PRACTICAL GUIDE FOR BULGARIAN IMMIGRANTS IN GREECE
The Practical Guide for immigrants contains two basic Circular Letters related to Bulgarian immigrants that describe analytically all steps that must be followed by the immigrants for their free circulation and the acquisition of a permit for staying and work.
- Circular letter for the implementation of the transitional regulation that concern free circulation of workers from Bulgaria and Romania (No 30269-9/2/07)
- Circular letter for the entrance in the EU of Bulgaria and Romania. Transitional regulations for the free circulation of workers, citizens of Bulgaria and Romania (No: 5515/07- 13/03/2007).
- Sample of an application for a staying and working permit.
CIRCULAR LETTER (NO: 30269- 9/02/07)
SUBJECT: Circular Letter for the implementation of the transitional regulation that concern free circulation of workers from Bulgaria and Romania
As it is well known, from 1/12007 are on force the Agreements of accession in the European Union of two new member states, Bulgaria and Romania. The citizens of the above countries are considered European Union’s citizens for all sectors except from the access to the work force for which Greece has retained the transitional regulations for two years (for start).
A. All those that want to enter Greece for work after the above date will go under the Law 3386/05. It is clarified that the specific regulation concerns the permits for staying as they are described in section A (working permit) of paragraph 2 of article 9 of Law 3386/ 2005. From this, it is excluded the staying permit that concerns temporal moving for providing services, as the citizens of the new member states that will enter Greece temporally for providing services will be considered citizens of EU.
With the above circular letter will be regulated all topics related to the entrance to the status of the EU citizen of Bulgarians and Romanians citizens that live and work in Greece. More specifically:
B. The holders of staying permits for work and for independent services or work in force or holders of certificates type A during the date of accession, from which it is proved that the holders have stayed at least 12 months for work in Greece, will go to the responsible police authorities and by presenting the permit of staying or the certificate type A or both of them, will receive permit of residence as a EU citizen.
We must note that are enlisted in the status of the EU citizen all citizens of the two countries that their permits of staying have expired after 1/1/2007 and haven’t been renewed due to the unprompted issue of this circular letter, and will go to the responsible police stations normally for the submission of an application for issuing a permit of staying as a EU citizen.
C. All those that participate legally to the labor market of the country for a period less than 12 months are not enlisted at the status of EU citizen as far as labor is concerned. Their integration to this status will be realized with the completion of 12 months of residence for labor or independent services or work and will be proved following the same procedure that is foreseen for case B.
D. The wives of Bulgarian and Romanian workers, whatever their nationality as well as the children under 21 years old, that live legally with them at the date of accession, have immediate access to the labor market, if the person that feeds them, acquires, according to the above mentioned procedures, the status of the EU citizen, as far as the labor is concerned. This means that:
- If these are citizens of third countries except from EU, will be depended under the regulations of the articles 61 till 64 of Law 3386/2005
- If these are Bulgarians or Romanians citizens that work according to the law on force for the depended labor of citizens of EU, presenting to the responsible authorities apart from the other required documents, the permit of staying of EU citizen of their husband/wife.
The citizens of these two countries that are members of a Greek citizen family, as this is foreseen on paragraph 2 of article 62 of Law 3386/2005 acquire immediate access to the labor market by presenting to the responsible authorities apart from the other documents, the permit of staying from which it is proved that they are members of a Greek citizen’s family.
E. The wives of Bulgarian or Romanian workers, whatever their nationality and their children under 21 and the persons that depend on them, that enter Greece and stay legally with them, after the date of accession will have access to the labor market, when they will complete 18 months of staying in the country or from the 3rd year after the date of accession if this date is previous.
F. The access of Bulgarian citizens to seasonal work during the transitional period will continue to be conditioned under the regulations of the Bilateral Agreement (law 2407/1996) and of article 16 of law 3386/05.
