IOM Legal Guide English 2.Pdf

MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 1

Migration legal guide for practitioners in Greece 2 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

Table of Contents

INTRODUCTION 5 Foreword 5 IOM Greece 6 Legislative context 7 Purpose 8

PART A – RESIDENCE PERMIT 9 I) General Rules for all Residence Permit Types 9 II) Types of Residence Permits 14 1) Residence Permit to third-country nationals and minors, victims of trafficking and smuggling 14 2) Residence Permit to third-country nationals, victims and material witnesses of criminal actions (Article 19A (1b) Law 4251/2014) 26 3) Residence Permit to third-country nationals, victims of domestic violence (Article 19A (1c) Law 4251/2014) 27 4) Residence Permit to third-country nationals, who have been employed under particularly exploitative working conditions or as minors (Article 19A(1d) Law 4251/2014) 28 5) Residence Permit to third-country nationals, who attend a legally approved addiction treatment program (Article 19A (1e) Law 4251/2014) 30 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 3

6) Residence permit of third-country nationals whose application for international protection has been rejected and their case is referred to the Ministry of Migration Policy. (Article 19A (1f) Law 4251/2014) 31 7) Residence permit to third-country nationals, parents of Greek minors. (Article 19A (1g) Law 4251/2014) 32 8) Residence Permit to adult third-country nationals unable to take care of their own matters due to severe health reasons and minors in need of protection measures and accommodation in Institutions or other public purpose entities) (Article 19A (2a) Law 4251/2014) 33 9) Residence Permit to minors, whose custody has been entrusted to Greek families or families of third-country nationals who legally reside in Greece or the adoption of whom is pending before the Greek authorities (Article 19A (2b) Law 4251/2014) 34 10) Residence Permit to third-country nationals, victims of accidents. (Article 19A (2c) Law 4251/2014) 35 11) Residence Permit to minors, accommodated in boarding houses. (Article 19A (2d) Law 4251/2014) 36 12) Residence Permit to third-country nationals for health reasons. (Article 19A (2e) Law 4251/2014) 37 13) Residence Permit to third-country nationals for exceptional reasons (Article 19 law 4251/2014) 38 14) Residence Permit to third-country nationals 4 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

on family reunification (Article 69 Law 4251/2014, article 8.46 law 4332/2015) 42 15) Residence Permit to adult third-country nationals, who were born in Greece, or have studied in Greek schools for six years (article 108 law 4251/2014) 46 16) Work permit for irregular third-country nationals working in agriculture (article 13 Law 4251/2014) 47 17) Special Certificates of Legal Residence (Article 25 law 4251/2014) 49

PART B 51 1. RIGHTS 51 2. OBLIGATIONS 53

TABLES 55

ALIENS AND IMMIGRATION SERVICE CONTACTS 70 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 5

INTRODUCTION

Foreword As a founding member of the International Organization for Migration, IOM Greece has a long history of working closely with authorities and civil society in as- sisting and supporting migrants in need along its 65 years of presence in the country.

During the recent migrant and refugee crisis, IOM has further strengthened its presence in Greece cooperating with different donors and the Greek authorities in the man - agement of flows both in the islands and the mainland. The IOM interventions focused on a wide range of activities including shelter and transportation as well as protection related issues. In particular, under the project “Emergency support to assist most vulnerable migrants stranded in Greece” funded by DG “Migration and Home Affairs” of the European Commission, Asylum, Migration and Integration Fund (AMIF) IOM has been providing social, psychological and legal assistance to over 5,000 migrants around the country.

Implementing this project, IOM identified a need for alternative protection pathways for migrants and asylum seekers, who do not always fall within the definition of refugees, nonetheless need to receive attention due to their high vulnerability and cannot be simply returned home as irregular migrants or rejected asylum seekers. Moreover, it appeared very difficult to qualify single individuals as part of a specific category having asylum seekers that were at the same time victims of trafficking, violence, or exploitation.

It is unequivocal that all these categories need to be considered and must be as - sessed while taking a decision on the future status of a migrant. Greece has made very significant steps in this regard and the Law 4251/2014 “Immigration and Social Integra- tion Code and other provisions” is very comprehensive in trying to address the complexity of a phenomenon that is often confined to very general categories and strict parameters. The Greek mechanisms created by the law are excellent in recognizing that different migrants have different needs and to ensure targeted protection activities.

With this booklet, IOM wants to support and complement the Greek efforts in this field creating a very operational tool that would assist practitioners in the im - plementation of Greek Law and European Directives. This booklet provides a comprehensive overlook of all protection schemes available to migrants according to the Greek laws supporting relevant professionals in the provision of immediate assistance thus avoiding further marginalization of the most vulnerable.

IOM is particularly proud of this initiative and grateful to the European Com- mission and the Ministry for Migration Policy for having made it possible.

Gianluca Rocco Chief of Mission IOM Greece 6 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

IOM Greece The most significant Greek emigration flows started in 1952 to the mid- 1970s. Since 1954, the Organization had initiated and offered vocational training courses to Greek workers, providing them with professional back- ground, as well as cultural orientation to facilitate their integration into the host society. The Greece Mission has assisted over 140.000 Greek national em- igrants who settled in USA, Canada, Australia and other overseas countries. Greece has been traditionally one of the most important emigration countries following the Second World War and is a founding member of IOM. The Athens Mission operates on the basis of an Agreement of 17 April 1952, between the Greek Government and IOM (ICEM). This Agreement defines the scope of IOM activities and sets out in detail its responsibilities. IOM car- ries out counter trafficking activities, through partnerships with the Nation- al Coordinating Mechanism, the Hellenic Police, other Ministries and civil society and provides support to NGOs, as well as ensures the implementation of voluntary returns of victims of trafficking and vulnerable migrants. During the 1980s, Greece became a transit country for Eastern Europeans, Middle Easterners and Africans. IOM Athens organized and implemented the resettlement of 89.000 foreign migrants and refugees mainly to USA, Canada, Australia and New Zealand. As from the beginning of the 1990s, Greece started receiving large inflows of immigrants from Central and Eastern Europe following the collapse of the communist regimes, with large number from Albania too. As of 2007, the number of irregular migrants and asylum seekers arriv- ing in Greece by boat, (from Pakistan, Bangladesh, Iraq, Afghanistan, etc.) through the Aegean Sea, increased significantly. However, as of 2010, a shift from the sea to the land border has taken place, resulting in increased illegal border-crossings at the Greek land border with Turkey, which constitute ap- proximately 85% of all the detections of illegal border crossing at the EU level. These large influxes of irregular migrants from Asia and Africa, who view Greece as a gateway to the European Union, end up being stranded in the country. Since June 2015, Greece started receiving an increased number of migrants and refugees who entered through the blue borders of the country. In March 2016, according to IOM’s data - 164,961 migrants and refugees have arrived to Europe by land and sea routes since the start of 2016, the majority of whom have entered by sea through Greece (148,781)1.

1. http://migration.iom.int/europe/ MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 7

The situation in Greece had significantly deteriorated when new border re- strictions have been imposed by the Former Yugoslav Republic of Macedonia, resulting in a concentration of migrants in mainland Greece. Consequently 50,000 migrants were reported as being stranded in Greece in the first quar- ter of 2016. 60% of them were people originating from Syria and Iraq, 30% from Afghanistan, and 10% from other nationalities (including Iran and Pa- kistan). Out of these, 46 % of the population were females, 41 % - children. By the end of June 2017, Greece has seen a 93% lower number of arriv- als when compared to the same period 2016 (10,679 and 160,115 respectively). According to recent IOM data, by the end of June, Greece hosted more than 86% of migrants. More precisely 62,270 are currently stranded in Greece which is a 46% increase when compared to the end of March 2016. Constant movements between settlements, namely sites on the islands, mainland, urban accommodation and other facilities (i.e. shelters for unaccompanied migrant children), as well as usage of entry and exit roads from the country, create a highly dynamic environment and changes in the number and profile of persons in need. As part of response to migrant and refugee crisis, IOM Greece has been providing support to beneficiaries in the sites around Greece (both mainland and islands, ur - ban areas) through AVRR, improvement of living conditions and site management support, direct assistance and protection, relocation programme. The response is provided in close collaboration with Greek Government, EU Agencies, local and international organisations, NGOs, EU member states and other countries.

Legislative context The main legislative instrument on migration was Law 3386/2005, “Entry, residence and social integration of third country nationals into the Greek territory”, providing for the unification of the residence and work permits, as well as introducing the “reflection period” for victims of trafficking. The provision was revised under Law 3536/2007, “Determining matters in migration policy and other issues falling into the competence of the Ministry of Interior, Public Administration and Decentralization”. With Law 3907/2011, the Greek authorities launched a new migration management system, through the setting up of an independent Asylum Ser- vice, the establishment of First Reception Centers and the transposition of 8 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE the EU Directive 2008/115/EC (Return Directive) into the national framework. In 2014, the «Immigration and Social Integration Code» came into force with the adoption of Law 4251/2014. The Code mainstreamed the existing migration provisions and introduced new-targeted interventions in the national legislation. Finally with Law 4375/2016 Greece adopted the EU Directive 2013/32/EC2, and better defined the functioning of the Asylum Service, the Appeals Authority, the Re - ception and Identification Service and set up the General Secretariat for Reception.

Purpose The purpose of this guide is to provide practitioners, social services, health professionals, NGOs and other actors with a general overview on the wide variety of residence permits and new protection schemes that the Greek legislation has recently introduced in favour of vulnerable migrants. Law 4251/2014 that set up the Greek Immigration Code introduced a set of provisions that tackle, for the first time in such a comprehensive way, some specific vulnerable groups (i.e. victims of trafficking, domestic violence and exploitation, addicted migrants and unaccompanied minors) and provide ad hoc assistance. The first section of this guide sets forth the general principles that apply to the residence permits while the second describes in details the criteria and the circumstances under which each single residence permit is granted.

2. European Directive “on common procedures for granting and withdrawing the status of international protection, provisions on the employment of beneficiaries of international protection and other provisions”. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 9

PART A – RESIDENCE PERMIT

I) General Rules for all Residence Permit Types

Upon entry if the third-country national goes through the Reception and Identification Centre (RIC), Art 9, par. 1, L. 4375/20163 applies. Applications for granting or renewing residence permits shall be submitted to the competent Directorate for Aliens and Migration of the Decentralized Admin- istration in the applicant’s area of residence or to the Directorate for Migration Policy of the Ministry of Migration Policy in Piraeus, 5, Ag. Dionysiou Street. The application for the initial granting or renewal of residence permits or any additional documents can be submitted and the residence permit or the rejection decision can be collected either by the third-country national in person or by an authorized attorney or his/her spouse, ascendants and adult descendants, if the main applicant has a valid residence permit. The authorization must be in writing, the signature of the authorizing person must be verified for its authenticity by any public authority, if the third-country national remains in the country legally, or notarized by a power of attorney in case of missing legal documents. Service by bailiff of any document or supporting documents for the initial issuance or renewal of a residence permit is not allowed.

3Article 9. Reception and identification procedures

1. All third-country nationals and stateless persons who enter without complying with the legal formalities in the country shall be submitted to reception and identification procedures. Reception and identification procedures include: a) the registration of their personal data and the taking and registering of fingerprints for those who have reached the age of 14, b) the verification of their identity and nationality, c) their medical screening and provision any necessary care and psycho-social support, d) informing them about their rights and obligations, in particular the procedure for international protection or the procedure for entering a voluntary return program, e) attention for those belonging to vulnerable groups, in order to put them under the appropriate, in each case, procedure and to provide them with specialized care and protection, f) referring those who wish to submit an application for international protection to start the procedure for such an application, g) referring those who do not submit an application for international protection or whose application is rejected while they remain in the RIC to the competent authorities for readmission, removal or return procedures. 10 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

For the renewal of the residence permit, the third-country national must lodge an application within two months before expiry of the residence permit. An overdue application for renewal of a residence permit may be submitted up to one month after expiry. In this case, the third-country national is subjected to a fine of fifty (50) euros. Any overdue applications after that one-month period shall not be received, unless there are proven reasons of force majeure. Force majeure is, for example, a serious health problem that prevented the third-country national from promptly lodging the renewal application. The third-country national or the authorized person, to be granted a residence permit, submits the documents according to ministerial decision 27265/2016 (Government Gazette B 1914 / 06.27.2016) in conjunction with Joint Ministerial Decisions, Nos. 68019/2015 and 30825/2014, on “Specifying documents required for issuing national visas and the granting and renewal of residence permits in accordance with the requirements of Law 4251/2014”. Law 4251/2014 also applies in cases of withdrawn asylum applications for third-country nationals. Border procedures provide that “after the registration and identification procedures, third-country nationals who are not applicants for international protection or other form of protection and do not have a legal residence title in Greece, are referred to police authorities for deportation, return and readmission procedures (Law 4375/2016 art. 14 para 10). On the islands, practically the moment the person resigns from the asylum application, they are immediately detained and will be on the list for the next readmission to Turkey. Nevertheless, during this period they could apply for a residence permit under article 19A, Law 4251/2014, as amended with Law 4332/2015, if they are eligible.

Common requirements for all types of residence permits are: » Four (4) recent colour photographs, with technical specifications similar to the photographs of passports4; » A certified copy of a valid passport or travel document recognized by Greek authorities, with the exception of third-country nationals who are objectively lacking passports and can submit, instead of a passport or travel document, a solemn declaration, stating the specific conditions or situations for the existing temporary or permanently objective inability to possess a passport and relevant

4The photo must be recent, taken in the last month before the submission of the application; the dimensions of the photo must be 4x6 cm (without a frame); the photo must be displayed or printed on high quality white photographic paper, which will not be watermarked or embossed, printed in high definition, without any dots (pixels -raster); it must not be printed by Inkjet or Laser printers. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 11 documents to prove it5 ; » An electronic fee according to Article 132 of Law 4251/2014; » Certificate that an application has been submitted to the relevant health insurance fund to cover hospital, medical and accident expenses or an insurance contract with a private insurance company, if permitted by law; » Electronic fee of EUR 16, for the printing of the stand-alone document. The printing fee is irrelevant from the submission fee for the granting or renewal of a residence permit, and must be paid even though the person is exempt from paying the submission fee. In general, it should be noted, that there is an obli- gation to pay the fee, for all third-country nationals, including minors; » If the place of birth of the third-country national is not mentioned in the passport or it is mentioned in a way not acceptable by Greek authorities, an official public document of the country of birth or origin should be provided, officially translated and legally authenticated, clearly showing the place of birth. In the translation of said document, it should be ensured that the name of the place of birth is also written in Latin characters, even if the language of the country of origin does not use the Latin alphabet. » Obtaining biometric identifiers (see regulation EC no 380/2008) (fingerprints and signature sample). In particular, taking fingerprints is compulsory as of 6 years of age and the signature sample can be collected on request, during the year the third-country national reaches the age of 12. Finally, the third-country national must submit a medical certificate, if it is not possible to obtain biometrics from any hand due to temporary or permanent inability for medical reasons. Provided that the required supporting documents are complete the competent department shall procure an application certification (certificate Type A), the duration of which is annual. This certificate is specifically granted upon an initial application, when the certificate that an application has been submitted to the competent insurance fund for hospitalization, medical costs and labour accident costs or a health certificate by a Greek State Hospital, wherever said documents are required under the applicable law. In this case, the applicant should provide the missing documents within six months from the submission of the application. The applicant legally remains in the country for the period of validity of that certificate. If at the end of the validity period, the residence permit is not granted yet, the competent department shall procure a new certificate informing about the reasons of not issuing a residence permit.

5A document of the Consulate of the country of origin, officially legalized and translated by a Greek public authority. 12 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

The application entails the consent of the applicant to provide biometric Identifiers. A written notice is given to the applicant, about the way to provide biometric Identifiers. This ensures that the applicant has been informed that it is obligatory to provide biometric Identifiers, and that if he/she refuses to do so, without giving reasons, or if he/she doesn’t show up for this purpose, the application could be rejected. If the applicant is present at the time of the submission of the application, the biometric identifiers could be provided then. But when the application for a residence permit has been submitted via an attorney or any other authorized person, said person is served with an invitation for third-country national to provide biometrics on a specific date.

