Difference between revisions of "ΔΔ:Acquisition of Greek nationality upon recognition"

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|process_provided_to=Foreigners,Nationals living abroad,Parents
 
|process_provided_to=Foreigners,Nationals living abroad,Parents
 
|process_tax_type=Decisions
 
|process_tax_type=Decisions
|process_life_events=Third-country nationals (Citizens of other States)
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|process_life_events=Citizens of other States
 
|process_sdg_resource=Other
 
|process_sdg_resource=Other
 
|process_sdg_resource_other=Special Administrative Appeal
 
|process_sdg_resource_other=Special Administrative Appeal

Latest revision as of 21:29, 3 November 2024



4f9c15ec-e5e5-4e60-b749-2085ee56bfe9 471746 Κτήση Ελληνικής Ιθαγένειας με Αναγνώριση

At a glance

Digital provision points

  • The service is not provided digitally

Number of required documents

5 to 7

Fees

Provided without cost

Estimated Time

18 months

Description

The procedure involves acquisition of Greek nationality upon recognition and concerns any foreigner who was born out of wedlock and was legally recognised as the child of a Greek father. Such foreigners are granted Greek nationality if they are minors at the time of recognition. The date of acquisition of Greek nationality is deemed to be either the date on which the notarial act of recognition was drawn up or the date on which the judicial act of recognition became de jure non-appealable. If the recognition took place after the child attained the age of majority, the procedure for naturalisation of expatriates can take place (https://www.ypes.gr/g-g-ithageneias/diadikasies-ktisis-e-i/politografisi-omogenon)

Basic information

Competent body

MINISTRY OF INTERIOR

Authority/Public body’s Unit responsible for the institutional framework of the procedure


Related links


Last update

03/11/2024

Application

Application Type

Application

Submission by:

Submitted by the applicant (in person or by post)

Submitted by:

Persons

Title

Application for determination of nationality due to recognition by a Greek father

Notes:

The application is filed by the father and/or the mother when the child is a minor or by the child themselves when they attain the age of majority, provided recognition took place while they were a minor. Where the application is filed with a Greek consular authority abroad, a consular fee may apply in accordance with the provisions of Presidential Decree 16/2014 on Consular Fees and Royalties.

What you will need

Means of authentication, identification and signature

Identification document

    Print

    Requirements

      Fees

        Related


        Means of redress or appeal:

        Other Special Administrative Appeal

        Rules concerning a lack of reply from the competent authority and the legal consequences for the use:

        Tacit rejection

        Under Article 45 of Law 4604/2019 (Government Gazette, Series I, No 50), as amended by Article 37 of Law 4674/2020 (Government Gazette, Series I, No 53): A special administrative appeal under Article 8 of Law 3200/1955 (Government Gazette, Series I, No 97) may be lodged with the Minister of Interior against decisions issued by the Regional Directors of Nationality and decisions issued ‘pursuant to authorisation’. The appeal lodged in accordance with the foregoing must be accompanied by a fee receipt for EUR 100.

        Output & Results

        Output

        Decision

        Steps

          Digital steps

            Other information

            Alternative titles

            Acquisition of Greek nationality of a foreign minor due to recognition by a Greek father

            Official title

            Acquisition of Greek nationality upon recognition

            Languages supported

            Greek, English

            Registries updated

            Ολοκληρωμένο Πληροφοριακό Σύστημα Ιθαγένειας

            Legislation

              Categories

              Τype of procedure

              Trigger

              Applied for

              Trigger (submission method)

              Application (handwritten)

              Type

              Outgoing
              D5

              ,,


            • 1 Family The person concerned must be a child of a foreign mother and a Greek father born out of wedlock, i.e. there must be no ‘presumption of being born in wedlock’ as provided for in Article 1465 of the Greek Civil Code.


              No No

            • 2 Citizenship The person concerned must not have acquired Greek nationality by any other lawful means prior to recognition, i.e. they must be foreign nationals.


              No No

            • 3 Age The child acquiring Greek nationality must not have attained the age of 18 by the date they are recognised as the child of a Greek father.


              No No

            • 4 Citizenship The recognising father must hold Greek citizenship at the time the recognition takes place.


              No No

            • 5 Administrative The act of recognition must be valid under Greek law, with such validity determined in accordance with Articles 11 and 20 of the Greek Civil Code.


              No No

            • 1 A police-issued ID card Police Identity Card

              A police-issued ID card

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: Required if the application is filed by the Greek father.

              Document submitted under requirements: Yes

              Document’s requirement: Administrative

              No 1860

            • 2 Birth certificate of the foreign child. Registry certificate

              Birth certificate of the foreign child.

              Relevant link: https://www.gov.gr/ipiresies/oikogeneia

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: If the child was born in Greece, a birth certificate drawn up by the competent Greek authorities must be submitted.

