ARISTOTLE UNIVERSITY OF THESSALONIKI Observatory for the Academic Progress of Students from Vulnerable Social Groups

Transcription

1 ARISTOTLE UNIVERSITY OF THESSALONIKI Observatory for the Academic Progress of Students from Vulnerable Social Groups The legal status of alien students: Questions and answers Zoe Papassiopi-Passia Professor of Law, Aristotle University of Thessaloniki Introductοry note The Observatory for the Academic Progress of Students from Vulnerable Social Groups of the Aristotle University of Thessaloniki from its first meetings with alien students discovered as previously did the Social Policy Committee- that the most crucial problem that concerns them is that of their residence permit in Greece. In order to assist foreign students who are third country nationals in understanding the issuance of their residence permit as well as other issues relating to their legal stay in Greece, the Observatory for the Academic Progress of Students from Vulnerable Social Groups finds it is useful to provide them with brief answers to important questions that derive from their concerns, while the relevant Greek legislation is presented in a separate text. The following text aims to provide basic and fundamental information to alien students who have come to study in Greece (whether with a scholarship or not) and are already in the country, as well as any other student, volunteer or researcher, who is in Greece, in order to assist them in understanding their legal status, in other words, in understanding their rights and obligations as members of the Greek student community for the total duration of their residence permit. Translated by Natalia Alexiou, MA in Law, Aristotle University of Thessaloniki, MA in Public International Law, Cambridge University 1

2 CRUCIAL QUESTIONS AND ANSWERS 1. Does a foreign student third country national need to acquire a special student visa in order to come to Greece for study purposes? YES. This is a mandatory requirement. In fact, a student visa is necessary even for students who are nationals of countries for which Greece does not normally require a visa. For instance, USA citizens are not required to obtain a visa when visiting Greece (e.g. as tourists). However, when they come to Greece as students, they are required to obtain a special student visa from the Greek consular authorities in the U.S.A. This special student visa is required for all students coming from third countries, i.e. countries outside the European Union. 2. What will happen if a student has not obtained a special student visa? A foreign student third country national who does not hold a special student visa will not be allowed to enter the country. Such student will have to return to their country, obtain the special student visa from the local consular authorities of Greece and re-enter Greece with that visa. 3. Could a foreign student holding a visa be denied admission into Greece? A third-country national holding a student visa may be denied admission only if the Greek consular authorities ascertain that the alien in question is included in the list of undesirable aliens, according to Article 82 of Law 3386/2005 or if their entry into Greece might pose a threat to public order or security or to public health, according to the stipulations of the World Health Organisation. 4. Must an alien who has been admitted for studies obtain a special residence permit? YES, this is a mandatory requirement. After their entry into Greece and two months before the expiration of their visa, the foreign student must apply to the municipal authority or community council of their place of domicile or residence for the issue of a residence permit for study purposes. 2

3 The municipal authority or community council will check whether the submitted documentation is complete and will forward such documentation along with the application to the competent Aliens and Immigration Service. A third-country student may be invited to an interview with the Immigration Committee. The residence permit for study purposes is issued by a decision of the Secretary General of the Regional Authority. 5. What is the required documentation for issuing a residence permit? According to Ministerial Decision 933/2009, the basic supporting documentation required for issuing a residence permit to a third-country national wishing to study in Greece is as follows: a) copy of the passport or other travel document evidencing the student visa b) three recent colour photographs c) if applicable, stamp duty payment receipt available from the Public Financial Authority d) health certificate issued by a Greek state hospital certifying that the third-country national does not suffer from a disease which in accordance with international data and the World Health Organisation (WHO) may be regarded as a threat to public health. In addition to the aforementioned documentation, that is common for all types of residence permits for study purposes, the following documents may also be required: A. In case of an initial one-year residence permit (article 5, Presidential Decree 101/2008): a) certificate from the admitting educational institution stating that the student has matriculated and paid any applicable enrollment fees b) evidence that the foreign student may cover their living and study expenses throughout the period of the residence permit, unless they have received a scholarhsip. The monthly resources considered adequate to cover living expenses for third-country nationals who have obtained a special entry visa for studying in Greece are 500, according to Ministerial Decision 4415/2006. This amount is evidenced by a savings account, bank transfer, scholarship or payrol receipt, if the student is employed (see question no. 11). 3