The stand-alone residence permit, includes the following: » holder’s photograph; » the indication of the holder’s right of access to the labour market, plus the indication (for national use) of the code number of the public service that has issued the residence permit as well as the file number; » the holder’s digitized signature (if he/she is over 12 years old); » the date and place of birth as indicated in the passport or in the travel document; » the code number of the country of birth; » the gender; » the specific provision of the law under which the residence permit is granted; and » the fingerprints, unless the document does not include fingerprints, due to temporary or permanent disability, in one or both hands. The residence permit will be granted to all third-country nationals whose residence status falls within the regulatory scope of Law 4251/2014 (Immigra- tion and Social Integration Code) and Presidential Decree 106/2007 (European nationals’ family members), whether it concerns an initial granting or renewal of a residence permit. This permit may be granted to third-country nationals who are objectively lacking passports, if, all other requirements are met. Those third-country nationals who were provided until 20.2.2017 with a residence permit in the form of a sticker are not required to replace it with the stand-alone residence permit, as this will be acceptable for all transactions until the expiration of the residence permit or the passport. The replacement will be carried out during the renewal or reissuing of the residence permit in case of MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 13 expiration of the passport on which the residence permit is attached in the form of a sticker (vignette). The residence permit is handed to the applicant by the competent Decentralized Administration or by the Directorate of Migration Policy of the Ministry of Migration Policy accompanied by a delivery receipt and a copy of the relevant decision. When receiving the residence permit, in person or by proxy, the third-country national should present the passport or any other travel document, save in the case of persons who have been found to be objectively unable to produce a passport. A necessary condition to deliver the acceptance decision of the residence permit application is the return by the applicant of the submission certificate. If the applicant does not show up to receive the residence permit, the relevant permit shall be retained for up to one month after the expiry, and may be delivered to the applicant, if he/she shows up in person or by proxy, within that period. After this period and within a reasonable time, the applicant could be delivered an exact copy of the relevant decision of the Coordinator of the Decentralized Administration or Ministry of Migration Policy, only in case the applicant claims a legitimate interest. The delivery of the above exact copy of the decision shall not entail the ability of renewal of the residence permit, unless it is proven that untimely delivery of the residence permit was due to force majeure. Rejection decisions or decisions to withdraw residence permits, incorporating decisions on return, are delivered by the competent service of the Decentralized Administration or the competent Directorate of the Ministry of Migration Policy, which issued it, accompanied by a delivery receipt and a true copy of the relevant decision. Such decision shall be issued within sixty days from the date that a written notice was sent to the applicant. On receipt of a rejection or withdrawal decision, whether in person or by proxy, the recipient shall present his/her passport or any other travel document, except those who are objectively unable to present a passport, and hand in the certificate. Notification of rejection or withdrawal of residence permits shall be made by written notice. Past expiration of the deadline, interested persons shall receive a copy of the relevant decision on the rejection or withdrawal of the residence permit.

The residence permit will not be issued or renewed, or will be withdrawn if: » The requirements are not met; » An official document is issued by a competent Greek authority or a final court judgment stating that false or misleading information, false or falsified documents were used, that fraud was otherwise committed or other unlawful means were used for the issuance of the residence permit; 14 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

» The applicant does not respond within two months to a written notice for any matter concerning the procedure for the issuance of the residence permit. If a granted residence permit is withdrawn or if an application to grant or renew a residence permit is rejected, the competent according to each case services shall issue a return decision. Remedies against such a decision shall not be considered if sought past a reasonable period of up to six (6) months from delivery of the decision, save in the case of reasons of force majeure.

II) Types of Residence Permits

1) Residence Permit to third-country nationals and minors, victims of trafficking and smuggling

Article 3 of the Protocol to Prevent Suppress and Punish Trafficking in Per- sons, defines Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, the abuse of power or a position of vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs. According to the Greek Immigration and Social Integration Code (Law 4251/2014), a victim of trafficking means both a person for whom there are substantial reasons to be considered a victim of any of the crimes described in Articles 323 (Slave Trade)6, 323A (Human Trafficking)7, 323Β8 (Conducting

6 Article 323 - Slave Trade 1. Any person who proceeded to slave trade is punished by imprisonment. 2. The slave trade includes any act of capture, acquisition and disposal of an individual, which seeks to make him a slave, any act of acquisition of a slave with the purpose of resale or exchange, the act of assignment by sale or exchange of an acquired slave and generally any act of trade or transport of slaves. 3. Any person who undertakes any service onboard a ship, knowing that the ship is intended to carry out slave trade or not is being already used for this purpose, as well as any person who remains voluntarily in this service knowing the destination of the ship or its use for such purpose, is punished by imprisonment of at least six months. 4. Any person who contributed directly or indirectly to chartering the ship knowing that the chartering is to undertake trade in slaves, is punished by imprisonment of at least six months. 5. Any person who transports slaves from one place to another, without the purpose of trafficking them, but even without this transportation taking place to release them, is punished by imprisonment. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 15 trips whose purpose is for participants to engage in intercourse or other indecent acts against children - sex tourism), 3399 (Seduction of minors) (1) and (4), 34210 (Abuse of minors) (1) and (2), 348Α 11 (Child pornography),

6. Punished by the same sentence is the owner and the captain of the ship, by which such transportation of slaves would take place with them knowing.

7Article 323A - Human trafficking (for labour exploitation and removal of organs) 1. Whoever with the use of violence, threat or other coercive means or with the exercise or abuse of power, hires, transports or transfers within or outside the country, detains, harbours, encourages, delivers with or without compensation or takes from another person a person to take organs from his body or to exploit his labor is punished with imprisonment of up to ten years and pecuniary sanction of 10,000 to 50,000 Euros. 2. This sentence is also imposed to offenders who attain the same end misleading victims taking advantage of their situation by making false promises and commitments, offering gifts, presents or other benefits. 3. Those, who will full cognizance accept the work of persons under the situation described in para 1 and 2 are punished with imprisonment of at least six months. 4. Offenders whose actions are committed: a) against a minor; b) by profession; c) by an employee who, while exercising his duty or taking advantage of his capacity, commits or participates in any way whatsoever in the act; d) have as consequence serious bodily injuries of the victims are punished with imprisonment of ten years minimum and pecuniary sanction of 50,000 to 1000,000 Euros. 5. Whoever uses the means mentioned in paragraphs 1 and 2 to recruit minors with the purpose to use him/her in armed conflicts shall be punished with imprisonment of at least 10 years and a fine of 50,000 to 100,000 Euros. 6. The perpetrator of the acts mentioned in the previous paragraphs shall be punished with life imprisonment if the act resulted in the death of the victim. 8Article 323B - Conducting trips whose purpose is for participants to engage in intercourse or other indecent acts against children (sex tourism), according to which any person who organizes, finances, directs, supervises, advertises or intermediates in any manner or means in the holding of trips whose purpose is for participants to engage in intercourse or other indecent acts against children shall be punished by imprisonment for up to ten years (i.e. imprisonment from 5 to 10 years on the basis of article 52§3 PC). Any person who participates in the trips referred to in the preceding sentence with the said purpose shall be punished by imprisonment for at least one year (i.e. imprisonment from 1 to 5 years based on article 53§4 PC4), irrespective of their liability for the commission of other acts. 9Article 339 §1,4 - Seduction of minors 1. One who commits an indecent act with a person under 15, or causes this person to commit or undergo such an act through deception, is punished as follows: a) if the victim is under 12, with at least ten years’ imprisonment; b) if the victim is 12-14 years old with up to ten years imprisonment; c) if the victim is 14 or 15 years old, with at least two years’ imprisonment. 4. Anyone who incites or lures a minor, under fifteen (15) to attend among others a lewd act, even if not involved in it, is punishable with imprisonment of at least two years.

10Article 342 §1,2 - Abuse of minors 1. An adult who commits lewd acts with a minor, entrusted for supervision or guarding, even temporarily, is punishable as follows: a) if the victim is under 14, with imprisonment of at least ten years, b) if the victim is 14- 18 years old, with imprisonment. 2. If the act is committed by: a) a relative, b) a person cohabiting with the minor or maintaining friendly relations with his/her relatives, c) a teacher, educator, trainer or any other person tutors the minor, d) a person who receives the services of a minor, e) priest with whom the child maintains spiritual connection, f) a psychologist, a doctor, nurse or skilled person that provides services to the minor, g) by a person abusing mental or physical disability of the minor. 16 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

348Β12 (Recruitment of children for sexual purposes), 34913 (Pandering), 35114 (Human Trafficking for sexual exploitation) and 351A15 (Lewd act against minors for payment) of the Greek Penal Code, before criminal prosecution; and a person against whom any of the above crimes were committed and for which proceedings were initiated, irrespective of whether this person has entered the country legally or illegally. Under the previous indent, when the victim of the crime set out in Article 33616 (Rape) of the Penal Code is a minor, he/she is considered a victim of trafficking. The ‘victim of trafficking’ status is granted by the competent First-Instance Prosecutor, both after initiating proceedings against a crime as described above or before any criminal prosecution for the above offences. In the latter case, the release of the residence permitrequires the written opinion of two experts, either psychiatrists, psychologists or so-

11 Article 348Α - Child Pornography 1. Any person who intentionally produces, distributes, publishes, imports or exports, transports, offers, sells or in any other way disposes, buys, is supplied with, buys, obtains, acquires or possesses child pornographic material or disseminates or transmits information in relation to the commission of the above acts, is punished by imprisonment of at least one year and pecuniary sanction of 10,000 to 100,000 Euros. 2. Any person who intentionally, produces, offers, sells or in any way disposes, distributes, transmits, buys, obtains or acquires child pornographic material or disseminates information in relation to the commission of the above acts via a computer system or by using the Internet is punished by imprisonment of at least two years and pecuniary sanction of 50,000 to 300,000 Euros. 3. The representation or the real or virtual impression in an electronic or another medium of the body or part of the body of a minor in a manner that clearly causes sexual arousal, as well as of the real or virtual indecent act conducted by or with a minor, comprises child pornography within the meaning of the preceding paragraphs. 4. The acts of the first and second paragraph are punishable by imprisonment of up to ten years and a pecuniary sanction of 50,000 to 100,000 Euros if: a) they were committed as a profession or habitually; b) the production of child pornography material is connected with the exploitation of the needs, the mental or emotional health or physical disability due to an organic disease of a minor or with exercising or threat of using force on a minor or by utilizing a minor who has not attained the age of 15; and c) if perpetrator who produced the material is one of the reported cases a) to f) in paragraph 2 of article 342 persons. If such an act as described in cases b) and c) resulted in serious bodily injury of the victim, it will entail a sentence of at least ten years’ imprisonment and a pecuniary sanction of 300,000 to 500,000. If, however, such an act resulted in the victim’s death, then life imprisonment is imposed.

12Article 348 B - Recruitment of children for sexual purposes According to which any person who intentionally uses the information and communication technology to pro- pose to an adult to meet a child less than 15 years old with the purpose of committing the offences referred to in paragraphs 1 and 2, articles 339 and 348A, namely the offences of child seduction and child pornography, when such proposal is followed by further acts leading to the commission of such offences, shall be punished by imprisonment for at least two years (i.e. from 2 to 5 years) and a pecuniary sanction from 50,000 to 200,000 euros; MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 17

13Article 349 – Pandering 1. Those who act as go-between to other persons’ sexual desires, procure and encourage, harbour or force or facilitate or participate in the prostitution of minors, shall be punished with imprisonment of up to ten years and with a pecuniary sanction of 10,000 to 50,000 Euros. 2. The perpetrator shall be punished with imprisonment and a fine of 50,000 to 100,000 Euros if the crime was committed: a) against minors under the age of 15; b) by means of deception; c) by a relative in the ascending line, whether blood or in law, by an adoptive parent, spouses, guardians, or others who teach, have custody of, take care of, guard or supervise underage minors; d) by an employee who, while exercising his duty or taking advantage of his capacity, commits or participates in any way whatsoever in the acτ; e) with the use of electronic means of communication, f) with the offer or promise of payment of money or any other benefit. 3. Whoever by profession or for profit, promotes women to prostitution shall be punished with imprisonment of at least 18 months and a pecuniary sanction. The commitment of the act by an employee, who during the execution of his duties or by taking advantage of his capacity as employee commits or participates in any way in the act is an aggravating circumstance.

14Article 351 – Human Trafficking for sexual exploitation 1. Any person who by use of violence, threat or other coercive means or by imposition or abuse of authority, engages, transports or transfers within or outside the Greek territory, detains, harbours, delivers for or without exchange to another person, or receives from another person proceeding to his/her sexual exploitation is punished with imprisonment of up to ten years and pecuniary sanction of 10,000 to 50,000 Euros. 2. The liable person is punished by the sentence of the previous paragraph if, in order to achieve his purpose, he elicited the consent of the person by using deceitful means or misguided him taking advantage of his vulnerable situation by promises, gifts, payments or giving other benefits. 3. Any person who engages in indecent acts with a person under the conditions described in paragraphs 1 and 2 shall be punished by imprisonment of at least six months. 4. Punished by imprisonment of at least ten years and pecuniary sanction of 50,000 to 100,000 Euros is the liable person, under the previous paragraphs, if the act: a) is committed against a minor, or is connected with the victim’s mental disability or deafness; b) is committed by one of the persons referred to in case c, paragraph 2, Article 349; c) is connected with the illegal entry, residence or exit of the victim from the country; d) is committed as a profession; e) is committed by an employee who, while exercising his duty or taking advantage of his capacity, commits or participates in any way whatsoever in the act; f) resulted in grievous bodily harm of the victim. 5. Life imprisonment is imposed if certain of the acts of the first and second paragraph resulted in the death of the victim. 6. Sexual exploitation, in accordance with the previous paragraphs, comprises the attempt out of profiteering of any whatsoever indecent act or the utilization out of profiteering of the body, the voice or the image of the person for the actual or feigned attempt of such act or for the rendering of work or services aiming to sexual arousal.

15Article 351A - Lewd act against minors for payment 1. Adults who perpetrate lewd acts with under age persons with remuneration or other material considerations, adults who cause lewd acts to occur between under age persons before themselves or before others, are punished as follows: (a) if the victim is less than ten years old, by imprisonment of at least ten years and pecuniary sanction of 100,000 to 500,000 Euros, (b) if the victim is 10-15 years old, by imprisonment of up to ten years and pecuniary sanction of 50,000 to 100,000 Euros, and (c) if (the victim) is over fifteen, by imprisonment of one year at least and pecuniary sanction of 10,000 to 50,000 Euros. Article 83 para e is not taken into consideration in apportionment of the penalty. 2. Habitual perpetration of the act according to the previous paragraph comprises an incriminatory condition. 3. Life sentence is imposed if the act of the first paragraph caused the death of the victim.

16Article 336 - Rape 1. Any person who by physical force or threat of serious and immediate danger forces another person to sexual intercourse or other indecent act or its tolerance is punished by imprisonment. 2. If the act of the previous paragraph was committed by two or more perpetrators who were acting in common, an imprisonment of at least 10 years is imposed. 18 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE cial workers, employed in a protection or assistance service or unit referred to in Articles 2, 3 and 4 of Presidential Decree 233/200317, as in force, or the Initial Reception Service, NGOs, the IOM, International Organizations or other specialized and state-recognized protection and assistance bodies, pursuant to the provisions of Articles 2, 3 and 4 of Presidential Decree 233/2003. The status is issued, regardless of whether the victim is cooperating with the criminal investigation authorities, where the prosecutor deems appropriate, following the consent of the Prosecutor of Appeals that the conditions

17GOVERNMENT GAZETTE OF THE HELLENIC REPUBLIC

Number 204A, August 28, 2003

Presidential Decree Number 233 Protection and Aid to victims of crimes provided for in articles 323. 323A, 349. 351 and 351A of the Penal Code, mandated by article 12 of Law 3064 of 2002

THE PRESIDENT OF THE HELLENIC REPUBLIC Having regard to: 1. The provisions of article 12 of law 3064 of 2002 2. Article 29A of Law 1558 of 1985, addendum of article 27 of Law 2081 of 1992 and supplemented by article 1 of Law 2469 of 1997 3. The decision of the Prime Minister, and the Minister of Finance on competence of Deputy Ministers of National Economy and Finance 4. That the annual cost caused by the provisions of the present cannot be estimated and would be carried by the budgets of Public Services, Municipalities and Legal Entities of Public Law 5. Presidential Decree 81 of 2002 about merger of Ministries of National Economy and Finance 6. The opinion No 328/2003 of the Council of State on the draft proposed by the Ministries of Interior, Public Administration and Decentralization, National Education and Religions, Labor and Social Security, Health and Welfare, Justice, Public Order and National Economy and Finance,

We decide:

Article 1 1. Protection is offered to victims of crimes provided for in articles 323, 323A 349, 351, 351A of the Penal Code (to be called “victims”). 2. For the purposes of the present legislation, a victim is any person, Greek or foreigner, whose life, corporeal integrity, and personal and carnal liberty has suffered damage or has run an immediate risk. 3. For the purposes of the present legislation, public sector and local municipalities’ services and units that can offer protection and assistance to the victims of trafficking, are considered Services or Units of Protection and Aid. Article 2 1. Protection and aid granted to victims who have sought shelter to Protection and Aid Services and Units referred to the annex of the present, for crimes provided for in article 1, para 1 of the present, irrespective of a criminal suit. 2. Protection is granted for as long as the danger exists and aid for the period judged necessary by the authorities granting protection and aid. Article 3 Competent Ministries, Legal Entities of Public Law and Municipalities may cooperate and make agreements with MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 19 set out in Article 1 (2) of Presidential Decree 233/2003 are met or that the victim is not cooperating because of threats against members of his/her family who are in Greece, in his/her country of origin or elsewhere and that, if the victim is not protected or removed from the country, these persons face an imminent danger. This process also applies for granting a person the ‘illegal immigrant smuggling victim’ status, as defined. Victim of illegal immigrant smuggling means both a natural person who, based on valid reasons, may be considered a victim of any crime referred to in