G. The citizens of Bulgaria and Romanian, that at the date of accession will hold permits of staying, that are described at point C (permits of staying for special reasons) and point D (permits of staying for exceptional reasons) of paragraph 2 of article 9 of Law 3386/2005 will not be considered EU citizens as far as the immediate access to the labor market of the country is concerned. These permits are issued mainly for other reasons (e.g. Humanitarian reasons, studies, public interest) and not with main target to give to the citizen of the third country immediate access to depended labor and as a result based on these, it is not proved the 12 months legal access to the labor market of the country.
THE GENERAL SECRETARY
CIRCULAR LETTER 22 (NO: 5515/07-13/03/2007)
Circular letter for the entrance in the EU of Bulgaria and Romania.
Transitional regulations for the free circulation of workers, citizens of Bulgaria and Romania
Following the Circular Letter No 30269/09-02-2007 of the Ministry of labor and Social protection, concerning the implementation of the transitional regulations of the Agreements of Accession related to the free circulation of workers from Bulgaria and Romania, we are providing you with the following clarifications concerning the procedure of transition to the status of the citizen of an EU member state of the above mentioned countries that live legally to Greece.
As it is well known, from January 1rst 2007, Bulgaria and Romania constitute the new member states of the EU. With the Agreements of Accession of the above countries of EU, is given the possibility to the member states to retain their temporal inclinations from the Community Vested, as far as the right of free circulation of the workers citizens of the two new members, is concerned. Greece is one of the countries that will use this possibility, implementing for a two years period, for start, her national legislation for the entrance and staying of Bulgarian and Romanian citizens, who enter, after 1.1.2007, aiming to work.
For the citizens of the new member states that wish to enter Greece either for independent economic activities or as students, pensioners etc. either for simple residence without working, are implemented the community regulations that concern the right for free circulation and residence, as these have been integrated in the Greek legislation and are implemented until nowadays to the community citizens.
Therefore for every citizen of the above countries, that enters Greece after 01/01/07 and wishes to stay for a period greater than 90 days, for one of the above mentioned reasons, will have to address the local authorities of the National Police for issuing permits of staying.
Specifically, providing services or work is considered a salaried work and there is no legal frame for the entrance of an alien for similar activity but the field of implementation of this relative regulation (article 15, paragraph 5, law 3386/05) is exhausted at the stage of renewing the permit of residence.
Because of the above, we are providing you of some supplementary clarifications for the prerequisites and the procedure for entering to the status of the EU citizen for the Bulgarian and Romanian citizens that live legally in Greece.
- Renewal of staying permits that are about to expire or have expired on 01/01/2007.
The citizens of Bulgaria and Romania that are holders of permits of staying and working that have expired or are about to expire after 01/01/2007, without taking into account if they have submitted applications for renewal of their permit of staying, will address the responsible police authorities for issuing their permits of staying, presenting the related permit of staying, only if from this category of permit, it is proved that they have stayed in Greece for labor for at least 12 months.
- Renewal of staying permits that have expired till 31/12/2006.
The citizens from Bulgaria and Romania, holders of permits of staying for work, that have expired till 31/12/2006, that have submitted timely the application for their renewal and are holders of certificates for submitting all requirements (type A), will also address the responsible police authorities for issuing permits of staying, by presenting the relative permit of staying and the confirmation for submitting all requirements (type A).
- Applications in suspense for renewal of staying permits that have expired till 31/12/2006 with missing documentation or after the deadline and have received a receipt for submitting their request, they must do the relative activities, according to the new law (e.g. buying revenue stamps or paying a fine) according to the directions that will be given, so as later on to receive the relative certificate of submitting all the requirements (type A) and to address in continuation, the relative police authorities for issuing staying permits of a community citizen.
Also, by the same way must be confronted the cases of the family members of the above, who have received a certificate of submitting either due to missing revenue stamps or due to out of date submission from the person that are depended on, after the fulfillment of these requirements or due to missing available resources.