4 (c) certificate that an application has been submitted to an insurance organisation for the coverage of hospitalisation and healthcare costs (d) for persons under 18, authorisation by the parents or guardians for the planned stay B. In the case of an initial residence permit of a duration equal with the maximum duration of the study programme (articles 5 and 6, Presidential Decree 101/2008), the following documentation is also required: a) in addition to the certificate of enrollment and enrollment fee payment, if applicable, a certificate of the institution stating the total period that their studies will require. b) as above. c) as above. d) as above. e) Stamp fee payment receipt amounting to 150 for each year of the residence permit. In case of B, a biannual, interim certification that the student continues their studies is required. To this end, the following are submitted to the competent agency: Certificate of enrollment and participation in the examinations issued by the relevant educational institution and a grade transcript or progress report, in the case of postgraduate or doctoral studies. Regarding the documentation required especially for issuing a researcher residence permit, see article 7 of Presidential Decree 128/ Is the residence permit procedure for researchers different from the residence permit for study purposes? The procedure is almost identical, as described in article 43 of Law 3386/2005 and article 7 of Presidential Decree 128/2008. The residence permit is issued by the Secretary General of the competent Regional Authority of the researcher s place of domicile, and its duration is equal with the term of the researcher s admission agreement (article 8, Presidential Decree 128/2008). 7. When and how is the residence permit for study purposes renewed? 4

5 The residence permit for study purposes is ordinarily renewed annually, unless it was granted for the entire duration of study, in which case no renewal is required. At least two months before the expiration of the residence permit, the student must appear at the municipal authority or community council of their place of domicile and submit an application. The application must be accompanied by the following documents: a) a certificate from their school or department attesting enrollment and participation in examinations and b) a grade transcript indicating their progress with their coursework. 8. How long is the duration of the residence permit for study purposes? The residence permit for study puproses is in most cases valid for one year. In particular, the residence permit is renewed annually until the completion of the maximum duration specified by each school or department, increased by 100% for undergraduate students and by half for post-graduate or doctoral students (article 6, section 5, Presidential Decree 101/2008). This time does not include the time required by the student to learn Greek, which is one year. If the student has received a scholarship or participates in exchange programmes in the framework of bilateral agreements (article 34 of Law 3386/2005), or has been admitted to study at Armed Forces Schools (article 32 of Law 3386/2005), the residence permit is granted for the entire period of study. In addition, according to Article 6, section 2 of Presidential Decree 101/2008, a thirdcountry national may request a residence permit with a duration equal to their maximum study duration, in which case they must submit a supplementary certificate from the relevant educational institution stating the total duration of the course they will attend. In this last case, they will have to submit biannually to the Alien and Immigration Service a certificate of enrollment and participation in examinations, as well as a grade transcript attesting to their progress (article 6, section 2 c, Presidential Decree 101/2008). 9. Must the foreign student bring money with them? YES. Bringing money is necessary. The student will have to prove that the money brought with them will enable them to cover their living expenses and medical care. The same applies each time that the student needs to renew their residence permit for study purposes. Naturally, these requirements do not apply if the student has received 5

6 a Greek state scholarship or has been admitted to study at the Armed Forces Schools (article 32 of Law 3386/2005). If the third-country national has not received a scholarship, the amount of 500 per month is considered as "adequate funds". This is deduced from Ministerial Decision 4415/ Is it possible for a foreign student who has graduated to continue with postgraduate studies? Yes, it is possible! This is stipulated in article 29, section 1, last item of Law 3386/ May a foreign student work and study at the same time? Yes, it is possible. A foreign student may be employed under certain conditions, according to article 35 of Law 3386/2005 and article 8 of Presidential Decree 101/2008. A relevant permission must be granted by the Regional Authority for this purpose. Such permission is granted only for part-time employment and after the third-country student has applied and presented their residence permit and a certificate by the employer wishing to offer employment. Being employed while studying means that the student falls within the scope of labour law (i.e. they must pay social security contributions, submit tax returns etc.). 12. Is it possible for a third-country national residing lawfully in Greece as a worker to study and receive a residence permit for study purposes? It is up to the person to succeed in working and styding simultaneously. From a legal point it is indeed possible. However, according to article 28, section 3 of Law 3386/2005, third-country nationals lawfully residing in Greece as workers or persons carrying out an indepenent economic activity cannot receive a residence permit for study purposes. Priority is given to the residence permit for employment by virtue of which the third-country national in question received a visa and came to Greece. Nevertheless, a residence permit for study purposes may be exceptionally granted to a third-country national residing in Greece as an employee or self-employed worker if they were admitted for family reunification reasons and had in their possession a relevant residence permit. In this case, they will continue to reside in Greece with a residence permit for studies. 6

