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Entry and stay of foreigners in Greece

Schengen short-stay (A, B, C or LTV type, group) visas

Long-stay visas (Type D (national), D+C)

 

 

The current legislative framework governing the granting of transit, entry and stay visas is divided into two main categories:  short-stay and long-stay visas

 

Visas are granted by affixing a sticker uniform for all Schengen countries to a valid passport, travel document or any other official document recognised by our country. This sticker includes the following important information about the visa:

 

     -  the visas period of validity, i.e. the time period for which foreigners are allowed to use the visa,

 

      - the period of stay, i.e. the total time (number of days) for which foreigners are allowed to stay in one or more member states of the Schengen area,

 

      - the number of entries, i.e. the number of entries allowed through the Schengen areas external borders (one, two or multiple entries).

 

It should be noted that mere possession of a visa does not grant irrevocable right of entry.

 

 

Schengen short-stay visas

(A,B,C, group, and limited territorial validity (LTV) visas)

 

Short-stay visas[1] are divided into the following main categories:

 

     -  Airport transit visa (type A)

     -  Transit visa (type B)

     -  Short-stay or travel visas (type C visa)

     -  Limited territorial validity visa (LTV)

     -  Group visa

 

The Community acquis on visa matters applies fully and exclusively to all the abovementioned types of visas, given that Greece, within the framework of the European Union, is part of the single Schengen area, where the Schengen reinforced cooperation is being implemented.

 

Conditions main criteria and required documents for the issuance of a visa

 

Those who are interested in being granted a visa should, first of all, submit to the competent consular authority a completed and signed copy of the harmonised uniform-visa application form, of which a specimen is given in Annex 16 to the CCI (Council Decision 354/2002/EC), and also provide a recent photograph.

 

Those interested will also have to appear, in principle, before the competent consular official in order to support their visa application orally. The possibility of exemption from this general obligation is provided for in special cases, after consultation with the competent consular authority.

 

Part V of the Common Consular Instructions lists the minimum supporting documents required for lodging a visa application, which may be complemented by other documents depending on the local situation.

 

 

 

Long-stay visas

(National type D visas)

 

Cases of long-stay entries, for reasons that include the notion of immigration, shall be exclusively governed by the national law of the member states, according to article 18 of the Convention Implementing the Schengen agreement, as modified by Council Regulation (EC) 1091/2001 of 28 May 2001 on freedom of movement with a long-stay visa, p. 4). In such cases, visas granted by the member states (for stays exceeding three months) shall be national visas (valid in principle exclusively for the country that granted it), and shall be issued for the reasons explicitly set out by the member states national immigration policy (L. 3386/2005 and relevant interpretative provisions) under the terms and conditions and on the basis of specific supporting documents provided for in these interpretative provisions.

 

In particular:

               

The issue of entry and stay on Greek territory for reasons including the notion of immigration is determined by Law 3386/2005 on entry, stay and social integration of third country nationals on Greek territory (G.G. 212/ issue A of 23/08/2005, p. 3329, as amended and in effect today. In particular, pursuant to Article 6 par. 4 of the abovementioned Law, national visas are issued based on the relevant legislative provisions on residence permits and their length depends on the projected stay, according to each case. Furthermore, the Decision of the Minister of Foreign Affairs file no. 3497.3/550/Draft Number 4000 of 30.12.05 (G.G. 1912/B/30.12.2005, pp. 26363-70) sets out the conditions, supporting documents and the process for the issuance of national visas.

Consular authorities can grant:

A) either a National Single Entry Visa, type D, for a maximum length of ninety days and valid for three months, 

B) or a National Multiple Entry Visa, type D+C, of a maximum length of ninety days and valid for three months, also valid as a short-stay visa, provided that:

o         the conditions provided for in each case are fulfilled,

o         the applicants submit the required general and special supporting documents, which must necessarily be translated according to the requirements of each Consular Authority and authenticated with the Apostille stamp.

o         that a no hit comes up against a compulsory check on the Schengen Information System (SIS), and if no objections are raised on the part of other EU member states during the consultation procedure, where it is deemed necessary,

o         that no substantiated proof to the contrary comes up from the interview with the applicant,

o         and that the public health, public order, international relations and security of our country are not jeopardised.

