Residence Permit for Property Owners in Gree

A residence permit is an absolute necessity if one plans to spend a long time in Greece, to work or live in ones’ property there. We have investigated the finer details of what this involves and what the advantages are in securing one…

  A Greek residence permit for real estate owners is issued by Greek authorities and gives the right to reside legally in Greek territory for five years. The Greek Golden Visa program was launched in 2013 (Greek Law 4146/2013) and its beneficiaries are non-EU nationals who buy properties in Greece as well as their family members (spouses over the age of 18 years and unmarried children under the age of 18).

      An entry Visa is required to obtain a residence permit and the duration of the residence permit is five years. This can however be renewed for the same duration and for as many times as the applicant requests, provided that the property still belongs to the applicant or the lease is ongoing.

Conditions Necessary for a Residency Permit

a)      Non-EU nationals must own and possess a real estate property in Greece, or express a documented intention to purchase one.

b)       The minimum value of the property must be at least €250.000. When more than one properties are purchased, their total value and not the value of each property must be at least €250.000. In case of joint ownership, where the property costs €250.000, it is required that the owners be spouses with undivided ownership or each of the joint owners invested at least €250.000.

c)      Non-EU nationals can also buy land and build a home on condition that the cumulative value of the land and the contractual agreement of the building is at least €250.000.

d)      If the property is purchased through a legal entity, the investor must own the total shares of the legal entity.

e)      Non-EU nationals can also sign a lease of at least 10 years for hotel accommodations or furnished tourist residences. The minimum value of the lease must be at least €250.000.

Procedure

a)      Applying for an entry Visa (type C or D) for Greek Territory to the Greek consulate authority in the country of origin.

b)      Applying for a residence permit for real estate owners. The submission of the following documents is required.

Ø  Copy of the contract for the purchase of the property or properties

Ø  Attestation of the Notary confirming that the contract meets the conditions required by the law (art. 6 §2 of the Greek Law 4146/2013)

Ø  Proof of title transcription from the competent land registry

Ø  Certification by an insurance agency for medical, pharmaceutical and hospital care

Ø  In case that the property is purchased through a legal entity,  copy of the statute of the legal entity

Ø  In case that the property has not been purchased yet, foreigner’s intention to buy a property must be proved by documents (e.g. proof of financial means, copy of contract for agency’s brokerage services etc.)

Ø  In case of leasinghotel accommodations or furnished tourist residences, copy of the lease

-         Family members:

Ø  Certification by an insurance agency for medical, pharmaceutical and hospital care

Ø  Recent family status certificate issued by foreign authorities

 

Advantages the Greek Residence Permit

·        You can stay for 5 years without leaving. However It is flexible and there is no need to reside continually.

·        You win free movement in the Schengen area (EU Schengen Visa Travel: up to 3 months within a six month period)

·        Anyone who presently does live in Greece can use the education system and the health system. 

 

Limits of Residence Permit

·        Citizenship requires residency but having a residence permit does not secure citizenship.

·        It does not give the right to work (no work permit).

In conclusion, if ones aim is, with very little beaucratic effort, order to enjoy the life in a European country of great historical culture and a fantastic climate and be free to travel without a visa in the other Schengen regions, this may be the opportunity of your dreams…

Kaska Law
Why not try Mediation? A quicker and less expensive resolution…

Mediation has been recognized by the Turkish legal system (Turkish Mediation Act on Civil Disputes dated  "theAct" or  "the Mediation Act" entered into force on 23 June 2013 ) and may be interpreted for our clients as

"…a voluntary disputere solution method implementing systematic techniques, enabling a communication process between parties and bringing them together for the purpose of negotiating, reaching an understanding and creating their own resolution’’

The advantages of which are pretty apparent;

  • Alternative but Legally founded out of court resolution
  • Costs considerablyless, court and attorney fees are exonerated and any on going case is postponed. One mediator represents both parties.
  • Time saved
  • Variation; Mediation may be used in many different legal situations because it is amore flexible route..
  • Confidentiality; The process and details of the dispute are strictly confidential
  • Mediation is an entirely Voluntary method
  • Equality- both parties own equal rights
  • Legally Binding; If the parties come to an agreement, they may request an annotation from the relevant court on the enforceability of this agreement. Such annotation gives the agreement the power of a court judgment.

