In recent years, there has been a growing interest among third-country nationals in working in European Union countries, including Greece. The new Migration Code (Law 5038/2023) aimed to reform the legal framework regarding the granting of residence permits to third-country nationals. The ultimate goal was to simplify and expedite the relevant procedures while aligning migration policy with the needs of Greek society and the economy.
As a preliminary note, it must be emphasized that access to the labor market for third-country nationals is not unrestricted. On the contrary, specific conditions and limitations are stipulated regarding their ability to be hired and employed. In particular, the employment of third-country nationals who do not legally reside in Greece and do not hold a residence permit or entry visa granting them access to the labor market is strictly prohibited. Therefore, every third-country national wishing to work in Greece must possess one of the residence permits that allow dependent employment. Otherwise, employers who illegally employ individuals who are either unlawfully residing in the country or lack the appropriate residence permit are subject to various administrative and criminal penalties.
Provided that third-country nationals hold a residence permit for dependent employment, they can legally reside and work in Greece, enjoying the same rights as Greek workers concerning working conditions, remuneration, and social security. The same rights apply to third-country nationals who have submitted an application for a residence permit for dependent employment and have received a certificate of application submission under Article 10(8) of Law 5038/2023. This certificate remains valid until a decision is issued either granting or rejecting the residence permit application. It certifies that the holder resides legally in Greece and temporarily enjoys the rights associated with the residence permit being sought. Consequently, a third-country national holding this certificate can be hired and provide their services lawfully for as long as the certificate remains valid.
The new Migration Code (Law 5038/2023) establishes specific categories of residence permits granted for the purpose of dependent employment by third-country nationals. Specifically, residence permits for dependent employment fall under Category “E”, which is further divided into the following subcategories:
a) Residence Permit for Highly Skilled Employment – EU Blue Card (Residence Permit Type E.1)
b) Residence Permit within the Framework of Intra-Corporate Transfer (Residence Permit Type E.2)
c) Residence Permit for Employment with a Special Purpose (Residence Permit Type E.3)
d) Residence Permit for Employment Following Recruitment (Residence Permit Type E.4)
e) National Entry Visa for Seasonal Work (Residence Permit Type E.5)
f) Residence Permit for Seasonal Workers (Residence Permit Type E.6).
A. Residence Permit for Highly Skilled Employment – “EU Blue Card” (Residence Permit Type E.1)
To obtain this specific residence permit, a third-country national must provide a valid employment contract for highly skilled employment in Greece. The contract must meet the following conditions:
– Minimum duration:the employment contract must have a duration of at least six (6) months,
– Minimum gross annual salary: the gross annual salary, as indicated in the monthly or yearly salary specified in the contract, must not be lower than the national minimum threshold for highly skilled employment. This threshold is calculated as 1.6 times the average gross annual salary in Greece.
If the profession in question is not legally regulated, the applicant must submit documents certifying the relevant high professional qualifications related to the work to be performed. Specifically, the following must be provided:
– Higher Education Degrees: Degrees from tertiary education institutions relevant to the profession and specialization specified in the employment contract, officially certified and translated
– Alternatively, evidence of five years of professional experience at a level equivalent to a tertiary education degree and relevant to the employment specified in the contract. The five years of professional experience must be documented through employment certificates from previous employers, which should include the position held, the nature of the highly skilled work performed, and the duration of employment.
Holders of the “EU Blue Card” have access to highly skilled employment in Greece. During the first twelve (12) months of their legal employment as EU Blue Card holders, they are required to notify the Directorate of Residence Permits of the Ministry of Migration and Asylum about any change of employer or other change that may affect the fulfillment of the entry criteria. The right of the EU Blue Card holder to change employment is suspended for thirty (30) days, while the Directorate verifies that the entry conditions are met. The Directorate may oppose the change of employment if the conditions of Article 31 of Law 5078/2023 are not met within the above-mentioned thirty (30) day period. After the twelve (12) month period, the third-country national holder of the “EU Blue Card” is only required to notify the Directorate of Residence Permits of the Ministry of Migration and Asylum about a change of employer or other change that affects the fulfillment of the entry criteria under Article 31. The fulfillment of these criteria does not suspend the right of the EU Blue Card holder to take up and carry out new employment. For more details about this residence permit, you can read an extensive related article from our office here.