Legal Entities of Public Law, Legal Entities of Private Law of nonprofit character, and/or non-governmental organizations. The agreements concluded should define in detail the duties and obligations of the parties involved, the duration of the agreement and all relevant issues. Article 4 1. Services and units providing protection and aid must take the necessary measures for the safety of the victims and of their personnel, as well as for the safety of their premises. Protection and aid units may request help and advice on security from the Police. 2. In case there is a need to move a victim out from the shelter because his/her life, corporeal integrity, and personal and carnal liberty are in an immediate risk, assistance is provided by the police. 3. Assistance provided by the police is regulated by article 159 and 161 of Presidential Decree 141/1991). Article 5 Victims who are under 18 years of age have the right to attend public schools, which have or are going to have foundation and cramming classes, or intercultural curricula. Article 6 1. Victims who are not over 23 years of age and have the necessary enrollment qualifications may be accepted to attend vocational training schools, in excess of the number of the students usually enrolled and without observing routine procedures. 2. The “Vocational Training Company” would create special vocational training programs corresponding to the needs of victims who are 15 years of age. Article 7 1. Free medical and hospital care is provided to the destitute and uninsured victims by the Public Health system as long as they are under the protection of shelters. 2. The necessary certificate for free care to the victims is issued by the Police. Article 8 The protection and aid units provide legal assistance and translation services to the victims who do not speak Greek. Article 9 1. In accordance with article 18 para 18 of Law 2503 of 1997, a special Standing Committee consisting of repre- sentatives from the Ministries of National Economy, Finance, Interior and Public Administration, Education and Religion, Labor and Social Security, Health and Welfare, Public Order and Justice and Ministry, will be created at the Ministry of Health and Welfare. 2. The scope of the Committee is to coordinate protection and aid to the victims, to issue circulars on any problems that may arise in connection to the implementation of the present, to collect statistics, and to suggest measures for the improvement of services to the victims. 3. The Committee may invite to its sessions a representative of the Standing Parliament Committee for Gender Equality and Human Rights. Article 10 The present legislation will come into force on the day it appears in the Government Gazette. 20 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

Articles 2918 (5) and (6) and 3019 , according to Law 4251/2014, when committed by criminal organizations, according to Article 18720 (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. a) Residence permit to third-country nationals and minors, victims of trafficking and smuggling of migrants if cooperating with the prosecuting authorities (Articles 49 – 56 Law 4251/2014) 21,22

Two Bangladesh nationals living in Greece, having no permit to work, had been working from October 2012 until February 2013 to collect strawberries in a farm in Manolada. They were promised a salary of 22,00 euros for seven hours of work, and 3,00 euro for each hour of overtime. They lived in makeshift huts without toilets or running water. When they complained, the caretakers opened fire on them. They were granted a residence permit for humanitarian reasons by the Ministry of Migration Policy. The case of Manolada (Case of Chowdury and others V. Greece) is the well-known case that led to the recent conviction of Greece by the European Court of Human Rights.

If they do not fall under the provisions of Article 1 (2), Presidential Decree 233/2003, third-country nationals who have been identified as victims of trafficking in human beings or smuggling shall be granted a 3-month reflection period allowing them to recover and escape the influence of the perpetrators so that they can take an informed decision as to whether to cooperate with the prosecuting authorities. Especially with regard to minors who are victims of trafficking in human beings or smuggling, this period may be extended by two months, by decision of the competent public prosecutor, taking due account of the best interests of the minor. By decision of the competent public prosecutor, the reflection period may be terminated prior to its expiration if: a. the compe - tent prosecuting authority establishes that the above person has actively, and at his/her free will and initiative renewed contacts with the perpetrators, or that the information considered for his identification as a victim of trafficking and smuggling was false, or b. there are reasons of public order and security. During the reflection period, the persons referred to in the above paragraphs are not expelled and any decision on return shall be suspended. The competent first-instance prosecutor or police authority or social support bodies shall inform the third-country national who is a victim of trafficking in -hu man beings or smuggling that he/she is entitled to apply for a residence permit, as set out above, and provide relevant information. In the case of third-country MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 21 nationals who are unaccompanied minors, the competent prosecuting authority shall take the necessary steps to establish their identity, nationality and the fact that they are unaccompanied. They shall make every effort to locate their families as quickly as possible and take the necessary steps to ensure legal representation, including representation in criminal proceedings, if necessary.

18Article 29 - Obligations of private individuals and employees – Penalties 5. Persons who facilitate the entry or exit from the Greek territory of third-country nationals without performance of the checks stipulated in Article 5 shall be sentenced up to ten (10) years of imprisonment and a fine of twenty thousand (20 000) euros as a minimum. If the act was carried out with a view to making a profit or by profession or habit, or if two (2) or more persons acted jointly, the above shall be sentenced to at least ten (10) years of imprisonment and a fine of fifty thousand (50 000) euros as a minimum. 6. Persons who facilitate the illegal residence of a third-country national or obstructs the investigations of police authorities to locate, apprehend and deport such national, shall be sentenced to at least one (1) year of imprisonment and a fine of five thousand (5,000) euros as a minimum. If the act was carried out with a view to making a profit, the above persons shall be sentenced to at least two (2) years of imprisonment and a fine of ten thousand (10,000) euros as a minimum. 19Article 30 - Obligations of carriers – Penalties 1. Captains of ships or other vessels or aircrafts and drivers of any means of transportation transferring into Greece third-country nationals from abroad who do not have the right to enter the Greek territory or whose entry has been prohibited for any reason, as well as persons who collect them from entry points, external or internal borders, with a view to move them inland or to the territory of an EU Member State or a third country, or facilitate their transportation or provide them with accommodation for concealment, shall be sentenced to: a. imprisonment of up to ten (10) years and a fine from ten thousand (10,000) to thirty thousand (30,000) euros for each transported person; b. at least ten (10) years of imprisonment and a fine from thirty thousand (30,000) to sixty thousand (60,000) euros for each transported person, if the offender acted with a view to making a profit or by profession or habit, or is a relapsing offender, or acts in the capacity of civil servant or tour or shipping or travel agent, or if two or more persons acted jointly; c. at least fifteen (15) years of imprisonment and a fine of two hundred thousand (200,000) euros as a minimum for each transported person, if the act could endanger human life; d. life imprisonment and a fine of seven hundred thousand (700,000) euros as a minimum for each transported person, if the act referred to in c) above resulted in the loss of life. 20Article 187 - Criminal organization 1. A sentence of imprisonment of up to ten years is imposed to any person who sets up or is included as member in a structured group with continuous activity, made up of three or more persons (organization) and seeking to commit felonies provided for by articles 207 (forgery), 208 (circulation of forged money), 216 (falsification), 218 (falsification and abuse of stamps), 242 (false testimony, adulteration), 264 (arson), 265 (arson to forests), 268 (flood), 270 (explosion), 272 (violations relating to explosive materials), 277 (sinking of ship), 279 (poisoning of springs and food), 291 (disturbance of safety of trains, ships and aircrafts), 299 (intentional murder), 310 (gross physical injury), 322 (abduction), 323 (slave trafficking), 323A (trafficking in human beings), 324 (abduction of minors), 327 (involuntary kidnapping), 336 (rape), 338 (indecent assault), 339 (child seduction), 348A (child pornography), 351 (trafficking in prostitution), 351A (lewd conduct with a minor for pay), 374 (gross cases of theft), 375 (embezzlement), 380 (robbery), 385 (extortion), 386 (fraud), 386A (computer fraud), 404 (loan-sharking), as well as felonies provided for in the legislation on narcotics, weapons, explosive materials and protection from materials emitting radiation harmful to people. 22 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

2. Any person who, by threat or use of force against judicial functionaries, investigating or judicial officers, witnesses, experts and interpreters or by bribing said persons, cancels the discovery or prosecution and punishment of the crime of the previous paragraph, is punished by imprisonment of at least one year. 3. Any person who, apart from the cases of paragraph 1, joins another person to commit a felony (gang) is punished by imprisonment of at least six months. The culprit is punished by imprisonment of at least three months if the joining under the previous sentence was carried out to commit a misdemeanour, punished by imprisonment of at least one year, by which financial or other material gain or damage to life, physical integrity or sexual freedom are sought. 4. The manufacture, supply or possession of weapons, explosive materials and chemical or biological materials or materials emitting radiation harmful to people, aiming at serving the purposes of the organization of paragraph 1 or the gang of paragraph 3 or the pursuit of financial or other material gain of their members are aggravat - ing circumstances. The non-commission of any of the sought crimes of paragraphs 1 and 3 are extenuating circumstances. The simply mental complicity to the crimes of formation or participation under paragraph 1 or gang under paragraph 3 is not punished if the members of the organization or the gang do not seek financial or other material gain. 5. The provisions of the present article are also applicable when the punishable acts provided for hereby were committed abroad by a Greek citizen or were made against a Greek citizen or legal entity with registered offices in Greece or against the Greek state, even if they are not punishable under the laws of the country in which they were committed. (…) 21Article 49 - Reflection period 1. If not subject to the provision of Article 1(2) of Presidential Decree 233/2003, third-country nationals who have been characterized as victims of trafficking in human beings or actions to facilitate illegal immigration, pursuant to the provisions of Article 1(k) and (l) of this Code, shall be granted a reflection period allowing them to recover and escape the influence of the perpetrators of the offences so that they can take an informed decision as to whether to cooperate with the competent authorities. 2. Especially with regard to minors who are victims of trafficking in human beings or subject to actions to facilitate illegal immigration, this period may be extended by two more months by decision of the competent public prosecutor, taking due account of the best interests of the minor. 3. During the reflection period, the persons referred to in the above paragraphs may not be expelled. Any issued but not yet enforced decision on return shall be 4. By decision of the competent public prosecutor, the reflection period may be terminated prior to its expiry if: a. the competent prosecuting authority establishes that the above person has actively, and at his free will and initiative renewed contact with the perpetrators of the offences referred to in Article 1(k) and (l) of this Code, or that the information taken into account for his characterization as a victim of trafficking in human beings and actions to facilitate illegal immigration required under the provisions of Article 1(k) and (l) of this Code does not apply; or b. there are reasons of public policy and security. Article 50 - Information to victims and special care for minors 1. The competent prosecutor at first instance or police authority or social support bodies referred to in Presi- dential Decree 233/2003, as in force, and any of the bodies referred to in Article 49 of this Code, shall inform the third-country national who is a victim of trafficking in human beings or actions to facilitate illegal immigration that he is entitled to apply for a residence permit, as set out above, and provide relevant information. 2. In the case of third-country nationals who are unaccompanied minors, the competent prosecuting authority shall take the necessary steps to establish their identity, nationality and the fact that they are unaccompanied. They shall make every effort to locate their families as quickly as possible and take the necessary steps to ensure legal representation, including representation in criminal proceedings, if necessary. If the minor’s family cannot be located or if considered that repatriation will not be in the best interest of the child, the competent prosecutor for minors or, where no such prosecutor exists, the competent prosecutor at first instance may order any expedient measure to protect the child until a ruling is delivered by the court, to which the prosecutor shall refer within thirty (30) days for the appointment of a guardian, pursuant to the provisions of Articles 1532, 1534 and 1592 of the Civil Code. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 23

Article 51 - Medical care and provisions during the reflection period 1. During the reflection period, the victims of trafficking in human beings or actions to facilitate illegal immigration shall have access to medical care and the psychological support services provided by the national health system, protection and assistance units and bodies that cooperate with the above, pursuant to the provisions of Articles 2, 3 and 4 of Presidential Decree 233/2003, as in force, and by reception services. 2. The above persons who do not have sufficient resources shall be granted standards of living capable of ensuring their subsistence. 3. The competent prosecuting, judicial and police authorities shall take due account, by priority, of the safety and protection of such victims, as set out in the relevant provisions. They shall also provide them with translation and interpreting services, information about their legal rights and the services available to them, and provide legal aid. Article 52 - Issue and renewal of the residence permit A third-country national who is characterized as a victim of trafficking in human beings or actions to facilitate illegal immigration by instrument of the competent prosecutor at first instance, under Article 49, shall be granted, at his request to be filed in person or via the competent prosecutor, a residence permit or shall have the issued one renewed subject to no payment of fees, on the requirements and according to the procedure set out in the following Articles. Article 53 - Conditions for the issue and renewal of the residence permit 1. After the expiry of the reflection period, or earlier if the criteria set out in subparagraph (b) of this paragraph are met, 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 referred to in Article 1(k) and (l) hereof. 2. 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. Without prejudice to reasons relating to public policy and security, a twelve-month residence permit shall be issued if one of the conditions referred to in the previous paragraph are met. The permit shall be renewed for an equal period each time, if the same conditions continue to be satisfied. Article 54 - Rights The residence permit shall ensure: a) right of access to the labour market, only during the period of validity of the permit; b) the benefits and medical care referred to in Article 52; c) conditions for vocational training and education, pursuant to the special provisions of Articles 5 and 6 of Presidential Decree 233/2003, as in force. Article 55 - Special reasons for non-renewal and withdrawal of the residence permit The residence permit shall not be renewed or shall be withdrawn in any the following cases: a. The beneficiary has actively and at own will and initiative renewed contacts with the purported perpetrators of the reported offences; b. The competent authority believes that the victim’s cooperation is fraudulent or abusive, or there are reasons of public policy and security; c. The criminal proceedings relating to the offences referred to in Article (k) and (l) are completed pursuant to the provisions of Articles 43 or 47 of the Code of Criminal Procedure, or a final judgment has been delivered, which concludes the relevant proceedings. This provision shall not apply to victims within the meaning of Article 1(2) of Presidential Decree 233/2003. Article 56 - Change of purpose of residence Within one month from completion of the relevant proceedings on delivery of final court judgment, the holder of a residence permit in the capacity of victim of trafficking in human beings or actions to facilitate illegal immigration may be granted a residence permit for one of the purposes and under the relevant conditions set out in the present Code, by decision of the Minister for the Interior or the secretary general of the decentralized administration. Pending the issue of the residence permit, due account shall be taken of the fact that the applicant has been a holder of a residence permit as a victim of trafficking in human beings or actions to facilitate illegal immigration. 22As amended with L. 4332/2015. 24 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

If the minor’s family cannot be located or if considered that repatriation will not be in the best interest of the child, the competent prosecutor for minors or, where no such prosecutor exists, the competent first-instance prosecutor may order any expedient measure to protect the child until a ruling is delivered by the court, to which the prosecutor shall refer within thirty (30) days for the appointment of a guardian, pursuant to the provisions of Articles 153223 , 153424 and 158925 of the Greek Civil Code. A third-country national who is identified as a victim of trafficking in human beings or smuggling by the competent first-instance prosecutor shall be granted, at his/her request or via the competent prosecutor, a residence permit or shall have the issued one renewed without payment of fees. After the expiration of the reflection period, or earlier if case b of this paragraph applies the competent prosecutor shall prepare a relevant report as to whether: a. the prolonged stay of the victim in the Greek territory would facilitate the investigation or criminal proceedings, b. the above person has shown a clear intention to cooperate, and c. the above person has severed all relations with the purported perpetrators of the offences. The application for a residence permit shall be examined by priority and the permit shall be issued following a decision of the Ministry of Migration Policy. Without prejudice to public order and security, a twelve-month residence permit shall be issued if one of the conditions referred to in the previous paragraph is met. The permit shall be renewed for an equal period each time, if the same conditions continue to be satisfied. The residence permit ensures access to the labour market, benefits and medical care (art. 51), vocational training and education, only during the validity period of the permit. The residence permit shall not be renewed or shall be withdrawn in any of the following cases: a. the beneficiary has actively and at his/her own free will and initiative renewed contacts with the purported perpetrators of the reported offences, b. the competent authority believes that the victim’s cooperation is fraudulent or abusive, or there are reasons related to

23Article 1532. - Consequences of defective exercise. If the father or the mother violate the duties imposed on them by their function to take care of the child or the administration of the child’s property or if they exercise abusively such function or they are not in a position to cope with this task the Court may at the request of the other parent, the closer relatives of the child, the public prosecutor or even on the child’s own initiative order any appropriate measure. The Court may in particular take away from one parent the exercise of parental care wholly or partially and entrust such care to the other parent or if the circumstances described in the preceding paragraph obtain also in regard to the person of the other parent entrust the actual care of the child or even its custody wholly or in part to a third party or to appoint a guardian. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 25 public order and security, c. the criminal proceedings relating to the offences referred above, are completed pursuant to the provisions of Articles 43 or 47 of the Code of Criminal Procedure, or a final judgment has been delivered, which concludes the relevant proceedings. This provision shall not apply to victims within the meaning of Article 1 (2) of Presidential Decree 233/2003. Within one month from completion of the relevant proceedings and delivery of final court judgment, the holder of a residence permit in the capacity of victim of trafficking or smuggling may be granted a residence permit for one of the purposes and under the relevant conditions set out in the Immigration Code, by decision of the Minister of Migration or the Secretary General of the Decentralized Administration. Pending the issue of the residence permit, due account shall be taken of the fact that the applicant has been a holder of a residence permit as a victim of trafficking in human beings or smuggling. When the court finishes, he/she can renew the residence permit for any reason referred to according to Law 4251/2014. b) Residence Permit to third–country nationals and minors, victims of trafficking and smuggling of migrants if not cooperating with the criminal investigation (Article 19A (1a) Law 4251/2014)26

When Glory, from Nigeria, left her homeland she was 16 years old; helped by some co-nationals, who promised to bring her to Europe to work as a hairdress- er, she was told she would repay the price of her ticket with her work. When she came to Greece, the traffickers took her passport, locked her in a room and forced her to prostitution. She daily accepted 10 clients and silently endured her torture. They kept on threatening her to kill her family, if she would speak to anyone. After a police raid, she was examined by a psychologist, who found that she was so scared that she was weeping and trying to convince them that she was there willingly. The traffickers had got away and continued threating her. The Prosecutor identified her as a victim of trafficking.

