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GOVERNMENT GAZETTE (SERIES A)
public security. 2. The assessment of the reasons pertaining to public order and security in the country is a prerequisite for the examination of the request for a long-term resident status and the granting of the residence permit. 3. In order to reach the decision, the severity and the type of the crime committed against public order or public security are assessed, as well as the risks linked to the person in question, and the duration of his/her residence in the country and the existence of ties with the country are also taken into account. The refusal to grant a residence permit cannot be based on grounds related to general fiscal policy. Article 93 Withdrawal or forfeiture of long-term resident status 1. Long-term residents cannot maintain their status, in the following cases: a. Evidence shows that they have acted fraudulently to acquire this status. b. A return decision has been issued against them, pursuant to the provisions of Article 95. c. They have been away from EU territory for twelve consecutive months or more. d. They are a threat to public order, also taking into account the severity of the crimes they have committed, even if the threat they represent is not a reason for return within the meaning of Article 95. e. They acquired long-term resident status in another Member State of the European Union, in the context of exercising their right of residence in the other Member States under Directive 2003/109/EC. f. It is proven, in any way, that they were away from Greek territory for more than six years. g. An application for the renewal of international protection status is withdrawn or rejected pursuant to Articles 14 (3) and 19(3) of Directive 2011/95/EU. In cases of withdrawal or non-renewal of the international protection status of a holder of a long-term resident residence permit, the Asylum Service notifies the secretary general of the territorially competent decentralised administration. 2. If the long-term resident residence permit expires, it does not automatically result in the withdrawal or forfeiture of long-term resident status. 3. When the withdrawal or forfeiture of the status do not justify a return measure within the meaning of Article 95(1), the third-country national can apply on grounds other than the acquisition of long-term resident status, according to the provisions of this Code. In this case, the national visa is not required. The Asylum Service is notified in cases of beneficiaries of international protection, in order to re-grant them the residence permit of beneficiaries of international protection.
result of this status being granted in another EU Member State. 2. For the recovery of the status, the third-country national files an application to the body which had initially granted him/her long-term resident status, accompanied by the supporting documents laid down in the Ministerial Decision referred to in Article 136(1). 3. As to the remainder, the procedure laid down in Articles 90 and 91 is followed. Article 95 Return - protection from return 1. The return of a third-country national with longterm resident status is permitted under the provisions of Articles 16 to 41 of Law 3907/2011, when he/she represents a real and specifically justified threat to public order or public security. 2. The return decision cannot be based on grounds related to general fiscal policy. 3. When examining the reasons which justify the implementation of the measure of return to the longterm resident, the following are taken into account: a. The duration of his/her residence in the country. b. The effects on the resident and the members of his/her family. c. The ties with the country of residence or the absence of ties with the country of origin. d. The age of the interested party. 4. If the return concerns a beneficiary of international protection with long-term resident status, the Member State referred to in Article 90(6) is requested to confirm whether this person is still entitled to international protection in that state. If a Member State applies for the provision of such information, the Asylum Service must reply within a month after it receives the application. 5. If the long-term resident is still entitled to international protection in the Member State referred to in the comment of Article 5(4), he is returned to that state. Not withstanding the above, according to the country’s international obligations, the long-term resident may be returned to a country other than the Member State which granted him/her international protection, provided that he/she meets the conditions of Article 21 (2) of Directive 2011/95/EC. 6. If a Member State returns a third-country national, long-term resident granted international protection status in Greece, which is in force, the country, without prejudice to the implementation of European or national laws and the principle of family unity, immediately allows him/her and the members of his/her family to be readmitted to the country without any formalities. 7. This Article applies without prejudice to respect for the principle of non-refoulement according to the country’s international obligations.
Article 94 Recovery of long-term resident status
Article 96 Right of appeal
1. Third-country nationals who have forfeited longterm resident status may request its re-reinstatement in the following cases: a. They have forfeited the status due to absence from EU territory for a period greater than or equal to twelve consecutive months; b. They have forfeited the status in Greece as a
1. A decision rejecting an application for a long-term resident residence permit, withdrawing the residence permit or the decision for return must be justified. The decision is communicated to the interested party, who is notified in writing of the means of protection under this article and the period prescribed for their implementation.