NEW INFORMATION: Extension of the application process deadline for UK nationals and their family members to acquire the new residence document required by the Withdrawal Agreement.
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Helpline: Ministry for Foreign Affairs: 2103684141/4160, Ministry of Citizen Protection (Citizens’ Rights): 2131520132, Ministry for Labor (Social Security): 2103368235/38, Customs: 2106987490, Ministry for Migration: 213 2128902 – 903

 

UK CITIZENS IN THE EU AND GREECE AFTER THE END OF THE TRANSITION PERIOD

The end of the transition period is here. The Greek government and public administration have worked tirelessly to prepare for the next day, in order to guarantee that the long and strong relations between the UK and Greece will continue to the best interest of both countries and, most importanty, of their citizens.

The protection of the rights of UK nationals and their family members in Greece has been a priority  since the beginning of the Brexit negotiations. It will continue to be so after 1 January 2021.

The Withdrawal Agreement guarantees that EU citizens and their family members who lived in the UK and UK nationals and their family members who lived in the EU prior to the end of the transition period retain the same rights as before after the end of the transition too: they can continue to live, study, work and travel freely between the UK and the EU after 1 January 2021.

UK nationals who live in Greece can find below information on the legal framework for the protection of their rights, information on travel and visas and a step by step guide for the application process to acquire the new residence documents provided for in the Withdrawal  Agreement. There also options for temporary and permanent stay in Greece after the end of the transition period for UK nationals who are non beneficiaries of the Withdrawal Agreement. 

TEMPORARY STAY & RESIDENCY OF UK NATIONALS IN GREECE AFTER THE END OF THE TRANSITION PERIOD

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National legal framework for the protection of Citizens’ Rights according to the Withdrawal Agreement

The Withrawal Agreement, put into force on 31 January 2020, sets out the terms of the UK’s withdrawal from the EU.

Part II, Articles 13-69 (Citizens’  Rights), defines the protection of the rights of citizens: UK nationals and family members who live, study and work in the EU and EU citizens and family members who live, study and work in the UK prior to the end of the transition period.

Greece chose not to require UK nationals to apply for a new residence status, as a precondition for legal residence in Greece (“constitutive scheme”, article 18.1 of the Withdrawal Agreement), but to follow the “declaratory scheme” (article 18.4 of the  Withdrawal Agreement) and confirm the right of UK nationals and family members already residing and wishing to remain in Greece after the end of the transition period, to apply and receive a new residence document, according to the terms of the Withdrawal Agreement and under the conditions laid down for EU citizens in the EU Free Movement Directive (Directive 2004/38/EC).

In January 2020, the Greek government adopted Law 4652/2020 (“the Brexit Law”) which allows for the full implementation at administrative level of the Withdrawal Agreement, via delegated legal acts.

Based on the Brexit Law, different line ministries have prepared or signed relevant legal instruments and circular notes that cover the full spectrum of rights of UK nationals and their family members residing in Greece.

On 19 October 2020 the Ministry of Citizen Protection and the Ministry of Migration and Asylum published a Joint Ministerial Decision (Official Gazette Issue B’ 4610/2020) that defines the process to be followed by those UK nationals and family members (UΚ and third country nationals) resident in Greece, who wish to remain in Greece after the end of the transition and wish to acquire new residence documents, issued according to the Withdrawal Agreement. You can check the Hellenic Police website and the Ministry for Migration and Asylum website for relevant information (in English).

A national inter-ministerial task force on citizens’ rights is also to be set up to monitor the implementation of the Agreement.  

The newly signed EU-UK Trade and Cooperation Agreement (TCA), which will provisionally enter into force on 1 January 2021, sets out certain rules for mobility of persons between the UK and the EU and their social security rights. Its implementation may also require the adoption of further legislative measures in the months ahead.

 

Travel, crossing borders and visa requirements for UK nationals and family members visiting EU and Greece

As of 1 January 2021, all UK nationals will be able to travel to and from Greece and the rest of the EU Schengen Area, with a valid passport, visa-free, for up to 90 days in any 180-day period, for purposes such as tourism or business. This is a rolling 180-day period.

But they must have at least 6 months left on an adult or child passport to travel to most countries in Europe. This requirement does not apply if they are entering or transiting to Greece and are in scope of the Withdrawal Agreement.

To stay for longer, work, study or for business purposes in Greece, UK nationals who are not covered by the Withdrawal Agreement will need to meet the entry requirements set out by the Greek Immigration Code. This means they might need to apply for a national visa and/or residence permit.

