Under Articles 53 et seq. of Law 5038/2023, Directive 2014/66/EU of the European Parliament and Council of May 15, 2014, was incorporated into the Greek legal framework, setting forth the conditions for the entry and residence of third-country nationals within the scope of intra-corporate transfers.

These provisions apply to third-country nationals who have either obtained an entry visa for the purpose of an intra-corporate transfer and are seeking to obtain a residence permit within Greece, or who have already been accepted into Greece as intra-corporate transferees in the roles of managers, specialists, or trainee employees. Law 5038/2023 and the relevant ministerial decision (Joint Ministerial Decision No. 95391/2024) establish a three-stage process for completing the residence permit application. The stages are briefly outlined as follows:

• Approval for Intra-Corporate Transfer Employment (by the One-Stop Service of the Ministry of Migration and Asylum):

The host entity applies with required supporting documents, including: 

1. a) proof that the host entity and the third-country business belong to the same company or group,
2. b) a copy of the host entity’s incorporation document,
3. c) an employment contract with the third-country business and a letter of assignment from the employer outlining specific responsibilities,
4. d) evidence of employment with the same business or group in the third country for at least twelve (12) consecutive months before the transfer date for managers and specialists, and at least six (6) consecutive months for trainee employees, and
5. e) a higher education degree or proof of relevant professional qualifications and experience suitable for the assigned role in the host entity.

• National Entry Visa (from the Greek Consulate):

Once employment approval for the intra-corporate transfer is granted, as described above, an application is submitted to the Greek consulate in the worker’s home country to obtain the required Type D visa.

• Issuance of Type E.2 Residence Permit (through an electronic process): 

After entering Greece, the third-country national seeking an intra-corporate transfer residence permit must apply for the permit before the expiration of the entry visa, submitting all legally required documents.

The duration of an intra-corporate transfer may not exceed three (3) years for managers and specialists and one (1) year for trainee employees. Upon the expiration of the period specified by the permit, transferees must exit Greece. However, by exception, managerial and skilled employees may apply for an “EU Blue Card” (highly skilled residence permit) if the requirements of Law 5038/2023 are met.

Finally, Law 5038/2023 provides that third-country nationals with intra-corporate transferee status enjoy the following rights: 

1. a) free access across Greek territory and the right to carry out the specific employment activity for which they have been permitted in any host entity in Greece belonging to the employing business or corporate group,
2. b) equal treatment with posted workers regarding terms and conditions of employment, and
3. c) equal treatment with nationals in terms of freedom of association, recognition of diplomas, certificates, and other professional qualifications, and access to goods and services offered to the public, except for housing acquisition procedures.

Maria Aikaterini Papadopoulou
Lawyer
LLM in History and Theory of Law, Law School of Athens, National and Kapodistrian University of Athens
LLM in Civil Law, Law School of Athens, National and Kapodistrian University of Athens
LLM in Commercial Law, Law School of Democritian University of Thrace