LAWFUL RESIDENCE - MAPPING OF THE CHALLENGES IN LAWFUL RESIDENCE - INSTITUTIONAL
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
MAPPING OF THE CHALLENGES IN LAWFUL RESIDENCE
DYSFUNCTIONS
• Restructuring of the permit
DUE TO COVID-19
for exceptional reasons • Extensions of expired
• Cost of fees residence permits
• Permit for humanitarian reasons • Alterations in the way
after being denied asylum services operate
LAWFUL
RESIDENCE
INSTITUTIONAL ADMINISTRATIVE
GAPS OPERATIONAL
ISSUES
ACCESS TO SOCIAL RIGHTS ONLINE PLATFORM FOR
• National pension RESIDENCE PERMITS
• Disability allowance
• Long-term
ISSUANCE OF CARDS unemployment benefits
FOR STATELESS PERSONS
SERVICES:
UNDERSTAFFING - INFRASTRUCTUREINSTITUTIONAL GAPS | RESIDENCE PERMITS
RESTRUCTURING OF THE PERMIT FOR EXCEPTIONAL REASONS
The residence permit for exceptional reasons is a way of regularization, as it is a distinct proce-
dure for issuing a residence permit to immigrants, who do not have a legal status, but have lived
Ch inedu’s story in the country for at least seven years. However, there are permanent institutional gaps, which not
only affect the issuance of this permit to those who meet the legal requirements, but also main-
I c o m e fr o m N ig e ri a . I h ave
C h in e d u , I a m 6 1 y e a rs old a nd tain a state of permanent insecurity for immigrants trying to obtain lawful residence. For example,
“My na m e is a m er-
2 5 y e a rs . I’ v e b e e n in 2018, certain special categories, under which beneficiaries could apply for a permit for excep-
e rm a n e n tl y in G re e c e fo r the last
been liv ing p y ea rs
tional reasons, were abolished by law, such as those who had a previous title of lawful residence
s id e n c e p e rm it. In th e
lo n g ti m e a n d I’ v e a lw a y s ha d a re and merged into a single category, in which they must prove their previous seven-year stay in the
cha nt for a lo nger country. At the same time, there are serious administrative hurdles throughout the permit proce-
g w e ll, a n d I c o u ld n o
ia l c ri s is , b u s in e s s w a s not go in
of the fina n c dures, such as extreme delays in application appointments. The problem is intensified in the urban
it . In 2 0 15 I w a s a b le to file
u ra n c e c ri te ri a to re n e w my perm centers, while from March 2020 until January 2021, the scheduling of appointments, as well as the
m eet the ins id e nce submission of supporting documents to the Directorates of Foreigners and Immigration of Attica
n s , s in c e I h a d a re s
n c e p e rm it fo r ex c e p tio na l reaso
for a res ide
was completely frozen. Also, considering that for the duration of the examination of the applica-
e fo r s o c ia l in s u ra n c e in for-
to th a t. B u t th e n , th e y asked m tion, the immigrant is given only a “white certificate” –i.e., a document which does not give them
perm it prior e c u rity access to any rights, other than it prevents their deportation from the country- we comprehend
to th e g re e k s o c ia l s
t th e n e w p e rm it . I h a d a debt that people remain legally invisible for years, while they have secured the right of lawful residence.
mation to g e
o in g th ro u g h a ro u g h p atch.
a ll o th e r m e rc h a n ts w ho were g
fu nds, like a tiona l
The lack of legal protection has left exposed people with lengthy stays in the country, especially
ff , b u t th e E le c tr o n ic N
I m a d e a rr a n g e m e n ts to pay it o when, just like Chinedu, they have lost their legal documents due to the economic crisis of previous
Of cou rse, u ra nce
v id e d m e w it h m y in s years. The immediate restructuring of the process of the permit for exceptional reasons and the
u ri ty A g e n c y h a d n o t s o fa r pro
Socia l Sec p erm it
provision of a special category for those who have had lawful residence in the past, are the mini-
n a l re a s o n s re s id e n c e
. S o , m y re q u e s t fo r th e exceptio mum necessary actions to compensate for the injustice that has been created. The examination
information a in for
d ia te ly a s k e d to fi le a g of such requests should be prioritized, and a “blue certificate” should be given. Finally, the issue
d o v e r a y e a r a g o . T h e n, I im m e
got rejecte reece,
of delays must be resolved immediately, in such a way that the services of Attica are not burdened
e v e n y e a rs o f liv in g in G
e rm it, d u e to h a v in g c o m pleted s with the largest volume of applications.