For further information on travelling, please check the blue box above on What You Need To Know When Travelling Between the EU and the UK  from 1 January  2021.

 

New rules for residency : two categories of UK nationals in the EU from 1 January 2021

From 1 January 2021, there will be new rules for UK nationals and family members, either UK or third country nationals, living in Greece and the EU.

These rules will apply to two categories of UK nationals and family members:

  • those not covered by the Withdrawal Agreement, who did not exercise free movement rights prior to the end of the transition period and move to the EU for residency, study or work after the end of the transition period and
  • those covered by the Withdrawal Agreement, who exercised free movement rights and lived in the EU prior to the end of the transition period (31 December 2020). 

1. UK nationals and family members not covered by the Withdrawal Agreement

If you are a UK national and you are not resident in Greece prior to the end of the transition period (you don’t fall under the personal scope of the Withdrawal Agreement), but wish to live in Greece after 1 January 2021, you need to follow the relevant rules and procedures of the Greek Immigration Code regarding  third country nationals wishing to reside in Greece (see Law 4251/2014) or the free movement legislation (see PD 106/2007).

Under these rules you may be eligible for a specific residence permit (e.g. investor permit, permit for dependent work, as an EU blue card holder, other special residency permits) for third country nationals, as provided by Greek law.

Even though entry requirements may be different, you will have options to stay in the country for more than 3 months for tourist, business purposes, study or work. You may need to acquire a national visa to be able to do so.

You may find relevant information on the websites of the Ministry of Foreign Affairs and of the Greek Embassy in London, as well as the websites of the Ministry for Migration and Asylum and Enterprise Greece (Residence Permits – Enterprise Greece – The Official Investment and Promotion Agency of the Greek State).

Please note that after the end of the transition period British citizens will be allowed to visit any EU country for tourist or business purposes, visa-free, for 90 days within an 180-day period. For longer periods of stay it is required to apply for a national visa and/or residence permit, depending on the purpose of stay.

Relevant Questions & Answers

From 1 January 2021, UK nationals who do not fall under the personal scope of and are not covered by the Withdrawal Agreement will have the same status regarding rights of residence as other third country nationals.  

They can enter and reside in Greece on the basis of the Migration Code or the Free Movement legislation.

Even though entry requirements may be different, there are still options to stay in the country for more than 3 months.  

Please note that after the end of the transition period UK nationals will be allowed to visit any EU country for tourist or business purposes, visa-free, for 90 days within an 180-day period.

For longer periods of stay it is required to apply for a national visa and/or residence permit, depending on the purpose of stay. It is not allowed to work or pursue economic activity without a national visa or a residence document.  

For more information, please consult regularly the websites of the Ministry of Foreign Affairs https://brexit.gov.gr/ –   https://www.mfa.gr/en/visas/ and   the Ministry of Migration and Asylum https://migration.gov.gr .

For persons who are not covered by the Withdrawal Agreement but own a house in Greece, a residence permit for financially independent persons or a residence permit “GOLDEN VISA” would be relevant options. 

For instance, if you are a UK national who wishes to stay in Greece for long periods of time (longer than the visa-free 90-out-of-180-days period provided for, by EU law, to UK nationals and their family members visiting the Schengen area ), without establishment, either because you own real estate, have a long-term real estate rental agreement or maintain a privately owned vessel in Greece, you may, as third-country national, have access to certain beneficial provisions of the National Migration Code (Law 4251/2014).

Given the temporary nature of your stay in Greece, you can obtain, from the Greek consular authorities a national entry visa as a financially independent person. After receiving the national visa and upon your entry in Greece, you will be able to apply for a two-year residence permit. The validity of the residence permit is not affected by temporary absences not exceeding six months a year. It is important to note that this type of national visa does not give its holder the right to any form of work.

UK nationals who reside in the country as financially independent persons may also change the purpose of their residence and be subject to an investment activity, in accordance with Law 4251/2014 (Migration Code).

Please also check the relevant information on real estate owners residency possibilities from the Migration Code at:  permits-EN-low_FEB2020_2.pdf (enterprisegreece.gov.gr).

For persons who are not covered by the Withdrawal Agreement and own a house in Greece, a residence permit for financially independent persons or a residence permit “GOLDEN VISA” would be relevant options. 

For more information, please consult regularly the websites of the Ministry of Foreign Affairs https://brexit.gov.gr/ –   https://www.mfa.gr/en/visas/ and   the Ministry of Migration and Asylum https://migration.gov.gr 

For real estate owners: 

 https://www.enterprisegreece.gov.gr/en/greece-today/living-in-greece/residence-permits, including a brief guide to residence permits for real estate owners. 