24Article 1534. In case of an urgent need of medical intervention with a view of averting a threat to the life or health of the child the public prosecutor sitting at the Court of first instance may on the refusal of the parents give himself immediately the required permission following a request by the medical doctor in charge of the treatment or by the director of the clinic where the child is under treatment or by any other competent health authority.

25Article 1589.-Persons placed under guardianship. A minor shall be placed under guardianship where neither parent has nor can exercise parental care and when the Court has appointed a guardian pursuant to Article 1532 and 1535 or entrusted the exercise of parental care to a third party according to Article 1513 and 1514 as well as in the cases contemplated in Article 1660 and 1666. 26 As amended with law 4332/2015 26 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

By decision of the Ministry of Migration Policy, a residence permit on humanitarian grounds is granted to third-country nationals victims of trafficking who do not fall under the provisions of Articles 49-53 of Law 4251/2014 (mentioned in paragraph a), if an act of characterization is incurred by the competent First-In- stance Prosecutor. The validity of the initial residence permit is for one year, entitling employment rights to paid employment, provision of services or work and can be renewed each time for two years, only on condition that the relevant criminal proceedings are continuing. If there are no criminal proceedings, the residence permit is renewed only for one year. For the renewal of the residence permit a document issued from the competent Prosecutor, regarding the contin- uance of the criminal proceedings is required otherwise a declaration stating that such a document cannot be provided (the document will be sought ex officio). 2) Residence Permit to third-country nationals, victims and material witnesses of criminal actions (Article 19A (1b) Law 4251/2014)27

Nato came to Greece in 2015. She was working in a house in a well-known area of Athens. She lived with an elderly lady who was an art collector. One afternoon three gunmen broke into the house, and after they tied the women with a band, they stole whatever they could. Their faces were covered, but Na- to noticed that the person who had tied her, had a tattoo featuring an anchor on his neck. She was extremely afraid, but she was trying to observe as much as she could. One of the three gunmen was talking in Georgian so she could understand what he was saying being from Georgia herself and she tried to remember the nuance of his voice. The old lady had a heart attack. Nato gave a statement to the police. A few days later one of the gunmen was arrested while he was trying to sell a painting which belonged to the old lady. Nato recognized him as he was the one with the tattoo on his neck. The Prosecutor described her as a material witness and submitted her documents for a residence permit to the Ministry of Migration Policy.

By decision of the Ministry of Migration Policy, a residence permit on humanitarian grounds is granted to third-country nationals, victims and material witnesses of criminal actions, as provided for in Articles 81A28 (Racist Crime), 187 (criminal organization), 309 (Hazardous injury) and 310 (Severe injury) of the Greek Penal code and Articles 1 and 2 of Law 927/1979 (a 139) as amended by the provisions of Law 4285/2014 and paragraph 1 of article 16 of Law

27 As amended with law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 27

3304/2005, against a third-country national or are punishable as serious crimes and are against life, health, physical integrity, property, ownership, personal and sexual freedom provided a preliminary examination has been ordered or criminal proceedings have been initiated and until the case is closed or a final decision is issued by court. The existence of these conditions is established by an act of the competent Public Prosecutor of First Instance, which is served to the Department of Migration Policy of the Ministry of Migration Policy. If these persons attend a therapeutic program, the residence permit will be issued for as long as their treatment lasts and thus a recent certificate issued by a Greek state hospital or a Social Security Institution hospital or a private physician with verification of his/her signature is required, showing that the victims are under treatment. The duration of the initial residence permit is annual, entitling employment rights to paid employment-provision of services or work and can be renewed each time up to two years if the same conditions are met.

3) Residence Permit to third-country nationals, victims of domestic violence (Article 19A (1c) Law 4251/2014)29

Rana came to Greece in 2016 along with her husband and her three children. Her husband used to beat her in Afghanistan, and he kept abusing her in the camp where they are hosted now in Greece. Although the pain was endless every time, she clasped her fists and tried to cover the wounds on her body. The psychologist, who observed her, helped her to take the decision to speak. The professional contacted KETHI (Research Centre for Gender Equality) and referred her as a victim of domestic violence. Rana decided to sue her husband and she was transferred to a special hospitality centre with her children and was granted a residence permit by the Ministry of Migration Policy.

28 Article 81A (Special) aggravating circumstance If an act is committed out of hatred on the grounds of race, colour, religion, descent, national or ethnic origin, sexual orientation, gender identity or disability, of the person against whom the attack is committed, the minimum limit of the sentence rises as stated below: A) In misdemeanor cases, where the minimum limit of the sentence applicable by virtue of the relevant legislation is set from ten days to one year of imprisonment, the minimum limit of the sentence rises by six months and by one year for the rest of misdemeanor cases. B) In felony cases, where the minimum limit of the sentence applicable by virtue of the relevant legislation is set from five to ten years of imprisonment, the minimum limit of the sentence rises by two years and by three years for the rest felony cases. C) The minimum limit of pecuniary penalty for every crime by virtue of the relevant legislation doubles. The above imposed sentence cannot be suspended. 29 As amended with Law 4332/2015. 28 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

Domestic violence is defined as any kind of physical, sexual or psychological violence against the victim by the former or current spouse or partner, as well as other family members. Main aspects of domestic violence are violence between spouses or partners, teen attacks to parents, abuse and exploitation of juvenile or elderly family members. Violence in the family can be displayed in forms such as psychological violence, economic exploitation, physical and sexual abuse. One of the most common forms of domestic violence is the one manifested by the (former or current) spouse or partner to a spouse or partner respectively. Domestic violence is a punishable crime under the provisions of Law 3500/2006. By decision of the Ministry of Migration Policy a residence permit on humanitarian grounds is granted to third-country nationals, victims of domestic violence. For such a permit to be granted, a validated copy of the filed complaint (compulsory) to the competent Greek authority for domestic violence is required. The initial residence permit is valid for one year and can be renewed each time for up to two years, provided that the same preconditions are met, i.e. relevant social service report that the grounds for the issuance of residence permit continue to exist. A residence permit of the same duration is granted also to the underage children of the victims of domestic violence or to the adult having custody of the underage victims of domestic violence, provided it is not the same person as the alleged perpetrator of the crime. Adults holding a residence permit in this case have the right to employment – provision of services or work.

4) Residence Permit to third-country nationals, who have been employed under particularly exploitative working conditions or as minors (Article 19A (1d) Law 4251/2014)30

Ahmed, a Syrian national, was working in a factory as a sewer without a residence permit for 2 Euros per day. After filing a report to the Labour Inspectorate he was able to submit an application for a residence permit in the country.

By decision of the Ministry of Migration Policy a residence permit on humanitarian grounds is granted to third-country nationals who are employed either under particularly exploitative working conditions or are minors, acts designated as such by the competent Public Prosecutor, who cooperate in the criminal proceedings against their employers. The residence permit on humanitarian grounds can still be granted even if the aforementioned illegally

30 as amended with Law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 29 employed third-country nationals are not cooperating with law enforcement authorities, if determined by the competent First-Instance Prosecutor, with the assent of the Appeals Prosecutor, that they do not cooperate due to threats against their family members living in Greece, or in the country of origin or elsewhere, and that, if they are not protected or if deported, said persons are facing an imminent danger. The competent First-instance Prosecutor or the competent police authority or the relevant social support agencies inform the third-country national or minor, who has been found employed under particularly exploitative working conditions that he/she can apply for a residence permit. The competent prosecutorial, judicial and police authorities shall have, as a priority, the protection and safety of said victims, provision of translation and interpretation services when they do not speak the Greek language, information about their legal rights and services that can be provided as well as any necessary legal assistance. If the illegally employed minor is unaccompanied, the competent prosecutorial authority shall take all actions necessary to establish his/her identity and nationality and to establish the fact that the minor is not accompanied. They shall make every effort for the fastest possible identification of the minor’s family and shall immediately take the necessary measures to ensure the minor’s legal representation and, if necessary, the minor’s representation in criminal proceedings. The competent Prosecutor for Minors or the competent First-Instance Prosecutor, if the family of the minor is not found or if it is considered that under the specific circumstances the repatriation of the minor does not serve his/her best interest, may order any appropriate measures to protect the minor until the issuance of a court decision regarding the appointment of a legal guardian (within thirty days), pursuant to the provisions of Articles 153231, 153432 and 158933 of the Civil Code.

31Article 1532. - Consequences of defective exercise. If the father or the mother violate the duties imposed on them by their function to take care of the child or the administration of the child’s property or if they exercise abusively such function or they are not in a position to cope with this task the Court may at the request of the other parent, the closer relatives of the child, the public prosecutor or even on the child’s own initiative order any appropriate measure. The Court may in particular take away from one parent the exercise of parental care wholly or partially and entrust such care to the other parent or if the circumstances described in the preceding paragraph obtain also in regard to the person of the other parent entrust the actual care of the child or even its custody wholly or in part to a third party or to appoint a guardian. 32 Article 1534. In case of an urgent need of medical intervention with a view of averting a threat to the life or health of the child the public prosecutor sitting at the Court of first instance may on the refusal of the parents give himself immediately the required permission following a request by the medical doctor in charge of the treatment or by the director of the clinic where the child is under treatment or by any other competent health authority. 33Article 1589.-Persons placed under guardianship. A minor shall be placed under guardianship where, neither parent has nor can exercise parental care and when the Court has appointed a guardian pursuant to Article 1532 and 1535 or entrusted the exercise of parental care to a third party according to Article 1513 and 1514 as well as in the cases contemplated in Article 1660 and 1666. 30 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

To grant the permit the following documents are required a) certificate issued by the Labour Inspectorate or a court order characterizing the accident, revealing the circumstances under which the third-country national was employed or a prosecutor’s act; b) solemn declaration by the interested person, stating that he/ she intends to exercise administrative or legal remedies to assert his/her rights; c) recent certificate issued by a Greek state hospital or a social security institution hospital or a private physician, with the physician’s signature verification showing the severity of the accident and the planned treatment. The initial residence permit is annual. The examination of the application for a residence permit is a priority, considering though reasons of public order and security. If deemed that the person concerned should extend their stay in Greek Territory to facilitate the ongoing investigations or criminal proceedings, the above residence permit is renewed each time for an equal period. In particular, for the renewal of the residence permit the following documents are required: a) certificate of the competent administrative or judicial authority showing that it is necessary for the third-country national to remain in Greece to assert of his/her claims against the employers; b) recent certificate issued by a Greek state hospital or a social security institution hospital or a private physician with signature verification, stating the predicted recovery time; c) Social Security Institution Certificate for hospital expenses and medical care costs; or d) insurance policy, of at least six months duration, covering hospital and medical care costs.

5) Residence Permit to third-country nationals, who attend a legally approved addiction treatment program (Article 19A (1e) Law 4251/2014)34

Asser, a Pakistani national has been living in Greece for two years irregularly. Some months ago, he started using drugs. Detected by an NGO in the city center of Athens he was referred to KETHEA (Therapy Center for Dependent Individuals).

Third-country nationals in a legally approved addiction treatment program can be granted an annual residence permit, which grants them access to paid employment and provision of services and work. The residence permit can be renewed for up to two years each time, provided that the same preconditions apply. Upon the successful completion of the program, the permit can be renewed on one of the grounds provided in the Immigration Code. The application is submitted to the competent department of the Ministry of Migration Policy. To grant the residence permit, the applicant must provide a written confirmation

34as amended with Law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 31 by the Director of an approved addiction treatment program that confirms that the third-country national participates in rehabilitation or reintegration phases of the specific program. To renew the residence permit, a written confirmation by said Director is required, confirming that the third-country national continues the addiction treatment program.

6) Residence permit of third-country nationals whose application for international protection has been rejected and their case is referred to the Ministry of Migration Policy. (Article 19A (1f) Law 4251/2014)35

Nazir, Pakistani national, who has been living in Greece for the past 8 years, submitted an application for international protection but it was rejected. During this period, he has been working legally in Greece, duly paying taxes.

In case of rejection of international protection application, the competent Asylum Service and the Appeal Committees, taking into consideration any vulnerabilities, could refer the case to the Ministry of Migration Policy to issue a residence permit on humanitarian grounds. Third-country nationals whose case has been referred to the Ministry of Migration Policy by the competent Committees of Article 2 indent (r) of P.D.113/2013 (A 146), Article 26 and 32 of P.D. 114/2010 (A 195) and Law 4375/2016 can be granted an annual residence permit with the right to paid employment, and provision of services and work. The appeal is filed with the receiving authorities and delivered to the Appeals Committee without delay (art. 61 para 5 Law 4375/16). The applicant can submit supplementary documents or a memorandum until the day before the examination of the appeal. If there is an oral procedure the applicant attends either by themselves or with legal representative or other counsellor (art 62 para 2 and 3, L 4375/2016). To obtain such a residence permit, the impossible removal or return of the third-country national to the country of origin or habitual residence for reasons of force majeure is taken seriously into account, as well as serious health reasons of the same person or a member of his/her family, international sanctions imposed on the country. The principle of non-refoulment, Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms or Article 3 of the New York Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment should also be taken into consideration.

35as amended with Law 4332/2015. 32 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

The application must be submitted within a period of ninety (90) days from the date of the delivery of the relevant informative document to the person concerned, by the competent authorities. The residence permit could be renewed for two years each time, provided that the same preconditions apply.

7) Residence permit to third-country nationals, parents of Greek minors. (Article 19A (1g) Law 4251/2014)36

Ylber came legally to Greece from Albania in 2014 but overstayed. In 2015 he met Maria, a Greek citizen and they started having a relationship. In 2016, they gave birth to a little girl, Angelica. Ylber recognized the child, who was included in her mother’s family status certificate, by virtue of a notarial document, and then he submitted the necessary documents to the Department of the Ministry of Migration Policy, to obtain a residence permit, as a father of a Greek citizen. He therefore received a certificate type A. After a few months Ylber and Maria got married (civil wedding). Ylber further submitted a marriage certificate and was eventually granted a residence permit for one year.

A third-country national, parent of a Greek minor, can be granted a residence permit valid for one year. The application is submitted to the competent Department of the Ministry of Migration Policy and provides access to paid employment and provision of services and work. The applicant should also submit a recent family status certificate of the minor which proves his/her citizenship and full details of his/her parents, as well as a notarial document about the paternity recognition of the child and a photocopy of the parent’s ID card. On the suspicion that the child has been recognized with the sole purpose of circumventing the law, the competent authority may require the submission of documents proving the family relationship, such as certificate of marriage or cohabitation of the child’s parents, or the right of custody. If no safe judgment can be reached, the third-country national can submit the results of a DNA test (Deoxyribonucleic Acid - DNA) of the child and parents performed by a public or certified private laboratory. The residence permit may be renewed for one of the grounds specified in the Immigration and Social Integration Code.

36as amended with Law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 33

8) Residence Permit to adult third-country nationals unable to take care of their own matters due to severe health reasons and minors in need of protection measures and accommodation in Institutions or other public purpose entities) (Article 19A (2a) Law 4251/2014)37

Bashir, a Pakistani national, was admitted in an institution as he is autistic. He has been placed under guardianship and his legal guardian is willing to apply to the competent Decentralized Administration for a residence permit on humanitarian grounds.

