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Naturalization of high-skilled employees of Companies of Foreign Interests (“BCS”)

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The Cyprus Civil Registry Law 141(I)/2002 (the “Law”) has been recently amended with the Civil Registry (amending) Law of 2023 (149(I)/2023) as this was published with the official gazette on 19 December 2023 and is applicable since then.

One of the recent amendments refers to the anticipated revision of the criteria for naturalization of high skilled employees who have been working for Companies of Foreign Interests (“BCS”) and their immediate family members. Such companies are being defined by the Council of Ministers Decision as per the government’s strategy of attracting companies to operate or to expand their activities in Cyprus.

The high-skilled employees must have legal and continuous residence in the Republic of Cyprus for a period of twelve months preceding the date of submission of the application. Periods of absence from the Republic of Cyprus during this twelve-month period should not exceed a total of ninety days. In addition to this twelve-month period of legal and continuous residence, the high-skilled employee should have been residing in the Republic of Cyprus for a total period of four years within a ten-year period preceding the twelve-month period if the person is a holder of a B1 level of Greek language certificate. If the employee is a holder of an A2 level of Greek language certificate, then the minimum total duration of residence in Cyprus is reduced to three years within a ten-year period preceding the twelve-month period instead. A period of absence from Cyprus not exceeding ninety days in total shall be allowed on an annual basis.

The required time frame commences from the date of submission of the naturalization application going backwards twelve months. During this time the applicant should have been fully residing in Cyprus (with the exception for a total of ninety days), and further going backwards ten years during which period the applicant should have resided in Cyprus for three or four years depending on the level of language.

Time spent by the applicant in the Republic of Cyprus as a tourist, asylum seeker or as a student, shall not count towards the required minimum duration of residence.

In addition to the criterion of residence, the applicant should be of good character, as defined by the Law. In particular, the applicant should not have any pending legal proceedings against them, nor be considered as a threat to the public order and public security of Cyprus, nor wanted by Europol or Interpol, nor being a sanctioned individual by the UN or the EU.

As mentioned above, the applicant should have sufficient knowledge of the Greek language of at least level B1 as defined by the Interior Minister’s relevant Decrees. The language examination is held in writing. At the same time, the applicant should have sufficient knowledge of Cyprus’ contemporary political and social landscape, as defined, and examined by a three-person committee of representatives of the Ministry of Interior, the Ministry of Education, Sport and Youth and the Ministry of Justice and Public Order. The applicant must present both certificates during the submission of the naturalization application, and therefore both examinations must have already taken place in advance.

The applicant should have secured proper accommodation, as well as secured and regular financial means, sufficient to support himself and his dependent family members.

The employee’s family members may apply for naturalization simultaneously, provided that they meet the same criteria. Family members include (a) the applicant’s spouse or partner (as per the provisions of the Civil Union law of 2015 (Ν. 184(I)/2015)), (b) minor children and (c) dependent adult children with disability making them incapable to work. Minor children should be below the age of 18 at the time of submission of the naturalization application, irrespectively if the child turns over 18 years old by the time of the examination of the application.

The amending law provides for a speedy examination of such applications not exceeding a period of eight months.

The content of this article is intended to provide a general guide to the subject matter and does not constitute legal advice. For any further information please contact Eleni Drakou, Partner and Director of Business Development of Michael Kyprianou and Co LLC by email at eleni.drakou@kyprianou.com or by phone at +357 25 363685.