Significant amendments to the provisions of the Immigration Code (Law 4251/2014) are introduced by the recent Law 4540/2018 (Government Gazette A’ 91/22.05.2018), including changes concerning residence permits on the basis of a civil partnership agreement, which were previously regulated by Joint Ministerial Decision 23443/2011.
More specifically, this law amends Article 1, point (le) of Law 4251/2014, providing that “family members of a Greek citizen” now also include “the partner with whom the Greek citizen has entered into a civil partnership agreement, provided that it was concluded in Greece or before a Greek consular authority”.
Furthermore, the above law also amends Article 82 of Law 4251/2014 and provides that a partner who has entered into a civil partnership agreement (as was the case for spouses) is entitled to apply to the competent Directorate for Aliens and Immigration of the Decentralized Administration for the issuance of a Residence Card, provided that they can document their family relationship with the Greek citizen.
The civil partnership agreement acquires the same legal weight as marriage under this law, since a partner who has entered into such an agreement with a Greek citizen is entitled to obtain a Residence Card of five (5) years’ duration, in the same manner as the spouse of a Greek citizen.
It should further be emphasized that a partner in a civil partnership has the right—like a spouse—to obtain an autonomous residence permit even after the dissolution of the civil partnership, on the condition that the partnership lasted for at least three (3) years, of which at least one (1) year was spent in Greece.
With regard to pending applications, Article 18 of Law 4540/2018 provides that, from the date of its entry into force, Joint Ministerial Decision no. 23443/2011 is repealed, while applications for the granting or renewal of residence permits submitted under that Decision and still pending shall continue to be examined by the Ministry in accordance with the provisions of the new law.
It is noted that Law 4540/2018 entered into force with respect to the above matters on 22.08.2018. It should also be noted that the supporting documents required for the granting of a residence permit to a partner under a civil partnership agreement remain the same, with the difference that applications are now submitted to the competent Directorate for Aliens and Immigration of the Decentralized Administration and not to the Ministry of Interior.