By decision of the Coordinator of the Decentralized Administration of the place of residence, a residence permit on humanitarian grounds can be granted to third-country adult nationals incapable of taking care of their own matters, due to severe mental or physical health reasons or to minors in need of protection measures and accommodation in Institutions or non-profit legal entities, under the condition that their return to a safe environment cannot be provided. The initial residence permit is valid for two years.

To receive this residence permit, the third-country national should provide: a) certificate by the Institution or the public benefit purpose entity, showing the accommodation and the living and health care costs. b) operation statutes stating the purpose of the foundation or the Govern- ment Gazette publishing the establishment and operation of the legal entity; c) appointment decision of the institution’s legal representative; d) recent certificate by a Greek State Hospital or Social Security Institution Hospital or private physician with his/her signature verified, or Health Committee Decision confirming the severity of the illness/accident; e) judicial decision of the legal guardian’s appointment, where necessary; f) prosecutor’s order, regarding the placement of the minor in an Institution or a non-profit public legal entity;

The residence permit can be renewed for up to two years each time provided that the same preconditions are met. For the renewal, the national should also

37as amended with Law 4332/2015. 34 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE provide: a) certificate from the Institution or the non-profit public legal entity, stating the accommodation and coverage of living and healthcare costs and b) appointment decision by the legal representative of the Institution or the Administration Board of the legal entity.

9) Residence Permit to minors, whose custody has been entrusted to Greek families or families of third-country nationals who legally reside in Greece or the adoption of whom is pending before the Greek authorities (Article 19A (2b) Law 4251/2014)38

Olena, living in Egaleo, holds a residence permit. Her daughter was murdered by her son in law, and her little granddaughter was living in an orphanage in Ukraine. She managed by a court order to take custody of her granddaughter, and after the granting of a special visa to bring her to Greece and live with her. The granddaughter was granted a residence permit by the Coordinator of the Decentralized Administration (Central Sector) as she was under custody.

Minors, whose custody has been assigned by a Greek Court or a foreign one recognized by the Greek authorities to Greek families or families of third- country nationals who reside legally in the country or the adoption of whom is still pending before the Greek authorities, may be granted a residence permit. The minor that has entered the country with a Long-stay Visa (National Type D Visa) should submit the necessary documents for a residence permit within ninety days upon entry. In particular, the following are required: the decision by a Greek court or a foreign judicial authority with recognition of res judicata in Greece, regarding the assignment or granting of custody or a certificate that an application has been submitted before the competent judicial authority for adoption or a certificate that an application has been filed for the recognition of a foreign judicial decision on adoption and a social service report; a solemn declaration by the family that they will host and cover living expenses and health care of the minor, a photocopy of the valid residence permit of the person having the custody, in case of a third-country national or a photocopy of the identity card if the primary carrier or adopter is a Greek national. The duration of the initial residence permit is for two years and can be renewed each time for up to two years if the same preconditions are met.

38as amended with Law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 35

10) Residence Permit to third-country nationals, victims of accidents. (Article 19A (2c) Law 4251/2014)39

Mohammed, was working as a gardener. He lost one of his legs in an accident. KEPA (Insurance Institution for a disability pension) decided that the disability rate was 60%. He then applied for a residence permit on humanitarian ground.

By decision of the Coordinator of the Decentralized Administration of the place of residence of the third-country national, a residence permit on humanitarian grounds can be granted to third-country nationals, victims of labour and other accidents covered by Greek law, for as long as they undergo treatment or receive pension for the same purpose.

To obtain the residence permit, it is necessary to provide: a) a document issued by the Labour Inspectorate or the competent Police Au thority characterizing the accident; b) recent certificate by a Greek State Hospital or Social Security Institution Hospital or private physician with his/her signature verification stating the severity of the accident and the estimated recovery time, or a decision by the Health Committee for inability to work; c) a decision about the disability rate, at least 50% or a decision by a Social Security Institution for a disability pension; d) Social Security Institution Certificate to cover hospitalization and health care costs.

Renewal of residence permit.

To renew the residence permit, the third-country nationals should provide: recent Certificate by Greek State Hospital or Social Security Institution Hospital or private physician with his/her signature verified stating the severity of the accident and the planned recovery time; or a decision by the Health Committee for inability to work; or a decision about the disability rate, at least 50%; or a decision by a Social Security Institution to grant a disability pension. The initial residence permit is valid for two years and can be renewed for up to two years each time if the same preconditions are met.

39as amended with Law 4332/2015. 36 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

11) Residence Permit to minors, accommodated in boarding houses. (Article 19A (2d) Law 4251/2014)40

In 2016 Artan, 12 years old, came to Greece with the consent of his parents. He was granted a special visa to attend the Ecclesiastical boarding school in Florina and he received a residence permit by the Decentralized Administration of Florina.

By decision of the Coordinator of the Decentralized Administration of the place of residence of the interested third-country national, a residence permit on humanitarian grounds is granted to minors hosted by boarding houses, which operate under the supervision of the competent Ministries. The initial residence permit is valid for two years and can be renewed for up to two years each time if the same preconditions are met. The minor should enter the country with a long term Type D visa.

To grant this residence permit the following are required: a) Parent’s written consent regarding the intended stay; b) Copy of the operation statutes of the boarding house or the Government Gazette that publishes its establishment; c) Certificate of the Institution or the non-profit public legal entity for the ac commodation and the coverage of living and health care costs d) Decision defining the Institution’s legal representative; e) Enrolment Certificate.

To renew the residence permit, the following documents are required: a) Certificate of the Institution or the non-profit public legal entity for the accommodation and the coverage of living and health care costs, b) Decision defining the Institution’s legal representative, c) Certificate of studies.

40as amended with Law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 37

12) Residence Permit to third-country nationals for health reasons. (Article 19A (2e) Law 4251/2014)41

Arjan lives in Ambelokipi, and had a residence permit for dependent work, but he became seriously ill and had to undergo weekly hemodialysis. Upon expiry of his residence permit, he applied for its renewal on the grounds of health reasons in the Decentralized Administration of Athens.

By decision of the Coordinator of the Decentralized Administration of the place of residence of the third-country national, a residence permit on humanitarian grounds is granted to third-country nationals, suffering from serious health problems (mental or physical). Serious health problems as well as the duration of treatment shall be verified by a recent medical certificate. If the health problem relates to an infectious disease, the Minister of Health should consent that there is no threat to public health.

For the residence permit to be issued the third-country national suffering from serious health problems should hold a prior valid residence permit. In particular the following are required: a) valid residence permit b) recent certificate by a Greek state hospital or Social Security Institution Hospital or private physician with his/her signature verified confirming the severity of the disease and the estimated recovery time, or a decision by the competent Health Committee for inability to work, or a decision about the disability rate, at least 50%, or a decision by a Social Security Institution for a disability pension; c) Social Security Institution certificate for the coverage of hospitalization and health care costs or a private insurance policy, the duration of which is at least one year, for hospitalization and health care costs.

For the renewal of the residence permit, the following documents are also required: a recent certificate by Greek state hospital or a Social Security Institution Hospital or private physician with his/her signature verified confirming the severity of the disease and the estimated recovery time, or a decision by the

41as amended with Law 4332/2015. 38 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

Health Committee for inability to work. The initial residence permit is valid for two years and can also be granted to family members who have a residence permit for family reunification and may be renewed for up to two years each time, provided that the same preconditions are met otherwise it can be renewed for one of the purposes of the Immigration Code.

13) Residence Permit to third-country nationals for exceptional reasons (Article 19 law 4251/2014)42

Ervin, an Albanian national living in Heraklion of Crete, had a residence permit, which expired in 2012, but he has remained in the country illegally since then. Svetlana came to Greece in 2009 and she was working in a house. She lived with an elderly woman. She had receipts of transferring remittances to Georgia.

The Coordinator of the competent Decentralized Administration may exceptionally grant a two-year residence permit to third-country nationals who reside in Greece and can prove that they have developed strong bonds with the country. I. An application for a residence permit for exceptional reasons shall only be examined if the third-country national provides: (a) entry visa issued by a Greek consular authority at least three years before the submission of the application; or (b) residence permit, regardless of the issuing authority, which has expired during the last decade before the submission of the application43 ; (c) documents proving that this person has developed strong bonds with the country, that make his/her stay in the Greek territory necessary.

Exceptionally, the documents referred to in subparagraph (a) or (b) shall not be required if the third-country national can prove with documents of certified date – that he/she had lived in Greece for at least seven consecutive years.

42as amended with Law 4332/2015. 43The right to apply is provided to third-country nationals who were holders of a definite residence permit, which has expired and was granted by the competent Decentralized Administration, by the Department of Migration Policy of the Ministry of Migration Policy, by the competent authorities of Hellenic Police or by the Asylum Office {(residence permits, residence permits of expatriates and of beneficiaries of international protection (recognition of refugee status, of subsidiary protection, residence permits for humanitarian reasons)}. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 39

Also, if the third-country national was a holder of a residence permit for at least five years in the last decade before the submission of the application, the documents referred to in paragraph (c) above are not required.

Specifically: A. To apply for a residence permit for exceptional reasons the third-country national who was a holder of a definite residence permit in the last decade must submit: a) photocopy of his/her passport, even if expired; b) definite residence permit, regardless of the issuing authority, which expired during the last decade before the application; c) fee of EUR 300; d) documents confirming the maintenance of bonds with the country after the expiration of the residence permit until the date of application, such as: 1) attendance certificates of Greek language courses, 2) attendance certificates at Greek primary or secondary school, 3) previous residence permits, regardless of the issuing authority, 4) copies of tax declarations from previous years, 5) proof of insurance by a Greek public insurance institution, 6) document proving the existence of a family relationship with a Greek or a foreign national of Greek descent, 7) proof of studies in educational institutions of the country, 8) proof of banking transactions, 9) notarial documents which were drawn up in presence of the applicant44. e) valid personal or family health booklet, or document of insurance coverage or proof of purchase from any social security institution of required insurance days for the issuance/fulfilment of the insurance coverage.

Provided the above supporting documents are complete, the third-country national is granted a document certifying that the application has been submitted (certificate type A), and can have access to paid employment and provision of services and work/project. B. If the third-country national was a holder of definite residence permits for a total of five years over the past decade, the necessary documents for the residence permit are: a) photocopy of his/her passport, even if expired;

44The above list is indicative and not exclusive. 40 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

b) definite residence permits, for a total of five years, regardless of the issuing authority, which expired during the last decade before the application; c) a fee of EUR 300; d) valid personal or family health booklet, or document of insurance coverage or proof of purchase from any social security institution of required insurance days for the issuance/fulfilment of the insurance coverage.

If the above supporting documents are complete, the third-country national is granted a document certifying that the application has been submitted (certificate type A), and can have access to paid employment and provision of services and work/project. C. In order to apply for a residence permit for exceptional reasons the third-country national who is a holder of an entry visa (three-years prior to submission of the application), or of documents proving seven years of consecutive stay in the country, must submit a) photocopy of his/her passport, even if expired; b) the visa or permission of entry into the country (stamp on the passport), which has been granted at least three years before the submission of the application, or documents which prove seven years of consecutive stay in the country, before the date of the application; c) fee of EUR 300; d) documents that demonstrate that the third-country national has developed special bonds/ties with the country, such as: 1) attendance certificates of Greek language courses, 2) attendance certificates at Greek primary or secondary school, 3) previous residence permits, regardless of their issuing authority, 4) copies of tax declarations from previous years, 5) proof of insurance by a Greek Social Security Institution, 6) document proving the existence of family relationship with a Greek or a foreign national of Greek descent, 7) proof of studies in educational institutions of the country, 8) proof of banking transactions, 9) notarial documents which were drawn up in presence of the applicant. The seven-year consecutive stay in the country can be calculated taking into account also: attendance certificates at Greek public educational institutions of the third-country national’s children or themselves; requests for a temporary or permanent residence permit or international protection status; copies of rejection decisions; previous temporary residence permits regardless of the issuing authority; copies of tax declarations from previous years; copy of TIN (Tax Identification Number); proof of insurance by a Greek social security insti- MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 41

tution; health booklets; bills of PPC (Public Power Corporation), OTE (Hellenic Telecommunications Organization), EYDAP (Athens Water Supply and Sew- erage Company) or mobile phone issued in the name of the applicant; bank accounts; proof of fund shipments to the countries of origin through credit institutions, companies of money transfer or brokering of funds; currency and payment service providers according to L. 3862/2010, the supervision of which is exercised by the Bank of Greece; attendance certificates of Greek language courses; judicial decisions; deport or return decisions which were not executed; copies of all pages of previous passports; civil status records; proof of hospitalization in public hospitals; notarial documents which were drawn up in the applicant’s presence; excerpts from the book of offenses and incidents, kept by a Police Department; police notes ordering the departure from the country.45

If the above supporting documents are complete, the third-country national is granted a document certifying that the application has been submitted (NOT a certificate Type A) stating that the submission of the application stands in the way of the issuance of a return decision according to article 21 of Law 3907/2011.

If the above supporting documents are not complete, the third-country national is granted a document certifying that the application has been submitted stating that the submission of the application alone shall not entail legal residence for the applicant and thus for the time needed until the final examination of the application, art. 21 of Law 3907/2011 applies46.

The above applicants are not entitled to work. II. A. The applications relating to minors, whether they have entered Greece with or without a visa, previously or not to the issuance of the residence permit of the sponsor, or to those who were born in Greece, are submitted by the parent or the one having the custody of the third-country national minor. The residence permit is valid for two years and its validity begins on the date of the submission of the application.

45The above list is indicative. 46 “1. In case of rejection of an application for or renewal of residence permit, as well as in case of revocation of a valid residence title, the competent authority shall issue a return decision of the third-country national. The return decision is an integral part of the decision rejecting the application for the residence permit or revoking it. In all other cases, for third-country nationals residing illegally in Greek territory, a return decision is issued by the competent bodies (…)” 42 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

B. A third-country national who is a holder of a Special Certificate of Legal Residence under an order of temporary judicial protection (interim order or decision suspending the execution of the administrative act which rejected an application for issuing or renewing or revoking a residence permit) does not fall under the provisions of this article, since the Special Certificate of Legal Residence constitutes, in accordance with article 25, paragraph 4, Law 4251/2014, a provisional residence permit, which provides all the rights corresponding to the category of residence permit, which was revoked or not renewed. Therefore, the third-country national has the right to lodge an application for a residence permit for exceptional reasons, if the relevant suspension or cancellation application is rejected. C. The registration of the applicant to the National List of Unwanted Aliens (EKANA) due to a prior illegal or unlawful entry and stay in the country does not constitute a reason for rejecting the application for the issuance of the residence permit. D. The residence permits referred to above shall grant a third-country national the right to access paid employment – provision of services or work. E. The residence permit for exceptional reasons may be renewed only for one of the other reasons referred to in the Immigration and Social Integration Code. F. As of Monday, 3 April 2017, the competent authority for submitting the application for a residence permit for exceptional reasons according to art. 19, par.2, L. 4251/2015 are the Departments of Foreigners and Immigration of the Decentralized Administrations. Therefore, applications still pending for such a residence permit submitted by third-country nationals to the Ministry of Migration Policy will be examined by the Department of Migration Policy of the Ministry. But if they wish they can resubmit an application for a residence permit for the same reason to the one-stop shop of the Department of Foreigners and Immigration of the Decentralized Administration of their residence place. The application shall be resubmitted to the one-stop shop Departments of the Decentralized Administration and no fee is required.

14) Residence Permit to third-country nationals on family reunification (Article 69 Law 4251/2014, article 8.46 law 4332/2015)47

A third-country national who has resided lawfully in Greece for two years is entitled to apply for his/her family members to enter into and reside in the country. The application is submitted and examined while these family members reside outside the Greek territory.

