Law 5275/2026: Practical Guide for Employers, Landlords and Ngos on "illegal Stay" in Greece

Executive Summary: Key Takeaways for Employers, Landlords and NGOs

The criminalisation of illegal stay in Greece under Law 5275/2026 represents one of the most consequential shifts in the country’s migration framework in over a decade. Published in the Government Gazette in February 2026, the law upgrades what were previously administrative migration infractions, overstaying a visa, remaining without a valid residence permit, into criminal offences carrying imprisonment and substantial fines. For employers, landlords and NGOs operating in Greece, the practical effect is immediate: a broader range of everyday business decisions now carries potential criminal liability, and the facilitation offences in the law extend exposure well beyond the individual migrant.

Before reading the full analysis, note these critical points:

• Criminal, not administrative. Illegal stay and related facilitation offences under Law 5275/2026 now attract custodial sentences and criminal records, not merely deportation orders or fines. Refugee Support Aegean has reported that the criminalisation provisions have already placed close to 300 people behind bars.
• Third-party exposure is real. Employers who hire or retain workers without valid permits, landlords who rent to individuals in illegal stay, and NGOs whose activities are construed as facilitating entry or harbouring all face prosecution under the broadened facilitation provisions.
• Act now, do not wait for enforcement. Organisations should immediately audit right-to-work documentation, lease verification procedures and operational protocols, and engage specialist criminal counsel before an investigation begins.

What Changed Under Law 5275/2026: Overview of Greece Migration Law Reform

Greece’s migration legal framework has undergone rapid evolution. The trajectory that culminated in Law 5275/2026 began with legislative amendments in September 2025, when the Greek Parliament approved initial changes to the Criminal Code and migration statutes that signalled an intention to treat irregular stay as a criminal rather than purely administrative matter. Those amendments drew significant international attention, with outlets such as The Guardian and InfoMigrants reporting on the policy direction in early September 2025.

Law 5275/2026 consolidated and extended those changes. Published in the Government Gazette in February 2026, it established a comprehensive new immigration code that replaced and repealed large sections of the prior legislative framework. The law introduces criminal sanctions for illegal stay, defined as remaining on Greek territory without a valid visa, residence permit or other lawful authorisation, and significantly broadens the scope of facilitation offences to capture a wider range of conduct by third parties.

Industry observers expect that the combined effect of these provisions will be to shift enforcement focus from deportation-centric administrative procedures towards criminal prosecution, creating a fundamentally different risk environment for anyone who interacts with third-country nationals in a professional or organisational capacity.

Timeline of Key Legislative Events

Legal Definition and Elements of “Illegal Stay” and Related Offences Under Law 5275/2026

Under Law 5275/2026, illegal stay in Greece is defined as the presence of a third-country national on Greek territory without holding a valid visa, residence permit or other form of lawful authorisation as specified by the law or by EU regulations. This definition is broader than many practitioners initially anticipated. It captures not only individuals who entered Greece unlawfully but also those who entered legally, on a tourist visa, student visa or work permit, and subsequently remained after their authorisation expired or was revoked.

The criminal provisions require the prosecution to establish that the individual was present on Greek territory and that they lacked valid authorisation at the time. The law treats this as a standalone offence, meaning that it is not necessary to prove any additional criminal intent beyond the fact of remaining without documentation. However, aggravating circumstances can increase the severity of charges and penalties. These include repeat offences, the use of fraudulent documents, evading a prior deportation order, and conducting illegal employment while in irregular status.

Statutory Framework and Penalty Ranges

The facilitation offences operate on a separate but related track. Under Law 5275/2026, any person who knowingly assists, facilitates, transports, harbours or conceals a third-country national in illegal stay may face prosecution. The critical legal question, and one that remains partially ambiguous, is the precise scope of the mens rea (mental element) required. The law references knowledge as the threshold, but how courts will interpret “knowledge” in the context of landlord-tenant relationships, employer-employee verification failures, or NGO humanitarian operations has not yet been tested in appellate case law.