the sa m e p fou nd
r J u n e 2 0 2 1. I re c e n tl y
T h e y g a v e m e a n a p p o in tm ent fo
that tim e. for the
n o m o re a p p o in tm e n ts
e r th e fi rs t lo c k d o w n th ere a re
out that a ft
k in s q u a re o n e , u n d o c u m ent-
l re a s o n s ’ p e rm it s ; n o w I’m ba c
exceptiona
e s p e n t a lm o s t h a lf m y life here.”
ed, a nd I’ vINSTITUTIONAL GAPS | RESIDENCE PERMITS
PERMIT FOR HUMANITARIAN REASONS AFTER BEING DENIED ASYLUM
Until recently, it was possible for the Appeal Committees (second degree of examination of asy-
lum applications) to refer third-country nationals to the Ministry of Migration and Asylum, for a res-
Rash id’s story idence permit for humanitarian reasons, after case rejections on first instance. In May 2020, this
provision was abolished retrospectively from 01/01/2020, without any official provision for the
o ld . I c a m e to G re e c e in
fg h a n a n d I a m 3 2 yea rs management of requests submitted in the first months of the year. These requests are still pending
“I a m Rash id , I a m A
0 2 0 , th e s e c o n d n e g a tive today. However, the essential result of this legislative change is the abolition of an important path
p p lie d fo r a s y lu m . In F e brua ry 2
2016 a nd a fo r h u-
of regularization, for those who need protection but have been denied asylum.
d m e to th e p e rm it
m e o u t, b u t th e C o m m ittee po inte
decis ion ca e nt to
c le ro s is . B u t w h e n I w Rashid’s story is indicative. From the first moment, we have noted to the competent authorities
a s o n s , b e c a u s e I s u ffe r fro m s
ma n ita ria n re is s ued,
the reasons why this provision should not have been repealed out. The ability to acquire a resi-
e rm it c o u ld n e ve r b e
rs in M a y , I w a s to ld th at th is p dence permit for humanitarian reasons by referral, is a necessary safety net for vulnerable groups
file my pa pe d I am
t k n o w w h a t to d o a n of asylum seekers. Many people may not qualify for international protection status, but they have
la w h a d c h a n g e d . N o w , I do no
beca use the if I w ill
serious grounds (health or strong ties) for being entitled to lawful residence in the country. That is
n ts , w it h o u t k n o w in g
. I a m h e re w it h o u t le g a l docu m e why it is necessary to restore this possibility immediately.
very sca red
fo r m e to re tu rn to m y cou ntry.”
r g et th e m a n d it is n o t poss ib le
eveINSTITUTIONAL GAPS | RESIDENCE PERMITS
COST OF FEES
In 2018, new and adjusted fees and fines for residence permits were introduced to align with the
common European standards. Specifically, the fees for residence permits provided for in the Eu-
Edela’s story ropean directives were reduced, while for residence permits falling under the Greek law the fees
were either kept the same or increased, while in some procedures fees and fines were added.
A lb a n ia . E v e n th o u g h I was
19 y e a rs o ld a n d I c o m e fro m For example, maintaining the 300 euros fee for the second generation residence permit means
“I’m Edela, I’m re e k citi- that the children of immigrants born and/or raised in the country, now pay twice as much as their
y e t a c q u ire d th e G
e d h e re in G re e c e , I h ave not
born a nd ra is
parents to ensure their lawful residence. Another typical example is the fee of 100 euros for the
iz e n s h ip D ir e c to ra te 2 yea rs
itte d m y d o c u m e n ts to the Cit re-issuance of a residence permit due to passport renewal. Renewing a passport is an inevitable
zensh ip. I su b m
e , h o w e v e r, m y in d e p endent process and therefore there is no justification for the immigrant to be further burdened financially
s ti ll w a it in g . D u ri n g th is tim
a go a nd I a m through a new fee.
