CYPRUS IMMIGRATION LAW
 
 

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ELIGIBLE COMPANIES
  EMPLOYEE CLASSIFICATION
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IMMIGRATION IN CYPRUS
 

  
ISSUE AND RENEWAL OF TEMPORARY RESIDENCE AND EMPLOYMENT PERMITS FOR THIRD COUNTRY NATIONALS WHO ARE EMPLOYED BY COMPANIES/ENTERPRISES OF FOREIGN INTERESTS

1. ELIGIBLE COMPANIES

(I) All companies of foreign interests, including international companies (ex-IBCs), in order to be eligible to employ third country nationals in Cyprus, should fulfill the following:

(a) (i) The majority of the company’s shareholders should be foreign shareholders and in the case of shareholders whose ultimate owners are foreign companies, they should be declared in order to be approved by the Civil Registry and Migration Department (CRMD). The following cases are exempted:

• public companies registered in any recognized Stock Exchange,

• international companies (ex IBCs) that were operating before the change of regime and for which the Central Bank of Cyprus possesses all the necessary data,

(ii) In case where the percentage of the foreign participation in the share capital of a company is equal or below the fifty percent (50%) of the total share capital, this percentage should represent an amount equal or higher than €170,861 in order for a company to be considered eligible. Applications by companies that deal with offering services or consulting services that invest capital lower than €170,861 will be examined given the fact that the nature of their work does not require a higher capital investment.

(b) For new companies it should be proved by banking and other documents that the direct foreign capital investment amounts at least  €170,861, and it was brought in Cyprus legally from abroad.

(c) The companies should operate from their self-contained offices in Cyprus, which should be located in suitable distinct premises, not part of private residence or
another office, except form cases of companies that share lodging. Cases in which the nature of the work allows people to work from their home will be examined.

(II) For further information and all the certificates/supporting documents required  concerning the company
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2. EMPLOYEE CLASSIFICATION

Eligible companies which fulfill the above conditions may employ third country nationals in the following positions. Companies should not commit themselves to employing third country nationals for all the following positions before securing a Temporary Residence and Employment Permit from the CRMD. In case of violation of these rules, the CRMD is not committed by the following provisions.

(a) Executive Directors

- The term ‘Executive Directors’ includes third country nationals registered as:

• Consulting Directors or Partners (in the Registrar of Companies)

• General Managers of branches and subsidiary foreign companies

• Departmental Managers

- The maximum number of such executives is five (5) unless the CRMD is persuaded that a greater number is justified.


- The minimum acceptable total annual salary (annual salary plus any additional allowances/benefits) for a newly appointed Executive Director is  €41,006. This amount may be adjusted from time to time according to fluctuations in the salary index.

- There are no restrictions for the residence period of these employees.

- .(II) For further information and all the certificates/supporting documents required  concerning this category
CONTACT US.

(b) Middle-management staff, executive staff and any other key personnel

- The abovementioned staff includes Directors who are not considered to be Executive Directors as well as other Executive/Middle-management staff or other managerial, clerical or technical personnel with an annual salary ranging from €20,503 to €41,006. The amounts may be adjusted from time to time according to fluctuations in the salary index.

- The maximum number of these employees permitted in this category is 10. The CRMD has the discrete authority to decide on the employment of more than 10 people if justified, depending on each company’s operation data. In the case that the total maximum number is exceeded, the company should justify the necessity of the employment of third country nationals, taking into consideration the

payments as well as-

(i) the scope of the company’s activities

(ii) the proportion of foreigners to Cypriots and

(iii) the duration of the company’s operation.

- There are no restrictions for the residence period of these employees.

- For further information and all the certificates/supporting documents required  concerning this category
CONTACT US.

(c) Supporting Staff

- All third country nationals employed in other professional, managerial, technical, clerical etc. positions in Cyprus and do not fall under the abovementioned categories (a) and (b), are classified in the remaining supporting staff.

- Companies are expected to employ Cypriots or European citizens for this category.

In case that there are not available or suitable Cypriots or European citizens with the required qualifications, a company may employ third country nationals in positions of this category, following the procedure and submitting all the certificates/supporting documents described in Appendix 3 after an affirmative decision (stamp of contact) is ensured by the Labor Department.