Inbriefits is a more efficient less expensive and overall more peaceful way to solve an issue as the mediatoral ways tries to find a middle way for both parties essentially relieving stress on both sides and importantly in doing so preserves there lations between them. This is something that is especially valuable in the business domain.

Mediation is conducted with the assistance of an impartial and independent third person who has relevant expertise training. The requirements for registration include Turkish nationality, a degree in lawand a minimum of five years legal practice as well as completion of the relevant mediation education program and success in the exams to be held by the Ministry of Justice. 

Kaska Law
NEW LEGISLATION: Turkish Nationality Given to Foreign Residents in Turkey.

Like many other countries offerring  citizenship programmes through investment now Turkey has also joined the ranks and is now giving Turkish nationality to foreign citizens who desire to invest in business or property here.

The new regulation on obtaining Turkish citizenship has now come into efffect and was published in Turkish Official Gazette on 12.01.2017regulation number 299946. This now allows foreigners to obtain Turkish citizenship simply by purchasing real estate or investingin business or a certain amount of foreign currency in the country. The new regulation does not invalidate the old law but extends its effect. The exact details of which we have summarized for Kaska clients in this page;

Under the new published regulation in Turkish Official Gazette on 12.01.2017 it is required that requires that one of the following conditions be low are in place…

  • Minimum amount of 2.000.000.-USD fixed capital investment, confirmed by the Turkish Economy Ministry.
  • Minimum amount of 1.000.000.-USD valued real estate purchase. This property must not be sold or the deeds amended for 3 years. To be confirmed by the Ministry of Environment and Urban Planning.
  • Provide employment for a minimum of 100 persons, confirmed by the Ministry of Labour and Social Security.
  • Minimum amount of a 3.000.000.-USD depositto be paid into the banks in business in Turkey and must remaint here for 3 years minimum. This transaction must be confirmed by Banking Regulation and Supervision Agency.
  • Minimum amount of 3.000.000.-USD government dept means purchase. The purchase must not be sold for 3 years. The purchase must be confirmed by the Under secretariat of Treasury.

Given that one of these the above requirements is in place and that other essentialelements such as the lack of certain criminal records or other politcal infringements are fulfilled the applicant may be granted Turkish nationality and therin live with all ther ights of a natural citizen in this country.

The new Turkish citizenship owne rmay work live invest and enjoy all the privileges that this country affords. All legal transaction and formalities required there of may of course be successfuly completed for you by our experienced and professional international team of legal experts at Kaska International Law Firm.

Kaska Law
Mobbing

What exactly is Mobbing?

In Turkish Law ‘mobbing’is defined as systematic tyranny or oppression on a worker which aims at and undervalues their personal rights honour and respect. It is unfortunately something that many people if not subjected to have at least heard of or witnessed within the dynamics of a workplace.  Many behaviours come under this mobbing bracket from humiliation, disparagement, constant critisisim, sarcasm, isolization, ignoring, insulting,constant bad treatment, to threats, physical violence and sexual harassment. We will attempt here to give a summary of what exactly mobbing is, the new laws which are aimed at preventing it and a few examples of how it works in reality.

Mobbing may not necessarily be an outright attack on a person and that is why these rules are so important in their encapsulation of what it is deemed to be. Even pressure in the workplace to create an emotional relationship, using pressure in the workplace to threaten them with firing, constant pressurization of a worker to defend themselves in writing on unfounded grounds, unrightful punishment, unrelated questionning of females workers on their family or pregnancy plans or the use of derogatory nicknames and even yelling are included. In effect any behaviours which cause a worker to become psychologically or financially harmed, often to the point of leaving their work is considered to be mobbing.