c e p e rm it h a s ex p ire d a nd
to m y p a re n ts ’ res ide n
res idence pe rm it d u e As Edela notes, reducing the cost of fees on certain residence permits, while maintaining or in-
n p e rm it , b e c a u s e m y citi-
r th e s e c o n d generati o
now I have to a p p ly fo creasing costs of others, without the necessary justification, has essentially created disparities
id e n c e p e rm it fo r th e s econd between categories of residence permits. The reduction of the charges of certain fees in a fair and
o t b e is s u e d o th e rw is e . The res
zensh ip ca nn n d er how
proportionate manner with regards to other residence permits should be examined immediately.
o m u c h m o n e y . I w o
o w e v e r, is 3 0 0 e u ro s ! It is to Moreover, given that the nature of the fees must be reciprocal, the resources raised from them
generation, h m e nt, pay
r d e p e n d e n t e m p lo y need to be channeled into the financing of integration actions and the strengthening of under-
w h o h a v e a re s id e n c e p erm it fo
my pa rents, staffed services.
w h ile I p a y tw ic e a s m uch?”
150 eu ros,INSTITUTIONAL GAPS
ISSUANCE OF CARDS FOR STATELESS PERSONS
Joyce’s story
The law provides for the issuance of a special card for stateless persons. However, no card has
been issued, since the competent office in the Asylum Service has yet to be set up. Due to this
never
administrative gap, stateless persons are eventually referred to the issuance of residence permits
in G re e c e a n d I h a v e
a m 3 4 y e a rs o ld , I w as born as “objectively deprived of passports”. However, these permits are part of the legal procedures of
“I a m Joyce, I
m o th e r d ie d w h e n I w a s5 immigration, with the result that stateless persons are deducted from their legal status by losing
d . I n e v e r m et m y fa th e r a n d my
traveled a broa h ave
basic rights, such as specific favourable provisions for their naturalization.
d a n e s e d e s c e n t. I o n ly
I k n o w is th a t m y m u m was of Su
yea rs old. All cou ld
g is te re d in S u d a n , s o I Stateless people in Greece face serious obstacles, that are not due to their own fault, but due to
c a te fr o m h e re , b u t I w as never re
a b irth certifi g u n-
institutional gaps, as seen in Joyce’s case. Thus, the long-lasting failure to establish a service for
m a n y y e a rs o f w a it in
a s s p o rt h e re . I a m st a te less. After the issuance of cards for stateless persons raises, among other things, questions regarding the
never get a p e c ond
in g a b le to a p p ly fo r s safeguarding of the legal obligations of our country in accordance with the international law.
d u e to la c k o f pa s s p o rt , w ithout be
docu m ented, t last,
e n t to s c h o o l h e re , I a
iz e n s h ip , w h ile I w a s b o rn a nd w
generation cit s ob-
ti o n re s id e n c e p e rm it a
a g e d to o bt a in th e s e c o nd genera
recently ma n e c es -
b e e n lo o k in g fo r th e n
v e d o f a p a s s p o rt . L a te ly, I have
jectively dep ri
p ro c e s s . A n d w h ile I fo u nd in
n ta ti o n to st a rt m y n a tu ra lization
sa ry docu m e h ip in
n , to a p p ly fo r c it iz e n s
I a m e n ti tl e d , a s a st a te less perso
the la w that o t a p-
v e re d th a t th is d o e s n
p a y in g a fe e o f 10 0 e u ros, I disco
3 yea rs, by asked
o rd e r to a p p ly . I h a v e
e . Ι m u st h a v e a st a te le ss ca rd, in
ply in pra ctic ration
d in th e M in is tr y o f M ig
in a ll th e re le va n t d e p a rt m ents a n
every where, is su e d
o m e n t th is c a rd is n o t
to fi n a lly b e in fo rm e d th at at the m
a nd Asylu m ,
a it 7 y e a rs to fi le fo r n a tu ra l-
re (! ). A s a re s u lt, I n o w have to w
fro m a ny wh e
p e rm it, a n d w h e n th a t tim e
o n d g e n e ra ti o n res idenc e
ization, rene w th e s e c
r th e c it iz e n s h ip p ro c e s s...”
