Greece has chosen to apply Article 18 (4) (declaratοry scheme) of the Withdrawal Agreement (WA) for the residence status of UK nationals, their family members and other persons in the Greek territory.
According to Article 18 (4) of the Agreement, «Where a host State has chosen not to require Union citizens or United Kingdom nationals, their family members, and other persons, residing in its territory in accordance with the conditions set out in this Title, to apply for the new residence status referred to in paragraph 1 as a condition for legal residence, those eligible for residence rights under this Title shall have the right to receive, in accordance with the conditions set out in Directive 2004/38/EC, a residence document, which may be in a digital form, that includes a statement that it has been issued in accordance with this Agreement.».
In the declaratory scheme:
a) the WA beneficiaries have the right to receive, upon request, the residence document that includes a statement that it has been issued in accordance with the WA.
b) holding the residence document is not a pre-condition of legal residence for the WA beneficiaries in the Greek territory. The WA beneficiaries reside legally in the Greek territory and enjoy the rights provided for in the WA, by the simple fact of fulfilling the conditions set out in this Agreement.
c) the residence document is issued in accordance with the conditions set out in Directive 2004/38/EC.
It is understood that, in the declaratory scheme (according to Directive 2004/38/EC), residence status is automatically granted directly to the beneficiaries and does not depend on the completion of administrative procedures.
However, Greece encourages all the Withdrawal Agreement beneficiaries to visit the competent Authorities, apply and obtain the residence document under article 18 par. 4. The holding of this document will facilitate their daily life and is an important factor to avoid burdening them with administrative procedures.
In addition to that, Νo. 4000/1/113- α’/14-10-2020 Joint Ministerial Decree of Ministers of Citizen Protection and Migration and Asylum was published in the Government Gazette on 19-10-2020, for the definition of the competent authorities for issuance of residence documents, for UK nationals and their family members, as well as specific issues for the implementation of the Withdrawal Agreement of the United Kingdom from the European Union.
For more information, please see below.
What does apply to the residence documents under article 18 (4) of the Withdrawal Agreement?
Which are the competent fingerprinting authorities and what procedure is followed for this purpose?
Information on partners in a durable relationship
What does apply to the continuity of residence under the Withdrawal Agreement?
Loss of Withdrawal Agreement beneficiary status
What does apply to the Special Certificate of Legal Residence? In which cases is it granted?