By giving  importance to this issue and creating a legal framework to both address and prevent mobbing, workers and employers will be guarded against its detrimentals effects and thereby create a more successful working enviroment.

A Brief Legal History of Mobbing

Whilst there was no mobbing clause in the Defunct Obligation Laws, in 2011 it was incorporated into the new Turkish Obligation Law in the 6098 clause which states that… ‘Employers are liable to create a working enviroment based on honest principles wherein the employees personal rights are protected especially in regards topsychological and sexual abuse and where this has occurred they have the responsibilty to halt and prevent any further damage from it than  incurred with the correct precautions.’

Therefore it is ‘The employer (who) is obligated to provide by all means necessary a safe and secure working enviroment for the employees.  The employer is liable for any illegality or anything contrary to any contractual agreement which results in the damage to thephysical person of the employee or their legal rights and as such will be subject to compensations arising from such a breach of obligations.’

As mobbing encapsulates violations of basic human rights its legal framework is found in many branches of Turkish Law including the Constitutional Law, Civil Law, Penal Law and Debt Law and Labour Law. Mobbing is also defined in the International Labour Organization of which Turkey is a member state, as ‘ Bad intentioned, cruel, revengeful, derogatory and critical behaviour against one or a group of employees aimed at sabotaging them.’  

According to the Supreme Court in order for mobbing to be ocur there must be ‘Long and sustained systematic derogatory behaviours creating psychologically painfull effects which prevent the employee from working despite their resistance against it such as threats, violence, disparaging or wrongful accusations, serious critisicims, abuse,  actions such as lengthening working hours’. Mobbing is further described here as being essentially ‘an attack on a person or group of persons honour, character, talent, experience, thoughts, ethnicity, lifestyle, culture or other such elements. This is expressed in the form of derogatory gossip, unfounded claims, humiliation in a crowd, lack of respect, unrightful criticism, and ignorance and other behaviours which effect the target mentally, psychologically and physically’.(Y22HD,E:2015/2103 )

How are the Mobbing Rules applied in reality?

Example 1 What consitutes Mobbing?

Let us look at how this law is actually applied in reality. In one very clear case a 56 year old married woman had been working constantly for a bank for 14 years as a lawyer. She was then sent to 30 different locations of this bank to work within a period of 9 months. This was not the situation for any of the other employees nor was it a general policy of the bank in question. The plaintiff had in writing to the bank recently made it clear that she had no intention of retiring and the bank had then specifyed that if she were not to agree to the transfers it would in effect annul the working contract between her and the bank as in the recent transfer deemed appropriate for her to go to Bursa. The bank was clearly trying by means of constant transfers to extract a notice of her intention to retire from her position. In respect of these damages both material psychological and her legal fees she opened a case against the bank. When the first court rejected that these demands on her were surmount to pyschological abuse (mobbing) and she had to appeal. The Assembly of Civil Chambers forthwith interpreted these unfounded demands on her as ‘Mobbing’ in order to make the laywer resign and retire and overulled the decision of the first court.(YHGK E.2012/9-1925 K.2013/1407 T.25.09.2013)

In the case the court decided that the plaintiffbeen subject to unreasonable constant change of job location and as a result had become ill also that she had been subject to threats, allegations, and the object of hurtfull comments by others. The bank manager had repeatedly accused her of being a problematic, difficult, unfavouable and argumentative person and given her work to do that were the responsibilty of other employees, her work enviroment was disorganized and under such stressful circumstances she had become ill with a digestive disorder and had to go on sick leave for 20 days within 4 months. The plaintiff had despite not being seen as serious by the bank had written and complained of all these factors to the bank manager who had not found a solution for them.

 In regards to this example of mobbing the plaintiff claimed that she should be awarded compensation for her financial and psychological loss. The court gave a peremtory decision to this plea.The Supreme Court Legal 22. defined that it was not necessary for the victim to have suffered a very serious violation of their human rights but it was enough that their personal rights were unrightfully breached. Moreover the court also declared thatno definate or concrete evidence of mobbing behaviour within the workplace by the victim would be sought that events which should arouse suspicion of mobbing was enough. To this end the court then decidedthat the decision of the first court was faulty and should be rectifyed. (Y22HD E.2013/693 K.2013/30811 T.27.12.2013 )

Example 2 ‘The question of Proof ….’