s to p a y a fe e o f 5 5 0 eu ros fo
co m eINSTITUTIONAL GAPS | ACCESS TO SOCIAL RIGHTS
NATIONAL PENSION
Under current law, immigrants, just like Greek citizens, must have completed at least 20 years
of insurance, to receive the total amount of the minimum pension (384 euros). However, in order
Lida’s story to receive it, immigrants must meet an additional condition: to prove 40 years of permanent and
lawful residence in Greece. Those who do not meet this condition, receive a reduced pension at
A lba n ia . M y fa th er ca m e to Greece a proportion of 1/40 (where 1 is the number of years that fall short). For example, if someone has
is from
“My name is Lida and my origin been residing in the country permanently for 30 years and worked constantly, they are entitled to a
In 2 0 18 he re ti re d at th e ag e of 70.
since.
in 1995, where he worked ever reduced pension of 10/40, since 10 are the years of lawful residence that are falling short until the
in g th at his in su ra nc e co nt ri butions completion of 40 years of residence. Permanent and lawful residence of citizens of non-member
ts prov
He had all the requ ired documen States of the European Union is proven on the basis of residence permits. Since the first concert-
ll pe ns io n am ou nt . B ut from 1995 to
the fu
have been pa id, in order to get
ed regularization process began in 1998, a large portion of citizens of non-member States of the
no t po ss ib le fo r hi m to ha ve . Thus, European Union, as well as naturalized Greek citizens, who are now at retirement age, are unable
f, it was
1998 he had no document proo to prove 40 years of continuous lawful residence. In addition, due to institutional gaps or malfunc-
of 2 6 5 eu ro s. W ith ex ac tly the same
ount
his pension is the hum iliating am
tions of the public administration, as we have often pointed out, immigrants in Greece can very
t th e do ub le am ou nt . W hy is th ere such easily be deprived of their lawful residence status.
almos
years of work, a Greek rece ives
al l th es e ye ar s in th is co un tr y and pa id
hard
a difference? My father worked
Particularly low pensions and the inability to maintain a decent standard of living are not a prob
le nt pe ns io n, in th e co un try in which lem faced only by Lida’s father. The Greek Ombudsman, responding to a relevant complaint by
equiva
his taxes. Why can’t he get the G2RED, has pointed out that “the criterion of years of residence is unfamiliar to the Greek insur-
ed a nd wor ke d fo r al l th es e years?” ance system”. Therefore, the provision on the obligation to complete 40 years of permanent lawful
he’s liv
residence in Greece needs to be amended, taking into account the legal gap of the 1990s and the
later institutional issues in maintaining lawful residence in the country. And this should be done
immediately, because it constitutes unequal treatment on the basis of origin among retirees, who
have paid equal contributions to the insurance system.INSTITUTIONAL GAPS | ACCESS TO SOCIAL RIGHTS
DISABILITY ALLOWANCE
In accordance with the conditions set by the Organization for Welfare Benefits and Social Solidarity
Maya’s story (greek abbreviation: ΟPΕΚΑ), third-country nationals entitled to disability benefits, are holders of a
m e to A th e n s fr o m Georg ia, residence permit for humanitarian reasons, as well as those who have permits as family members
a a n d I’ m 2 9 y e a rs old. I ca of Greek citizen or EU citizen. This, in practice means that holders of any other residence permit
“My na m e is May y e a rs , I hold a
rents. All th e la s t fe w (e.g., long-term, or ten-year or second generation residence permit) with a disability are excluded
e a rs o ld w it h m y p a
when I was 12 y m s in re lation to
from access to this allowance. To claim it, they need to convert the type of permit they hold into a
as b u rea u c ra t ic p ro b le
n re s id e n c e p e r m it, residence permit for humanitarian reasons. The latter is a short-term residence permit (1 year) and
second generatio fo r c itizensh ip
e a d li n e to fi le most importantly, does not provide the same, strong residence guarantees to its holders, as the
s , c a u s e d m e to m iss the d
school certificate s c a r a ccident,
other permits do.
ctober I h a d a s e r io u
a tt e n d a n c e . L a s t O
b a se d o n s c h o o l th e n , my whole
my low e r b o d y . S in c e The restrictive conditions set by OPEKA seem to completely ignore the social reality: there are
a n 8 2 % d is a b il it y in
wh ich brought on d a n d w h e n my
people such as Maya, who have been lawfully living in Greece for decades and yet are not enti-
I a m no lo n g e r in s u re
. I s to p p e d w o r k in g , tled to disability benefits, when this is the most necessary to sustain their basic living. In addition,
life has cha nged n e fi ts , she was
a pply fo r d is a b il ity b e OPEKA’s conditions are completely ignorant of the national legislation, since the Immigration and
w e n t to O P E K A to
m other recently g ib le if I have a
Social Integration Code foresees equal access to social protection for all third country nationals
I a m o n ly e li
a m n o t e n t it le d to it , b e c a u se lawfully residing in Greece, without exceptions.
