency of the decentralised administration in his area of residence, stating the number of posts, the details and nationality of the third-country nationals to be employed, the speciality, and the duration of employment. The application shall be accompanied by: (a) an effective labour contract for at least one year in Greece, demonstrating that the remuneration is at least equal to the monthly remunerations payable to

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unskilled workers, and (b) a tax clearance note or a copy of tax statement demonstrating the employer’s ability to pay the monthly remuneration as set out in the labour contract. It has to be mentioned that in order to determine the maximum number of positions of third country nationals that can obtain a residence permit for employed activity per Region and speciality the Ministers of Interior and Administrative Reconstruction, Foreign Affairs, Development and Competitiveness, Shipping and the Aegean, Labour, Social Security and Welfare issue a joint decision during the last trimester of every second year. The issue of the above joint ministerial decision must be subject to the opinion of: (a) the Economic and Social Committee, (b) the Manpower Employment Organisation (OAED), and (c) the country’s Regions,

following a request of the Ministers of the Interior and Administrative Reconstruction and Labour, Social Security and Welfare relating to existing labour needs in Greece. These needs shall be specified mainly on the following criteria: consultation between a region and employers, the interests of national economy, the feasibility of employment, the supply of workforce from Greek nationals, EU citizens or third country nationals who legally reside in Greece by speciality, and the unemployment rates per field of employment.

Self-employed The term “self-employed” covers independent economic activity and the provision of services or works. Independent economic activity: Activity that aims to establish an income from a commercial, industrial, handicraft or agricultural business, as well as any other business related to the provision of services or the practice of self-employment.

Provision of services or works: Activities for the execution of services or works, which are not subject to any legal or personal dependence on or control by the employer and to which the provisions of labour laws do not apply.

There are not any admission criteria. The notion of independent economic activity was abolished by law 4251/2014 and is only preserved for those third country nationals that already have it and renew their residence permits, as well as for long-term residents. In order to renew these residence permits, tax obligations must have been fulfilled and a valid health booklet issued from the relevant insurance agency is also required.

Business owner See investors

Seasonal worker

Seasonal work: Activity performed in Greece every twelve months for up to six months in total, in a field related to provisional and seasonal employment. Such are sections of the economy that are related to seasonal conditions, during which the necessary level of manpower is considerably higher than that required for usual activities.

An employer who wishes to hire personnel for purposes of seasonal employment shall lodge an application with the competent agency of the decentralised administration in his area of residence, stating the number of posts, the details and nationality of the third-country nationals to be employed, the speciality, and the duration of employment. Together with the application, the employer shall file: a) Receipt of payment of 50 euros as fees for each third-country national intended to be employed; b) Solemn statement that he shall employ the workers and assume the relevant costs in case where the requirements referred to in Article 80(3) of Law 3386/2005 apply; c) Valid labour contract stating the aim of the seasonal work signed by the employer who is established on greek territory; d) Evidence showing that the third country national fulfils the conditions of the relevant provisions of the national legislation for the exercise of this work in

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Greece, whenever it is stated in the labour contract that the applicant will exercise a work that is regulated legislatively , as determined by the provisions of PD 38/2010 (A 78). The determination of the applicable provisions is done on the basis of the description of the occupation in the relevant labour contract; e) Solemn statement that he shall provide the worker with appropriate accommodation, as stipulated in a decision of the Minister for Health pursuant to Article 43 of Law 4025/2011 (Government Gazette, Series I, No 228), as in force. It has to be mentioned that in order to determine the maximum number of positions of third country nationals that can obtain a residence permit for employed activity per Region and speciality the Ministers of Interior and Administrative Reconstruction, Foreign Affairs, Development and

Competitiveness, Shipping and the Aegean, Labour, Social Security and Welfare issue a joint decision during the last trimester of every second year. The issue of the above joint ministerial decision must be subject to the opinion of: (a) the Economic and Social Committee, (b) the Manpower Employment Organisation (OAED), and (c) the country’s Regions, following a request of the Ministers of the Interior and Administrative Reconstruction and Labour, Social Security and Welfare relating to existing labour needs in Greece. These needs shall be specified mainly on the following criteria: consultation between a region and employers, the interests of national economy, the feasibility of employment, the supply of workforce from Greek nationals, EU citizens or third country nationals who legally reside in Greece by speciality, and the unemployment rates per field of employment. The above ministerial decision may determine the maximum number of positions per country of origin, as well as the correlation between cultivated land or livestock of the applicant employer and the number of seasonal workers whose invitation he may request. The list of job sectors where the arrangements for the admission of third country nationals for purposes of seasonal work apply includes the agricultural, forestry and livestock sectors. By a joint decision of the Ministers of Interior and Administrative Reconstruction, Finance, Infrastructure, Marine and Tourism, Productive Reconstruction, Environment and Energy, Labour, Social Security and Welfare and any other competent Minister, after consultation, in accordance with what is stipulated in the previous paragraph, the above list may be supplemented with other employment sectors, which include activities that depend on the changing of seasons. The above list and any other amendment thereof shall be notified by care of the Ministry of Interior and Administrative Reconstruction to the European Commission.

Intra-corporate transferees

This category is not explicitly covered by greek legislation, but one can find certain cases in articles 17 (a) and 18 (d), (e) of Law 4251/2014.

a. Board members, shareholders, managers, legal representatives and senior executives (general managers, directors) of domestic companies and of subsidiaries and branches of foreign companies that legally pursue commercial activity in Greece;

a. They have to procure to the competent consular authority a copy of the Government Gazette in which their appointment or election has been published or, otherwise, a copy of the company’s articles of association, or a copy of the decision made by their company’s competent body regarding their capacity as board members or managers or legal representatives or general

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b. Workers legally employed by an undertaking that is established in an Member State EU or EEA Member State, who move to Greece for the provision of a specific service, under a relevant contractual obligation between the above

undertaking and the counterparty that pursues activities in Greece; c. Workers employed as specialised technical personnel by an undertaking that is established in a third country and is engaged in the provision of specific services under a procurement agreement between the above undertaking and its counterparty in Greece, where the undertaking from which a third-country national moves has made a procurement agreement stipulating the provision

of specific services exclusively relating to the installation, trial operation and maintenance of the procured items.

