Greek law 4251 2014 en residence permits

Page 42

1344

GOVERNMENT GAZETTE (SERIES A)

workers, these shall also apply to highly qualified employment, provided that the salary determined shall not be less than the minimum salary referred to in paragraph 1(b), as published each time, subject to application of the other terms contained therein. 3. This Article shall be without prejudice to the applicable collective agreements or practices in the relevant occupational branches for highly qualified employment. Article 112 Determining the volume of admission of thirdcountry nationals for the purposes of highly qualified employment The provisions of Article 11 shall apply for determining the volume of admission of third-country nationals for the purposes of highly qualified employment. Article 113 Application for the EU Blue Card

1. A third-country national applying for an EU Blue Card in Greece pursuant to the procedure set out in Article 126 shall lodge the application after his entry to the country and before expiry of the visa issued for the purposes of highly qualified employment. Applications for the issue and renewal of EU Blue Cards shall be lodged with and processed by the competent directorate to the Ministry for the Interior, and the relevant decisions shall be issued by the Minister for the Interior. The agencies of the decentralised adminstrations responsible to receive applications of third-country nationals for the issue and renewal of EU Blue Cards and to issue the relevant decisions, and any other detail, may be designated by decision of the Minister for the Interior. 2. The application for an EU Blue Card shall be accompanied by the requisite supporting documents, also under the conditions of Article 111. The arrangements of Article 132 shall apply accordingly. 3. In case where the supporting documents filed with the relevant application are incomplete, the competent agency shall notify the applicant in that respect and set a deadline of one month for the submission of the additional details. 4. A third-country national who has timely applied for an EU Blue Card with all requisite supporting documents shall be issued with the lodging certificate referred to in Article 8, attesting that he legally resides in the country for the duration of its validity. If a rejection decision is issued, the certificate shall automatically cease to be valid. 5. The competent agency shall process the application with all supporting documents and, where the conditions of Article 111 are met, shall deliver a relevant decision on the issue of the EU Blue Card within 90 days at the latest from the date it received all supporting documents. 6. The relevant decisions shall be communicated to the applicant in writing, in accordance with the notification procedures set out in this Code. In case of a decision rejecting an application, a decision not to renew or to withdraw an EU Blue Card, the relevant decision shall specify the legal and factual reasons and information about the possible redress procedures available and the time limit to take action.

Article 114 Issue and renewal of the EU Blue Card 1. A third-country national who has applied and fulfils the requirements set out in Article 113 and to whom the reasons referred to in Article 115 do not apply shall be issued with an EU Blue Card. 2. The EU Blue Card shall be valid for two years. If the work contract covers a period less than this period, the EU Blue Card shall be issued for the duration of the work contract plus three months. 3. The EU Blue Card shall be issued by the competent agency using the uniform format laid down by Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, as in force, and shall read the requirements for labour market access. Under the heading ‘permit category’, the residence permit shall read ‘EU Blue Card’. 4. During the period of its validity, the EU Blue Card shall entitle its holder to: a) enter, re-enter and stay in Greece; b) the rights recognised in this Chapter. 5. Renewal of the EU Blue Card shall require that the third-country national lodges an application with the competent agency before expiry of the Card, along with all supporting documents required. The competent agency shall consider the application and where the requirements set out in Articles 111 and 113 are met and the reasons referred to in Articles 115 and 116 do not apply, it shall issue a decision on the renewal of the EU Blue Card for three years. If the work contract covers a period less than this period, the EU Blue Card shall be renewed for the duration of the work contract plus three months. Article 115 Rejection of application for an EU Blue Card 1. An application for an EU Blue Card shall be rejected whenever the applicant does not meet the conditions set out in Article 111 or whenever the documents presented have been fraudulently acquired, or falsified or tampered with, also in accordance with Article 24. 2. An application for an EU Blue Card shall be rejected if: a) the maximum number of posts determined by the joint ministerial decision referred to in Article 11 for third-country nationals for the purposes of highly qualified employment has been reached; b) the employer has been sanctioned in conformity with the applicable law for undeclared work and/or illegal employment. 3. An application for an EU Blue Card may be rejected in order to ensure ethical recruitment in sectors suffering from a lack of qualified workers in the countries of origin. Article 116 Withdrawal or non-renewal of the EU Blue Card 1. An EU Blue Card issued on the basis of this Chapter shall be withdrawn or shall not be renewed in the following cases: a) when it has been fraudulently acquired, or has been falsified or tampered with; b) wherever it appears


Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.