inform ed that I s e d . F o r m e, th is
so n s . I w a s v e ry c o n fu
fo r h u m a n it a r ia n re a
res idence perm it p le . I h a ve b e en
b u rd e n my o w n p e o
e o n ly w a y n o t to
a llowa nce wou ld be th d a y I c a n ’t g et
- te r m perm it a n d o n e
a rs . I h a v e a lo n g
liv ing here a ll these ye
im p o rta n t a ll o w a n c e ?”
su c h a nINSTITUTIONAL GAPS | ACCESS TO SOCIAL RIGHTS
LONG-TERM UNEMPLOYMENT BENEFITS
Anastas ia’s story
According to the current legislation, only Greek citizens and citizens of the European Union Mem-
ber States are beneficiaries of the long-term unemployed allowance provided by the Labour Em-
I li v e p e r m a n e n tl y in Greece, ployment Organization (greek abbreviation: OAED). In order to claim it, beneficiaries must be reg-
ta s ia , I c o m e fr o m R uss ia a nd istered as unemployed in the OAED, must have completed a continuous year of unemployment for
“My na m e is Anas I g o t fi red fro m
0 yea rs. A t o n e p o in t, 12 months and their annual family income must not exceed 10.000 euros. Most types of residence
P e t ro s fo r th e la st 2
w ith my h usba nd th e r jo b for two
permits in Greece depend directly on the existence of dependent work. In other words, most immi-
I was loo k in g fo r a n o
r k e d fo r , a n d w h il e grants in the country must work anyway to be able to reside lawfully. However, there are residence
the co m pa ny I wo e t a n a llowa nce
that so m e o n e c a n g permits that are not dependent on work, such as permits of family members of a Greek or EU citi-
fi n d o n e . I h a d h e a rd
yea rs, I cou ld not th e O A ED. So,
zen. Thus, the allowance excludes someone who, while living lawfully in the country, at some point
g iste re d w it h
fo r m o re th a n a y e a r a nd is re found themselves in a state of long-term unemployment.
when u nem ployed . T h e n , I fou nd
s a ry to a p p ly
o u t th e d o c u m e n ta t ion neces
I went to ask a b m s t il l try ing to
The reason unemployment is not taken into consideration, as in Anastasia’s case, is the type of
v e th is r ig h t. I’
e k a n d E u ro p e a n c itizens ha residence permit she holds. The exclusion of immigrants from the long-term unemployment bene-
out that on ly Gre a m e w ay...”
w le dg e d th e s fits is, first of all, contrary to the provisions of the Code of Migration and Social Integration. Accord-
y u n e m p lo y m e n t is n ot a ckno
figu re out why m ing to the Code, the national provisions on social protection should also apply to lawfully residing
third-country nationals. Moreover, the social reality of recent years -that has been characterized by
a generalized crisis and a deep recession of the economy- is ignored. So, people, who live in the
country, are left exposed due to institutional gaps.ADMINISTRATIVE OPERATIONAL ISSUES
ONLINE PLATFORM FOR RESIDENCE PERMITS
Olga’s story The Ministry of Migration and Asylum has proceeded in setting up an online platform (e-appoint-
ment), through which immigrants can book an appointment to receive or renew their residence
permit from the Immigration Services. This platform is very late in its implementation and is not
e a nd I am 5 1 ye ar s ol d. M y per-
om Ukra in
“My na m e is Olga, I co m e fr
fully operational for the immigrant. To this day, in fact, there is no other language choice than that
as ki ng in w ha t w ay I co ul d rene w it, of Greek, which implied negligence in relation to the language needs of the population to which it
d been
m it expired on July 22nd. I ha is addressed.