managers or directors; b. i) Officially certified and translated solemn statement, reading the full identification and contact details of the undertaking from which the third-country national moves, which shall certify

that an agreement has been made with the counterparty-recipient of the service in Greece, and demonstrate the purpose of the third country national’s movement, the intended duration of movement, and that the undertaking which employs such third-country national in the EU or EEA Member State shall pay his accommodation, healthcare and return expenses; ii) Copy of an attested health booklet or European health insurance card or other equivalent EU document.

c. i) Certificate of the undertaking, reading full identification and contact details, the worker’s capacity and duties, accompanied by evidence in relation to the lawful nature of the worker’s employment; ii) Certified copy of the procurement agreement between the undertaking that provides the service and the domestic undertaking-recipient of the service. This agreement shall stipulate the provision of specific services exclusively relating to the installation, trial operation and maintenance of the procured items, the duration of service

provision, the number and speciality of persons to be engaged, and that the accommodation, full healthcare and return expenses of such persons shall be paid. Visas for purposes of employment shall remain valid for a period equal to the period required only for fulfilment of the contractual obligation assumed by the undertaking, and may not exceed six months.

Investor Investment activity: Making investments which, according to expert opinion, have a positive impact on development and national economy

Third-country nationals may enter and reside in Greece for the purpose of making investments which will have a positive impact on national growth and the economy. Entry to and residence in the country shall

be allowed to no more than ten third-country nationals to implement the investment, who shall be: a) senior executives, financial and legal advisors, in order to take the necessary actions, as required by the Greek legislation, to start the implementation of the investment; b) experts and middle executives, in order to provide services at the stage of implementation of the investment; c) specialised employees or workers, in order to be employed during the stage of operation of the investment. Entry and residence of the above third-country nationals in Greece shall require a motion from the Department of Intragroup Services and Direct Investments of the Ministry for Development & Competitiveness, relating to the feasibility of residence permits issued to third-country nationals in relation to the investment. A decision of the Ministers of Interior and Administrative Reconstruction and Development and Competitiveness shall determine the amount of investment, the competent authority and the

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documentation of expediency, as well as the number of residence permits of natural persons that are necessary for the proper functioning of the investment.

D-type visa holder

Long-stay Visa (National visa - D Visa): D visa means the authorisation granted by the competent Greek authorities to third-country nationals, allowing them to enter into and reside within Greek territory for more than 180 days and up to 365

days, pursuant to the corresponding national regulations or Union law on the residence status for third-country nationals.

a. Seasonal workers The visa for seasonal employment shall be valid for a period equal to the duration of employment, as stated in the relevant labour contract, may not exceed six months and provides access to the labour market

exclusively for the provision of the specific employment and the specific employer, after whose invitation it was granted. b. Fishermen The visa of fishermen shall be be valid for a period equal to the duration of the employment, as stated in the relevant labour contract, may not exceed eleven months and shall provide access to the labour market exclusively for the provision of the specific employment and the specific employer, after whose invitation it was granted. c. Members of artistic groups, provided they procure to the competent consular authority: i) Certified copy of the labour contract subject to attestation of the employer’s authenticity of signature by a public authority, or a copy of the agreement for the provision of services or work; ii) Proof of the above capacity, including a certificate of the competent authority of the country of origin relating to the group’s official registration. The visa shall be valid for a period equal to the duration of the shows or events, may not exceed one year and shall grant the right to access the labour market exclusively for the provision of the specific employment, having regard to the composition of group members as a whole. d. Workers legally employed by an undertaking that is established in an Member State EU or EEA Member State, who move to Greece for the provision of a specific service, under a relevant contractual obligation between the above undertaking and the counterparty that pursues activities in Greece, provided that they procure to the relevant consular authority: i) Officially certified and translated solemn statement, reading the full identification and contact details of the undertaking from which the third-country national moves, which shall certify that an agreement has been made with the counterparty-recipient of the service in Greece, and demonstrate the purpose of the third country national’s movement, the intended duration of movement, and that the undertaking which employs such third-country national in the EU or EEA Member State shall pay his accommodation, healthcare and return expenses; ii) Copy of an attested health booklet or European

health insurance card or other equivalent EU document. e. Workers employed as specialised technical personnel by an undertaking that is established in a third country and is engaged in the provision of specific services under a procurement agreement between the above undertaking and its counterparty in Greece, where the undertaking from which a third-country national moves has made a procurement agreement stipulating the provision of specific services

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exclusively relating to the installation, trial operation and maintenance of the procured items, provided that the procure to the competent consular authority: i) Certificate of the undertaking, reading full identification and contact details, the worker’s capacity and duties, accompanied by evidence in relation to the lawful nature of the worker’s employment; ii) Certified copy of the procurement agreement between the undertaking that provides the service and he domestic undertaking-recipient of the service. This agreement shall stipulate the provision of specific services exclusively relating to the installation, trial operation and maintenance of the procured items, the duration of service provision, the number and speciality f persons to be engaged, and that the accommodation, full healthcare and return expenses of such persons shall be paid.

f. Tour leaders entering the country for the specific purpose of tour leading, provided that interested persons will procure: i) Certificate of the competent tourism authority in the region where the Greek travel agency is established, stating that a foreign national is authorised to work as a tour leader; ii) Certificate of the foreign travel agency that the foreign national intended for employment is employed and remunerated by that travel agency; iii) Solemn statement of the Greek travel agency cooperating with a foreign travel agency that the foreign national will not be employed, but engaged in out-of-office activities to serve arriving groups of tourists of the foreign travel agency, for a specific period which shall not exceed eight (8) months; iv) Certificate of insurance that hospitalisation, medical and healthcare expenses and work accidents are covered. If an interstate agreement is in place with the third country in question in relation to healthcare and work accident coverage, a tour leader shall only be required to procure a certificate from his country demonstrating coverage by that country’s social insurance system or a private insurance policy that the above insurance risks are covered during his employment as a tour leader in Greece. g. Athletes, coaches and other accompanying specialised staff, entering the country for purposes of preparation in view of their participation in international sports events, provided that the interested persons procure: i) Approval of the Greek federation of the relevant sport for their entry to Greece for the purpose of preparation in view of their participation in international sports events; ii) Evidence that, pursuant to the decision referred to in Article 137(6), they have legal financial resources to cover their subsistence needs in Greece without engaging in paid employment or independent economic activities other than the sporting preparation. h. Third-country tertiary education students who participate in programmes of remunerated traineeship in their field of studies, allowing residence for purposes of employment, for a period not exceeding six months. D-visas shall be granted if they have been accepted

to a traineeship programme in their field of studies at a specific undertaking for a definite period of time, via

