I'm fully Greek and my son is British. We came back in Greece for a long stay, until end of October. My son's 90 days are up 3rd of June. We do have an appointment at the Special Registry of Athens(only place to register births outside of Greece) end of July, and subsequently we will apply for a Greek passport. By that time he will be an overstayer.

What do I do? Do I go back to the UK and apply for citizenship through an embassy or overstay and apply from here? In the latter case, are there any legal implications?

Edit: my son is 4 months old. I am the father. Both me and the mother are fully Greeks and were legally married at the time of birth. Our son had the right for British citizenship due to us being permanent residents in the UK.

  • How old is your son? Are you the mother, or were you married to the mother when your son was born? – phoog Mar 26 at 17:47
  • Son is 4 months. I am the father, fully Greek. Son's mother is Greek as well. – Greconomist Mar 26 at 18:09
  • We were legally married at the time of the birth – Greconomist Mar 26 at 18:10
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    @Greconomist Contact the citizenship division of the police headquarters at 2131520152 or dallodapon@hellenicpolice.gr. Only they can give you accurate advice. If I had to wager a guess, however, your son will be perfectly fine without an extension – Crazydre Mar 26 at 18:31

As you have indicated in the response to my comment, your son is already a Greek national, legally speaking, even if that is not yet administratively established with the Greek government. In that case, your son cannot be an overstayer, and you have no problem.

If you were the boy's biological father, but you were not married to his mother at the time of his birth, and she were not Greek, then your son would not yet be Greek. (In saying this, I am relying on the Wikipedia article on Greek nationality law, so it may not be completely accurate.) In that case, however, you still would have had little to worry about because even though he would not have been Greek, he would have had a right to reside in Greece as the dependent minor child of a Greek national.

The relevant Greek law may be found in the Immigration and Social Integration Code. Article 82 requires family members of Greek nationals to apply for a residence card within three months of arrival, but imposes no fine unless they have remained for more than 12 months (Art. 82(3)).

Accordingly, if you had been (at the time of your son's birth) an unmarried father, you might have wanted to speak with the office that would take his residence permit application to seek their advice in light of your son's anticipated application for citizenship. As it is, you don't need to do anything because your son is already a Greek national.

  • Thank you for your response. Son entered Greece with a British passport. Passport was stamped the date of entry, 4th of March. Let's say we want to leave Greece and return to the UK past the 90 day mark. Would I give his British passport for an exit stamp at the checkpoint or should I avoid that and provide some type of Greek id e.g Greek passport, family certificate etc. – Greconomist Mar 26 at 19:25
  • @Greconomist if your son has a Greek passport, just show that. There's no need to get the UK passport stamped. If he doesn't have a Greek passport, you may have to show the UK passport, but any evidence of Greek nationality should suffice to avoid trouble related to the 90/180 rule. If you can't get some other document explicitly attesting to your child's Greek nationality, it could be his birth certificate, either along with your Greek passport and your marriage certificate, or along with your wife's Greek passport. – phoog Mar 26 at 20:56
  • @Greconomist Or a Greek ID card – Crazydre Mar 27 at 10:14
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    Only kids over 12 can get a Greek id card. I will probably show a family statement – Greconomist Mar 27 at 12:54
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    @Greconomist Yes, that's the standard alternative – Crazydre Mar 28 at 17:56

Your son should apply for an extension as soon as possible.

If rejected, he must leave and apply for a D-Visa to avoid a possible fine.

Extensions are not given without a good reason and can be very expensive.

In this case, your son is of Greek heritage and an application for recognition of citizenship has been made.

It is also helpful, that you (as his father and Greek citizen) has accompanied him.

Since you seemed to have made the appointment soon after your arrival and the waiting time is 3 months, this should be considered a valid reason to stay longer.

The sooner the extension application is made the better.

Embassy of Greece in London: Declaration of birth: Declaration of birth of a child by married parents:
Registration of birth is considered complete when the details are entered into the family record of the Greek citizen; thereupon the child acquires Greek citizenship.

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    OP doesn't need to pay a cent for this; his son cannot be an overstayer as he's already Greek – Crazydre Mar 26 at 18:50
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    @MarkJohnson The son is Greek. mfa.gr/usa/en/services/services-for-greeks/… – user3067860 Mar 27 at 1:56
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    @MarkJohnson How he entered is irrelevant. He IS Greek by law and it'll be simple for the authorities to establish even without the formal procedure being completed. – Crazydre Mar 27 at 10:08
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    @MarkJohnson From the same link, "A person acquires Greek citizenship at the time of birth, if said person is born to a parent of Greek Nationality – that is, the offspring of a Greek Citizen, even if the parent has not exercised his/her Right to Citizenship." – user3067860 Mar 27 at 12:28
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    "The son has a claim to Greek citizenship, but entered as a British citizen": @Crazydre is correct. The documents used on entry are irrelevant. If the Greek government ever tries to impose a penalty on the child as a supposed overstayer, the child or his parents may put forward the claim to Greek citizenship at that time, and no penalty will be imposed because the child is in fact not an overstayer. The claim does not need to be verified before the end of the 90-day period to be valid; it may be offered instead in defense against a penalty (which is anyway very unlikely to be necessary). – phoog Mar 27 at 17:12

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