3. SUBMISSION AND EXAMINATION OF APPLICATIONS

(a) General

• The Director of the CRMD is the authority responsible for the first issue and subsequent renewals of the temporary Residence and Employment Permits granted to all third country nationals employed by companies of foreign interests in Cyprus. The Director of CRMD acts in consultation with other Authorities such as:

• The Registrar of Companies and Official Addressee

• The Labor Department of the Ministry of Labour and Social Insurance

• The Cyprus Police

The abovementioned Authorities inform and advise the Director of Civil Registry and Migration Department of matters falling within their sphere of competences as soon as possible. The Director taking into account their recommendations (unless the recommendations are not submitted in due time) decides about applications and replies directly to the applicants.

(b) Initial Permits

• The completed application forms for the employment of third country nationals for the above categories 2(a) and 2 (b) are submitted to the CRMD, which issues the first Temporary Residence and Employment Permit for a period of up to two (2) years within a month of its submission, unless it is a case that needs further consideration.

For further information and all the certificates/supporting documents required  concerning this category CONTACT US.

• The completed application forms for the employment of third country nationals for the above category 2(c) are submitted to the District Aliens and Immigration Branches of the Police except for the District of Nicosia where the application forms are submitted to the District Office of CRMD of Nicosia after an affirmative decision (stamp of contract) is ensured by the Labor Department, which examines with this process, if there are available Cypriot/ European citizens in the Cypriot and European Labor market to be employed for the position.

(c) Renewal of Permits

• The application forms for categories 2(a) and 2(b) are submitted to the CRMD with the necessary certificates and supporting documents mentioned in Appendix

• The application forms for categories 2 (c ) are submitted to the District Aliens and Immigration Branches of the Police except for the District of Nicosia where they are submitted to the District Office of CRMD of Nicosia accompanied by the necessary certificates/supporting documents.

(d) Family Members

• Applications from all Districts, for family members under categories 2(a) and 2(b) are submitted to the CRMD with all the necessary certificates/supporting documents.

• Applications for family members under category 2(c) are submitted to the District Aliens and Immigration Branches of the Police except for the District of Nicosia where they are submitted in the District Office of CRMD of Nicosia accompanied by the necessary certificates/supporting documents.

(e) Trainees

Applications from all Districts for trainees are submitted to the CRMD accompanies by all the necessary Certificates/supporting documents.

(f) Intra-corporate transferees

In the cases of intra-corporate transferees in the Cyprus Offices that are employed by the Offices of the same company in another country member of the European Union, the 137(I)/2002 Law will be applied for which the competent Authority is the Minister of Labor and Social Insurance.

(g) Domestic staff of category 2(a)

Applications for the employees of this category are exempted from the procedure of examination of the Cypriot and European Labor Market and are submitted to the CRMD (District Office of Nicosia of the CRMD).

4. GENERAL

(a) In case that any Company of foreign interests terminates its activities in Cyprus, it is obliged to notify the CRMD immediately.

(b) In the cases that employees are bound to be away from Cyprus for an official assignment for a period of more than three (3) months, which results to the immediate invalidation of their residence permit according to the law in force, will have to:

(i) Obtain in advance a re-entry permit by the CRMD

or

(ii) before coming back to Cyprus to ensure a consular entry visa by the Embassies/Consulates of the Republic abroad. In exceptional cases in which there is not enough time to obtain a re-entry permit before leaving from Cyprus or the time of absence from Cyprus was unknown in advance and in the destination country or a near country there is not Cypriot diplomatic mission/Consulate, the CRMD (central offices) should be informed so that the re-entry in Cyprus is allowed without a re-entry permit or consular entry visa.

Persons whose Temporary Residence Permit has been invalidated, should apply to the CRMD as soon as they re-enter the country in order to renew their permit for the remaining time that their previous permit was valid for. These applications do not have to be accompanied by any certificates except for a confirmation from the company that the person concerned is still employed by the company.

(c) Personnel of categories 2(a) and 2(b) that is expected to stay in Cyprus for a long period of time may apply to the CRMD in order to ensure a Migration Permit
(Application Form M67).

(d) It is self-evident that no restriction are imposed for the employment of Cypriot or European citizens in any category from companies of foreign interests.

(e) The cancellation of a temporary residence/employment permit is governed by the Aliens and Immigration Law and Regulations.

 

 

   
   
   
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