B. Residence Permit within the Framework of Intra-Corporate Transfer (Residence Permit Type E.2)
This residence permit is granted to third-country nationals who apply for entry and residence in Greece under an intra-corporate transfer, as managerial staff, specialized workers, or trainees. The duration of the intra-corporate transfer cannot exceed three (3) years for managerial staff and specialized workers, and one (1) year for trainees. The residence permit issued in these cases is of the same duration. After the expiration of their residence permit, intra-corporate transferees are required to leave the country. However, these individuals may apply for the granting of an “EU Blue Card” if they meet the relevant legal requirements.
C. Residence Permit for Employment Following “Recruitment through invitation process” (Residence Permit Type E.4)
This specific residence permit is granted to third-country nationals to whom the provisions regarding other types of residence permits for dependent employment do not apply. The “recruitment” process concerns the majority of third-country national workers who enter the country following an actual “invitation” from the employer, who wishes to employ them. This residence permit is valid for up to three (3) years.
D. National Entry Visa for Seasonal Work (Residence Permit Type E.5)
This entry visa is granted to third-country nationals who either reside outside the Greek territory and apply for entry and residence in Greece, or who have already been admitted to the Greek territory for seasonal work. Specifically, the third-country national can obtain one of the following categories of national entry visa:
a) National Entry Visa for Seasonal Work with a maximum validity and duration of residence of nine (9) months. The third-country national may re-enter with a corresponding visa after three (3) months have passed since the expiration of the previous entry visa.
b) National Entry Visa for Seasonal Work with a maximum validity of one (1) year, allowing residence for seasonal work for a total of nine (9) months during the validity of the visa. This is linked to the employment periods specified in the contract.
c) Uniform Short-term (Schengen) Multiple Entry Visa with a maximum validity of six (6) months and a stay of ninety (90) days for seasonal work.
These entry visas provide third-country nationals with access to the labor market exclusively for the work specified in the employment contract and for a specific employer.
E. Residence Permit for Seasonal Workers (Residence Permit Type E.6)
This residence permit is granted to third-country nationals who have entered the Greek territory based on the approval of employment by the competent One-Stop Service, which concerns one or more periods of employment, with a maximum duration of nine (9) months per twelve (12) month period, and a national entry visa for seasonal work. The duration of the residence permit issued in this case is up to five (5) years, depending on the employment contract provided by the third-country national, and grants the third-country national the right to seasonal employment and residence in Greece for up to nine (9) months per twelve (12) month period. Third-country nationals holding this residence permit are allowed to change employers and enter into a new employment contract for seasonal work. In such cases, third-country nationals are required to inform the competent One-Stop Service of the employer change and submit their new employment contract.
F. Other Categories of Residence Permits Providing Access to the Labor Market
Finally, it should be noted that in addition to the residence permits mentioned above, which are granted for the purpose of dependent employment, Law 5038/2023 also provides for certain additional categories of residence permits and although these are primarily granted for different purposes, they allow (either fully or partially) access to the labor market.
Specifically, the right to access the labor market and thus engage in lawful employment is granted, for example, to holders of the following types of residence permits:
a) Residence permit for family reunification (Residence Permit Type O.1) and Independent residence permit for family members of a third-country national (Residence Permit Type O.2), b) Residence permit for family members of a Greek citizen (Residence Permit Type O.3), c) Residence permit for exceptional reasons, etc.
*Our office has extensive experience in all matters related to immigration law and residence permits (issuance and renewal of residence permits, employee transfers, legalization of undocumented immigrants, acquisition of Greek citizenship, removal of deportations, objections to detention of foreigners, etc.). For further legal advice or to assign your case to our office, you can contact us at tel. 2313 079293 or via email at info@siopi-law.gr. Please note that, according to the Code of Lawyers, the provision of legal advice without the corresponding fee is prohibited (Article 57 of Law 4194/2013)*
Daphne I. Siopi
Lawyer LLM
52 Tsimiski Street, Thessaloniki
T. 2313 079293, 6977 568673
E. info@siopi-law.gr, dsiopi@siopi-law.gr