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an exchange body. Exchange bodies shall mean Greek universities which have entered into relevant bilateral agreements with peer institutions abroad, and international bodies for the exchange of students, where no such agreements are in place. Specifically, programmes of traineeship at hotels shall be subject to the applicable provisions of law which regulate the terms and conditions of traineeship for Greek and foreign students of tourism education schools and tertiary education students. On expiry of the visa, a third-country national must immediately leave the Greek territory without further formalities.

Asylum seeker A foreigner or stateless person who declares orally or in written form before any Greek authority at entry points or within the Greek territory that he/she requests asylum or subsidiary protection in our country or in any way requests not to be deported to a country due to fear of persecution due to race, religion, nationality, political opinion or membership of a particular social group, according to the Geneva Convention or because he/she risks suffering serious damage in accordance with Article 15 of Presidential Decree 96/2008 (A 152) and on whose application no final decision has yet been taken. Also, applicant for international protection is considered a foreigner who has submitted an application for international protection in another EU Member State pursuant to Regulation (EC) No. 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining applications for asylum lodged in a Member State by a third country national (L 050 / 25.02.2003), or in another State bound by the above Regulation and implementing it, and is transferred to Greece under the provisions of the above regulation.

The special cards issued to applicants for international protection/asylum seekers until their application is decided by the competent authorities do not constitute residence permits. Every foreigner or stateless person has the right to apply for international protection. Access to the procedure is free and gratis. Asylum seekers are allowed to remain in the country until the administrative procedure of examining the application is completed and shall not be removed in any way. The right of residence of the asylum seeker in the country does not establish a right to a residence permit. For the category of rejected asylum seekers see infra “Humanitarian reasons of article 19 A Law 4251/2014”.

Victim of trafficking and migrant smuggling

Victim of trafficking means both the natural person for whom there are substantial reasons to be considered victim of any of the crimes provided for in Articles 323, 323Α, 323Β, 339(1) and (4), 342(1) and (2), 348Α, 348Β, 349, 351 and 351Α of the Presidential Decree, before criminal prosecution, and the person against whom any of the above crimes were committed and for which proceedings

were opened, whether the person has entered into the country legally or illegally. Under the previous indent, when the victim of the crime set out in Article 336 of the Penal Code is a minor, he/she is a victim of trafficking. Migrant smuggling victim means both a natural person who, based on valid reasons, may be considered a victim of any crime referred to in Articles 29(5) and (6) and 30 hereof, when committed by criminal organisations, according to Article 187 (1) of the Penal Code, before criminal prosecution, and the person against whom any of the above crimes were committed and for which criminal proceedings have been opened if that person has entered into the country illegally.

The competent prosecutor shall consider if any of the following conditions are met and shall prepare a relevant report as to whether: a. the prolonged stay of the said person in the Greek territory would facilitate the investigations or criminal proceedings; b. the above person has shown a clear intention to cooperate; and

c. he has severed all relations with the purported perpetrators of the offences of trafficking and migrant smuggling. The application for a residence permit shall be examined by priority and the permit shall be issued by decision of the Minister for the Interior and Administrative Reconstruction. Without prejudice to reasons relating to public policy and security, a twelve-month residence permit shall be issued.

Humanitarian reasons (article

Article 19 A provides for other categories of third country nationals entitled to a residence permit for

The grant of a residence permit presupposes a passport, even if expired. Residence permits are also

15 15

Page 15 of 44


19A Law 4251/2014)

humanitarian reasons (e.g. adults unable to look after their affairs due to health reasons or children who demonstrably need protective measures and are hosted by institutions or other legal charitable entities etc.). Since change of purpose is not allowed by the law for these categories, we will mention no more in the present section.

granted in cases of established objective inability of issuing a passport, as long as this is established by a reasoned application of the person concerned and an opinion of the competent Committee, as stipulated in Article 6 Law. 4251/2014. For the grant of a residence permit in case f) a passport shall be submitted, provided that there is one. The categories covered by that provision and the documents that may be required by category: a. Victims of trafficking that are not subject to the provisions of Articles 49-53 Law. 4251/2014, provided that there is a relevant act of classification by the competent Public Prosecutor. b. Victims and main witnesses of criminal acts laid down in Articles 81A, 187, 187A, 309 and 310 CC and Articles 1 and 2 of Law. 927/1979 (A 139) as in force or are punished as felonies and committed against the

life, health, physical integrity, property and personal and sexual freedom, provided that a preliminary investigation has been ordered or prosecution has been filed until the case is archived or a final court decision is adopted. The fulfillment of these conditions is established by act of the competent Public Prosecutor. The act of the Public Prosecutor shall be notified to the Directorate of Migration Policy of the Ministry of Interior and Administrative Reconstruction. c. Victims of domestic violence as defined in Law. 3500/2006 (A 232). d. Third country nationals who are employed under particularly exploitative working conditions or as minors, in accordance with the provisions of article 89 Law. 4052/2012. Such conditions are those that are grossly disproportionate to the working conditions of legally employed workers and have serious impact on the health and safety of workers and human dignity. These include in particular gender discrimination. e. Persons that attend a statutory approved mental dependency treatment program, as this is demonstrated by a written confirmation of the program director. f. Third country nationals whose case has been referred to the Ministry of Interior and Administrative Reconstruction by the competent decision authorities of Article 2, case ixx) of PD 113/2013 (A 146) and the Appeals Committees of Articles 26 and 32 of Presidential Decree 114/2010 (A 195), as applicable. This category covers applicants for international protection, whose application has been rejected at first instance and the Appeals Committees that examine their appeal against the negative first instance decision decide that the applicants should not be granted refugee status or subsidiary protection status but estimate that their case should be examined under the requirements of humanitarian status. For a residence permit of this category, the objective impossibility of removal or return to the country of origin or habitual residence for reasons of force majeure is taken into consideration, such as compelling reasons of health of the applicant or a member of his family, international embargo of his country, or application of the non-refoulement clause of Article 3 Convention for the Protection of Human Rights and Fundamental Freedoms or Article 3 New York Convention of 10