At the cases of the citizens from Bulgaria and Romania, that their permit of staying has expired after 01/01/2007, and have submitted an application with a fee for its renewal, whatever the date of submission of the application, this will be returned, if they present a permit of staying from the police authorities and according to the procedure that is described to no 1080309/5663-19/0016/29.9.2006 document of the Ministry of Economy and Economics, which has been transmitted with our document of 20400/1.11.2006.
For the applications that concern the renewal of the permits of staying after 31.12.2006, the fee will not be returned, because this is the prerequisite for the legal staying of the alien after the date of accession.
We must note that in all cases from now on a Bulgarian or Romanian citizen must submit a relative application for issuing a permit of staying according to the regulations of law 3386/05 because it doesn't fulfill the prerequisites that are required for being treated as a community citizen, the application will be accompanied by the relative fee, if the category of his permit is depended to the submission of the fee.
- Renewal of permits of staying of article 91, paragraph 11 of law 3386/05
The citizens of Bulgaria and Romania are holders of staying permits of article 91, paragraph 11 of law 3386/05 or a certificate that they have submitted an application for issuing a relative permit, only if they wish to have a salaried work, they will have to submit a application for renewal to the local municipality of their residence according to our document no 18875/27.9.2006.
- Family Members
The members of the family of citizens from Bulgaria and Romania that stay legally in Greece with a permit of staying for family reunion and are citizens of the above countries will receive in percentage with the person they are depended on a permit of staying community citizen, if they fulfill the above prerequisites.
In contrast, the members of the families of the above that are citizens of third countries will renew their permit of residence, if the person they are depended on will receive the permit of residence of a community citizen, according to the regulations 61 till 64 of law 3386/05.
- Holders of staying permits for exceptional reasons
The citizens of Bulgaria and Romania that are holders of permits of staying for exceptional reasons according to article 44, paragraph 2 of law 3386/05, if the reasons for which they have received this permit exist no more during the transitional period of two years, will have to submit a renewal petition to the relevant municipality of their residence according to the regulations of the law 3386/05.
The citizens of Bulgaria and Romania that are holders of permits of staying for public utility (article 45 law 3386/05) or permits of staying as victims of human trafficking (articles 46-52 law 3386/05), if they wish during the two years transitional period to do salaried work, according to the above regulations, they will continue to receive a permit of staying as citizens of third countries from the Ministry of Interior Affairs, Public Administration and Decentralization.
- Holders of staying permits for special reasons
The citizens of Bulgaria and Romania that are holders of permits of staying for special reasons (articles 28 till 43 of law 3386/05) only if their permit of staying has expired or is about to expire after 01.01.2007 are considered citizens of a member state of EU and will receive permits of staying of a community citizen from the relative police authorities.
- Administration of applications submitted by Bulgarian and Romanian citizens
According to the above mentioned, all employees of the responsible authorities of the municipalities as well as of the regions of the country, are requested to inform immediately the citizens from Bulgaria and Romania who have submitted according to the above, relative applications, in order to address the responsible authorities of the Ministry of Public Order. Specifically, they will have to inform in written the persons concerned for the procedure that must be followed, emphasizing that their request will not be examined. Also, they must be informed in written all citizens from Romania and Bulgaria that have requested an approval for receiving a special permit for entering of their family members, whatever their nationality, that this application will not be examined due to the accession of their country to EU and the members of their families can enter Greece without the entrance permit according to all that have been mentioned on chapter e of No 30269/09.02.07 circular letter of the Ministry of Labor and Social protection.
Specifically, all citizens from Romania and Bulgaria that hold a valid permit of staying issued according to the regulations of law 3386/2005 and wish to receive a permit of staying of a community citizen before the expiration of the above permit (e.g. Because the permit of staying for depended work till 1.3.2008 and wishes to do independent economic activity and only if from the previous permits of staying it is proved the fulfillment of the requested prerequisites according to the Agreement of Accession (12 months of staying aiming to work), can address the responsible police stations, which must inform the local Addresses of Aliens and Immigrants of the Regions so as to recall the relevant permit of staying of law 3386/05.
THE GENERAL SECRETARY