7 13. Can third-country nationals come to Greece to conduct research or pursue a doctoral degree? Yes, they can. This possiblity is recognised both in article 43 of Law 3386/2005 and in the Presidential Decree 128/2008, which specifically refers to the admission procedure for third-country nationals conducting research. According to Presidential Decree 128/2008, as a researcher is defined a thirdcountry national holding an appropriate higher education qualification, which gives access to doctoral programmes, who is selected by a research organisation to conduct a research project for which the above qualification is normally required. 14. Can a foreign student invite their family to visit them during the course of their studies? As already discussed, a foreign student may not bring a family member with them (see also next question no 15). However, their family members may come to Greece on a tourist visa with a maximum duration of three months, just like any other alien. 15. Can a third-country national studying in Greece bring their family along? Chapter 1 of Law 3386/2005 (articles 53-60), which refers to the entry and stay of third-country nationals for family reunification reasons, stipulates that this possibility is only available to those aliens who were admitted in the country to work as employees, self-employed workers or professionals or to start a business or to engage in any other economic activity. In the case of foreign students who may only be employed part-time, their families cannot join them in Greece. This is also inferred by the wording of article 53, section c of Law 3386/2005, which requires that the alien must establish that "they possess a steady and regular personal income, which is sufficient to sustain the needs of their family, and which cannot be lower than the annual wages of an unskilled worker, increased by 20% for the spouse and by 15% for each child. However, the law allows a third-country national studying in Greece to be accompanied by their family (spouse and children) if such third-country national has come to Greece to qualify for a medical specialisation (article 33, section 2, Law 3386/2005). This is evidenced by a special certificate issued by a healthcare institution stating that such third-country 7

8 national has been admitted to the institution and has been granted a special visa. In addition, article 43, section 3 of Law 3386/2005 provides that third-country nationals participating in research programmes may be accompanied by their families throughout their period of residence in Greece, until the conclusion of the research programme. Article 7, section 5 and article 9 of Presidential Decree 128/2008 contain identical provisions regarding third-country nationals coming to Greece for scientific research. As researcher the provision of article 2 (d) of the above Presidential Decree defines a third-country national holding an appropriate higher education qualification, which gives access to doctoral programmes and who is selected by a research organisation to conduct a research project for which the above qualification is normally required. 16. Can a foreign student transfer to another educational institution or change course of study? According to article 31 of Law 3386/2005 and article 6, section 5 of Presidential Decree 101/2008, this is possible on condition that the total stay of the student in Greece not exceed the time required for the course of study initially selected. For instance, if they had initially selected the Law School, which is 4 years + 100% = 8 years in total, they may enroll at the English Language Department of the University of Athens. However, they can still not exceed 8 years of study. According to applicable law, such a course change can only take place once and only during the first year of study. 17. Can an alien student travel to their country? Can they travel to a European Union country? According to article 71, section 5 of Law 3386/2005 a third-country national who lawfully resides in Greece and exits the Greek territory is entitled to re-enter, provided that their residence permit is still valid at the time of re-entry. Therefore, a third-country national with a valid residence permit for study purposes may travel abroad provided that they hold documentation establishing the purpose of such visit, and that they will then return to Greece without obtaining a new special visa. 8