December 1984 against Torture and other Cruel, Inhuman or Degrading Treatment. The application is

16 16

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submitted within a time-limit of ninety (90) days from the date of service by the competent authorities of the relevant information document to the person concerned. g. Parents of underage nationals. In order to ascertain the family ties the competent body shall conduct any inquiry necessary. h. Persons that suffer from serious health problems. The serious health problems and the duration of treatment are established by a recent medical certificate. In cases where the health problem relates to an infectious disease, the consent of the Minister of Health is required stating that there is no risk to public health. The granting of residence permits to persons suffering from serious health problems presupposes the possession by the applicant of a valid residence permit.

Section 3: National legal framework on change of status whilst remaining on

the territory of the (Member) State

Section 3.1 aims to understand the changes of status permitted by the national legislation from one immigration

category to another in cases where the migrant is not compelled to return to their country of origin. It will focus on

the conditions to apply for such changes, while providing information on how the “switch” works in practice (i.e.

responsible bodies to process applications/take decisions, where to lodge applications, information available, etc.).

This section will also aim to understand whether and what facilitations are in place to ease changes of status (in

comparison with first time applicants) by i.e. lifting restrictions, reducing fees and time for application, document

requirements/certifications, etc. This part will also examine how a change of status impacts on the rights of a

third-country nationals and how (Member) States address the change in / loss of rights.

Finally, Section 3.2 will highlight whether such measures are driven by specific policy goals (i.e. addressing labour

shortages, retaining talents, tackling bottleneck occupations, etc.) and understand to what extent they have been

based on needs assessment, have been evaluated and the results are achieved

EMN NCPs are asked to answer the following questions, at times guided by a non-exhaustive list of prompts of pre-

defined tables.

Page 17 of 44

Section 3.1: Legal possibilities to changes status from within the (Member) State

Q2a. Does your (Member) State allow third-country nationals holding any of the immigration status within the scope of this study to change

into any of the other ones whilst remaining on the territory of the (Member) State? EMN NCPs are asked to fill in the table by using one of

the options provided in each cell (Yes/No). NB: if all changes are possible, please indicate using the following option: Yes to all

Into

From

Family Education Research Blue

cards

Employee Seasonal

worker

Intra-

corporate

transferees

Investor D-type

visa

holder

Victim of

trafficking

and migrant

smuggling

Humanitarian

reasons

Family Yes Yes Yes Yes No Yes Yes No Yes Yes

Education Yes No Yes No No No No No Yes Yes

Research Yes No Yes No No No No No Yes Yes

Blue card Yes No No No No No No No No Yes

Employee Yes No Yes Yes No No Yes No Yes Yes

Seasonal worker Yes No No No No No No No Yes Yes

Intra-corporate

transferees

Yes No No No No No No No No No Yes

Investor Yes No No No No No No No No Yes

D-type visa holder Yes No No No No No No No No No

Victim of trafficking Yes Yes Yes Yes Yes No Yes Yes No Yes

Humanitarian reasons Yes: Yes Yes Yes Yes No No Yes No Yes

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Q2b. If changes of status without leaving the territory of the (Member) State are allowed (Q2a), EMN NCPs are asked to fill in the table below by adding the requested information for each possible switch (and add as many rows as possible switches.).

EMN NCPs are asked to use the pre-compiled box marked ‘example’ as reference and add as many rows as

necessary.

From Into Legal basis Policy / practice if no legal basis

Do criteria to switch differ from first time applicant?

Criteria for switch (if different from first time applicant)

Quota limitations

Example List of category(ies) into which a TCN switches

Law, Decree, etc.

Policy document.

Yes / No List of criteria required for the switch(es) only if they differ from those listed in Section 1

Yes / No. If Yes, please report the threshold

Family

All categories (except from seasonal workers and D-type visa holders)

Law 4251/2014 a. 76 (1) in conjunction with a.7 (4) and a. 77

No No

Employee

All categories(except from seasonal workers and D-type visa holders)

Law 4251/2014 a.7 (4)

No No



Law 4251/2014 a. 56

Yes The criteria do not differ but during the procedure of granting the residence permit the competent authorities take especially into consideration that the applicant holds or held a residence permit as victim of trafficking or migrant smuggling.

No

Certain categories of humanitarian


Law 4251/2014 a. 19 Α (6)

No The Minister of Interior and Administrative Reconstruction may determine the categories that may be subject to renewal. The renewal may take place following an opinion of the Migration Committees, if the reasons for which they were granted do not exist anymore.

No

Other (Please specify)

Other (Please specify)

Page 19 of 44

Q2c. If any of the change of status provided in the tables above alters the level of rights of the third-country national concerned (enhanced or reduced),

please fill in the table below, providing a short overview / analysis of the specific situation in your (Member) State. If rights enjoyed are not subject to

changes, EMN NCPs are simply asked to enter “no change”.

EMN NCPs are asked to use the pre-compiled box marked ’example’ as reference and add as many rows as possible switches.

From Into Employment Social security Education Duration of stay

Legal assistance

Mobility Family reunification

Political rights

Other

Example Example Please choose one as follows: No change Enhanced rights: specify Reduced rights: specify

Please choose one as follows: No change Enhanced rights: specify Reduced rights: specify






Please choose one as follows: No change Enhanced rights: specify Reduced

rights: specify


Family All categorical (except from seasonal workers and D-type visa holders)

It depends on the corresponding right of the sponsor




No change No change - No change

Education Blue Card Enhanced rights, since they are employees

Enhanced rights: sickness and pension insurance

No change It depends on the duration of the education. The blue card permit is in general biennial.


