Background information

On March 29, 2023, Law 5038, "Migration Code" of the Ministry of Migration and Asylum, was passed by the Hellenic Parliament. According to the government, the law serves as a deterrent to illegal immigration and establishes legal pathways for granting residence permits. The law includes provisions for all types of residence permits issued by the Greek authorities to third-country nationals, ensuring a more comprehensive response of migration policy to the modern needs of Greek society and the economy, as well as simplifying, enhancing transparency, efficiency, and speed in the procedures. This Code has two objectives: to codify all existing provisions after the passing of Law 4251/2014 (which is entirely repealed) and to introduce new provisions or amend existing ones to address malfunctions in specific areas. The new Code came into effect on March 31, 2024.

Content of measure

Law 5038/2023 defines the conditions for the entry and residence of third-country nationals for more than ninety (90) days in Greek territory, outlines their rights and those of their family members, as well as the procedure for issuing and renewing their permits. This Code applies to all third-country nationals entering and residing in Greece, subject to more favorable provisions provided by bilateral agreements. The new law, among other things, provides for:

• Grouping of residence permits based on a unified coding system (12 categories of residence permits). *A unified validity period – three (3) years – for the majority of types of residence permits and a common issuance procedure for related residence permits.
• A "Work Approval" process for residence permits for employment, in order to expedite the issuance of entry visas and residence permits.
• The ability to apply for all types of permits for investment purposes, as well as for the highly skilled residence permit (EU Blue Card). Incorporation of the new Directive 2021/1883/EU for the admission of third-country nationals for highly skilled employment. A five-year residence permit for seasonal work (with the possibility of multiple entries with one approval, one entry visa, and one five-year residence permit). *Automatic transition (instead of renewal) from the new ten-year residence permit to a long-term resident permit, with the only criterion being the periods of absence.

The law emphasizes the Digital Process and establishes the electronic submission of all supporting documents exclusively through a single "entry portal," with an individual electronic inbox for each applicant.

Use of measure

There is no available information regarding the implementation yet.

Target groups

Workers	Businesses	Citizens
Migrants or refugees in employment	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	No involvement	No involvement
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: N/A

Involvement

There is no involvement of social partners.

Views and reactions

There are no social partner's reactions to the measure.

Sources

• 29 March 2023: Migration Code - Law 5038/2023 (migration.gov.gr)