9 According to article 21 of the Schengen Agreement, in conjunction with article 71, section 5 of Law 3386/2005, a third-country national studying at a Greek educational institution and holding a valid passport and residence permit may travel to a European Union country that is a member of the Schengen Agreement (such as Germany) and freely stay there for a maximum of three months declaring their presence to the local authorities of that country, provided that they are not included in the list of undesirable aliens, they possess sufficient resources for living in that country and their return to Greece is assured. 18. Can a third-country national holding a residence permit for study purposes in Greece continue their studies in another EU country or vice versa? Yes, they can. Presidential Decree 101/2008 recognises student mobility. In other words, a third-country national who has been admitted to study in Greece may apply to attend part of their course in another EU country (article 7, section 5, Presidential Decree 101/2008). Similarly, a third-country national who has been admitted to study in another EU member state may attend part of their coursework in Greece (article 7, sections 1-4, Presidential Decree 101/2008). In the latter case, they do not need to obtain a special student visa, as required for those intending to study in Greece according to Greek law. 19. Can a third-country national holding a residence permit as a researcher in another EU member state continue their research in Greece or vice versa? Yes, they can. Article 10 of Presidential Decree 128/2008 recognises such possibility, according to the terms and conditions described therein. 20. Is it possible to convert a residence permit for study purposes to a residence permit of another type? NO, it is not possible. This is inferred both from article 12 section 6 of Law 3386/2005 and article 13, section 1 of Presidential Decree 101/2008, which expressly precludes such a possibility. However, it is permitted for a residence permit for studies to be converted into another kind of residence permit, but only in the case that the student had been accepted in Greece for family reunification reasons. 21. May a foreign student remain in Greece after the end of their studies? 9

10 In principle, this is not possible. It is indirectly inferred from article 73, section 3 of Law 3386/2005 that once a foreign student has received their degree or their residence permit for study purposes has expired and not been renewed for any reason, such student must leave Greece, unless they continue their studies at post-graduate level or enroll at a medical specialty training programme (in which case, question 10 is applicable). There are, however, two cases where an alien who has concluded their studies or the prescribed maximum period of study may stay in Greece. The first case is if they have married a Greek national or a national of a member state of the EU. The second case is if they have been recognised as a refugee or they meet the requirements for recognition as a refugee or a stateless person. A third country national who had been admitted in Greece for family reunification reasons and their original residence permit had been converted to a residence permit for studies, they can continue to reside in Greece after the end of their studies by obtaining residence permit of another kind. 22. When can a student be recognised as a refugee? According to the 1951 Geneva Convention, a refugee is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality and is unable, or owing to such fear, is unwilling to avail themselves of the protection of that country. Refugee status is usually granted to aliens studying in Greek educational institutions when such events have occurred in their countries of origin during their studies in Greece that render them unable to return there owing to fear of persecution, imprisonment or torture. In this case, they may apply for political asylum, thus being considered réfugiés sur place. 23. What are the obligations of a foreign student? Further to what has been discussed regarding the residence permit for study purposes and its renewal (see questions 1-8), the foreign student must declare within 2 months the following to the Alien and Immigration Service of their place of domicile: (a) change of domicile, (b) any change to their civil status (marriage, divorce, change of nationality, birth of a child etc.), (c) any change to their passport, as well as its loss or 10

11 the loss of the residence permit (article 73, section 2 of Law 3386/2005). Exceptionally, a change of address must be also notified to the local police department. 24. In what cases is the residence permit for study puproses revoked or not renewed? A residence permit for study purposes can be revoked or not renewed in cases of public health concerns (only those stipulated by the World Health Organisation) or in cases of risk to public order and safety, or if a final court decision has established that the alien used false information or forged documents. In addition, a residence permit may be revoked or not renewed if its holder does not demostrate satisfactory progress in their studies or does not abide by the conditions stipulated by Greek law regarding part-time employment during their economic activity (article 12, Presidential Decree 101/2008). 25. Can a petition for annulment be brought in case of a refusal to grant or renew a residence permit for study purposes or in case of its revocation? YES. A petition for annulment may be brought before the competent administrative court, according to article 15 of Law 3068/2002, as it stands (article 14, section 4, Presidential Decree 101/2008). 26. What are the consequences of non-renewal of the residence permit? According to article 73, section 4 of Law 3386/2005, if the renewal of a third-country student's residence permit is not approved, they must leave the Greek territory, without any further formalities, within thirty days from notification of the relevant decision. 27. What will happen if a foreign student is unable to complete their studies, their residence permit expires and they nevertheless remain in Greece? Such a student is considered an illegal alien. As an illegal, third-country alien they are subject to the unfavourable provisions of Law 3386/2005, deportation being the main consequence. 11

