Amendment of the Civil Registry Law
Modernization of the Legislation and Revision of the Requirements for Obtaining Cypriot Citizenship based on years of residence in the Republic of Cyprus.
The House of Representatives passed the Civil Registry Amended Law 149(I)/2023, which was published in the Official Government Gazette on December 19, 2023, with immediate effect, and amends the Civil Registry Laws of 2002 to 2021.
The aforementioned Amended Law revises the qualifications and criteria for naturalization based on years of legal and continuous residence in the Republic of Cyprus. The Law introduces among other qualifications the Certificate of Knowledge of the Greek Language and basic elements of the contemporary political and social reality of the Republic, as a necessary condition for submitting the application, and also introduces new provisions for the naturalization of highly qualified persons, in the context of attracting companies to operate and/or expand their activities in the Republic.
More specifically, according to the provision of the Amended Law and its new article 111B, a foreigner is eligible to submit an application for naturalization based on years of residence in the Republic of Cyprus, provided that s/he cumulatively meets the following criteria:
Requirements for Naturalization:
1. Legal residence in the Republic for a total of 8 years out of the last 11 years before submitting the application.
The duration of absence from the Republic in the last year before submitting the application should not exceed 90 days.
- (a) S/he has legal and continuous residence in the Republic for the period of the immediately preceding 12 months from the date of submission of her/his application for naturalization:
Provided that, periods of absence from the Republic not exceeding a total of 90 days within the above 12-month period, do not interrupt the above-mentioned time period, an
(b) During the 10 years immediately preceding the period of 12-month provided for, before the submission of the application, s/he either legally resided in the Republic or served in the public service of the Republic, either partially the one or the other, for periods of time which cumulatively are not less than 7 years.
Therefore, now the required period of residence in the Republic is 7 years plus 12 months before submitting the application, i.e. 8 years.
2. Good Character and Clean Criminal Record both in the Republic of Cyprus and internationally.
(c) S/he is of good character:
Provided that, elements that tend to demonstrate good character include among others the following:
(i) Has not by deeds or words shown disloyalty or contempt for the Republic;
(ii) Has not acted in a manner that constitutes recognition of illegal administration in the occupied territories of the Republic, has not held any office relating thereto, and has not possessed, or unlawfully entered, damaged or interfered with immovable property located in such territories belonging to another legal owner;
(iii) Has not engaged during any war waged by the Republic in any transaction and has not communicated with the enemy or engaged in the conduct of an operation or participated in any operation in such a manner as to have assisted the enemy;
(iv) Has not been sentenced in the Republic or abroad to imprisonment for a serious criminal offence;
(v) Is not wanted at European level by EUROPOL or internationally by INTERPOL;
(vi) Has not been sanctioned and is not on a sanctions list;
(vii) No criminal case is pending against him/her in the Republic or abroad;
(viii) Has not entered through an illegal point of entry or entered or remained in the Republic in violation of any prohibition, condition, restriction or reservation, under the provisions of Laws of the Republic from time to time in force (entry from occupied territories and its airport and port);
(ix) Does not constitute a danger to public order and public security of the Republic.
3. Certificate of Knowledge of the Greek Language Level B1
(d) To have sufficient knowledge of the Greek language of at least Level B1, as defined in the Common European Framework of Reference for Languages of the Council of Europe (CEFR), based on the language certificates of the said level specified in a Decree of the Minister, which are granted after the foreigner submits to a written examination. This is carried out at regular intervals and conducted by the Greek Language Center.
4. Sufficient knowledge of basic elements of the modern political and social reality of the Republic
(e) To have sufficient knowledge of basic elements of the contemporary political and social reality of the Republic, which is proven by the Certificate with a grade of 60% or higher, on an exam conducted by the Examination Service of the Ministry of Education. This exam is held twice a year, on dates announced by the Examinations Service.
Certificates from the exams conducted by the Examinations Service in July 2023 and February 2024 may be accepted for naturalization application purposes. Certificates of the July 2023 exams, on which no score is indicated, participants can request their exact score from the Examinations Service.
5. Appropriate accommodation, Adequate and Stable Financial Resources
(f) To have an appropriate accommodation, stable and regular financial resources, sufficient for the financial support her/himself, individuals and dependent members of her/his family.
6. Genuine intention to reside in the Republic
(g) To have the intention, in the event of a naturalization certificate being granted to him/her, to reside in the Republic.
It is understood that residence for naturalization purposes means the foreigner’s physical presence in the Republic, based on the relevant applicable immigration provisions, on a case-by-case basis.
It is further provided that, in the calculation of the period of residence, the period during which the foreigner resided as an applicant for international protection or as a holder of supplementary or temporary protection or as a holder of a student permit is not taken into account.
Highly qualified and talented professionals with knowledge of the Greek language at level A2 or B1
The criteria for naturalization are differentiated for individuals residing in the Republic for the purpose of highly skilled employment in companies, which are determined by the Decision no. 92.018 and dated 15/10/2021 of the Council of Ministers, regarding the Strategy for Attracting Companies to Operate and/or Expand their Activities in the Republic of Cyprus, as well as for their family members.
The following companies fall under this category:
- Foreign Interest Companies operating in the Republic of Cyprus and operating independent offices in the Republic
- Cypriot Shipping Companies
- Cypriot Hi-Tech/Innovation Companies with products related to the aviation and space industry, computers, information technology and communication, pharmaceuticals, biomedical equipment, research and development equipment, electrical machinery, chemicals, non-electrical machinery
- Cypriot Pharmaceutical Companies or Cypriot Companies active in the fields of biogenetics and biotechnology,
- Companies that are already registered in the Register of Foreign Companies of the Civil Registry and Migration Department.
Highly qualified persons, for the purposes of the law, are defined as:
- Individuals holding temporary residence permits for the purpose of employment in Foreign Interest Companies, provided that they hold the possession of Director, Specialist or Key personnel categories
- Individuals, regardless of their residence status, who earn a minimum gross monthly salary of €2500 and possess a university degree or an equivalent qualification or certificates of experience in a relevant employment position lasting 2 years.
Regardless of the provisions of paragraphs (b) and (d) of subsection 1 of article 111B, a person residing in the Republic for the purpose of highly skilled employment in the abovementioned companies may be naturalized after legal residence in the Republic for a total of 4 years, if s/he has knowledge of the Greek language at level B1, and 5 years, if s/he has knowledge of the Greek language at level A2, respectively, instead of a total of 8 years.
Simultaneously with these highly qualified professionals, their family members may also apply for naturalization and/or be naturalized, provided that they meet also the legal and continuous residence, and complete the required total duration of residence of 4 or 5 years, depending on the level of knowledge of the Greek language, without requiring these periods to coincide with the periods completed by the main applicants.
For purposes of interpreting this provision, family members include the spouse, the civil partner, and the dependent adult child, i.e. a person with a disability, which renders her/him unable to work and take legal action.
The examination of the applications of highly qualified persons and their family members will be completed through the fast-track procedure within 8 months.
It should be noted that circulars and clarifications are expected from the Ministry of the Interior on the text of the Amended Law and regarding the examination of the pending applications.
The content of this article is for informational purposes only and does not in any way constitute legal advice.
For more information and legal advice on the process, required qualifications, criteria and supporting documents for naturalization, you can contact our office at the telephone number +357 25817779 or by email: info@landaslaw.com.