47as amended with Law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 43

The fact that the family members reside in Greece before the application for family reunification is submitted does not obstruct the submission of the application and the examination of the visa issuance, provided that the family members for whose entry the third-country national applies, meet the criteria of integration in the country, as those are set out in Article 136 (14) Immigration Code. The application is submitted to the Decentralized Administration of his/her residence. In order to exercise the right set out in the previous paragraph, the sponsor must provide evidence of the family relationship with the family members for whom he/she requests reunification in Greece and prove that he/she meets all of the following conditions: a. accommodation that can cover his/her needs and the needs of the family members for whom the reunification is requested, b. personal income which is stable, regular and sufficient to cover his/her and the family’s needs 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. full health coverage, providing all the benefits for the equivalent category of insured nationals, which can also cover the rest of the family members, d. a recent (6 months old) family status or marriage certificate, e. standard information form filled-in and signed by the third-country national. The sponsor files an application for family reunification accompanied by the required supported documents. The body competent for examining the application must immediately seek the opinion of the competent police authority on issues pertaining to public order and security in the country, as well as the opinion of the competent Greek consular authority, to verify the existence of the family relationship, especially by personally interviewing the members of the family and assessing the risks which arise for public health. If the family members for whose entry the sponsor has applied fail to appear for the interview at their local consular authority, the application is rejected. The above opinions are provided strictly within three months. In exceptional cases related to the complexity of the examination, the prescribed period may be extended by thirty days. The Decentralized Administration either sends the competent consulate a complete folder of the person applying for family reunification by post or if the third-country national submits an application and undertakes to pay the costs by a state or private company courier. In all cases, the competent consulate also receives by email the list of citizens who have filed an application for family reunification. The competent body examines the application as to the fulfilment of the conditions laid down in the previous paragraph. When 44 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE examining the application for family reunification, the interests of minors is particularly considered. After considering the above opinions, the competent body issues a decision. For the purpose of verifying the existence of the family relationship, the competent body may call the sponsor to a personal interview and conduct any other investigation deemed necessary. The competent body shall forward the decision authorizing family reunification to the competent Greek consular authority which, provided that the application has been approved and that the other entry conditions are met, grants family members the necessary special visas. After entering into the county and before the entry visa expires, within (90) ninety days, each family member files an application for a residence permit, along with the required supporting documents. The family reunification process is completed no later than nine months after the filing, along with the required documents, of the application for the authorization of family reunification. In exceptional cases, this nine-(9)-month period may be extended by up to three (3) months. In the event of polygamy, if the sponsor already lives with one wife in Greece, his family reunification with another wife is not allowed. The family reunification of the sponsor’s minor children from another wife is not allowed, except in cases where the sponsor has been given legal custody. B. According to Article 8, paragraph 46 of Law 4332/2015, if a child was born before 09.07.2015 by parents only one of whom holds a valid residence permit the other parent is granted a residence permit if he/she de facto resides in the country. Necessary documents for the granting are: a) copy of valid passport (all pages) or travel document recognized by our country, b) copy of the sponsor’s residence permit, valid for at least two years, c) birth certificate of the child/children in Greece born before 09.07.2015, d) proof of stay in the country after the child’s/ children’s birth (School certificates, Medical documents etc.), e) insurance coverage similar to the sponsor, f) fee of 300€, i) Proof of accommodation. If the supporting documents are complete, a Type A certificate is granted. The initial residence permit granted to family members expires on the same date as the sponsor’s residence permit. The renewal of the members’ residence permit depends on the renewal of the sponsors’ residence permit. If the sponsor is granted long-term resident status, the residence permit of the members of his/her family is renewed every three years. If the sponsor has already been granted long–term resident status, the initial residence permit for the family MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 45 members for whom reunification has been requested is granted for two (2) years and is renewed every three years. The initial residence permit does not entail access to employment. The residence permit for family reunification is not granted, is withdrawn or not renewed in the following cases: a. there are risks for public order and security. The assessment of the reasons pertaining to public order and security in the country is a prerequisite for the authorization of family reunification and the initial granting of the residence permit to family members, b. On grounds of public health, c. The sponsor and his/her family members no longer live in a real marital or family relationship, d. an official document issued by a competent Greek authority or a final court judgment declares that false or misleading information, false or falsified documents were used, that fraud was otherwise committed or other unlawful means were used, e. It is found out that the family relationship, especially marriage, adoption or recognition of children, was declared for the purpose of violating the provisions hereof, enabling the person concerned to enter or reside in the country, or the sponsor’s residence in the country has been terminated and the family member does not have an independent residence right. During the withdrawal or non-renewal of the residence permit of one of the sponsor’s family members for reasons pertaining to public order and security or public health, besides the above provisions and the relevant provisions of this Code, the severity and the type of the committed crime are also assessed, as well as the risks linked to the person in question. Investigations may be conducted any time that the services become aware of any incident which may justify the withdrawal of the residence permit. Before rejecting an application, withdrawing or refusing to renew the residence permit or deciding to order the removal of the sponsor or members of his/her family, the following shall also be considered: the nature and solidity of the person’s family relationships, the duration of his/her residence in the country and the existence of family, cultural and social ties with his/her country of origin. The sponsor’s family members shall be entitled, in the same way as the sponsor, to: a. access to education, b. access to paid employment - provision of services or work during the first renewal of their residence permit, c. access to vocational guidance, initial and further training and retraining. Holders of residence permits for the purposes of family reunification are subject to the general rights and obligations of third-country nationals, according to the provisions of the Immigration Code. 46 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

15) Residence Permit to adult third-country nationals, who were born in Greece, or have studied in Greek schools for six years (article 108 law 4251/2014)48

Asif was born in Pakistan and came to Greece at the age of 3. He attended a Greek primary school in Patissia. When he was 14 years old, his father was not able to renew his residence permit as he didn’t have the minimum number of insurance days (health insurance stamps). The competent department of the decentralized administration published a negative decision for a residence permit for the whole family. They continued to stay without a valid residence permit in the country without making any further action. At the age of 19, Asif submitted the necessary documents to the competent department of the Decentralized Administration in Athens and was granted a residence permit, as he had attended a Greek school.

Jeff was born in Greece, he attended a Filipino school but he never had a residence permit, because his parents were illegal. When he turned eighteen years old, he obtained a residence permit, as he was born in Greece and he remained in Greece

Provided they produce the required supporting documents, adult third- country nationals born in Greece or having successfully completed a Greek school for six years in Greece before the age of 23 are granted a five-year residence permit which is renewed each time for five years, by producing the previous residence permit. The necessary requirements for the granting of a residence permit to third- country nationals are, apart from the general requirements mentioned in Part I: birth certificate in Greece or proof of successful attendance of Greek school for at least six years before the age of 23. Under the conditions of the Immigration Code, the permit gives holders all the rights of long-term residents. 1. Long-term residents cannot maintain their status, in the following cases: a. Evidence shows that they have acted fraudulently to acquire this status; b. A return decision has been issued; c. They have been away from EU territory for twelve consecutive months or more; d. They are a threat to public order, also considering the severity of the crimes they have committed, even if the threat

48as amended with Law 4332/2015. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 47 they represent is not a reason for return; e. They acquired long-term resident status in another EU Member State, in the context of exercising their right of residence in the other Member States under Directive 2003/109/EC; f. It is proven, in any way, that they were away from Greek territory for more than six years; g. An application for the renewal of international protection status is withdrawn or rejected pursuant to Articles 14 (3) and 19 (3) of Directive 2011/95/EU. In cases of withdrawal or non-renewal of the international protection status of a holder of a long-term resident residence permit, the Asylum Service notifies the secretary general of the territorially competent decentralized administration. 2. If the long-term resident residence permit expires, it does not automatically result in the withdrawal or forfeiture of long-term resident status. 3. When the withdrawal or loss of the status does not justify a return measure, the third-country national can apply on grounds other than the acquisition of long-term resident status, according to the provisions of the Code. In this case, the national visa is not required. The Asylum Service is notified in cases of beneficiaries of international protection in order to re-grant the residence permit of international protection beneficiaries.

16) Work permit for irregular third-country nationals working in agriculture (article 13 Law 4251/2014)49

If job vacancies which are provided in the Joint Ministerial Decision on employment in agriculture are not covered by the procedure provided in art. 12 and 13 of the Immigration Code, the employer may submit the competent Department of the Decentralized Administration an application for the exceptional employment of third-country nationals, without a residence permit in the country, to face urgent needs in agriculture. The following documents must be submitted: a) application mentioning the number of job vacancies in accordance with the correlated cultivated land or livestock per employee, data and nationality of the third-country nationals who are about to be employed, the specialty and the period of employment, b) Single Cultivation Statement or Single Breeding Statement of Article 9 of Law 3877/2010 (A160), c) solemn declaration by the employer that there is a force majeure situation and that he is unable to conclude timely legal agreements to address the needs of exploitation, d) receipt of payment of fifty (50) euros as fees for each third-country national intended to be employed, which shall be collected

49as amended with Law 4332/2015. 48 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE in favour of the State and is not refunded, e) solemn declaration that he/she will hire the workers and will undertake the anticipated deport costs, f) valid labour contract for the purpose of seasonal work, signed by the employer established in Greek territory. The contract shall include: 1) the type of employment and the date of entry into force, 2) the place of the employment, 3) commencement date of the contract, 4) the duration of the employment, 5) the number of working hours, which will be specific per day in a week or month, 6) employee’s payment, which cannot be, in any case, less than an unskilled worker’s wage, 7) the amount of holiday pay, if provided in the contract and 8) any other working condition, as appropriate, g) If the employment contract states that the applicant will exercise a profession (i.e. veterinarians) which is regulated by law, as set forth in the provisions of PD 38/2010 (A 78), proof that the third-country national fulfils the conditions of the relevant national law to exercise said profession in Greece. The provisions of the law are determined, in each case, in accordance with the description of the occupation in the relevant employment contract. h) solemn declaration that he/she 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 (A 228), as in force. When the accommodation is provided by the employer, he/she must, on the one hand, ensure that it fulfils the conditions of the applicable health provisions on health and safety standards, under the control of the competent authorities, and on the other inform the competent authority about any change. If the seasonal worker is required to pay rent, the employer gives the employee a lease contract or an equivalent document, clearly stating the terms of such rent. In any case the amount of the rent should be commensurate with the payment of the seasonal worker and the quality of the accommodation, while it is not automatically deducted from the seasonal worker’s payment. When the accommodation is not provided by the employer, the employer must provide the competent department of the Decentralized Administration the facts demonstrating that the seasonal worker has accommodation, which meets the legally required standards. Applications are reviewed by the Coordinator of the Decentralized Administration, who may issue approval acts for the exceptional work of irregularly staying third-country nationals. Approval of exceptional employment of third-country nationals constitutes a reason to postpone their return. The competent authorities of the Decentralized Administration send the locally competent Police Headquarters the issued approval acts. If a return decision has already been issued, the competent police authority shall issue a postponement certificate of the return, if there is no compelling reason of public order and security against it. If a return decision has not been issued, one shall be issued by the competent police authority followed by a return postponement certificate. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 49

Third-country nationals whose return has been postponed can submit to the Decentralized Administration of their residence an application for a work permit with the following documents: a) application b) certified copy of the postponement certificate for the return of this article, c) certificate, issued by the health authorities, confirming that he/she has not an infectious disease, d) two recent photographs. The issuance or renewal of said work permit is free of fees. Employers who employ third-country nationals in application of paragraphs 1 and 2 of this Article shall not be subject to criminal sanctions of employment of illegal third-country nationals under Articles 85, 87 and 88 of l. 4052/2012 (A 41). Finally, third-country nationals employed under paragraphs 1 and 2 of this Article in the rural economy are insured by the Agricultural Insurance Organization via work stamps.

17) Special Certificates of Legal Residence (Article 25 law 4251/2014)

Applications for cancellation of a decision on the rejection, withdrawal or non- renewal of a residence permit pursuant to the provisions of the Immigration Code shall be filed with the competent three-member Administrative Court of First Instance within sixty days from the receipt of the decision. Special certificates of legal residence shall be granted to third-country nationals for whom the three-member Administrative Court of First Instance has delivered a decision on the stay or a temporary order of stay in relation to an administrative act, the cancellation of which has been requested, and relates to: a) rejection of an application for renewal of a residence permit, b) revocation/ withdrawal of an issued residence permit, and c) rejection of an application for initial issue of a residence permit, provided that the application has been lodged along with full supporting documents for one of the reasons referred to in the Immigration Code and an application certificate has been procured. The special certificate of legal residence is a temporary residence permit valid for one year, subject to renewal for an equal period each time until delivery of the Administrative Court’s judgment and shall grant its holder the same rights as those granted under the withdrawn or non-renewed residence permit. The special certificate of legal residence is granted also to the dependent family members of the aforementioned third-country nationals, who were holders of residence permits for the purpose of family reunification, as well as to minors born in Greece irrespectively of their birth before or after the rejection or the withdrawal decision of the residence permit of the sponsor. When said 50 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE minors become adults, they shall be granted a separate residence permit. The provisions of the previous paragraph shall apply accordingly to third- country nationals who: a) are released from prison on restrictive conditions, including prohibition to leave the country, b) are subject to a restrictive condition at the pre-litigation stage, adherence to which shall require their stay until the hearing, c) have come to the country illegally and report punishable acts committed by a criminal organization referred to in Article 187 of the Penal Code, where deportation has been suspended by order of the Prosecutor of Misdemeanours on authorization of the Prosecutor of Appeals, until delivery of a final decision on the reported actions, and d) are minors, within the meaning of Article 121 of the Penal Code, who have been subject to the reformative measures referred to in Article 122(b), (c) and (d), or the curative measures referred to in Article 123 of the Penal Code. The special certificate of legal residence shall be granted for one year, subject to renewal for an equal period of time if the stipulated requirements continue to be met, and shall grant the right of access to paid employment. The application for the issue of a special certificate of legal residence shall be lodged with the competent Directorate to the Ministry for the Interior or the competent department of the decentralized administration, whichever is the authority that issued the relevant decision. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 51

PART B

1. RIGHTS

Third-country nationals who legally reside in the county may freely move and settle anywhere in its territory. By presidential decree issued at the proposal of the Ministers for the Interior, Foreign Affairs, National Defence and Public Order & Citizen Protection, residence or settlement may be prohibited in certain geographic regions of the country for reasons of public interest. Third-country nationals who legally reside in Greece shall be insured with the relevant insurance institution and have the same insurance rights as Greek nationals. The provisions of Legislative Decree 57/1973 on social protection, as amended and in force, shall also apply to third-country nationals who legally reside in Greece. Uninsured and vulnerable social groups have the right of free access to public health Institutions and are entitled to nursing and medical care (Article 33(2) Law 4368/2016). The beneficiaries also include those who reside in Greece with a residence permit on humanitarian or exceptional grounds and their family members (spouse and minors or dependent children), in accordance with Article 28, Presidential Decree 114/2010 (A195) or L. 3386/2005 (A212) or L. 4251/2014 (A80) whether they hold a valid residence permit, or a decision for the renewal of the request for international protection status is pending, or in case of administrative appeal or legal remedy against a negative decision of an application for renewal or during the time there is the right for administrative appeal or legal remedy. Also included are victims of crimes according to Articles 323, 323A, 349, 351 and 351A of the Penal Code (as per Presidential Decree 233/2003), who are uninsured, as long as the measures of protection and assistance last, and third-country nationals who fall within the provisions of Law 3875/2010 (a 158) “Ratification and implementation of the United Nations Convention against Transnational Organized Crime”, as long as the measures of protection and assistance last, by producing a relevant certificate from the competent police headquarters according to Article 7, PD 233/2003. The beneficiaries are required to have a Social Security Number (AMKA) to receive 52 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE said services. To receive said Number (AMKA), a passport, or a family status certificate, officially translated in Greek is required. If there is no identity card or a passport or the documents do not contain the required information, minors born in Greece should produce a birth certificate. Third-country nationals referred to above, who do not hold or cannot get an AMKA, are entitled to all the stated benefits, by holding an Aliens Health Care Card (KYPA), which is granted to the beneficiaries by the Offices for the Protection of the Rights of Health Services Recipients or Social Services of Public Health Structures of Article 33(1), Law. 4368/2016 (A 21). The duration of the Aliens Health Care Card is for six (6) months from the date of issue, except for pregnant women beneficiaries that is valid for one year. Minors who are third-country nationals residing in Greece shall be subject to the same requirement of compulsory education as Greek nationals. Minors who are third-country nationals, students at any level of education shall have unlimited access to the activities of school or academic communities. Enrolment of minors who are third-country nationals to Greek schools of any level shall require the same supporting documents requested from Greek nationals. Exceptionally, the children of third-country nationals may be enrolled in public schools with incomplete supporting documents if: a. They are protected by the Greek State as beneficiaries of international protection and are under the protection of the United Nations High Commissioner for Refugees, b. They come from highly turbulent areas, c. They have filed an application for international protection, d. They are third-country nationals residing in Greece, even if their legal residence in the country has not been regulated. The terms and conditions for the recognition of primary and secondary education certificates obtained in the country of origin and the conditions for inclusion in the Greek education system, and the enrolment of students who are third-country nationals in public schools may be determined by decision of the Minister for Education and Religious Affairs. In the context of the supporting actions of the Ministry for Education and Religious Affairs, a similar decision may regulate matters of optional teaching of the mother tongue and about the culture where the number of interested students is adequate, and determine the employment relation and the qualifications of the education professionals who will teach the mother tongue and cultural elements of the country of origin. Without prejudice to more special provisions of the applicable legislation, third-country nationals who are secondary education graduates in Greece shall have access to tertiary education, on the same terms and conditions as Greek nationals. MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 53