12 28. What will happen when a foreign student whose residence permit for study purposes has expired exits Greece? According to article 73, section 5 of Law 3386/2005, an alien who remains in the country for over 30 days from the expiration of their residence permit is obliged upon their departure to pay a sum equal to four times the stamp duty fee levied for an annual residence permit. If the alien illegally remains in the country for longer than 30 days, the stamp duty fee levied will be eight times the stamp duty fee for an annual residence permit. They will be exempt from such fee only if they violated the lawful residence period owing to force majeure. 29. What are a foreign student s rights? A foreign student is entitled to the rights stipulated in international convention on the protection of persons in general, which Greece has signed and ratified. Additionally, they are entitled to the fundamental rights stipulated in the Greek constitution. Thus, a third-country student has unrestricted access to Greek courts and the right to refer to the authorities. They may freely transact; express their opinions freely, unless these lead to the subversion of the current democratic political system; draft their last will and testament; participate in student organisations as a member or member of the Administrative Board thereof; and, in general, a foreign student is entitled to all fundamental rights provided in the Greek constitution for each and every individual without discrimination. In addition, if a third-country student gave birth to a child in Greece, in contravention of Greek law prohibiting family reunification for the third-country members of a student s family, such child is granted an individual residence permit, which expires simultaneously with the student s residence permit, without paying a stamp duty fee for the issue of such residence permit (article 13, section 4, Presidential Decree 101/2008). 30. Can a foreign student or researcher be deported from Greece? In principle, deportation means that an alien who lives in a host country must leave the country after the issue of a relevant court decision, which has been issued against them, or pursuant to the imposition of individual administrative measures. 12

13 According to article 76 of Law 3386/2005, the administrative expulsion of a thirdcountry national is possible, subject to the international commitments of Greece, if (a) The alien has been finally and irrevocably sentenced to imprisonment of not less than one year or, regardless of the penalty, they have been convicted of any of the following: Offences against the system of government, high treason, offences related to drug trafficking, money laundering, international economic offences, hightechnology crime, currency offences, offences of resistance, child abduction, offences against sexual freedom, offences related to sexual exploitation, theft, fraud, embezzlement, extortion, usury, offences concerning intermediaries, forgery, false attestation, defamation, smuggling, arms offences, offences related to antiquities, or offences related to illegal immigrant trafficking, provided that the alien s deportation was not ordered by the competent court; (b) the alien has violated the provisions of the law on aliens; (c) the alien s presence on Greek territory poses a risk to the country s public order or security; or (d) the alien s presence in Greece poses a public health risk and they refuse to comply with the measures determined by medical authorities for its protection, although they have received the required information. Therefore, the deportation of a third-country national may be ordered if it is established that they are subject to any of the aforementioned circumstances. A foreign student or researcher must meticulously observe all formalities regarding the deadlines for the renewal of their residence permit, their obligation to communicate to the authorities any change to their civil status, place of domicile, loss of passport etc. (see question 23). They must also ensure that they are not involved in offences or behaviours that could potentialy lead to their characterisation as a threat to public order and security. Articles 74 and 99, sections 2, 3 and 4 of the Greek Criminal Code apply in connection to deportation as a subsequent penalty. 31. Does the foreign student/researcher have access to hospital care? YES, provided that they hold a residence permit for study or research pruposes, they have access to the medical care offered by Greek public hospitals. In addition, even if they reside in the country unlawfully (e.g. if their residence permit has expired and not been renewed), in the instance of a health emergency they can be 13