at fo rm to op en , in or de r to make a n
for the pl
as everyone told m e to wa it
m in e ca lle d m e in ea rl y A ug ust a nd According to an earlier announcement of the Ministry, its operation would have started on
friend of
appo intm ent through there. A 25/02/2020, however for “unforeseen technical reasons” it finally started operating on 19/06/2020,
in g. I tr ie d to fi nd th e w eb address,
d operat
inform ed m e that it ha d starte
initially only for appointments for the delivery of prepared permits. On 31/07/2020, the option of
ge op ti on w as G re ek … I ha d a ha rd scheduling an appointment for the renewal of residence permits as well as the original granting to
ly la ngua
to enter a nd to reg ister. The on a minor child, was added to the platform. However, due to the lack of planning and prioritization of
w as as ki ng a nd al l th e ot he r su pple-
platform
tim e understa nding what the
renewals based on the expiration date of the licenses, the appointment slots available, at least in
m y de ta ils m or e th a n 10 tim es, but Attica, were exhausted during the first days of the platform’s operation. On 21/10/2020, in a de-
entering
m enta ry instructions. I tried layed attempt to prioritize the renewals, the platform gave available appointment dates again, only
di d no t kn ow w ha t to do . M y friend
clined. I
ea ch tim e they kept getting de
for those residence permits that had expired from 01/12/2019 until 30/06/2020. The procedures
r a n ac co un ta nt or a la w ye r to co m e were partially restored, for 16 days, until the second lockdown on 07/11/2020, when the sched-
nd pay fo
told m e that I shou ld consult a uled appointments for permits’ renewal were finally postponed. Thus, the initial lack of scheduling
lf. I ha d no m on ey fo r su ch a th ing.
my be ha of the platform’s appointments, combined with the second lockdown, have already created de-
in a nd make a n appo intm ent on
ig hb or ’s da ug ht er , w ho is a student lays and insecurity for immigrants, who are unable to find available appointments.
at my ne
Finally, I was lucky enough th
m e. O f co ur se , th e su ff er in g did not
, helped Olga’s story is indicative of the ongoing suffering and insecurity experienced by immigrants trying
a nd is fa m iliar w ith tech nology
is te re d, a nd ev er yt hi ng se em ed to be to process their residence permits through this platform. Procedures that are crucial to ensuring
rm, reg
end here. We entered the platfo their lawful residence. And while they are trying to fulfill their obligations on time, the state does not
t sl ot to bo ok . E ve ry da y si nc e, I enter provide them with the essentials, that is, a functional and simplified electronic system comprehen-
intm en
set but then there was no appo sible and accessible to all.
e te xt ap pe ar s, ‘N o da te s av a ila ble’.”
the platform where the sa mADMINISTRATIVE OPERATIONAL ISSUES | DYSFUNCTIONS DUE TO COVID-19
ALTERATIONS IN THE WAY SERVICES OPERATE
Hassa n’s story During the first wave of the COVID-19 pandemic, it was decided to suspend the reception of the
public in the Directorates of Foreigners and Immigration (greek abbreviation: DAM) of the Decen-
tralized Administrations of the country, as well as in the Directorate of Immigration Policy from
ak is ta n. I ha ve be en liv in g in Athens
from P
“My na m e is Hassa n, a nd I am
12/03 to 15/05/2020. The interruption of the services in combination with the subsequent lack of
d he re , I ap pl ie d fo r as yl um , which planning during the reopening of the DAMs caused serious consequences and delays in the ser-
as I arri ve
for the last 9 years. As soon vice of the immigrants.
e th en Ι ha ve be en un do cu m ented.
a nd sinc
a fe w years later was rejected
s, I w en t to th e ‘P er ip he ri a’ (a dm in- First of all, the initial provision of the Ministry of Immigration and Asylum for the possibility of deliv-
r 7 year
After having lived in Greece fo ering the residence permits that were ready by courier services, was at last, never implemented.
nc e pe rm it fo r ex ce pt io na l reasons.
a reside
istrative division) to apply for
When the services operated again in early June, they were open to the public with exceptional ap-
en t da te d 1.5 ye ar s la te r, J une 18, pointments, only for specific cases (re-issuance of a permit due to theft or loss, initial issuance of
appo intm
They gave m e a pa per for a n visa-dependent permits, renewal after receiving a decision to grant an expired permit). At the same
th e da y I co ul d su bm it w ou ld co m e. In
ion, until
2020. I wa ited w ith a nticipat
time, the Ministry’s new online platform was very slow in becoming operational and so, the first
so th at it in cl ud ed al l th e do cu m ents appointments for the delivery of permits were booked at the end of June, while the first renewal
my file,
the m ea ntim e, I was preparing appointments, at the end of July 2020.