              Document submitted under requirements: No


              No 1275

            • 3 Birth certificate issued by a foreign authority Certification

              Birth certificate issued by a foreign authority

              Relevant link: https://www.gov.gr/ipiresies/oikogeneia

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: If the child recognised was born outside Greece, a birth certificate issued by a competent foreign authority must be presented, with the original document bearing legal certification (Apostille or the corresponding certification of consular authorities in the case of a country that has not ratified the Hague Convention), accompanied by an official translation. The foreign birth certificate may function as an act of recognition, in which case a recognition report will be drawn up by the competent consular authority.

              Document submitted under requirements: No

              Alternative document of: 2

              Yes 8619

            • 4 A voluntary recognition act drawn up before a notary public, whereby the Greek father recognises the child as legitimate with the consent of the foreign mother. Notarary document

              A voluntary recognition act drawn up before a notary public, whereby the Greek father recognises the child as legitimate with the consent of the foreign mother.

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: In the case of voluntary recognition, a notarial recognition deed must be produced, drawn up in accordance with the provisions of Article 1475 of the Greek Civil Code on voluntary recognition. If the child is recognised after they have attained the age of three, the foreign mother must hold a lawful residence permit in order for the notarial recognition deed to be drawn up.

              Document submitted under requirements: No


              No 3139

            • 5 A court judgment recognising paternity Rule

              A court judgment recognising paternity

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: In the case of a decision handed down by a Greek court whereby the Greek father is recognised as the biological father of the minor child, a copy of the recognition judgment must be produced, accompanied by a certificate confirming that it has become de jure non-appealable. If the recognition was effected pursuant to a judgment handed down by a foreign court which has become irrevocable, its res judicata must also be recognised in Greece.

              Document submitted under requirements: No

              Alternative document of: 4

              Yes 1127

            • 6 The Greek father’s certificate of municipal registration Certificate from a Local Government Organization

              The Greek father’s certificate of municipal registration

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: A certificate of registration in the competent municipal roll of the municipality must be produced, proving that the father held Greek nationality at the time of recognition.

              Document submitted under requirements: No


              No 7358

            • 7 Family status certificate of the foreign mother Certification

              Family status certificate of the foreign mother

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: The original of the certificate must bear legal certification (Apostille or the corresponding certification of consular authorities in the case of a country that has not ratified the Hague Convention) and be accompanied by an official translation. Production of the aforesaid certificate (or its alternatives) is necessary in order to verify whether the main requirement for the validity of the recognition is met, i.e. confirmation either that the child to be recognised is the child of an unmarried mother, or that the child was born in wedlock by their foreign mother but the presumption of their origin from this marriage has been rebutted.

              Document submitted under requirements: No


              No 8619

            • 8 Certificate of non-impediment of the foreign mother Certification

              Certificate of non-impediment of the foreign mother

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: The original of the certificate must bear legal certification (Apostille or the corresponding certification of consular authorities in the case of a country that has not ratified the Hague Convention) and be accompanied by an official translation.

              Document submitted under requirements: No

              Alternative document of: 7

              Yes 8619

            • 9 Solemn declaration of non-impediment of the foreign mother Declaration

              Solemn declaration of non-impediment of the foreign mother

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: Submitted by the foreign mother if it is objectively impossible to issue a certificate of non-impediment. If the solemn declaration is prepared in a language other than Greek, it must be accompanied by an official translation. The solemn declaration must be accompanied by a certificate, issued by the competent foreign authorities, duly certified and officially translated, on the non-issuance of a certificate of non-impediment or similar certificates

              Document submitted under requirements: No

              Alternative document of: 7

              Yes 9429

            • 10 Exact copy of the foreign mothers valid passport Travel Document

              Exact copy of the foreign mothers valid passport

              Submission by: Submitted by the applicant (in person or by post)

              Submitted by: Persons

              Notes: An exact copy of the foreign mother’s passport is required in order to confirm her particulars

              Document submitted under requirements: No


              No 4746

            • 11 Other proof of identity of the foreign mother Identification document

              Other proof of identity of the foreign mother



              Document submitted under requirements: No

              Alternative document of: 10

              Yes 2244

            • 12 Residence permit of the foreign mother Residence Permit

              Residence permit of the foreign mother



              Notes: This is required if the application to acquire nationality upon recognition is (also) submitted by the foreign mother to the competent Greek nationality service.

              Document submitted under requirements: Yes

              Document’s requirement: Administrative

              No 4178

            • Law 2 3284 2004 217 Α

              Description A foreign national who was born out of wedlock and was lawfully recognised as the child of a Greek father, in order to be fully assimilated to a legitimate child of their father, becomes a Greek national upon recognition, provided they are a minor at the time of recognition.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=20040100217

            • Law 2 1438 1984 60 Α

              Description A foreign national who was born out of wedlock and was lawfully recognised as the child of a Greek father or mother, in order to be fully assimilated to a legitimate child of their parent, becomes a Greek national upon recognition, provided they have not attained the age of 18 at the time of recognition.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=19840100060

            • Legislative decree 3 3370 1955 258 Α

              Description Any person who, before attaining the age of 21, has been recognised pursuant to voluntary or full judicial recognition as the child of a Greek father shall become a Greek as of the date of recognition.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=19550100258

            • Circular Φ.102744/71666 2007

              Description Acquisition of Greek nationality upon recognition


            • Circular Φ.102744/9509 2008

              Description Acquisition of Greek nationality due to recognition.