On being issued a national entry visa, third country nationals must be informed that, following their arrival to Greece and definitely before the date of expiry of their entry visa, they are under the obligation (pursuant to article 11, para. 1 of Law 3386/2005) to submit a relevant application and necessary supporting documents to the Municipality or Community of their place of residence or stay, in order to be given the corresponding residence permits.[2]

A residence permit is an authorisation issued by the competent Greek authority that grants its holder a third-country national the right to legal residence in Greece;[3] it also ensures the right to re-enter our country, providing the holder with a right to free movement within the Schengen area for a period of ninety days during any half-year (article 21 of the Convention Implementing the Schengen Agreement).

The essential and necessary precondition for the issuance of a residence permit is, generally, that every applicant hold a special national visa. This precondition is valid irrespective of whether the applicants country is among the countries of Annex I (List of third countries whose nationals must be in possession of visas when crossing the external borders) or among those of Annex II (List of third countries whose nationals are exempt from that requirement) of Council Regulation (EC) 539/2001 of 15 March 2001 and the amendments included in Council Regulations (EC) 2424/2001, 453/2003[4], and more recently, Council Regulation 1932/2006.

Long-stay visas which are concurrently valid as short-stay visas

 

(Type D+C visas)

 

Under current community law, third-country nationals who have been issued a national long-stay visa (Type D) by a member state that fully applies the Schengen acquis, and are under an obligation to hold a short-stay visa, depending on their nationality, may be allowed once to transit through the territory of another member state in order to reach the country that has granted them the long-stay visa. This (type D) visa does not authorise its holder to cross the external borders or move freely within the Schengen area until they are granted a residence permit.

However, on the basis of relevant community legislation,[5]  and in order to help certain types of applicants who by the very nature of their capacity and employment are considered to fulfil the conditions of Article 5 (1) indents a, c, d, and e, of the Convention Implementing the Schengen Agreement to a great extent, and who need, following their entry to our country to move freely and without any obstacles into the single Schengen area, it is possible, as determined by the competent authorities, for the person who applies for a national visa, if they fall within certain categories, to be issued a long-stay visa that is concurrently valid as a short-stay visa (Visas type D+C).

 



[1] Short stay means entry and stay of a foreigner in the Schengen area for a period from 1 to 90 days, within a 6-month period (180 days), starting with the date of first entry into the Schengen area.

[2] With the exception of residence permits issued by the Ministry of Interior, Public Administration and Decentralisation (business executives, members of foreign archaeological schools, persons promoting investment activities, humanitarian missions, and victims of trafficking). The applications for the abovementioned case are submitted to the Ministrys competent Department of Foreigners and Immigration Issues.

[3] Council Regulation (EC) 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157 of 15/06/02, p. 1-7, article 1, para. 2, indent a).

[4] Pursuant to Article 3 of Council Regulation (EC) 539/2001 of 15/3/2001, without prejudice to obligations under the European Agreement on the Abolition of Visas for Refugees, signed at Strasbourg on 20 April 1959, recognised refugees and stateless persons: shall be subject to the visa requirement if the third country where they reside and which issued their travel document is one of the third countries listed in Annex I, or may be exempted from the visa requirement if the third country where they reside and which issued their travel document is one of the third countries listed in Annex II.

[5] Pursuant to the provisions of article 18 of the Schengen Agreement, as modified by Council Regulation (EC) 1091/2001 of 28 May 1091 on freedom of movement with a long-stay visa (OJ 150 of 6 June 2001, p. 4-5), the issuance of a long-stay visa concurrently valid as a uniform short-stay visa (Type VDC Visa) is possible.



Last updated: September 2007





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