Education Victims of trafficking and migrant smuggling

Enhanced rights: they have the right to work

Enhanced rights: sickness and pension insurance, provided that they work

No change It depends on the duration of the education. The victims permit is in general annual


Research Blue Card Enhanced rights, since they are employees


No change It depends on the duration of the research project. The blue card permit is in general biennial.


Page 20 of 44

Research Victims of trafficking and migrant smuggling

Enhanced rights: they have the right to work

Enhanced rights: sickness and pension insurance, provided that they work

No change It depends on the duration of the research project. The victims permit is in general annual


Employee Family It depends on the corresponding right of the sponsor

Reduced rights: employees have a right to sickness and pension insurance, while family members

only sickness insurance and this depends on the corresponding right of the sponsor.

No change It depends on the duration of the permit of the sponsor


Employee Research No change Reduced rights: employees enjoy sickness and pension insurance, while researchers usually do not have pension insurance (it depends on the type of the research project).

No change

It depends on the duration of the research project

No change

No change

Enhanced rights, in force derogations from general provisions

No change

Employee Blue Card No change

No change

No change

No change

No change

No change


No change

Employee Investor Reduced rights, no work permit is

granted

No change

No change

Enhanced rights, less restrictions

No change

No change

Enhanced rights, in force derogations

from general provisions

No change

Employee Victim of trafficking and migrant smuggling

No change

Reduced rights: employees have sickness and pension insurance, while this does not happen ipso facto for victims of trafficking and migrant smuggling. Certainly, the latter entitles the person concerned to exercise employed activity.

No change

Reduced rights, shorter duration

No change

No change

No change

No change

Page 21 of 44

Therefore, in such a case, the victim will be insured as employee.

Employee Humanitarian No change (for the categories that a work permit is granted)

As above No change

Reduced rights, generally shorter duration

No change

No change

No change

No change

Humanitarian Family Reduced rights, exclusion until first renewal


No change

It depends on the duration of the sponsor’s permit

No change

No change

- No change

Humanitarian Education Reduced rights, prohibition of full employment

Enhanced rights: the residence permit for humanitarian reasons does not grant ipso facto a right to sickness insurance. By contrast, registration in a public educational institution implies insurance coverage for health care.

No change

It depends on the duration of the programme of studies

No change

No change

No change

No change

Humanitarian Research No change

Enhanced rights: generally research programmes provide for sickness insurance, often also pension insurance (it depends on the type of the research programme)

No change

It depends on the duration of the research project

No change

No change


No change

Humanitarian Blue card No change


No change

It depends on the duration of the contract

No change

No change


No change

Humanitarian Investor Reduced rights, no work permit is granted

As above No change

Enhanced rights, longer duration

No change

No change


No change

Humanitarian Victim of trafficking and

No change

No change

No change

Reduced rights, shorter

No change

No change

Reduced rights in relation to

No change

Page 22 of 44

migrant smuggling

duration depending on category

holders of a two-year humanitarian permit, no right is established if the sponsor’s permit has a duration of less than two years

Humanitarian Employee No change

Enhanced rights: sickness and pension

insurance

No change

No change

No change

No change

No change

No change


Family Reduced rights, exclusion until first renewal


No change

It depends on the duration of the sponsor’s permit

No change

No change

- No change


Education Reduced rights, prohibition of full employment

Enhanced rights: the residence permit for victims of trafficking and migrant smuggling does not grant ipso facto a right to sickness insurance. By contrast, registration in a public educational institution implies insurance coverage for health care.

No change

It depends on the duration of the programme of studies

No change

No change

Enhanced rights if the sponsor’s permit has a duration longer than two years

No change

Victim of trafficking and migrant

smuggling

Research No change

Enhanced rights: generally research projects provide

sickness insurance, often also pension insurance (it depends on the research project)

No change

It depends on the duration of the research

project

No change

No change

Enhanced rights if the sponsor’s permit has a

duration longer than two years

No change


Blue card No change


No change

It depends on the duration of the contract

No change

No change

Enhanced rights if the sponsor’s permit has a duration longer than two years

No change

Victim of trafficking

Intra-corporate

No change Enhanced rights: sickness and pension

No change Reduced rights, shorter

No change No change No change No change

Page 23 of 44

and migrant smuggling

transferees

insurance

duration


Investor Reduced rights, no work permit is granted


No change


No change

No change

Enhanced rights, in force derogations from general provisions, establishment of right

No change


Humanitarian No change

No change

No change

Enhanced rights, longer duration –depending on category

No change

No change

No change

No change


Employee No change


No change


No change

No change

Enhanced rights, a right is established since the sponsor’s permit has a duration of two years

No change

24 24

Page 24 of 44

Q3. If the criteria to change status from within the territory of the (Member) State allowed by your national

system differ from those of first time applicants, please list the procedural facilitations in place (in comparison with

criteria for first time applicants listed in Section 1) by filling in the table below. EMN NCPs are asked to use the

pre-compiled box marked ‘example’ as reference (and add as many rows as possible switches).

From Into Procedural facilitations when compares with first time applicants from the country of origin

Example Example

Possibility to apply online

Shortened processing time

Shortened decision time

Reduced fees

Reduced documentary requirements

Reduced prove of means to support

Extended duration of residence permit

Possibility to stay beyond the expiration of the previous residence permit (“tolerated status” for those who have applied before the permit expires)

Select Select

Q4. What is/are the main actor(s) and institution(s) involved in the development of such measures? If multiple

authorities are involved, how are they coordinated?

Q5. Do specific institutional communication channels (i.e. Migration Agencies’ websites) offer information on the

possibility to change status?

Section 3.2: Aims of national policies to permit changes of status without leaving the

territory of the (Member) State

Q6a. Have the measures in place in your Member State been driven by any specific policy goals (i.e. addressing

labour shortages, reducing unemployment, retaining talents, harnessing entrepreneurial skills of third-country

nationals, tackling bottleneck occupations, general economic performance targets, etc.)?