al l th es e ye ar s. W he n th e co ronavi-
g status
that proved my perma nent liv in
th e ‘P er ip he ri a’ cl os ed a nd no longer In addition, another key issue has been the lack of a common and uniform operation of the rele-
out that
rus pa ndem ic started, I found vant services in the country, which resulted in two-speed service provision in Attica and the other
de ri ng if I am th e lu ck y on e beca use
am won regions. The peak of this differentiation is that in Attica, from March 2020 until January 2021, the
accepted people. Eventua lly, I
w n. T he da y fi na lly ar ri ve s, a nd I am scheduling of appointments as well as the submission of supporting documents for the residence
e lockdo
I ha d a n appo intm ent after th permit for exceptional reasons was completely frozen. The second lockdown in November 2020
re th e se cu ri ty gu ar d at th e entra nce
ing, whe increased the intensity of the already existing delays, after a new partial suspension of services.
go ing there ea rly in the m orn
e no lo ng er va lid a nd no th in g else was
ents ar
informs m e that these appo intm Hassan’s story is not an isolated case. Therefore, the digitization of all procedures for residence
ng ev er yw he re fo r m or e in fo rmation. permits must proceed and be completed immediately, including the submission of electronic ap-
en aski
sa id. Since that day, I have be plications and supporting documents. In fact, the total restoration of the procedures for the res-
po ss ib ili ty to m ak e a su bm ission for
ere is no
Those who know cla im that th idence permit for exceptional reasons in the services of Attica is absolutely urgent. For almost a
on s in A tt ic a. S o m a ny m on ths have year, due to this omission, an Immigration Code provision was not applied and the right of thou-
iona l reas
a residence perm it for except sands of immigrants to access lawful residence has been substantially violated. For this reason,
da te . I do no t kn ow ho w m uc h longer
for a n up
passed, a nd I am still wa iting we submitted a Complaint to the Greek Ombudsman calling for his intervention.
a nd go in g to sl ee p w ith th e fear of
aking up
I w ill be left undocu m ented, w On 21/01/2021 Attica’s DAMs in a joint publication, announced the reopening of appointment’s
be ing deta ined by the police.”
requests via email. In this upcoming period, we are expecting to see how this new process will
work in practice and how many immigrants will be served due to the huge volume of requests.ADMINISTRATIVE OPERATIONAL ISSUES | DYSFUNCTIONS DUE TO COVID-19
EXTENSIONS OF EXPIRED RESIDENCE PERMITS
In the period starting from 30/03/2020 to 14/07/2020, three extensions of residence permits were
Ardit’s story
provided, due to the suspension of the public reception in the Directorates of Foreigners and Im-
yea rs migration due to the COVID-19 pandemic. In the first extension, the residence permits that expired
a m e fr o m T ir a n a 14
rd it a n d I a m 4 7 y e a rs o ld. I c between 11/02/2020 and 12/05/2020, were extended for 5 months from their expiration date. In
“My na m e is A a re s idence
v e r s in c e . I h a v e the second extension, the residence permits and the blue certificates that expired from 01/12/2019
e d in A th e n s w it h m y fa m ily, e
ago a nd I have liv s h a v e ob-
until 30/06/2020 were extended until the end of the year (31/12/2020). In the third extension the
tw o y o u n g s o n
n d e n t w o rk , th ro u g h wh ich my residence permits and the blue certificates with expiration dates from 20/07/2020 to 31/12/2020
perm it for depe ly 5 th . We
s ex p ire d o n J u were extended for 8 months from their expiration date. Although the enforcement of these meas-
e p e rm it s . A ll o f o u r 3 perm it
ta in ed res idenc n d o u t that
ures was inevitable due to the pandemic, the lack of timely planning of the extensions and their
te n s io n . W e fo u
s e e w h a t w il l h a p p e n w ith the ex problematic administrative implementation revealed a series of obstacles for both government
were wa iting to ti l th e end
ld b e ex te n d e d u n agencies and the immigrants themselves.