2. OBLIGATIONS

While residing in Greece, a third-country national shall declare to the competent agencies of the decentralized administrations of Greece or to the Directorate for Migration Policy to the Ministry of Migration Policy: a. Any change to their home address; b. Any change to their personal status, such as change of nationality, marriage, divorce or annulment of marriage, or birth of child; c. Loss or renewal of or change in the particulars of their passport or other travel document; d. Loss of the permit or of the residence or permanent residence certificate. A third-country national who holds a residence permit must have departed at no further notice by the last day of the duration of validity unless he/she has lodged an application for renewal before expiry and has been granted a submission certificate. The declarations shall be made within two months from occurrence of the relevant event, except from the change of passport, which can be done on the renewal or reissue of the residence permit and a child’s birth declaration which can be made within two years from birth. Third-country nationals who fail to meet their obligations shall be charged with a fine of fifty (50) or one hundred (100) euros in case of a repeated non-compliance. A third-country national who violates the deadline for voluntary departure or otherwise illegally resides in the country for a period less than thirty (30) days shall pay on departure four times the relevant fees for an annual residence permit. If the duration of such illegal residence exceeds thirty days, he/she shall pay eight times the relevant fees for an annual residence permit. The following persons are exempt from fines: (a) minors, (b) those who qualify as ethnic Greeks, (c) those who have the status of spouse or parent of a Greek national, an ethnic Greek or an EU national, (d) those who have been included in procedures and programs for voluntary repatriation, (e) those who have violated the lawful period of residence in Greek territory for reasons of force majeure if they leave within thirty (30) days from the termination of the event. In all cases the police authority checking the departure of the third-country national bears the responsibility for deciding on the exemption reason. In the cases where no apostille is required, the documents shall be certified by the Greek consular authority or the Greek Ministry for Foreign Affairs in terms of authenticity of signature of the foreign authority officer. 54 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 55

TABLES 56 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE a) Type A certificate b) Residence Permit with access to the Labour market, provision of services or work c) One-year residence permit The permit can be renewed up to 2 years, if the same conditions are met. Ministry of Migration Policy - photographs

DOCUMENTS OFFICE NOTES a) Four (4) recent colour b) Certified copy of the valid passport or travel document recognized by the Greek authorities c) Electronic fee of EUR 16, for the printing of the document d) Official public document of the coun try of birth or origin, officially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers f) Act of the competent prosecuting authority with the characterization of the third-country national as victim of trafficking. TYPE 1) Residence Permit to third-country nationals, victims of trafficking and smuggling Article 49-56 Law 4251/2014 and 19A (1a) Law 4251/2014 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 57 a) Type A certificate b) Residence Permit with access to the Labour market, provision of services or work c) One-year residence permit The permit can be renewed up to 2 years, if the same conditions are met. Policy - DOCUMENTS OFFICE NOTES a) Four (4) recent colour photographs Ministry of Migration b) Certified copy of the valid passport or travel document recognized by the Greek authorities c) Electronic fee of EUR 16 to print the document d) Official public document of the coun try of birth or origin, officially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers f) The competent prosecuting authority deciding whether the conditions exist or not. TYPE 2) Residence Permit to third-country nationals, victims of crime and material witnesses Article 19A (1b) Law 4251/2014 58 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE b) Residence Permit with access to the Labour market, provision of services or work c) One-year residence permit The permit can be renewed up to 2 years, if the same conditions are met. a) Type A certificate Policy - - DOCUMENTS OFFICE NOTES c) Electronic fee of EUR 16 to print the document d) Official public document of the coun try of birth or origin, officially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers f) Certified copy of the complaint sub mitted to a competent Greek authority a) Four (4) recent colour photographs Ministry of Migration b) Certified copy of the valid passport or travel document recognized by the Greek authorities TYPE 3) Residence Permit to third-country nationals, victims of domestic violence Article 19A (1c) Law 4251/2014 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 59 a) Type A certificate b) Residence Permit with access to the Labour market c) One-year residence permit OFFICE NOTES tion Policy - - - - stitution hospital/ private physician with his/her signature verified showing the severity of accident and planned treatment. RENEWAL a) Certificate of competent administrativeshowing that it is necessary the third-country national to stay in or judicial authority Greece to seek said employers’ obligations, b) recent certificate by Greek state hospital or social security institution private physician with his/her signature certified showing the predicted recovery time, c) Insurer’s certificate for the cover of hospital and health care costs or an insurance policy with at least six months duration covering hospitalization and health care costs. ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers f) Labour Inspectorate Certificatethe which the circumstances under the accident stating izing or court order character third-country national was employed the interested party stating that he/she Solemn Declarationby g) collect remedies to or legal exercise administrative to intends what he/she is due to be paid h) Recent certificate by Greek state hospital or social security in b) Certified copy of the valid passport or travel document recog nized by the Greek authorities c) Electronic fee of EUR 16 to print the document d) Official public document of the country of birth or origin, of a) Four (4) recent colour photographs Ministry of Migra- TYPE DOCUMENTS 4) Residence Permit to third-country nationals, who worked under particularly exploitative working conditions Article 19A(1d) Law 4251/2014 60 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE b) Residence Permit with access to the Labour market c) One-year residence permit The permit can be renewed up to The permit can be renewed up are 2 years if the same conditions met. a) Type A certificate Ministry of Migration of Ministry Policy - - DOCUMENTS OFFICE NOTES c) Electronic fee of EUR 16 to print the document d) Official public document of the coun try of birth or origin, officially translated and legally authenticated, clearly show ing the place of birth if not mentioned not if the place of birth ing on the passport e) Taking biometric identifiers f) Confirmation by the directorthe law therapeutic approved under of an relating program for mental addictions the rehabilitation in to the participation or reintegration phases of the specific program. a) Four (4) recent colour photographs b) Certified copy of the valid passport the by recognized document or travel Greek authorities - TYPE 5) Residence Permit to third-country Residence 5) pro therapeutic attend who nationals, grams for mental addictions Article 19A (1e) Law 4251/2014 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 61 b) Residence Permit with access to the Labour market c) One-year residence permit a) Type A certificate Ministry of Migration of Ministry Policy - - DOCUMENTS OFFICE NOTES c) Electronic fee of EUR 16 to print the document d) Official public document of the coun try of birth or origin, officially translated and legally authenticated, clearly show ing the place of birth if not mentioned not if the place of birth ing on the passport e) Taking biometric identifiers deciding the by issued Document f) article 2(s), P.D. Competent Authority, 113/2013. a) Four (4) recent colour photographs b) Certified copy of the valid passport the by recognized document or travel Greek authorities - - TYPE 6) Residence Permit of third-country na third-country of Permit Residence 6) their of rejection the following tionals protection and claim for international Min referred to the been case has their istry of Migration Policy Article 19A (1f) Law 4251/2014 62 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE a) Type A certificate access to the Residence Permit with b) Labour market c) One-year residence permit Ministry of Migration of Ministry Policy - - DOCUMENTS OFFICE NOTES a) Four (4) recent colour photographs b) Certified copy of the valid passport the by recognized document or travel Greek authorities c) Electronic fee of EUR 16 to print the document d) Official public document of the coun try of birth or origin, officially translated and legally authenticated, clearly show ing the place of birth if not mentioned not if the place of birth ing on the passport e) Taking biometric identifiers f) Recent family status certificate of the proves his/her citizenship minor which and full details of his/her parents g) Notarial document about the paternity of the child h) Photocopy of the Greek parent’s id card - TYPE tionals, parents of Greek minors Article 19A (f) Law 4251/2014 7) Residence permit to third-country na third-country to permit Residence 7) MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 63 - - a) Type A application certifi cate b) 2-year residence permit renewed be can permit The same condi the years if 2 for tions are met. OFFICE NOTES Administration - - - - - ing the accommodation and coverage of living health costs states the purpose of foundation g) Operation statutes which or the Government Gazette of establishment and operation the legal entity h) Appointment decision of the entity’s legal representative i) Recent certificate by Greek state hospital or social security in illness/ of gravity the showing decision committee health or tified accident j) Judicial decision of the judicial supporter’s appointment, where appropriate thein placement minor’s the ordering document, Prosecutor’s k) institution or non-profit legal entity, if the applicant is a minor. b) Certified copy of the valid passport or travel document recog c) Electronic fee of EUR 16 to print the document d) Official public document of the country of birth or origin, of ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers show entity legal non-profit the or Institution the by Certificate f) cer signature his/her with or private physician hospital stitution nized by the Greek authorities a) Four (4) recent colour photographs Decentralized TYPE DOCUMENTS 8) Residence Permit to third-country nationals and minors, incapable of taking care of their own matters (Article 19A (2a) Law 4251/2014 64 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE - a) Type A application certificate b) 2-year residence permit renewed be can permit The same condi the years if 2 for tions are met. OFFICE NOTES Administration - - - - b) Certified copy of the valid passport or travel document recog c) Electronic fee of EUR 16 to print the document d) Official public document of the country of birth or origin, of ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers res judica with authority judicial a Greek or foreign by Decision f) or grant of custody, Greece for the assignment in ta recognized certificate that the application has been submitted before the competent judicial authority for adoption, certificate that an ap authority a foreign by decision the of recognition for the plication on adoption and a social service report has been submitted g) Solemn declaration by the family stating that they host minor and cover his/her living health care costs h) True photocopy of the valid residence permit person or national third-country a is person said if custody, the having the carer or adopter is a card if identity of the a photocopy Greek national. nized by the Greek authorities a) Four (4) recent colour photographs Decentralized TYPE DOCUMENTS 9) Residence Permit to minor nationals, the custody of whom has been entrusted to Greek families, or third-country nationals’ families in legal residence, or for whom adoption proceedings before the Greek authorities are pending Article 19A (2b) Law 4251/2014 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 65 - a) Type A application certificate b) 2-year residence permit renewed be can permit The same condi the years if 2 for tions are met. OFFICE NOTES Administration - - - - - a) Four (4) recent colour photographs Decentralized petent Police Authority characterizing the accident g) recent certificate by a public Greek hospital / hospital of the sig his/her with / private physician Institution Insurance Social pacity to work a by or decision rate, at least 50%, disability the about Decision h) Social Security Institution to grant disability pension i) Social Security Institution certificate stating that it shall cover hospitalization and health care costs. b) Certified copy of the valid passport or travel document recog c) Electronic fee of EUR 16 to print the document d) Official public document of the country of birth or origin, of ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers com the by issued document or document Inspection Labour f) nature certified showing the severity ofinca for Committee decision recovery time or a Health planned the accident and the nized by the Greek authorities TYPE DOCUMENTS 10) Residence Permit to third-country national, victims of labour accidents Article 19A (2C) Law 4251/2014 66 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE - a) Type A application certificate b) 2-year residence permit renewed be can permit The same condi the years if 2 for tions are met. OFFICE NOTES Administration - - a) Four (4) recent colour photographs Decentralized b) Certified copy of the valid passport or travel document recog c) Electronic fee of EUR 16 to print the document d) Official public document of the country of birth or origin, of ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers f) Written consent of the parents about intended stay or the school boarding the of operational statute the of copy g) Government Gazette showing of its establishment h) certificate of the Foundation orthe accommodation and the coverage of living showing the non-profit legal entity, health care costs i) decision for the representative of boarding school j) Enrolment certificate nized by the Greek authorities TYPE DOCUMENTS 11) Residence Permit to third-country minors, hosted by boarding schools Article 19A (2d) Law 4251/2014 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 67 - a) Type A application certificate b) 2-year residence permit renewed be can permit The same condi the years if 2 for tions are met. OFFICE NOTES Administration - - - b) Certified copy of the valid passport or travel document recog c) Electronic fee of EUR 16 to print the document d) Official public document of the country of birth or origin, of ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport e) Taking biometric identifiers f) Valid residence permit g) Recent certificate by public Greek hospital / hospitalsig his/her with / private physician Institution Insurance Social of the nature certified, showing the seriousness of the disease and the Committee on Health the by estimated recovery time /decision disability for work, or a decision about the rate, at least disability a for Institution Security Social a by decision a or 50%, pension h) Insurance certificate for hospitalization and health care costs is at least for one year, /insurance policy, the duration of which for hospitalization and health care costs. nized by the Greek authorities a) Four (4) recent colour photographs Decentralized TYPE DOCUMENTS 12) Residence Permit to third-country nationals on health grounds Article 19A (2e) Law 4251/2014 68 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE *Reference to category 13 of the text OFFICE NOTES Administration - - a) Four (4) recent colour photographs Decentralized b) Certified copy of the valid passport or travel document recog nized by the Greek authorities c) An electronic fee of EUR 300 d) Electronic fee of EUR 16 to print the document e) Official public document of the country of birth or origin, of ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport f) Taking biometric identifiers *For the other documents reference to category 13 of text TYPE DOCUMENTS 13) Residence Permit to third-country nationals for exceptional reasons Article 19 law 4251/2014 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 69 a) Type A application certificate b) 5-year residence permit The permit can be renewed for 5 years if the same conditions are met. OFFICE NOTES Administration - - - a) Four (4) recent colour photographs Decentralized b) Certified copy of the valid passport or travel document recog document travel or passport valid the of copy Certified b) nized by the Greek authorities c) Electronic fee of EUR 300 d) Electronic fee of EUR 16 to print the document e) Official public document of the country of birth or origin, of ficially translated and legally authenticated, clearly showing the place of birth if not mentioned on the passport f) Taking biometric identifiers insur of or document booklet health or family personal Valid g) ance coverage (public or private insurance) School Secondary or Primary public any by Certificate a Either h) in Greece, the attendance of at least six classes before showing the age of 23 of the third-country national or birth certificate in Greece. his/her showing national, third-county the by proof of kind Any i) special bonds with the country. TYPE DOCUMENTS 14) Residence Permit to third-country nationals who are minors and were born in Greece, or have studied Greek schools for six classes Article 108 Law 4251/2014 70 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

ALIENS AND IMMIGRATION SERVICE CONTACTS MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 71 ADDRESS - COMMUNICATION 19, PSARON STREET, 153 51 PALLINI, 19, PSARON STREET, 153 51 PALLINI, TEL: 210 6604900, FAX: 6604945 - 6604925. dam_anat@attica.gr 5, AGIOU DIONYSIOY STREET, 185 45 PIREUS, 5, AGIOU DIONYSIOY STREET, 185 45 PIREUS, TEL: 210 4141600, FAX: 4141655. [email protected] 2, SALAMINIAS & P. RALLIS STREETS, 118 55 ATHENS, 2, SALAMINIAS & P. RALLIS STREETS, 118 55 ATHENS, TEL: 2103403300, FAX: 2103403355 & 2103403356. [email protected] 2, SALAMINIAS & P. RALLIS STREETS, 118 55 ATHENS, 2, SALAMINIAS & P. RALLIS STREETS, 118 55 ATHENS, TEL: 210 3403350, FAX: 3403357 & 358. [email protected]

LOCAL COMPETENCE a) Aghia Paraskevi b) Amaroussion c) Vrilissia, d) Neon Heraklion, e) Kifisia, f) Likovrisi - Pefki, g) Metamorphosis, h) Nea Ionia, i) Papagou - Cholargos, j) Pendeli, k) Filothei -Psychiko, l) Chaladri, m) Aharnes, n) Vari – Voula -Vouliagmeni o) Dionysos, p) Kropias, q) Lavreotiki, r) Marathonas, s) Markopoulo - Mesoghea, t) Paiania, u) Pallini, v) Rafina - Pikermi, w) Saronikos, x) Spata-Artemida, y) Oropos a) Aghios. Dimitrios, b) Alimos, c) Glyfada, d) Elliniko-Argyroyp- oli, e) Kallithea, f) Moschato - Tavros, g) Nea Smyrni, h) Palaion Faliron, i) Keratsini - Drapetsona, j) Korydalos, k) Nikaia – Aghios Ioannis Redis, l) Piraeus, m) Perama, n) Agkistri, o) Aegina, p) Kythira, q) Poros, r) Salamina, s) Spetses, t) Troizina, u) Hydra m) Megara, r) Fyli a) Vyronas, b) Galatsi, c) Dafni-Ymittou, d) Zografou, e) Ilioupoli, a) Vyronas, b) Galatsi, c) Dafni-Ymittou, d) Zografou, e) Ilioupoli, f) Kaisariani, g) Philadelphia-Chalkidona, h) Aghia Varvara i) Aghioi. Anargyroi-Kamatero, j) Aigaleo, k) Ilion, l) Peristeri, m) Petroupoli, n) Chaidari, o) Aspropyrgos, p) Elefsina, q) Mandra - Eidilia, ALIENS AND IMMIGRATION NORTHERN SECTOR AND EASTERN ATTICA SOUTH SECTOR, PIREUS SOUTH SECTOR, PIREUS AND ISLANDS CENTRAL SECTOR AND WESTERN ATTICA A’ ATHENS ATHENS SERVICE CONTACTS DECENTRALIZED ADMINISTRATION OF ATTICA 72 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

