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A brief guide to Residence Permits for real estate owners in Greece

By 31/03/2015 No Comments

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The government of Greece instated a procedure to obtain permanent residence permits, which can be renewed every five years, for owners of real estate by third-country citizens, the value of which exceeds €250.000, adopting a friendlier stance towards those who wish to own real estate property in Greece. This guide provides information on the preconditions, the process and the supporting documentation required to obtain these residence permits. The guide also addresses important questions regarding this new type of residence permit for owners of real estate. If you would like more information beyond the scope of this guide, or any clarifications, please contact the General Secretariat of Population and Social Cohesion of the Ministry of Interior (Tel: + 30 213 136 1029 – 30 – 31, Fax: +30 213 136 1388, E-mail: ).

 

General information on residence permits for real estate owners in Greece

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Residence permits in Greece.

Residence permits for real estate owners and who they apply to.

Preconditions for a residence permit for real estate owners in Greece.

Entry Visa requirement to obtain a residence permit for real estate owners.

Duration of the residence permit for real estate owners.

Renewal of residence permits for owners of real estate – Duration and Preconditions.

 

Frequently Asked Questions

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Is it necessary to hire a lawyer to collect the documentation?

There is no legal requirement to collect and process the documents through a lawyer. In cases where the applicant does not speak Greek and / or is located outside of Greece, it may be preferable to ask for the support of a legal representative or proxy who is in Greece, to facilitate the process.

Who is considered a family member?

According to the law, family members of third country citizens entering the country are: a. Spouses who are over the age of 18, as well as unwed children under the age of 18 where there is shared custody, including children who have been adopted b. Other unwed children under the age of 18, of the other spouse, including children who have been adopted, provided that the applicant is their legal guardian.

Are unmarried partners entitled to a residence permit?

The family members do not include unmarried partners.

Can I travel to other countries within the EU with the residence permit for owners of real estate? Are there any conditions related to this?

Yes. The residence permit and long-term visas are valid? as far as the free movement of the person in the Schengen area is concerned. Any citizen who holds a long-term visa (such as the residence permits for real estate owners) which has been issued by a member state and are valid for one year, are able to travel to other member states for up to 3 months within a six month period, under the same conditions which apply to the holder of a residence permit, while they are also granted a right for multiple entries.

Can the residence permit be considered as a work permit? Can my spouse, the legal representative of my company, my children, or myself, work in Greece?

In no case does the residence permit provide access to any type of employment. Employment, according to paragraph 3,
article 36A, of Law 3386/2005, does not include the exercise of economic activity in the capacity of a shareholder or a Chief Executive Officer. The family members that have been issued a residence permit for the same duration as the sponsor are similarly not granted access to the employment market.

Does the residence permit give me the right to apply for citizenship?

The years covered by the residence permit for real estate owners are not taken into account for the required years for the granting of citizenship to residents.

Does the amount of €250,000 include the Value Added Tax? What should the value of the investment be if the ownership / sale document include the name of both spouses?

The amount of €250.000 refers to the price indicated on the contract. In cases of joint ownership of the real estate property by spouses, the residence right is granted to both spouses.

Can I obtain more than one piece of property, the individual value of which is less than €250.000, if the combined value is equal or greater than € 250.000?

You are entitled to residency rights irrespective of whether you own one or more properties, provided that their
combined value is equal to or greater than €250.000.

Can I buy commercial property or a combination of commercial and residential properties or land?

The law states that €250.000 must be the stated price on the contract. It does not distinguish between commercial and residential properties.

Are there any restrictions that apply to the real estate market? (e.g. location, size in square meters, or other factors).

There are restrictions on properties located in border regions. It should be noted that as border regions are defined the prefectures of the Dodecanese, Evros, Thesprotia, Kastoria, Kilkis, Lesvos, Xanthi, Preveza, Rodopi, Samos, Florina, Chios, and the islands of Thera and Skyros, as well as the former regions of Nevrokipi in the former prefecture of Drama; Pagoniou and Konitsas in the prefecture of Ioannina; Almopia and Edessa in the prefecture of Pella; and Sintiki in the prefecture of Serres. Individual or legal entities, which are affected by the restrictions above, can request the lifting of the ban for the border regions, along with their application, which should clearly state the intended use for the property. The decision to lift the ban is made by the Minister of Defence, following the submission of an application.

What is the arrangement regarding the access to education and health services? Can the children of the residence permit holder attend a Greek public school?

The holders of the residence permit have access to public education, analogously to that of Greeks. Regarding access to health services, third country citizens and their family members who fall under the regulations of the current law, must have insurance that covers their healthcare and medical care expenses. To prove this condition, the following documents are accepted: i. Insurance contracts which have been signed outside Greece, provided they explicitly mention that they cover the applicant for the duration of their stay in Greece ii. Insurance contracts which have been signed in Greece

Can I purchase a car with Greek licence plates for my transportation needs in the country?

Yes, under the specific regulations of the Ministry of Transport, which apply to third country citizens.

Can I take a mortgage out on the property in order to receive a loan?

You can take a mortgage out on the property, in the same way as Greeks.

Is it required of the buyer to prove the source of their income?

The income of the applicant must be proven by
documentation which proves their capacity (e.g. Certificate by class-A recognised bank or an official financial institution or other recognised institutions to store bonds) and certify the existence of bank accounts or other transferable securities, especially shares or bonds.

If someone holds a long-term Visa for a different Schengen country, does this Visa need to be cancelled to obtain a visa in Greece?

A Schengen visa by a different country gives the applicant the ability to enter Greece and settle issues regarding the purchase of the property.

