Author
According to Article 144 para. 1 L. 5038/2023 (Immigration Code), which entered into force on 31 March 2024,[1] third-country nationals are eligible for long-term residence if they have resided in Greece lawfully for five consecutive years before the application is filed. For beneficiaries of international protection, the calculation of the five-year residence period includes half of the period between the lodging of the asylum application and status recognition, or the full period if the asylum procedure exceeded 18 months.[2] Periods of absence are not taken into account for the determination of the five-year period, provided that they do not exceed six consecutive months and 10 months in total, within the five-year period.[3] A €150 fee is also required.[4]
To be granted long-term resident status, beneficiaries of international protection must also fulfil the following conditions:[5]
- Have sufficient income to cover their needs and the needs of their family, which 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 10% for all the sponsored family members, also taking into account any amounts from regular unemployment benefits. The contributions of family members are also taken into account for the calculation of the income;
- Have full health insurance, granting all the benefits provided for the equivalent category of insured Greek nationals, which also covers their family members;
- Fulfil conditions indicating their integration into Greek society, such as “good knowledge of the Greek language, knowledge of elements of the Greek history and Greek civilisation”[6] or legal residence in Greece for twelve (12) years.[7]
The submission of application for the initial issuance of long-term residence permits and for the renewal of long-term residence permits can only be made electronically, through the special website of the Ministry of Migration and Asylum.[8]
Upon receipt of the long-term residence permit, the beneficiary of international protection shall return the residence permit of a beneficiary of international protection, which shall be forwarded to the Asylum Service and shall automatically cease to be valid.[9]
According to the guidelines of the Directorate of Legal Support, Asylum and Reception of the Ministry of Migration and Asylum issued on 16 December 2024, the competent Office cancels the residence permit (ADET), which is placed in the beneficiary’s file. The beneficiary of international protection who holds a long-term residence permit shall not be entitled either to hold an international protection residence permit or to apply for its renewal. In the event that the Asylum Service is informed that a beneficiary of international protection is in possession of two residence permits, it shall ask them to hand over the international protection residence permit immediately, which is subsequently cancelled.[10]
In accordance with Article 148(1)(g) L. 5038/2023 a long-term resident shall not be entitled to retain the long-term resident status if the application for renewal of international protection status is withdrawn or rejected on the grounds of Articles 13(3) Article 18(3) L. 4939/2022.
However, contra legem, according to the above-mentioned guidelines, applications for the renewal of an international protection residence permits submitted by holders of a long-term residence permits, according to Article 23 of Law 4939/22, is not examined on the merits. Instead, it is placed on the beneficiaries’ files and a written confirmation reply is given to them. Furthermore, if the beneficiaries of international protection have applied for the initial issuance or renewal of a long-term residence permit and is in possession of a certificate of filing of the application, they shall not be entitled to hold at the same time, an international protection residence permit or to apply for its renewal.[11]
In case of revocation or loss of the long-term resident status of a beneficiary of international protection, the Asylum Service is informed in order to reissue the international protection residence permit.[12]
According to the aforementioned guidelines, in the event that the beneficiaries lose their long-term resident status, then, if they retain their international protection status, they shall be entitled to be granted an international protection residence permit again. In this case, the factual delay in submitting an application for renewal of an international protection residence permit will not lead to the imposition of the fine, which is provided for in par. 1 of Article 23 of Law 4939/22.[13]
The guidelines resolved the issue that had arisen with regard to the travel documents of beneficiaries of international protection granted long-term resident status and which had also been raised in previous AIDA reports.[14] In particular, it is clarified that given that there is no prohibitive provision in the Asylum Code or in JMD 10302/20, a beneficiary of international protection who holds a long-term residence permit is entitled to hold a travel document issued by the Asylum Service, as well as to apply for its renewal, provided that the legal conditions are met.[15]
The control of the international protection status (Articles 13 and 18 L. 4939/22) should be carried out by the Asylum Service during the examination of the application for renewal of the travel document. Otherwise, the control as to the maintenance of the international protection status must be carried out every three (3) years, from the date of the cancellation of the international protection residence permit.[16]
It is stressed that at a meeting of the Council’s permanent representatives committee, EU member states agreed their negotiating mandate for updating the EU long-term residents Directive. This Directive sets out the conditions under which third-country nationals can acquire EU long-term resident status. In accordance with the Council position, third-country nationals can cumulate residence periods of up to two years in other member states in order to meet the requirements of the five-year residence period. However, in the event of an applicant having resided in another member state, the Council has decided to accept only certain types of legal residence permits, such as the EU Blue Cards or residence permits issued for the purpose of highly qualified employment.[17]
Pursuant to Article 36 of Law 5275/2026, which entered into force in February 2026 amending Article 148 of the Migration Code, long-term residence status is revoked or lost where:
- It is proven that the status holder has fraudulently obtained the status;
- A return decision has been issued against him or her, in accordance with Article 150;
- The status holder has been absent from the territory of the European Union for a period of twelve (12) consecutive months or longer;
- The status holder poses a threat to public order, taking into account the seriousness of the offenses committed, even if such a threat does not constitute grounds for return within the meaning of Article 150;
- The status holder has acquired long-term resident status in another Member State of the European Union, in the context of exercising the right of residence in other Member States pursuant to Directive 2003/109/EC;
- It is proven, by any means, that they have been absent from the territory of Greece for a period exceeding six (6) years;
- the international protection status has been revoked or not renewed, in accordance with paragraph 3 of Article 13 and paragraph 3 of Article 18 of Law 4939/2022 (A’ 111). The Asylum Service shall notify the Secretary of the competent Decentralized Administration in the event of revocation or non-renewal of the international protection status of a holder of a long-term residence permit.
[1] Article 179 L. 5038/2023 (Immigration Code).
[2] Article 144(2), subparagraph b L. 5038/2023.
[3] Article 144(3) L. 5038/2023.
[4] Ministry of Migration and Asylum, Long Term Residence Permits (Law 5038/2023), available in Greek here.
[5] Article 144(1) L. 5038/2023.
[6] Article 145(2)(a) L. 5038/2023.
[7] Article 145(2)(c) L. 5038/2023.
[8] Ministry of Migration and Asylum, Apply on-line to renew your residence permit, available at: https://bit.ly/3JzsSvp.
[9] Article 145(3) L. 5038/2023.
[10] Ministry of Migration and Asylum, Directorate of Legal Support, Asylum and Reception, Guidelines on the application of the legislative framework in the case of acquisition of long-term resident status by a beneficiary of international protection status, prot. no. 301174, 16.December 2024, p. 3, available in greek here.
[11] Ministry of Migration and Asylum, Directorate of Legal Support, Asylum and Reception, Guidelines on the application of the legislative framework in the case of acquisition of long-term resident status by a beneficiary of international protection status, prot. no. 301174, 16 December2024, pp. 3-4, available in greek here.
[12] Article 148(3) L. 5038/2023.
[13] Ministry of Migration and Asylum, Directorate of Legal Support, Asylum and Reception, Guidelines on the application of the legislative framework in the case of acquisition of long-term resident status by a beneficiary of international protection status, prot. no. 301174, 16.12.2024, p. 4, available in Greek here.
[15] Ibid.
[16] Ibid.
[17] European Council, Council of European Union, Third-country nationals: EU updates rules for long-term resident status, Press release, 23 November 2023, available at: https://bit.ly/3UfJzRo.