If you are a UK national who wishes to stay in Greece for long periods of time (longer than the visa-free 90-out-of-180-days period provided for, by EU law, to UK nationals and their family members visiting the Schengen area ), without establishment, either because you own real estate, have a long-term real estate rental agreement or maintain a privately owned vessel in Greece, you may, as third-country national, have access to certain beneficial provisions of the Greek Migration Code (Law 4251/2014).

Given the temporary nature of your stay in Greece, you can obtain from the Greek consular authorities a national entry visa as a financially independent person. After receiving the national visa and upon your entry in Greece, you will be able to apply for a two-year residence permit. The validity of the residence permit is not affected by temporary absences not exceeding six months a year. It is important to note that this type of national visa does not give its holder the right to any form of work.

UK nationals who reside in Greece as financially independent persons may change the purpose of their residence and be subject to the investment activity, in accordance with the above-mentioned Law.

You may find relevant information on the website of Enterprise Greece: Residence Permits – Enterprise Greece – The official investment and trade promotion agency of the Greek state.

 

 

2. UK nationals and family members covered by the Withdrawal Agreement

UK nationals who exercised their right to reside in Greece in accordance with Union law before the end of the transition period and continue to reside here thereafter, fall under the personal scope of and are beneficiaries of the Withdrawal Agreement.

If you are a UK national and you and your family members are already resident in Greece and wish to remain after the end of the transition, you are covered by the provisions of the Withdrawal Agreement for as long as you remain resident in Greece. You simply need to follow the steps below:

Application process for the new residence documents required by the Withdrawal Agreement

The application process for UK nationals and their family members to acquire the new residence document required by the Withdrawal Agreement in Greece will begin on 1st of January 2021 and will provisionally end on 30 June 2021. It has been decided that the deadline will be extended via a Joint Ministerial Decision of the Ministry of Citizen Protection and the Ministry of Migration and Asylum. Relevant announcements will be published soon at the Hellenic Police website.

Beneficiaries of the Withdrawal Agreement are UK nationals and family members who have exercised free movement rights in Greece prior to the end of the transition period and continue  thereafter, either whether they are holders of residence documents, as per Directive 2004/38/EC or not. Ιn specific cases, family members of UK nationals, who have not exercised free movement rights in Greece prior to the end of the transition period are also covered by the Withdrawal Agreement (Article 10 WA).

Τo facilitate proof of residence status under the Withdrawal Agreement, UK nationals and family members are encouraged to obtain the new residence document (biometric card).

The process to obtain this new residence document is the following:

 

Steps to acquire residency status in Greece

 

UK nationals and their UK family members, who are in possession of a Registration Certificate or a Permanent Residence Permit:

For a full list of supporting documents please check the Hellenic Police website.

You can also request information from the Aliens’ Department of the police station of your place of residence or send an email to: ad_omg.bu1@astynomia.gr.

You may also call the Ministry for Citizen Protection Brexit Helpline at 213 152 0132.

UK nationals’ family members who are third country (non-UK) nationals and MAY OR MAY NOT BE in possession of a Registration Certificate of a Permanent Residence Permit :

  1. A valid passport or travel document
  2. Residence card or residence permit
  3. Four passport photos
  4. Evidence of familiar ties with a UK national beneficiary of the Withdrawal Agreement
  5. /copies of all pages of the passport
  6. Fee for the issuance of the new residence permit (16 euros).

You can also request more information by sending an email to: info_brexit@migration.gov.gr.

UK nationals and their UK family members who are NOT in possession of a Registration Certificate or a Permanent Residence Permit:

For a full list of supporting documents please check the Hellenic Police website.

You can also request information from the Aliens’ Department of the police station of your place of residence or send an email to: ad_omg.bu1@astynomia.gr.

You may also call the Ministry of Citizen Protection Brexit helpline at 213 152 0132.

You may submit your application from 1 January 2021 until 30 June 2021.

Proceed with all supporting documents to submit your application for the new residence document (new biometric ID card) to the relevant competent authorities.

The competent authorities for issuing residence documents to UK nationals and their family members in Greece are the following:

For UK nationals and UK family members:

(a) the Aliens’ Directorate of the Greek Police in the areas of Attica and Thessaloniki (i.e. beneficiaries should address their applications to the local police station of their place of residence). For a list of competent police stations in Attica and Thessaloniki, please check the Hellenic Police website.