Although reports of mobbing are on the rise everyday relatively very few victims actually open cases to use the legal routes available to them. Usually the reasons behind this are that it may happen over time slowly so as it becomes seemingly a normalized situation. By the time the victim realises they are being mobbed they often isolated and weakened by the experience and feel under pressure to find witnesses to support them which may seem difficult to achieve.  This is especially true in cases where it is the employer who is responsible for the mobbing behaviour.  In research and surveys on mobbing it was found that despite the few legals cases there were actually thousands of incidents every year. However within those who were able to speak of their experiences very very few ever applied for justice because of their fears of not being able to provide proof.

Although concrete evidence may not be required there must be some mobbing behaviour incited otherwise this would leave the door open to false acusations for fiscal rewards. The case in hand highlights the fine line in this issue. In this incident the plaintiff was employed as a doorman and worked 7 days a week from 5 in the morning till midnight. The family who employed him had it was allegated deliberately extended his hours, without relevant payment in order to induce him to leave. However the first court refused the allegation of mobbing in relation to the fact that the defendant stated that the employee had not used his holidays as he could and that there was no mobbing behaviour related by the plaintiff or indeed any evidence of such to support the case.  (Ankara 3. Labour Court. E.2009/472 the Supreme Court approved this decision.(Y9HD,E.2011/12129)

 In conclusion the essential focus of the mobbing rules are not only on protectingthe issues of civil rights, social relations, career security, health and quality of life but on achieving a clear result where they are abused. The law has encapsulated this abuse to include psychological abusive tactics which where perhaps hereto before overlooked. It has however defined that this must be constant, systematic behaviours done with the intent of causing harm. Regarding the issue of proof it is apparent that the accusations of behaviour presented must appear much more serious and infer likely abuse than the presented defence in order for mobbing to be accepted by the court. However these laws certainly open the road for the thousands of hereto silent victims to come forward and reclaim their fundamental working and civil rights, perhaps the key factor is that they should be aware of this facility and in doing so Kaska International Law Firm are happy to contribute to this cause herein…   

 

 

Kaska Law
Insiders Guide to New Appeal Legal Process

Dear clients and foreign investors,

Just as politicians and their political and economic policies are defined and shaped by the by the culture of its citizens andtheir world perspective so the Legal System of a country shapes the parametres within which the political economic and culture evolves. In this respect any changes at root level in the law may have repercussions which affect not only its own citizens but also tourists foreign investors and those with international business relations with that country.

As a consequence it is of eminent importance for all our foreign clients to be aware of the current change in the Turkish Legal Appeal system to a three tier legislation process. (Regional Justice Courts).

In order to inform our clients of this new process which will come into being as of the 20.07.2016 we have here compiled a brief outline of the principals of the new system…

 

JUSTICE COURTS IZMIR REGION  Izmir city, Aydın , Balıkesir , Çanakkale , Kütahya, Manisa , Muğla , Uşak (total : 8 regions )

These Appeal Courts Opening Dates (HMK temporary Clause 3 ) as notifyed in the offical journal of the Court ofAppealwill be opening on the 20 July 2016.

 Any Legal Applications preceeding this date will be arbitrated according to HUMK md. 427-454 ( temporary Clause 3,2) and any applications made after the date of notification will be arbitrated within the HMK legal process.

 

CASES APPLICABLE TO COURT OF APPEAL HMK Clause 341.

1-Court ofFirst Instance final decisions

2-Provisional Seizures ( IIC cl.258,3 )  refusal of demand and decisions of appeal of these applications.

3-Decisions relating to the contestation of a Judge.

4- Cases of 1,500tland over.