Yes

The introduction to the explanatory report of Law 4251/2014 states as policy goals of the new law to collect and

systematize the relevant provisions of the immigration legislation, which will contribute to the easier understanding

of the relevant legal framework by anyone interested, to the safeguarding and strengthening of the rights and to

the facilitation of the relevant departments, as well as the targeted interventions that modify the existing

institutional framework on critical issues such as the promotion of one-stop services, the simplification of

procedures, the reduction of the number of residence permit types that will entail the reduction of the operational

cost of services, the review of the conditions of access to the labour market and the establishment of a friendly

climate for investments by third country nationals, the promotion of the status of long-term resident for third

country nationals that reside for a long time in Greece and the adoption of a special favourable residence status for

the “second generation”. From the introduction, as well as from the analysis by article of the explanatory report no

particular information arises as to the issue of changes in immigration status.

-

Law 4251/2014 which regulates the cases of residence status changes is posted in Greek and English on the

website of the Ministry of Interior and Administrative Reconstruction. On the same site appear relevant ministerial

decisions and interpretative circulars in Greek.

25 25

Page 25 of 44

Q6b. If yes, please explain the rationale behind their design/implementation, whether such decision were based on

a needs assessment and if specific indicators/target were identified.

In case a report/publication exists, please summarise the main findings here and include a reference to the

assessment in an annex to your national report. If no, please provide also any other evidence/indicator that may

be available in your Member State in this regard (media reporting, media debates, assessment by

experts/academics, etc.).

Q7a. Have any evaluations or studies in your Member State considered the effectiveness of national measures

allowing third-country nationals to change status from within the territory of the (Member) State? Did the

evaluations or studies investigate how (Member) States have addressed the change in / loss of rights?

No

Q7b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an

annex to your national report. If no, please provide also any other evidence/indicator that may be available in your

(Member) State in this regard (media reporting, media debates, assessment by experts/academics, etc.).

Q8a. Have any evaluations or studies in your (Member) State considered the impact of such national measures to

national economy?

No



(Member) State in this regard (media reporting, media debates, assessment by experts/academics etc.).

Q9. How are such changes of status perceived in your (Member) State? Please support your argument based on existing

evidence (policy documents, political discourses, media coverage, NGO campaigns, case law examples etc.).

Q10a. Is there any evidence or are there any indications that such changes of status contribute to the prevention of

irregular stays or to reduce irregularity in your (Member) State?

No



(Member) State in this regard (media reporting, media debates, assessment by experts/academics etc.).

The explanatory report of Law 2910/2001 “Entry, residence and social integration of third country nationals in

Greek territory” highlights the introduction of new rules for avoiding occasional and uncontrollable changes of

regime used by foreigners in Greece in order to avoid undermining the law and reduce frictions between the

competent authorities and third country nationals. Law 2910/2001 was the first coherent law that attempted to

regulate issues of entry and residence of third country nationals, at a time when Greece admitted massively

populations in the wake of the collapse of regimes in the Balkans and Eastern Europe. The same goal is

mentioned in the explanatory memorandum of Law 3386/2005 that replaced Law 2910/2001.

-

-

-

26 26

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Section 4: Challenges, good practices and lessons learned

Section 4.1 examines the existing challenges and obstacles for the design and implementation of specific policies allowing third-country nationals to change status whilst remaining on the territory of the Member State as experienced by the legislator / policy maker / practitioner. EMN NCPs may also report on any challenges /barriers reported by third-country national applicants if available through available studies / evaluations (primary research is not expected).

This section should (to the extent possible) understand the obstacles to status change (or the current mainstream legal requirements that prevent status change from within the territory of the (Member) State. EMN NCPs are

asked to address any obstacle related to the eligibility criteria or to other macro-level areas such as labour market needs, employment, integration, etc. EMN NCPs are asked to present the findings and analysis of any existing studies or evidence collected in any other way and to provide any available statistics in the corresponding tables

Annex 1.

Section 4.2 aims to highlight any good practices of the (Member) States that have successfully implemented and

managed measures allowing third-country nationals to switch status without leaving the territory of the (Member)

State. This section can include also lessons learned from the practical implementation of specific policies,

programmes or schemes for the targeted categories of third-country nationals: lessons learned may address also

assessments of the expected and/or unintended (positive and negative) consequences of specific measures.

Section 4.1: Challenges and obstacles to measures to enable third-country nationals to change status whilst remaining on the territory of the (Member) State

Q11. What are the main challenges/obstacles related to the change of status for third-country nationals whilst

remaining on the territory of your (Member) State?

EMN NCPs are not required to engage with immigrant communities, but reference to existing evidence-based

research/literature/studies will be necessary to duly complete the table.

Please use the space below for information applicable to all changes and/ or the table below for change-specific

information if required.

According to article 7 (4) Law 4152/2014 change of purpose is not allowed for those that hold a residence permit

for the reasons stipulated in articles 16 (investment activity), 17 (special purposes public interest, culture, sports

and national economy), 18 (national visa seasonal workers, fishermen, members of artistic groups etc.), 20

(financially independent persons, owners of property in Greece etc.), 31 to 42 (students, volunteers), 44 to 48

(vocational training, military and similar academies, acquisition of medical speciality etc.), 57 to 67 (researchers)

and 109 to 124 (highly qualified employees) of the same Law.

The general prohibition of change of purpose of the residence permit of art. 7 par. 4 Law 4152/2014 has various

negative impacts on international students and researchers. On the one hand renders Greece a less attractive

destination for studies, since students know beforehand that they won’t have the opportunity to develop

scientifically and test their skills in the domestic labour market or turn to entrepreneurship. On the other, it

significantly reduces the research growth prospects through partnerships with institutions and scholars from

abroad. Thus, it would be appropriate to allow the change of purpose in these categories of residence permits (for

instance from student to researcher, employee, self-employed etc and from researcher to highly qualified worker

etc.).

The general prohibition in the same article may deprive many categories of residence permit holders of changing

their permit to victim of trafficking and migrant smuggling. For instance, third country nationals that have a

residence permit as seasonal workers but fall victims of labour trafficking continue to depend on the same

employer, since they are not entitled to a residence permit as victims of the criminal activity. In this way, the state

fails to ensure the respect of fundamental human rights and at the same time does not offer incentives to the

victims to file a complaint. In the same context, equally problematic is the general prohibition on changing purpose

in humanitarian and exceptional reasons.