(b) regional police authorities (Security Sub-directorates or Security Departments) that handle aliens’ matters at the headquarters of the Police Directorates of the General Regional Police Directorates of Greece for the residents in the area of ​​jurisdiction of the aforementioned Police Directorates. For a list of competent regional police authorities, check the Hellenic Police website.

For UK nationals’ family members who are third country nationals (non-UK and non-EU):

The competent one-stop authorities of the Directorates of Aliens and Migration of the Decentralized Administrations of Greece, in whose territorial jurisdiction the applicants reside. A letter of invitation for registration will be sent out to all third country nationals, family members of UK nationals, already holders of registration documents prior to the end o the transition period. 

After submitting your application and upon its approval, you will receive the certificate of submission of the supporting documents (acknowledgment of receipt).

Keep this, as it will be necessary when you cross borders, for fingerprinting for the new biometric card and in case you need to address to public authorities, for certain services (e.g. social security and health insurance issues, etc.) for the entire waiting period needed for the print of the residence document.

This step applies only for the procedures of the Ministry for Citizen Protection.

Once the application is processed, eligible for residency UK nationals and family members (UK and third country nationals) will be directed by the authorities to proceed at the competent fingerprinting authorities (Aliens’ Departments or passport offices) or decentralized administration office (family members third country nationals) for fingerprinting.

Eligible for residency UK nationals and family members (UK and third country nationals) will acquire their new biometric permit after submitting fingerprints and once it is printed.

If you are eligible for permanent residence (you have completed five years of continuous and lawful residence in Greece) you will receive a biometric residence permit valid for ten (10) years, renewable.

If you are not eligible for permanent residence (you have not completed five years of continuous and lawful residence in Greece), you will receive a biometric permit valid for five (5) years, renewable. Once you complete the five-year threshold for permanent residency, you might if you wish return to the competent police authorities and request a renewal of your biometric permit which will then be valid for ten (10) years.

The new biometric residence permits will mention the right of permanent residence of the holder.

You will just need to proceed to the competent police authorities (UK nationals and UK family members) or decentralized administrations (third-country family members) of your place of residence, submit the application for renewal and give new fingerprints.

 If any changes to the above transpire by the time of renewal you will be notified by the competent authorities.

UK nationals and family members temporarily absent from Greece at the end of the transition period are still considered lawfully resident and protected by the Agreement. If, for example, you are non-permanent resident in Greece, leave Greece in December 2020 and return in May 2021, you will not violate the requirement of continuity of residence (Article 11, Withdrawal Agreement).

UK nationals and family members who do not yet have right of permanent residence, but wish to remain eligible for permanent residency, can be absent from Greece for a maximum of six (6) months per year.

UK nationals and family members who have permanent residence rights cannot lose them, unless they are absent from Greece for five consecutive years.

The Hellenic Police will provide necessary assistance to UK nationals who reside in Greece and are pensioners, disabled, living in remote areas or who have mobility difficulties to apply for the new biometric residence card.

The services available for people who need this additional support, depending on the age, health and possible disability, may include:

  • answering questions about residency applications and documents required
  • guiding individuals through the process and on completing the paperwork
  • supporting people facing language barriers or difficulty accessing technology
  • supporting the application process via house visits for signature or fingerprinting, where necessary and appropriate.

 

Other Issues

Health and Medical Coverage (public health institutions): UK nationals in Greece

Please check the relevant Notification of EOPYY for services provided from 1 January 2021 onwards to UK nationals and family members, holders of EHIC CRA UK and S1 UK here.

More information to follow soon.

Social security: UK nationals in Greece

More information to follow soon.

Driving: UK nationals in Greece

In accordance with Article 25 of Law 4850/2021, which amended the provisions of Article 94 of Law 2696/1999 (Greek Road Traffic Code), all holders of a valid UK driving license, residing permanently or temporarily in Greece, are able to drive in Greece without any restrictions.

Voting: UK nationals in Greece

UK nationals will not be able to vote for the local municipal elections in Greece after 1 January 2021.

Other General Questions and Answers

Provisions of the Withdrawal Agreement for Citizens’ Rights

The Withdrawal Agreement guarantees these citizens and their family members broadly the same rights as they have now: they can continue to live, study, work and travel freely between the UK and the EU.

The same applies to any EU citizen who moves to the UK or UK nationals who move to an EU Member State during the transition period.

The Withdrawal Agreement protects those EU citizens residing in the United Kingdom, and UK nationals residing in one of the 27 EU Member States at the end of the transition period.

