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Department of Immigration: The main changes brought by the new bill – Abolition of residence permits for those who have been living in the country illegally for 7 years

The bill provides for a tightening of the framework in line with the guidelines of the new European regulation on immigration

Newsroom May 29 09:40

Solidifying the framework for entry into the country, increasing the penalty thresholds for those who enter the country illegally, criminalizing illegal stay in the country after the completion of the administrative procedure and abolishing the granting of residence permits for those who have been staying in the country illegally for 7 years, among other things, the bill of the Ministry of Immigration presented to the Ministerial Council by Minister Makis Voridis, according to reports.

For entry into the country, the bill provides for a tightening of the framework in line with the guidelines of the new European regulation on immigration to be implemented in 2026. In particular, the mandatory reason for refusal of entry is provided for the risk of the presence of a third-country citizen for public order and security, national security, and public health, while the duration of the time limit is extended.

For those entering the country illegally, it is envisaged to increase the sentence limits from 3 months to at least 2 years and in aggravated cases from 6 months to at least 3 years. At the same time, the fine is increased, which can reach up to 10,000 euros.

In addition, according to the same information, the new bill, which is expected to be put to consultation in June, criminalizes illegal stay in the country after the completion of the administrative procedure and provides for a minimum of three years in prison, a fine penalty of 10,000 euros, no possibility of commutation or suspension of the sentence and possibility of suspension of the execution of the sentence on condition that the convicted third-country citizen declares voluntary departure from Greece. The suspension starts with the departure from the country.

Besides, the Minister of Immigration and Asylum had announced weeks ago that a tightening of the framework was coming and that “an illegal immigrant whose asylum is refused and remains in the country will face a much more unfavourable institutional environment than today”, as he had stated. The aim, the minister has underlined, is to discourage illegal stay in the country. “Increasing the merit system and strengthening administrative detention are key tools for strengthening the return mechanism,” Voridis had also noted.

The bill also provides for the abolition of the granting of residence permits for those who have entered the country without the necessary documents and have been staying in the country illegally for 7 years.

For voluntary departure, there will be a reduction in the prescribed time limits from 25 to 14 days, as well as a reduction in the extension of the time limit for exceptional reasons from 120 to 60 days. In addition, electronic surveillance will be imposed as a restrictive measure during the period of voluntary departure.

Finally, in line with the guidelines of the new European Pact on Asylum and Migration, some definitions are updated. For example, the concept of the country of return in case of rejection of an asylum application is broadened by adding to the list: a) the country of habitual residence, b) the safe third country, as defined in Article 91 of Law No. 4939/2022 (A’ 111), based on which the application for international protection was rejected as inadmissible and c) the first country of asylum based on which the application for international protection was rejected as inadmissible.

The country of origin is the country of origin of the asylum seeker.

Additionally, the definitions of flight risk are further refined in a more stringent direction. Namely, the following are added as objective criteria that constitute a risk of absconding: a) the absence of a residence or known residence, b) abandonment or change of place of residence or known residence without prior notification of the competent authorities, and c) refusal to submit to identification by biometric or other means.

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The bill is expected to come to the Parliament for a vote around the end of June, after the completion of the required procedures.

 

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