After a two-year-long delay, the interior ministry has issued a circular outlining the residence rights and obligations of non-European Union citizens who are the spouses, children or other dependent family members of EU citizens living in Greece. The 33-page circular is aimed at bringing order to the chaos that for years has hounded these immigrants' residence application and renewal process.
The rules are based on a European Union directive (2004/38/EC) that came into force across the EU in April 2006. As outlined in the circular, these family members may include the spouses and children under 21 and/or other dependent relatives of all EU citizens, including citizens of Norway, Iceland, Switzerland and Liechtenstein.
Any other dependants or members of the household, such as grandparents, are subject to the residence application requirements that apply to other non-EU nationals outlined in Greece's immigration law 3386/2005.
The only difference is that their application for a residence permit will be given special priority. According to the circular, "partners" with whom the EU citizen has a proven relationship that can be duly attested may also benefit from this "facilitated" route to residence.
Same-sex partners who are registered as such in other EU member states like the United Kingdom, the Netherlands, Belgium and Spain, however, are not considered family under the provisions outlined in the circular. This means that gay and lesbian couples legally recognised as such in other EU member states, despite pressure from Brussels, have no rights as a family in Greece.
In 2006, European Commission Vice-President Franco Frattini warned EU member states about discriminating against same-sex couples. He even threatened to subject EU member states that do not eliminate all forms of discrimination against homosexuals - including the refusal to approve marriage and unions/partnerships between same-sex couples - to sanctions and eventual expulsion from the EU.
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As outlined in the circular, non-EU nationals married to European Union nationals residing in Greece are eligible for permanent residence after five years of legal stay in Greece. This is good news for thousands of American, Australian, Canadian, Russian, Albanian and other non-EU expats married to Britons, Germans and other EU citizens residing in Greece. This also applies to the children of the non-EU spouse.
The non-EU family members who wish to secure permanent residence must show they are employed, self-employed or that they have sufficient resources for themselves and their family members not to become a burden on Greece's welfare system. They should also have health insurance coverage.
The application requirements for permanent residence include a photocopy of the non-EU national's residence permit, a certified photocopy of the EU family member's permanent residence permit or his/her death certificate, and a recent document verifying the non-EU family member's relation to the EU national. The application must be filed three months before the expiration of the initial five-year permit. If it is not, the applicant may be subject to a 150 euro fine.
The permanent residence is renewable automatically every 10 years. All that is needed is an application. It is also free. Other non-EU immigrants are required to pay a non-refundable application fee of 900 euros.
Rights and obligations
Non-EU immigrant family members of EU citizens residing in Greece have the right to work or create their own employment here. They also have the same rights as EU citizens.
These non-EU family members, however, are obliged to notify the authorities within one month if they move or if there is any change in their personal or fam
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