27 27

Page 27 of 44

The category of D-type national visas that includes several specialties of foreign workers is also extremely

restrictive, since it does not allow change of residence purpose, thus impeding the free development of the

personality of this category of third country nationals (e.g. for artists and athletes) and the possibility of their

greater involvement in the Greek economy, sports and culture. Therefore, it would be appropriate to establish

conditions under which this specific change of residence purpose would be permitted.

A significant problem is also the lack of criteria for granting the initial residence permit to self-employed, as well as

the fact that is not possible to change directly the purpose of the residence permit in this category for all third

country nationals within the scope of the present study. The lifting of the prohibition might lead to development of

entrepreneurship and increase of competition with favourable effects on the economy.

Finally, it should be noted that the special card issued to applicants of international protection is not a residence

permit and therefore it is not possible to change purpose of residence until a final decision on the application is

issued. This has particularly negative consequences for persons that have filed applications several years ago and

these have not been examined, while in the meantime the reasons for which they have requested the granting of

international protection have ceased to exist. Therefore, these third country nationals that have developed strong

ties, wish to study, develop business activity etc. are excluded from changing purpose of residence. The same

problem exists for those that their application for international protection has been rejected and are under

deportation that do not fulfill the referral criteria or are not referred by the Appeals Committees to the competent

authorities for granting residence permit for humanitarian reasons, as well as for all third country nationals that

although they cannot be deported, they are not granted with an initial residence permit but receive only removal

postponement.

Finally, it would be appropriate to provide for facilities for third country nationals that wish to change purpose of

residence in relation to those that submit an initial request and ensure access to relevant information for migrant

communities as well as online resources accessible in multiple languages, so that third country nationals that plan

to migrate to Greece are informed.

From Into Challenges for national authorities in

the design and implementation of

measures allowing third-country

nationals to change status.

If possible studies should be included

(sourced as appropriate)

Challenges for applicant to change

status at both application stage (e.g.

requirements, waiting times, fees, etc.)

If possible, the views of the immigrant

community and studies should be included

(sourced as appropriate)

Select Select

Select Select

Other (please

specify)

Other (please

specify)

Please add as many rows as necessary!

28 28

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Section 4.2: Good practices and lessons learned

If there are specific examples of good practices worth highlighting, EMN NCPs are kindly asked to fill in the box

below:

Section 5: Conclusions

The Synthesis Report will outline the key findings, main observations of the Study, present conclusions relevant for

policymakers at national and EU level and identify policy pointers for future actions. Specific conclusions drawn by

(Member) State should be included in the Top Line Factsheet to prevent duplication of efforts.

The explanatory memorandum of the Law 2910/2001 "Entry, residence and social integration of third country

nationals in the Greek territory" and the explanatory memorandum of the Law 3386/2005, which replaced the Law

2910/2001, explain that the introduction of the provisions concerning this study was made in order to avoid

occasional uncontrollable changes of immigration status in Greece. Changes of the purpose of stay are currently

set by the general provision of Article 7 para. 4 of the Law 4251/2014, which replaced the Law 3386/2005. This

provision prohibits the change of status for many categories of third country nationals (eg, investors, students,

researchers, highly qualified workers, etc.). Instead, the change of purpose is permitted for third-country nationals

who have a residence permit for family reunification, employees, most categories of third country nationals holding

a residence permit for humanitarian reasons and for those who have obtained a residence permit as victims of

trafficking and smuggling. The criteria for change of status for the above categories do not differ from those

applied to those who apply for the first time and procedural facilitations when compares with first time applicants

from the country of origin are not provided.

The above-mentionned restrictive legislative framework was formed when Greece was a country receiving

immigrants and appeared to have the largest number of immigrants in the European Union pro rata. The general

context characterized, since the beginning of the 1990s and before the end of the 2000s, the political and social

developments in Europe and especially in the Balkans as well as the economic development of Greece. Given the

economic crisis, Greece is not an attractive country for immigrants any more.

Thus, we consider that the Greek State will first have to examine the ongoing trends concerning change of status

of third-country nationals residing legally in Greece and gather relevant statistics, which were not available for this

study. Then, following a quantitative and qualitative analysis of the above data, it may be necessary to review the

legislative framework on the status changes, taking into account the characteristics of third-country nationals who

wish to remain in Greece in another capacity than that for which they had originally been granted a residence

permit, despite the economic crisis. Through this effort, it is possible to obtain beneficial effects on social inclusion

and integration of migrants, to avoid the phenomenon of people residing for many years in Greece but become

illegal because they fail to renew their residence permits due to the economic crisis and subsequent attempts for

their regularisation (see. e.g. recent setting of exceptional reasons by the Law 4332/2015) and for the

development of the Greek economy.

The possibility of change of purpose for victims of trafficking and migrant smuggling could be highlighted as a

good practice. Although Directive 2004/81 contains no provision which would oblige member states to provide in

national legislation the possibility of change of purpose for the victims, the greek legislation does provide so. We

believe that the initiative of the legislator is remarkable, since apart from the protection of the victims it appears

taking into account their social inclusion.

29 29

Page 29 of 44

ANNEX 1: Statistics

This annex provides statistics on the topic of change of status. Data for Tables A1-A3; and A5-A6 will be compiled

centrally from sources indicated. However, if no data are available centrally, (Member) States are welcomed to

provide their national data.

The national data should be provided for Table A4 and Tables A7-A11.

Table A1: Applicants for international protection (2010-2014)

2010 2011 2012 2013 2014

Greece

Source: Eurostat (migr_asyappctza), data extracted XXX

Page 30 of 44

Table A2: All valid residence permits by reason on 31 December (2010-2014)

Year Reason AT BE BG CY CZ DE EE EL ES FI FR HR HU IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO

2010 Total

Family

reasons

Education

reasons

Remunera

ted

activities

reasons

2011 Total

Family

reasons

Education

reasons

Remunera

ted

activities

reasons

2012 Total

Page 31 of 44


Family

reasons

Education

reasons

Remunera

ted

activities

reasons

2013 Total

Family

reasons

Education

reasons

Remunera

ted

activities

reasons

2014 Total

Family

reasons

Education

reasons

Page 32 of 44


Remunera

ted

activities

reasons

Source: Eurostat (migr_resvalid), data extracted XXX

Page 33 of 44

Table A3: Number of “EU Blue Cards” granted (2010-2014)

(Member) State 2010 2011 2012 2013 2014

Greece

Source: Eurostat (migr_resbc1), data extracted XXX

Table A4: Issued skilled or highly skilled national labour permits (2010-2014) *

(Member) State 2010 2011 2012 2013 2014

Source: National data

* Please note that there is no national status for third country nationals high qualified employees (it is identical to the “blue card” status).