it , w h ic h ex p ire d in M a y , wo u
my w ife’s perm h e d on the
c e s a n d w e s e a rc
a s k e d fr ie n d s a n d a c qua inta n Initially, there was a peculiar time gap between the last two extensions: residence permits that ex-
of the yea r. We a rn ed fro m
. O n J u ly 2 2 , I le pired from 1 to 19 July 2020 were not extended. Therefore, only the holders of these permits had
e c o u ld n o t fi g u re o u t a nyth ing
intern et, b ut w s ren e wed
to renew them normally and within the deadlines set by law, to ensure lawful residence. The main
e e n d o f J u ly , w a
is p e rm it, w h ic h ex p ir ed at th problem, however, especially at the first period that the extensions were decided, was the poor
a friend that h w ou ld be
I th o u g ht th a t o u rs interconnection and relevant information exchange between the ministries and their respective
m o n th s . I w a s h a p p y b e c a u se
for a nother 8 o u r perm its
services. Immigrants whose residence permit or blue certificate has formally expired or is about to
a fe w d a y s la te r,
e ll. H o w e v e r, a s it tu rn ed out expire, face a number of difficulties in dealing with public and private entities, because they do not
extended as w m a il to the
d ia te ly s e n d a n e know about or do not recognize the extensions. Another serious consequence is that immigrants
n d e d a n d s o I h a d to im m e
were n ever ex te with permanent lawful residence in Greece were trapped abroad, as their residence permit expired
e v e r u n d e rs to o d w h y a ll th is
in tm e n t fo r re n e wa l. I n during the flight ban period.
DA M, to book a n a p p o
confus ion ha ppen ed!”
Ardit, like many other immigrants, experienced the absurdity caused by the poor organization
of the extensions. In addition, due to the second lockdown renewals are not taking place. On
23/12/2020, a new extension was set for the residence permits that expired at the beginning of
2020 and for those that expire by March 2021. This time, the provision was adopted by law, while
for the first time the possibility of electronic issuance of a certificate of extension of residence per-
mits and blue certificates was provided in order to facilitate the transactions of immigrants with
public services. In any case, successive extensions are not the solution, but part of the problem.
Due to the ongoing pandemic status quo, it is necessary to immediately implement an operational
renewal system, so as not to intensify the inconvenience of the immigrants. That is why it is more
crucial than ever, to extend the digitization of all procedures related to the request for residence
permits!ADMINISTRATIVE OPERATIONAL ISSUES
SERVICES: UNDERSTAFFING - INFRASTRUCTURE
Ma ria m’s story The understaffing of the Foreigners and Immigration Directorates (greek abbreviation: DAM),
due to the continuous departures of many employees, is a serious issue, which causes extreme
e pe rm it, I ge t a fe el in g of de spa ir delays in serving immigrants’ requests. Specifically, in DAMs of Attica the existing staff is so
y residenc
“Every tim e I have to rene w m insufficient, that it is impossible to process the applications related to immigrants’ residence
ic e w hi ch -a s al w ay s- w ill be a dis-
the serv
beca use I know that I w ill go to
permits within a reasonable time period. The reduction of the Directorates’ staff is caused by
e si tu at io n a nd it w ill be un ce rta in, if the state’s insufficiency to provide and support enough positions, anyway. In addition, many
set w ith th
aster, the em ployees w ill be up current public servants choose to be transferred to other public services. Apart from the under-
y or if I w ill ha ve to go ba ck aga in
the sa m e da
I w ill ma nage to be served on staffing issue, several services in Attica are housed in unsuitable building infrastructures for the
b. A ls o, w he ne ve r I ha ve ap pl ied for needs of their work. In particular, DAMs are facing inadequacy of space, in relation to the num-
om my jo
a nd lose a nother da ily wage fr
d on ti m e, I al w ay s m us t w a it for ber of served immigrants, while some Directorates even share the same building, which causes
ver arrive
the residence perm it, it has ne difficulties in the proper operation of the services and therefore, in the suitable service provision
I ha d to w a it fo r m or e th a n a year
so m etim es of the public.
m onths, at the best case, a nd
a nc e of th e re si de nc e pe rm it.”
for the is su In order for the thousands of “Mariams”, who have been lawfully and permanently living in the
country for months, even years, to not have to wait to receive the permit they are entitled to,
DAMs must first be staffed with the necessary number of employees. Next, a minimum staff
threshold needs to be set, so that services can be operational in a way that does not infringe on
employees’ right to mobility. Finally, provision should be made for the relocation of Directorates
to more appropriate structures.T : +30 213 088 4499 A : Eleftherias Square 14, Athens 10553 W : info@g2red.org W : http://g2red.org/
You can also read