14 admitted for hospitalisation at a public hospital (article 84, section 1b, Law 3386/2005). 32. Can a foreign student acquire Greek nationality by naturalisation? Many foreign students inquire whether and how they can acquire Greek nationality by naturalisation. One of the naturalisation requirements (article 5 of Law 3284/2004, as modified by article 2 of Law 3838/2010) is that a non-ethnic Greek alien must have resided in Greece for a total of seven years preceding their naturalisation application. This requirement does not apply to ethnic Greeks. According to article 24, section 2 of Presidential Decree 101/2008, the time during which the non-ethnic Greek, third-country alien resided in Greece as a student is not taken into account for the provision of additional rights to them. Therefore, their student years are not counted in the aforementioned 7 years required for acquiring Greek nationality by naturalisation. 33. Is a third-country national living lawfully in Greece with their family entitled to access to higher education after having graduated from a Greek secondary school? YES. According to article 72, section 5 of Law 3386/2005 third-country nationals who have graduated from secondary education in Greece have access to university education on the same terms and conditions as Greek citizens. 34. Are students participating in practical traineeship programmes (article 34, section 3, Law 3386/2005) also subject to a residence permit? YES. Before the expiration of their special visa for studies, the third-country national must submit to the municipal authority or community council of their place of domicile or residence a petition for the issuance of a residence permit, which is forwarded to the competent Aliens and Immigration Service along with the following additional documentation: (a) a photocopy of their passport or other travel document with the special entry visa evidently in force, (b) according to the provisions of article 92 of Law 3386/2005 a deposit fee, (c) a certificate issued by the relevant exchange organisation (AIESEC, IAESTE), establishing that the third-country national has been admitted to the programme for practical traineeship on the subject of their studies at a specific business entity and for a specific period, and for a duration that doesn t 14

15 exceed six months; and (d) evidence that the interested student is insured throughout their stay in Greece. Apart from AIESEC and IAESTE, exchange organisations are also the Higher Educational Institutes ΑΕΙ and ΤΕΙ of Greece, which have Bilateral Exchange Students Agreements with the relevant foreign Institutions. The Ministry of Employment is the competent authority that examines the legal framework of thirdcountry nationals practical traineeship, as well as the terms and conditions of the specific issues regarding such exchange programmes. 35. Who does the rapid procedure for issuing a residence permit apply to? It applies only to graduate students who will participate in a special graduate study programme, that has been agreed between the educational institution in question and the Ministry of Internal Affairs (article 9, Presidential Decree 101/2008), the relevant residence permit being issued by the competent Directorate of the latter. An applying third-country student must submit the documentation required by law in this case as well (See questions 1-5 and articles 4 and 5, Presidential Decree 101/2008). 36. What are the government agencies that the third-country student/researcher can refer to on matters relating to their residence permit? A third-country national studying or conducting research in Greece must contact the competent municipal authority of their domicile. The Aliens and Immigration Service of the Regional Authority has the general competence for any matter relating to their residence permit. In Thessaloniki the relevant municipal authority is at 19, Odysseos Street, tel and the Aliens and Immigration Service is at the Regional Authority of Central Macedonia, 1, Taki Oikonomidi Street, tel , USEFUL TELEPHONE NUMBERS AND ADDRESSES Alien Police Division 326 Monastiriou Street, tel , Dimokratias Square Police Division, 4 Dodekanisou Street, tel , , Ano Poli Police Division, 3 Sofokleous Street, tel

16 Toumba Police Division, PAOK stadium, 13 Lykaonos Street, tel Dendropotamos Police Division, 4 Napoleontos Zerva Street, tel , Labour Inspectorate, 14 Frangon Street, tel , Greek Ombudsman, 5 Hatziyianni Mexi Street, Athens, tel fax Police Emergency Dispatch Centre, tel. 100 Emergency Medical Dispatcher, tel. 166 Fire Department, tel. 199 First Aid (Red Cross), tel After hours pharmacies (information) tel Hospitals on duty (information), tel Consulates in Thessaloniki Albania, tel Australia, tel Belgium, tel Bulgaria, tel Brazil, tel France, tel Germany, tel , Georgia, tel Denmark, tel Switzerland, tel , Esthonia, tel , United Kingdom, tel United States of America, tel Japan, tel India, tel Indonesia, tel Jordan, tel Ireland, tel , Spain, tel ,

17 Italy, tel Colombia, tel Korea, tel Croatia, tel Cyprus, tel , , Latvia, tel Luxembourg, tel Malta, tel Morocco, tel Mexico, tel Norway, tel , South Africa, tel The Netherlands, tel Hungary, tel , Ukraine, tel Urugay, tel Pakistan, tel , Peru, tel Poland, tel Portugal, tel Romania, tel Russia, tel Serbia, tel Slovakia, tel , Sweden, tel Turkey, tel Czech Republic, tel Philippines, tel Finland, tel Chile, tel