FAX: 2710 225307. [email protected] D. ROMA XENIA 291 00, TEL: 26950 42448, FAX: 42448. [email protected] 11, ARCHEMEDES STREET, 271 00 PYRGOS, TEL: 26210 29522, 29573, FAX: 26210 29572. [email protected] 436726, FAX: 2610461554. [email protected] 37, CYPRUSSTREET, 302 00, MESOLONGI, TEL: 26310 26625, FAX: 27520 27063. [email protected] 17-21, GEORGIOU A STREET, 221 00 TRIPOLI, TEL: 2710 225307, N.E.O. PATRA - ATHENS 55 264 41 PATRA, TEL: 2610 425330, FAX: 26310 26640. [email protected] 28, 25 MARTIOU STREET, 211 00 ΝAFPLIO, TEL: 27520 27053, - c) Pyrgos, d) Ilida, e) Ancient Olympia, c) Pyrgos, d) Ilida, e) Ancient Olympia, f) Andravida-Kyllini, g) Pineios a) Agrinio, b) Aktio-Vonitsa, c) Xirome ro, d) Nafpaktia, e) Amfilochia, f) I.P. Mesologgiou, g) Thermo ia, d) Megalopoli, e) North Kynouria d) Argos-Mykines Achaia, d) Kalavryta, e) Egialia ALIENS AND IMMIGRATION ALIENS AND IMMIGRATION ZAKYNTHOSILEIA Zakynthos a) Zacharo, b) Andritsena-Krestena, ETOLIA AND ETOLIA AND AKARNANIA ARKADIA a) Tripoli, b) South Kynouria, c) Gortyn- ARGOLIDA a) Nafplio, b) Ermionida, c) Epidavros, ACHAIA a) Patra, b) Erymanthos, c) Western SERVICE CONTACTS LOCAL COMPETENCE ADDERESS - COMMUNICATION DECENTRALIZED ADMINISTRATION OF THE PELOPONNESE, WESTERN GREECE AND IONIAN MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 73 ALYKES POTAMOU 491 00 CORFU, TEL: 26613 61587, FAX: 26610 48302. [email protected] 160, L. VERGOTI STREET, 281 00 ARGOSTOLI, TEL: 26710 26382, FAX: 26710 29304. [email protected] 93, AGIOU PAVLOU STREET, 201 00 CORINTH, TEL: 27410 73705, FAX: 27410 73708. [email protected] COMMAND POST 2ND KLM. SPARTYA-GYTHEIO NATIONAL ROAD, 231 00 SPARTA, TEL: 27313 63448, FAX: 63441. [email protected] TEL: 26450 25252, FAX: 26544. [email protected] 173, ATHINON STREET, 241 00 KALAMATA, TEL: 27210 96575, FAX: 27210 86225. [email protected] - a) Corinth, b) Sikyonies, c) Xylokas tro-Evrostini, d) Velo-Vocha, e) Loutra- ki-Aghioi Theodoroi, f) Nemea d) Μοnemvasia, e) Elafonisi Nestor, d) Trifylia, e) Ichalia, f) Western Mani ALIENS AND IMMIGRATION KEFALLONIACORINTH LAKONIA a) Kefallonia, b) Ithaki LEFKADAMESSINIA a) Sparta, b) Eastern Mani, c) Evrota, a) Lefkada, b) Meganisi a) Kalamata, b) Messini, c) Pylos - 9, PEFANEROMENI & KARAISKAKI STREETS, 311 00 LEFKADA, CORFU a) Corfu, b) Paxoi SERVICE CONTACTS LOCAL COMPETENCE ADDERESS - COMMUNICATION DECENTRALIZED ADMINISTRATION OF THE PELOPONNESE, WESTERN GREECE AND IONIAN 74 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

ELEFTHERNIS & 2, SYVRITOU STREET, 713 03 IRAKLEIO CRETE, TEL: 2810 264168, FAX: 264160. [email protected] 1, IROON POLYTECNEIOU STREET – COMMAND POST, 721 00 ST. NICOLAOS, TEL: 28410 25289, FAX: 25289. [email protected] 6, APOLLONIATOU STREET, 741 00 RETHYMNO, TEL: 28310 20800, FAX: 23085. [email protected] 27, THERAPEFTIRIOU STREET, 732 00 CHANIA, TEL: 28210 28310, 811, FAX: 28210 23820. [email protected] d) Festou, e) Gortyna, f) Chersonisos, d) Festou, e) Gortyna, f) Chersonisos, g) Minoa Pediadas, h) Viannos d) Oropedio Lasithiou Vasileios, e) Anogia e) Kantanos-Selinos, f) Gavdos, g) Sfakia LOCAL COMPETENCE ADDRESS - COMMUNICATION ALIENS AND IMMIGRATION LASITHIRETHYMNO a) Aghios Nicolaos, b) Sitia, c) Ierapetra, CHANIA a) Rethymno, b) Mylopotamos, c) Amario, d) Aghios a) Chania, b) Apokoronas, c) Platanias, d) Kissamos, IRAKLEIO a) Irakleio, b) Malevizi, c) Archanes-Asterousies, SERVICE CONTACTS DECENTRALIZED ADMINISTRATION OF CRETE MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 75

ADDRESS - COMMUNICATION 1, TAKI OIKONOMIDI STREET, 540 08 THESSALONIKI, TEL: 2313 309202, FAX: 309205. [email protected] COMMAND POST 661 00 DRAMA, TEL: 25213 51504- 6, FAX: 25213 51508. [email protected] 1B MAKRIS STREET, NEW CHILE 681 00 ALEXANDROUPOLI, TEL: 25510 84792, FAX: 84780. [email protected] 89, VENIZELOU 89 STREET, 591 00 VEROIA, TEL: 23310 75165, FAX : 23310 75197. [email protected] 2, ELEFTHERIAS STREET, 654 03 KAVALA, TEL: 2510 221273, FAX: 2510 221387. [email protected] 21, ETHNIKIS ANTISTASIS STREET, 611 00 KILKIS, TEL: 23410 29272, FAX: 29273. [email protected]

LOCAL COMPETENCE d) Pavlos Melas, e) Ampelokipi, f) Pylaia – Chortiati, g) Chalk- idona, h) Delta, i) Oreokastro, j) Lagadas, k) Thermaikos, l) Thermi, m) Volvi, n) Kalamaria a) Drama, b) Prosotsani, c) Paranesti, d) Doxato, e) Nevrokopi a) Alexandroupoli, b) Soufli, c) Didymoticho, d) Orestiada, e) Samothraki

ALIENS AND IMMIGRATION THESSALONIKI a) Thessaloniki, b) Kordelio-Evosmos, c) Neapoli-Sykeon, DRAMA EVROS IMATHIAKAVALA a) Veroia, b) Alexandreia, c) Naousa KILKIS a) Kavala, b) Nestos, c) Paggaio, d) Thasos a) Kilkis, b) Paionia SERVICE CONTACTS DECENTRALIZED ADMINISTRATION OF MACEDONIA - THRACE 76 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE

ADDRESS - COMMUNICATION DIMOKRATIAS & 1, ΑΝ. PAPANDREOU STREET, POLYGYROS 631 00, TEL: 23710 21584, FAX: 21746. [email protected] FAX: 25310 36712. [email protected] 9, CHR. SMYRNIS STREET, 671 00 XANTHI, TEL: 2313 309770-6, FAX: 23810 23220. [email protected] 41, KITROUS STREET, 601 00 KATERINI, TEL: 23510 74444, FAX: 23510 46479. [email protected] EKTENEPOL Ο.T. 6, 691 00 KOMOTINI, TEL: 25310 31225, 67, MERARCHIAS STREET, 621 00 SERRES, TEL: 2313 309 681, FAX: 23210 97921. [email protected] FAX: 25410 63272. [email protected] COMMAND POST 582 00 EDESSA, TEL: 23810 51245,

LOCAL COMPETENCE e) Aristotle a) Sintiki, b) Visaltia, c) Emm. Pappa, d) Amfipoli, e) Nea Zichni, f) Irakleia, g) Serres d) Arrianoi a) Komotini, b) Ιasmos, c) Maroneia - Sapes,

ALIENS AND IMMIGRATION SERRES PIERIARODOPI a) Dias-Olympos, b) Pydna-Kolindros, c) Katerini HALKIDIKI a) Polygyros, b) Sithonia, c) Kassandra, d) Nea Propontida, XANTHI a) Xanthi, b) Myki, c) Avdira, d) Topeiro PELLA a) Edessa, b) Almopia, c) Skydra, d) Pella SERVICE CONTACTS DECENTRALIZED ADMINISTRATION OF MACEDONIA - THRACE MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 77

9, CHR. SMYRNIS STREET, 671 00 XANTHI, TEL: 2313 309770-6, FAX: 25410 63272. [email protected] COMMAND POST 582 00 EDESSA, TEL: 23810 51245, FAX: 23810 23220. [email protected] 41, KITROUS STREET, 601 00 KATERINI, TEL: 23510 74444, FAX: 23510 46479. [email protected] FAX: 25310 36712. [email protected] FAX: 23210 97921. [email protected] DIMOKRATIAS & 1, ΑΝ. PAPANDREOU STREET, POLYGYROS 631 00, TEL: 23710 21584, FAX: 21746. ADDRESS - COMMUNICATION 62, MARIKAS KOTOPOULI STREET, IOANNINA 454 45, 62, MARIKAS KOTOPOULI STREET, IOANNINA 454 45, TEL: 26510 88120, FAX: 88112. REGIONAL ROAD & VENIZELOU, ARTA 471 00, TEL: 26810 70000, FAX: 26810 78515. [email protected] TEL: 24620 76456, FAX: [email protected] 20, PARGAS STREET, IGOUMENITSA 461 00, TEL: 26650 21187, FAX: 22650 21191. [email protected] COMMAND POST KASTORIA 521 00, TEL: 24670 22672, 22124, FAX: 24670 22254, 22124. [email protected] KOZANI 50100, TEL: 24610 53548, 53572, FAX: 24613 50285, 6. www.apdhp-dm.gov.gr 22460, FAX: 26820 24760. [email protected] 1, PTOLEMAION STREET – COMMAND POST, FLORINA 531 00, TEL: 23850 49137, FAX: 49136. [email protected] LOCAL COMPETENCE Tzoumerka, f) Metsovo, g) Dodoni, h) Zitsa d) Central Tzoumerka a) Preveza, β) Parga, γ) Ziroa) Florina, b) Amyntaio, γ) Prespes 1, ETHNIKIS ANTISTASIS STREET, PREVEZA 481 00, TEL: 26820 a) Komotini, b) Ιasmos, c) Maroneia - Sapes, a) Sintiki, b) Visaltia, c) Emm. Pappa, d) Amfipoli, EKTENEPOL Ο.T. 6, 691 00 KOMOTINI, TEL: 25310 31225, 67, MERARCHIAS STREET, 621 00 SERRES, TEL: 2313 309 681, ALIENS AND IMMIGRATION SERVICE CONTACTS IOANNINAARTA a) Ioannina, b) Zagori, c) Konitsa, d) Pogoni, e) North GREVENATHESPROTIA a) Arta, b) Nikolaou Skoufa c) Georgios Karaiskakis, KASTORIA a) Deskati, b) Grevena a) Igoumenitsa, b) Filiates, c) Souli KOZANI a) Kastoria, b) Orestida, c) Nestorio PREVEZA a) Kozani, b) Voio, c) Eordaia, d) Servia - VelventoFLORINA COMMAND POST, END OF K. TALLIADOURI, GREVENA 511 00, ZEP KOZANIS REGION OF WESTERN MACEDONIA BUILDING, XANTHI a) Xanthi, b) Myki, c) Avdira, d) Topeiro DECENTRALIZED ADMINISTRATION OF EPIRUS – WESTERN MACEDONIA 78 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 28-30, IROON POLYTECHNEIOU STREET, RHODES 851 00, 28-30, IROON POLYTECHNEIOU STREET, RHODES 851 00, TEL: 22410 28149 75749, FAX: 20707. [email protected] 7, AKTI KOUNTOURIOTI, KOS 85300, TEL: 22420-30480. [email protected] 35, EPTANISOU STREET, ERMOUPOLI SYROU 84 100, TEL: 22810 84105, FAX: 88043. [email protected] CHORA OF NAXOS, NAXOS 843 00 TEL: 22853-60142, 60103 FAX: 22850-23570. 1, SMYRNIS STREET, MYTILINI 811 00, TEL: 22510 26971, FAX: 2251037267. [email protected] SAMOS 831 00, TEL: 2273087878, FAX: 22730 80807. [email protected] TEL: 22710 41063, FAX: 42778. [email protected] LOCAL COMPETENCE ADDRESS - COMMUNICATION e) Megisti, f) Symi, g) Tilos, h) Chalki e) Leipsoi, f) Leros, g) Patmos e) Anafi, f) Mykonos, g) Kea, h) Serifos, i) Kythnos, j) Sifnos, k) Milos a) Naxos and Small Cyclades, b) Paros, c) Antiparos, d) Amorgos, e) Folegandros, f) Sikinos, g) Thira, h) Oia ALIENS AND IMMIGRATION DODEKANISA a) Rhodes, b) Karpathos, c) Nisyros, d) Kasos, SERVICE CONTACTS KOS a) Aagathonisi, b) Astypalaia, c) Kalymnos, d) Kos, CYCLADES a) Syros-Ermoupoli, b) Andros, c) Tinos, d) Kimolos, NAXOS LESVOS a) Lesvos, b) Limnos, c) Aghios Efstratios SAMOS a) Samos, b) Ikaria, c) Fourni - Korseon THEMISTOKLI SOFOULI & 1, GRAMMOU STREET, CHIOS a) Chios, b) Oinousses, c) Psara 66, MICHAIL LIVANOU STREET, CHIOS 821 00, DECENTRALIZED ADMINISTRATION OF AEGEAN MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE 79 111, SOKRATOUS STREET, 413 36 LARISA, ΤEL: 2413 503659, FAX: 503653. [email protected] 8-10, DODEKANISOU STREET, LIVADIA 321 00, TEL: 22610 23857, 23858, 23865, FAX: 23856. [email protected] 2, VELISSARIOU STREET, CHALKIDA 341 00, TEL: 22210 88879, FAX: 78730. [email protected] 3, NAP. ZERVA STREET, KARPENISI 361 00, TEL: 22370 80739, FAX: 80765. [email protected] 140, SARANTAPOROU STREET, KARDITSA 431 00, TEL: 24410 79826, FAX: 23645. [email protected] 95, DIMITRIADOS STREET, VOLOS 382 22, TEL: 24210 76798, FAX: 76010. [email protected] 30, KOLOKOTRONI STREET, TRIKALA 421 00, TEL: 24310 39420, FAX: 39513. [email protected] 3, MARKOU MPOTSARI STREET, LAMIA 351 00, TEL: 22310 30932-3, FAX: 30934. [email protected] 9, STALLOU STREET, 331 00 AMFISSA, TEL: 22650 22062, FAX: 22650 23815, 22062. [email protected] LOCAL COMPETENCE ADDRESS - COMMUNICATION f) Larisa, g) Kileler e) Livadia, f) Distomo-Arachova-Antikyra d) Karystos, e) Istiaia - Aidipsos, f) Mantoudi-Limni Agias Annas, g) Kymi-Aliveri, h) Skyros e) Karditsa, f) Mouzaki d) Almyros, e) South Pelion, f) Alonissos, g) Skiathos, h) Skopelos a) Amfikleia-Elateia, b) Lokroi, c) Domokos, d) Molos - Aghios Konstantinos, e) Stylida, f) Lamia, g) Makrakomi ALIENS AND IMMIGRATION VOIOTIAEVOIA a) Tanagra, b) Thiva, c) Aliartos, d) Orchomenos, EVRITANIAKARDITSA a) Chalkida, b) Dirfyon-Messapion, c) Eretria, a) Karpenisi, b) Agrafa MAGNISIA a) Argithea, b) Limni Plastira, c) Palamas, d) Sofades, TRIKALA a) Volos, b) Rigas - Feraios, c) Zagora-Mouresi, FTHIOTIDA a) Pyli, b) Farkadona, c) Trikala, d) Kalampaka FOKIDA a) Delphi, b) Dorida LARISA a) Elassona, b) Farsala, c) Agia, d) Tempi, e) Tyrnavos, SERVICE CONTACTS DECENTRALIZED ADMINISTRATION OF THESSALIA – CENTRAL GREECE 80 MIGRATION LEGAL GUIDE FOR PRACTITIONERS IN GREECE