34 34

Page 34 of 44

Table A5: Total number of victims of trafficking (identified and

presumed) by assistance and protection: residence permit based on

Directive 2004/81 as well as other granted residence permits (2010-

2012)

(Member) State 2010 2011 2012

Greece

Source: Eurostat (2015) Trafficking in Human Beings, Table A12: Number of

victims (identified and presumed) by assistance and protection: residence

permit based on Directive 2004/81 as well as other granted residence permits

Page 35 of 44

Table A6: Change of immigration status permits by reason (2010-2014)

Year

Change from: Change to:

AT BE BG CY CZ DE EE EL ES FI FR HR HU IE IT LT LU LV MT NL PL PT RO SE SI SK UK NO

2010

Family status Education

Remunerated activities

Education Family


Remunerated

activities

Family

Education

2011



Education Family


Remunerated

activities

Family

Education

2012



Education Family


Remunerated

activities

Family

Education

2013



Education Family


Remunerated

activities

Family

Education

2014



Education Family


Remunerated

activities

Family

Education

Source: Eurostat (migr_reschange), data extracted XXXXXX

Page 36 of 44

Table A7: Change of immigration status permits by reason (2010-2014)*

*The requested data is not available – please refer to the information provided at the end of the table.

Change from: Change to: 2010 2011 2012 2013 2014 Data includes only

main applicants

Data includes main

applicants and

dependants

Source / further

information

Family status

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum


Other (please specify)

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Research

Family

Education

Blue card


Employee

Page 37 of 44


main applicants

Data includes main

applicants and

dependants

Source / further

information

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Remunerated

activities: Blue

card

Family

Education

Research


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Remunerated activities: highly qualified worker

Family

Education

Research

Blue card

Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Page 38 of 44


main applicants

Data includes main

applicants and

dependants

Source / further

information

Remunerated activities: Employee

Family

Education

Research

Blue card


Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Remunerated activities: Self-employed

Family

Education

Research

Blue card


Employee

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Business owner

Family

Education

Research

Blue card


Employee

Self-employed

Seasonal worker

ICT

Page 39 of 44


main applicants

Data includes main

applicants and

dependants

Source / further

information

Investor

D-type visa holder

Asylum



Remunerated activities: Seasonal worker

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

ICT

Investor

D-type visa holder

Asylum



Remunerated

activities: ICT

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

Investor

D-type visa holder

Asylum



Investor

Family

Education

Research

Blue card

Page 40 of 44


main applicants

Data includes main

applicants and

dependants

Source / further

information


Employee

Self-employed

Business owner

Seasonal worker

ICT

D-type visa holder

Asylum



D-type visa

holder

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

Asylum



Asylum

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder


Page 41 of 44


main applicants

Data includes main

applicants and

dependants

Source / further

information


Victim of

trafficking

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum


Other (Please

specify)

Family

Education

Research

Blue card


Employee

Self-employed

Business owner

Seasonal worker

ICT

Investor

D-type visa holder

Asylum



Note: Please do not leave empty cells, but use the following acronyms where required: NI (no information available), NA (not applicable).

Eurostat data will be used for switches between three statuses: Family, Education and Remunerated activities.

Page 42 of 44

* Please note that the breakdown of data, as requested in table A7, is not currently available in the case of Greece. The

following table presents available data for the whole five-year period 2010-2014.

Change of residence purpose of third country nationals in Greece

during the years 2010-2014 (5 years)

Category of residence permit Number of

residence permits From To

Family reunification

Education 25

Employment 485

Other reasons 13032

Education

Family reunification 109

Employment 153

Other reasons 3496

Employment

Education 18


Other reasons 15583

Other reasons

Education 375


Employment 2032 Source: Ministry of Interior and Administrative Reconstruction, Directorate for

Migration Policy, Directorate for Electronic Governance.

Page 43 of 44

Table A8: Number of persons who have changed immigration status 2 times by type of switch (2010-2014)


main applicants

Data includes main

applicants and

dependants

Source / further

information

Note: In order to fill in columns ‘change from’ and ‘change to’ please see examples of changes in tables A6 and A7

Table A9: Number of persons who have changed immigration status 3 times by type of switch (2010-2014)


main applicants

Data includes main

applicants and

dependants

Source / further

information


Table A10: Number of persons who have changed immigration status more than 3 times by type of switch (2010-2014)


main applicants

Data includes main

applicants and

dependants

Source / further

information


Box A1: Is the processing time set in the national legislation? If yes, does it differ for different groups of migrants –

in legislation and/ or in practice?

If the answer is yes, please fill in the Table A11, specifying in the narrative whether it differs in legislation and/ or practice:

Page 44 of 44

Table A11: The average processing time to change the status (the time span between the application for change of status and

the granting of the change of status), by purpose of stay in 2014

Into

From

Family Education Research Blue

cards

Highly

qualified

worker

Employee Self-

employed

Business

owner

Seasonal

worker

ICT Investor D-type

visa

holder

Asylum Victim of

trafficking

Other

(please

specify)

Family Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Education Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Research Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Blue card Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Highly

qualified

worker

Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Employee Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Self-employed Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Business

owner


Seasonal

worker


ICT Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

Investor Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:

D-type visa

holder


Asylum Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select: Select:



Other (please

specify)


Note: Please fill in the table using one of the

options provided (by clicking on the cell):

A few days

From a few days to a week

Up to two weeks

Up to a month

More than a month

NI – no information available

NA – not applicable

Documents

The project is co-funded by the European Union and the ... · Committee: Ms. Kornelia Rantik, Ms. Eleni Vastardi and Ms. Angeliki Grammatikopoulou (Directorate for Migration Policy,