5- If the appeal has been made for one part of theassets compensation the total sum will be taken into consideration.

6- If the appeal has been made for the total sum but not granted by the court the differencemust be over 1,500Tl.

7- In cases where there is a conflict in the judicial verdict.

8- In Debt and Bankrupcy Law article 363, the cases which are not applicable to the cassation appeal are written. Any cases outside this remit need to have a value of at least 2,190 TL .

9- Any appeals against the decsision of the Consumer Arbitration Tribunal will decided by the Consumer Court.

10-Other branches of Law that are within the remit of the regional justice courtsof whose Court of First Instance decision may be appealed against are found under the article  HMK cl. 341  

 

DOCUMENTARY REQUIREMENTS FOR PETITION OF APPEAL

·      First Court of Instance court decision date and number.

·      Where appropriate the names and adresses of legal represenatives or Powers of Attorney.

·      Date if this decisions notification.

·      Date of application notification.

·      Summary of decision

·      Reasons for appeal and legal background.

·      Final decision of case

·      Signature of applicant or legal represenative or power of attorney

·      If the Applicants identity documentation and signature and the decision of the court is present these will be sufficient without recourse to any other requirements as in HMK cl.118.

·      The application for cassation may be made to the court of first instance or to any other court in the region. (HMK. Cl. 343)

·      Date for appeal is implemented according to the HMK m.118 l

 

APPEAL PETITION DURATION

The date for cassation application must be made within 2 weeks of notification of the decision of the First Court of Instance.

In cases of Bankrupcy and Debt the application must be made within 10 days of notifaction of the decision of the First Court of Instance. (ILKm363)

In cases of the Labour Court the application must be made within 8 days of the final decision pronouncement regarding the litigant and opponent of the First Court of Instance. HMK m.355

In most cases examination will be done within the restrictions of the cassation application as defined. However wherever this is contrary to theregional courts prosecution public order the court may act on its own motion, ipso facto.

 

LITIGATION OUTSIDE THE REGIONAL JUSTICE COURT’S AUTHORITY

1. Opposing case may not be opened.

2. May not file to intevene (primary and secondary intervention) if this is made the case will be denounced.

3. The case may not be ammended.

4. Save for the exceptions provided for in HMK 166cl. first subclause, cases may not be joinded.

5. Any defences or claims by the first court of instance are not effective, except where the regional court has the power to act on its own motion, ex officio.

6. New evidence may not be relied upon. However any evidence which has been submitted but denied or for extremereasons (acts of God) could not be submitted in the Firt Court of Instance may be examined.

7. Ultra vires contracts may not be made.

 

DECISIONS TO BE MADE BEFORE APPEAL HEARING

(1) Providing all the requirements are present in the case documents after the primary examination:

a) In the conditions below the regional justice court may give the following decisions before the main hearing or sending to another appropriate court within its jurisdiction or court within the regionofficial in revoking the decision and reopening the case :

1. Declaring that the judge was not legally authorized to decide on the case.

2. Despite the application for the  rejection of the judges rights to hear the case, the decision to proceed with the rejected judge to hear it.

3. In cases where the court official or legal offical has breached their official remi tor given an unauthorized decision or are themselves unauthorized or where the the regional local court is outside the jurisdiction.

4. Finding of any other aspects of legal anomolies within the case

5. The non procedural recording of no defense case opened, the joinding of cases or their separation and the decision of the indication of the appropriate court.

6. That the decision was made without, the primary evidence brought by either party in the case was not delivered or presented or where the evidence was not examined.

 b) With regard to the following primary aspects of the case

1.Where the court has within the law, procedurally or primarily found the  case application to be rejectable.

2. Where the trial was found deficient, where there is a fault in the interpration of the law bringing grounds for a re-trial, where there was a mistake in the making of  the decsionrequires essential renewal

3. Where there deficiencies found in the trial which are not fulfilled within the hearing,

The decision may be made without a hearing.

We hope that this change by clearing the previous congestion will lead to a faster more effective legal system for our future…


Kaska Law