Greek Golden Visa & Cohabitation Agreements: A guide for international investors
For international investors looking toward Greece, the Greek Golden Visa is a primary route to European residency. Understanding how family law intersects with this program is essential for couples planning their transition together.
With legal updates as of 2024, Greece has modernized its framework, ensuring that all couples, including same-sex partners, can secure their rights and residency permits through clear legal pathways. Whether through a Greek Cohabitation Agreement (Civil Union) or the recognition of same-sex marriage, here is an overview of the current requirements.
The Greek Cohabitation Agreement: A streamlined path to residency
A Greek Cohabitation Agreement, established under Law 4356/2015, is a notarized contract providing union and legal protections. It is an efficient option for Golden Visa applicants (heterosexual and same sex couples alike) who wish to include a partner in their residency application, but do not have such an arrangement from their country of origin.
Key Procedures for a Civil Union in Greece
- Presence Required: Both parties must be present before a Greek Notary Public, typically in Athens, to sign the agreement.
- Documentation: Non-Greek ID holders must present passports with relevant entry visas or residence permits. A Greek address is necessary for registration, which can be your Golden Visa investment property or a rental.
- Registry Discretion: Local registry offices may request additional documents, such as birth certificates or proof of single status.
- Strategic Timing: If one individual is the primary investor, the cohabitation agreement must be finalized before the partner can join the Golden Visa program. For those planning to co-own property, establishing the agreement prior to the purchase is highly advisable.
Same-Sex Marriage recognition and Golden Visa eligibility
As of February 2024, Greece officially recognizes same-sex marriage. This landmark change directly benefits the Golden Visa program:
- Joint Eligibility: Same-sex spouses are now eligible to apply jointly for a Golden Visa using international marriage certificates.
- Document Validation: Marriage certificates issued abroad must be officially recognized, Apostilled (or legalized via a Greek Consulate), and translated into Greek by an accredited professional.
- Equal Rights: Same-sex couples now receive the exact same family reunification rights as opposite-sex couples under Greek immigration law.
Legal Implications: Financial relations and inheritance
While a Civil Union is an alternative to marriage, it carries specific legal provisions:
- Financial Independence: By default, assets remain separate. Each partner manages their own wealth unless the agreement specifies a different arrangement based on equality and solidarity.
- Inheritance Rights: Greek Civil Code regulations for married spouses apply by analogy. However, parties can choose to waive certain obligatory inheritance shares during the drafting process.
- Surnames: The agreement does not automatically change surnames, though mutual consent allows for the social use of a partner’s name.
- Termination: A civil union can be dissolved by mutual notarized agreement, unilateral declaration (with a three-month notice period), or if the parties decide to marry.
Eligibility requirements and legal restrictions
To enter a civil union in Greece, both individuals must possess full legal capacity. The law prohibits unions if:
- Either party is already married or in an existing civil union.
- The parties are close blood relatives or related by marriage within specific degrees.
- The relationship is between an adopter and an adoptee.
Secure your residency with Varnavas Law Firm
Navigating the intersection of family law and immigration requires precision to ensure your personal status aligns with your investment objectives.
Varnavas Law Firm is uniquely positioned to handle this process on your behalf. As experts in both Greek Real Estate and Family Law, our team provides a seamless one stop service – from drafting and notarizing your cohabitation agreement to the final filing of your Golden Visa application. We ensure every document is correctly legalized and registered, giving you peace of mind that your family’s future in Greece is legally secure.
Please contact our team for any inquiries about the Greek Golden Visa and how you can start your process.
