The Special Certificate of Legal Residence is granted pursuant to Article 8 of Joint Ministerial Decision No. 4000/1/113-a’ from 14.10.2020, in cases where a suspension decision or temporary order is issued to suspend administrative decisions concerning the rejection of an application for the issuance or renewal of a residence permit, or the revocation of an already granted residence permit. This certificate remains valid until a court decision is issued on the temporary suspension or order, and the previously held valid residence permit is withdrawn.
This certificate is also granted in cases where the application for issuance or renewal of a residence permit has been rejected due to non-fulfillment of legal conditions, existence of grounds of public policy or public security, abuse of rights, or fraud, or where a residence permit has been revoked for the same reasons, and until the appeal request is examined by the competent police authority.
The same certificate is also granted to those who are subject to a restrictive condition of appearing before an investigating judge or another authority (Article 282 of the Code of Criminal Procedure), or are prohibited from leaving the country, or are released on parole, for the period of such conditions.
Regarding the aforementioned certificate, it is noted that:
- there is an indication that its holder enjoys all the rights provided for in Part Two of the Withdrawal Agreement for the period of its validity.
- it is an official document and is accepted by all Public Administration Authorities.
- is valid for one (1) year and is renewed for the same period until the final decision on the appeal or the pending application for annulment is issued and upon submission of a certificate from the competent Court.
- it can be showed to border guards at the external Schengen borders to prove that the holder has the right to reside in the Schengen area without internal border controls and as a result, no visa is required (except in cases where restrictive conditions have been imposed, such as a ban on leaving the country).
In the event of a rejection decision on the appeal or the application for annulment, this certificate is automatically ceased to be valid and is withdrawn.