            • Presidential Decree 11, 20, 1475, 1479 456 1984 164 Α

              Description Articles 11 and 20 of the Greek Civil Code provide for determining the validity of voluntary recognition, while Articles 1475 and 1479 of the Greek Civil Code provide for the method of voluntary and judicial recognition.

              Legal references https://www.et.gr/api/DownloadFeksApi/?fek pdf=19840100164

            • 1 Application - issuance of reference number

              Responsible for Implementation Competent Department

              Μethod of Implementation Software action

              Description The application is filed with the competent Regional Directorate of Nationality of the place of residence of the applicants parents if they reside in Greece, or with the competent Greek consular authority if they reside abroad. The application is filed by the father and/or mother if the child is a minor and by the applicant themselves if they are an adult. The application receives a file number and is assigned to the competent department.

              Notes If the application is filed with a Greek consular authority, it will be sent in a diplomatic bag to the competent Regional Directorate of Nationality of the Municipality in whose municipal roll the Greek father is registered, and the aforesaid procedure will then be followed. If the application is submitted by a child who has become an adult, they may contact any Greek nationality service, depending on the Municipality with which they wish to register.

              No No


            • 2 Assignment to the rapporteur

              Responsible for Implementation Competent Department

              Μethod of Implementation Software action

              Description The file is assigned by the competent Head of Unit via the Nationality IIS to the competent rapporteur.

              No No


            • 3 Check of requirements

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              Description At this stage, a completeness check of the file and legality audit of the supporting documents submitted are carried out.

              Notes The competent rapporteur checks whether all the required documents have been submitted and whether the conditions for issuance of a decision on acquisition of Greek nationality due to recognition are met.

              No No


            • 4 Search for legal information or applicable law

              Responsible for Implementation Competent Employee

              Co-responsible for Implementation MINISTRY OF FOREIGN AFFAIRS

              Μethod of Implementation Software action

              Description If the recognition took place in a country for which the Directorate-General for Nationality has no legal information available, correspondence with the competent Greek consular authority will take place to examine whether the recognition was lawfully effected in accordance with the legislation of the country where it took place, and whether its content is assimilated to the status of the child born out of wedlock to a legitimate child is full without being subject to a condition or deadline or to revocation, as required under Greek law in order to generate legal effects.

              Yes No


            • 5 Search for additional supporting documents

              Responsible for Implementation Competent Employee

              Μethod of Implementation Software action

              Description If the supporting documents submitted are incomplete or were to submitted according to the established procedure, correspondence will take place in order to have them produced in due form.

              Yes No


            • 6 Preparation of a draft decision

              Responsible for Implementation Competent Employee

              Μethod of Implementation Software action

              Description A draft decision on acceptance or rejection of the application for acquisition of Greek nationality is prepared.

              No No


            • 7 Signing of the decision

              Responsible for Implementation Competent Director

              Μethod of Implementation Manual Action

              Description The draft decision is signed by all the department officers (rapporteur, Head of Unit, Director).

              No No


            • 8 Issuance of a decision determining Greek nationality due to recognition

              Responsible for Implementation Competent Employee

              Μethod of Implementation Software action


              Yes No


            • 9 Dispatch of summary of the decision to the National Printing Office for publication

              Responsible for Implementation Competent Employee

              Μethod of Implementation Software action

              Description A summary of the decision is sent electronically to the National Printing House for publication in the Government Gazette.

              Yes No


            • 10 Publication of the decision on acquisition of Greek nationality in the Government Gazette

              Responsible for Implementation Co-competent Authority

              Co-responsible for Implementation NATIONAL PRINTING HOUSE

              Μethod of Implementation Software action

              Description A summary of the decision is published in the Government Gazette.

              Yes No


            • 11 Upload to DIAVGEIA

              Responsible for Implementation Competent Employee

              Μethod of Implementation Software action

              Description After it is published, the summary of the decision will also be uploaded to the website of the DIAVGEIA programme.

              Yes No


            • 12 Notice of acquisition of Greek nationality - Municipal Registration Order

              Responsible for Implementation Competent Employee

              Μethod of Implementation Software action

              Description A document is drawn up and sent to the competent Greek municipality ordering the registration of the recognised child in the municipal roll.

              Yes Yes


            • 13 Decision to reject the application

              Responsible for Implementation Competent Director

              Μethod of Implementation Manual Action

              Description Where the requirements are not met, a decision rejecting the application for acquisition of Greek nationality due to recognition will be issued.

              Yes No


            • 14 Notification of rejection decision

              Responsible for Implementation Competent Employee

              Μethod of Implementation Manual Action

              Description A copy of the rejection decision will be sent to the applicant and to all the stakeholders.

              Yes Yes


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