It also protects the family members that are granted rights under EU law (such as current spouses and registered partners, parents, grandparents, children, grandchildren and a person in an existing durable relationship) to join their family member in the future.

Children will be protected by the Withdrawal Agreement, wherever they are born, before or after the United Kingdom’s withdrawal from the EU, or whether they are born inside or outside the host state where the EU citizen or the UK national resides.

The only exception foreseen concerns children born after the United Kingdom’s withdrawal and for which a parent not covered by the Withdrawal Agreement has sole custody under the applicable family law.

The Withdrawal Agreement protects all those EU citizens who, at the end of the transition period, were in a situation involving both the United Kingdom and a Member State at a time. Their family members and their survivors are also protected.

The substantive conditions of residence are, and will remain, the same as those under current EU law on free movement.

In essence, EU citizens and UK nationals meet these conditions if they:

  •  are workers or self-employed;
  • have sufficient resources and sickness insurance;
  • are family members of another person who meets these conditions;
  • have already acquired the right of permanent residence and are therefore no longer subject to any conditions.

The Withdrawal Agreement does not require physical presence in the host state at the end of the transition period – temporary absences that do not affect the right of residence and longer absences that do not affect the right of permanent residence are accepted.

Those protected by the Withdrawal Agreement who have not yet acquired permanent residence rights – if they have not lived in the host state for at least five years – will be fully protected by the Withdrawal Agreement, and will be able to continue residing in the host state and acquire permanent residence rights in the host state also after the United Kingdom’s withdrawal from the EU.

EU citizens and UK nationals arriving in the host state during the transition period will enjoy the same rights and obligations under the Withdrawal Agreement as those who arrived in the host state before 1 February 2020 .

The European Commission has published a table with information on what each EU member-state intends to do to protect the rights of UK nationals and their family members residing in their territory according to the provisions of the Withdrawal Agreement (WA). The table can be found in this link: https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/eu-uk-withdrawal-agreement/implementing-withdrawal-agreement/citizens-rights_en#uk-nationals-residence-rights-in-the-eu27 .

The table indicates:

  • the scheme each EU member-state has chosen in order to guarantee UK nationals’ and their family members’ rights in its territory, by referring either to Article 18(1) (constitutive scheme) or to article18(4) (declaratory scheme) of the Withdrawal Agreement,
  • the application deadline in constitutive schemes
  • the links to national information websites

The European Commission has also published a Guidance Note on the proper implementation of Part Two (‘Citizens’ Rights’) of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The Guidance Note provides important information on how Part Two of the Agreement must be implemented and can be found in the following link (in english):  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.C_.2020.173.01.0001.01.FRA&toc=OJ%3AC%3A2020%3A173%3ATOC

As regards the residency rights of UK nationals and their family members in the Greek territory, Greece will follow the procedure foreseen in Article 18, par. 4, of the Withdrawal Agreement (declaratory scheme). This means that Greece will not require UK nationals, their family members and other persons residing in its territory according to the conditions set out in the Withdrawal Agreement, to establish (constitute) a new residence status in order to acquire legal residence (as per Article 18(1) WA – constitutive scheme). However, those eligible for residency rights in Greece under the WA will have the right to receive, according to the process and conditions set out in Directive 2004/38/EC, a new residence document, stating that it was issued in accordance with the terms of the Withdrawal Agreement. 

A Joint Ministerial Decree, based on article 10 of Law 4652/2020, as amended by article 62 of Law 4686/2020, is currently being drafted along these lines. The Decree will facilitate the implementation of Part Two (Citizens’ Rights), especially art. 18(4), of the Withdrawal Agreement. It will include the process that will be followed for issuing residence documents to UK nationals and their family members who wish to continue to reside in Greece after the end of the transition period, e.g. the competent authorities that will issue the residence documents, the date from which a beneficiary of the WA can apply for the new residence document and other relevant details for this purpose.

 

Third county nationals, family members of UK citizens who have been issued or will be issued a residence card under EU free movement law before the end of the transition period will have to apply for a new residence permit, according to the provisions of the Withdrawal Agreement.

More information regarding the procedure to be followed will be published soon. 

In view of Brexit, the EU and its 27 Member States have reviewed the Visa Regulation. The revision (see Regulation 592/2019) provides for the inclusion of the United Kingdom, after its withdrawal from the EU, in the list of countries that enjoy a visa free regime in the EU, for short-term stays and visits. This will allow British citizens to visit any EU country for tourist or business purposes, visa-free, for 90 days within an 180-day period.

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