Does the residence permit continue to be valid if the real estate property is transferred?

In cases when the real estate (property) is transferred, before the end of the five year term, the third country citizen loses the right to residence.

Is it possible to rent the real estate property to third parties?

At present, the provisions of paragraph 2, article 6, of law 4146/2013 do not allow the rental of the real estate (properties). In the draft law “Ratification of the Migration and Social Integration Code” which has been submitted, a provision is included according to which third country citizens who own real estate property in Greece will be granted the ability to rent their real estate propert

Residence permits in Greece.

A residence permit is any documentation issued by the Greek authorities, according to which a third country citizen is given the right to reside legally within Greek territory, in accordance with the provisions of the European Union. Different categories of residence permits exist, as well as different types of permit within each category. Employment rights depend on the type of permit issued. Applications for the granting and renewal of residence permits are submitted directly to the municipality or the relevant authority of the Aliens and Immigration of the Decentralised Authority in the applicant’s place of residence, or to the General Secretariat for Immigration of the Ministry of the Interior.

 

Residence permits for real estate owners and who they apply to.

A residence permit for real estate owners is a new type of residence permit, for third country citizens who have received a Visa for the same purpose. Beneficiaries of the right of entry and residence, for a period of five years, are:

a) third country citizens who own real estate property in Greece, either personally or through a legal entity of which they own all the company shares, provided the minimum value of the property is €250.000;

b) third country citizens who have signed a timeshare agreement (lease) – for a minimum of 10 years – for hotel accommodations or furnished tourist residences in integrated tourist resorts according to article 8, paragraph 2 of Law 4002/2011 (Government Gazette 180 Issue A), provided the minimum cost of the lease is
€250.000;

c) third country citizens who either reside legally, with a residence permit, in Greece, or wish to enter and reside in the country, and who have full ownership and possession of real estate property in Greece, which they have purchased before the enactment of the current law 4146/2013, provided that they had purchased the real estate property for a minimum of €250,000 or the current objective value of their real estate property is at a
minimum of €250,000;

d) third country citizens who fully and legally own real estate property in Greece, the minimum value of which is €250,000, and which they acquired through a donation or parental concession. The right to a residence permit in this case can only be exercised by the receiver of the donation or parental concession.

e) third country citizens who purchase a plot of land or acreage and proceed to erecting a building, provided that the cumulative value of the land purchase and the contract with the construction company is at minimum €250,000.

f) third country citizens who have signed a ten-year timeshare agreement (lease), based on the provisions of Law 1652/1986. A time share lease, according to the provisions of article 1 of law 1652/1986 is the commitment of the lessor to grant, each year, to the lessee, for the duration of the timeshare, the use of the tourist accommodation and to provide to them the relevant services for the determined period of time according to the contract, and the lessee must pay the agreed rent.

g) family members of the third country citizens described above.

 

Preconditions for a residence permit for real estate owners in Greece.

The following conditions must be fulfilled to receive a residence permit:

a) The real estate property must be owned by and be in possession of its owners.

b) In cases of joint ownership, where the value of the property is €250.000, the residence permit is only granted if the owners are spouses with undivided ownership of the property. In all other cases of joint ownership, the residence permit is only granted if the amount invested by each of the joint owners is at least €250.000.

c) If the owner has acquired the property through a legal entity, the applicant must own 100% of the company shares.

d) The residence permit is also granted in cases where the third country citizen is the owner, either directly or through a legal entity, of more than one real estate property with a combined value of at least €250.000.

e) The documented intention to own property should be supported by documentation which prove the financial capacity (e.g., certificate of an A-class certified bank, or other recognised financial institution), which certify the existence of bank accounts or other mobile assets, such as bonds or shares, which can cover the cost of the investment of at least €250.000, and which certify the intention of the applicant to purchase the property (contract with a law firm or with a real estate office).

f) In the case of third country citizens who have signed a lease of at least 10 years for hotel accommodations or furnished tourist residences in integrated tourist resorts, provided the minimum value of the lease is €250.000, the contract must require a single payment of the lease for the equivalent of the ten year leasing of the property.

In all cases outlined above, the value of the real estate property will be determined
based on the value of the property, or the lease, indicated in the contract of purchase.
The value of the property, according to law 4146/2013, is the amount stated explicitly
on the contract which has been submitted for the purchase of the real estate property.
The objective, or assessed, value of the property is not relevant, unless it corresponds
to the amount which was, according to the contract, paid for the sale of the property.

 

Entry Visa requirement to obtain a residence permit for real estate owners.

An entry Visa is necessary to obtain a residence permit for owners of real estate . Following the issuance of a residence permit, and for its duration, there is no need for a Visa. Primarily in order to serve interested parties, obtaining a type D visa was chosen, because of the advantages that this visa provides to the holder (free movement in the Schengen area, duration for up to one year, right to multiple entries and the like). It was shown in practice that the majority of interested third country citizens choose a type C visa to enter the country. Based on this fact, the right to submit an application for a residence permit is available to any third country citizen who legally resides in Greece, irrespective of their status or the type of residence permit they possess. This includes those who hold a type C Visa and those applying for asylum.

 

Duration of the residence permit for real estate owners.

This residence permit is valid for 5 years.

 

Renewal of residence permits for owners of real estate – Duration and Preconditions.

The residence permit can be renewed. More specifically, the residence permits may be renewed for the same duration and for as many times as the applicant requests. To renew the residence permit, the following conditions must be met:

The real estate property must remain in the ownership and possession of the applicant.

The relevant leases must be ongoing.

Absences from the country do not impede the renewal of the residence permit

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