According to Article 193 of Law 5078/2023, it is now possible to obtain a residence permit for migrants who have been staying illegally in Greece for a period exceeding three years (IMPORTANT: the deadline for submitting applications for this category of residence permit expires on December 31, 2024 !!!).
Furthermore, on January 22, 2024, the Circular of the Ministry of Migration and Asylum was published, clarifying the provisions of Article 193 of Law 5078/2023 and describing in detail the conditions for granting this new special category of residence permit and providing some examples.
Specifically, according to the Circular, Article 193 of Law 5078/2023 constitutes a separate regulation of immigration law, which establishes an ad hoc procedure for granting a residence permit, providing access to dependent employment as well as the provision of services or work to third-country nationals, who:
a) have a job offer declaration from an employer in Greece for their employment under dependent employment or for the provision of services or work,
b) resided in Greece until November 30, 2023, without a residence permit, and continue to reside in Greece, and
c) have completed at least three (3) continuous years of residence in Greece before submitting the application, according to documents of certified chronology,
d) have a valid travel document recognized by the authorities of the Hellenic Republic in accordance with the provisions of Article 6 of Law 4251/2014. If the applicant does not have a valid travel document, they submit a travel document that has expired or another document containing a photograph, through which their identification and the verification of the accuracy of their personal details can be carried out,
e) do not pose a threat to public order.
In the category of third-country nationals covered by the provisions of this article, the following are included indicatively (and not exhaustively):
a) Third-country nationals who entered Greece legally and obtained a residence permit but at some point lost their legal residency status and continue to reside illegally in Greece,
b) Third-country nationals who entered Greece legally but, after the expiration of their (national or uniform) entry visa, remained and continue to reside illegally in Greece,
c) Third-country nationals who entered Greek territory without following legal procedures and remained and continue to reside illegally in Greece.
d) Third-country nationals who, while being illegal in Greece, have been legalized according to the provisions of Article 19 of Law 4251/2014, but the renewal of their residence permit was not possible,
e) Third-country nationals whose application for the issuance or renewal of a residence permit has been rejected, have pursued judicial remedies, and have obtained a special certificate of legal residence, which, whether expired or valid, under the condition that the third-country national waives the special certificate of legal residence during the application process, as well as the judicial remedies,
f) Third-country nationals who have applied for international protection and have received rejection at first and/or second instance, and
g) Third-country nationals who have applied for international protection, and it is pending, either at first or second instance, under the condition that the third-country national submits, additionally, a copy of the withdrawal of the request for international protection.
Important!!!
Applications for residence permits must be submitted before December 31, 2024! After this date, the provisions of Article 193 of Law 5078/2023 will no longer be valid!
Applicants are obliged, within sixty (60) days from the date of submission of the application according to Article 193 of Law 5078/2023, to submit to the competent authority of the Decentralized Administration written documentary evidence of the commencement of their employment.
The provisions of Article 193 of Law 5078/2023 provide the opportunity for third-country nationals who have applied for a residence permit for exceptional reasons to submit a new application to change category to a residence permit according to Article 193.
This category of residence permit is granted for a period of three (3) years. After the expiry of the permit, the holder may apply for another category of residence permit according to Article 12 of Law No. 5038/2023. It is important to note that, according to the reform, the legalization of the spouse of the applicant and their minor children is possible.
Due to the particularities of immigration law, as well as the limited duration of validity of this specific legislative provision, we recommend that you seek advice from a lawyer experienced in this field.
Contact us to receive specialized legal advice. We will evaluate your case, analyze your documents, and provide you with full support to obtain a residence permit in Greece.