Who Can Be Criminally Liable for Illegal Stay in Greece? Entity-by-Entity Risk Analysis

The criminalisation of illegal stay under Law 5275/2026 creates exposure not only for the individuals who lack valid documentation but also, and this is the critical compliance concern, for a range of third parties whose interactions with those individuals may be characterised as facilitation. Three categories of organisation face the most acute risk: employers, landlords and NGOs.

Employer Criminal Liability in Greece: Hiring, Payroll and Subcontractor Chains

An employer who hires a third-country national without verifying that the individual holds a valid work permit faces criminal prosecution under the facilitation and employment provisions of Law 5275/2026. This extends beyond direct hiring. As Bernitsas Law and Siopi Law have noted in their practitioner briefings, the law imposes obligations throughout the employment chain, including on temporary employment agencies (TEAs) and companies that engage subcontractors. If a subcontractor’s workforce includes individuals in illegal stay, the principal employer may face exposure depending on the level of knowledge or wilful blindness that can be demonstrated.

The likely practical effect will be that prosecutors focus on cases where there is documented evidence of awareness, payroll records showing expired permit numbers, internal emails flagging documentation gaps, or repeated engagement of labour intermediaries known to use irregular workers.

Landlords: Rental Risks and Safe-Harbour Steps

Landlords who rent residential or commercial property to individuals in illegal stay may be prosecuted for harbouring or facilitating illegal stay. The risk is particularly acute for landlords in areas with high concentrations of migrant populations, where short-term rentals may be concluded without thorough identity and documentation checks. The knowledge threshold is the key legal battleground: a landlord who copies a passport and residence permit at the start of a lease and retains those records occupies a very different legal position from one who accepts cash payments with no documentation.

Early indications suggest that enforcement agencies are examining rental records and cross-referencing them against residence permit databases, creating a tangible and growing risk for landlords who have not updated their tenant verification procedures.

NGO Criminal Liability in Greece: Facilitation Versus Humanitarian Assistance

The broadened facilitation offences in Law 5275/2026 have generated the most controversy in the NGO sector. Organisations providing humanitarian assistance, food distribution, legal aid, search and rescue coordination, temporary shelter, face the risk that their activities could be characterised as facilitating illegal entry or stay. The law does not contain an explicit, broadly drafted humanitarian exception that would unambiguously shield all forms of assistance. While certain narrow exceptions may apply (for example, emergency medical care), the boundaries remain unclear and untested in court.

RSAegean and other civil society organisations have reported that the enforcement environment has already affected NGO operations, with some organisations scaling back activities or relocating operational decision-making outside Greece to reduce the personal criminal exposure of local staff and volunteers. For any NGO operating in Greece, a formal legal risk assessment, conducted by criminal defence counsel with specific experience in facilitation offences, is now essential.

Penalties, Enforcement Practice and Procedural Rights Under the Criminalisation of Illegal Stay

The penalty structure under Law 5275/2026 represents a significant escalation from the prior administrative framework. Where previously an individual found in illegal stay might face a deportation order and an administrative re-entry ban, the criminal provisions now authorise custodial sentences. For facilitation offences committed with a profit motive or as part of an organised network, the sentences are substantially heavier.

Enforcement practice in the months since the law’s publication has been aggressive. RSAegean has documented that close to 300 people have been imprisoned under the new provisions, indicating that prosecutors are actively pursuing criminal charges rather than defaulting to administrative deportation. For third parties, employers, landlords, NGOs, the enforcement risk manifests differently. Investigations may begin with labour inspections, police visits to rental properties, or surveillance of NGO operations, and can escalate rapidly to criminal prosecution if evidence of knowledge or facilitation is identified.

Procedural rights remain governed by the Greek Code of Criminal Procedure. Any person under investigation or arrested has the right to legal counsel from the moment of arrest, the right to remain silent, the right to be informed of the charges, and the right to contest pre-trial detention. For organisations, the critical procedural concern is that employees, managers or volunteers may be questioned by police before the organisation’s legal team is aware of the investigation. This makes pre-incident planning, clear internal protocols on who to contact and what to say, essential.

Practical Compliance Checklist for Illegal Stay in Greece: Employers, Landlords and NGOs

The following entity-specific checklists translate the legal requirements of Law 5275/2026 into concrete operational steps. Each checklist should be reviewed by specialist counsel and adapted to the specific circumstances of the organisation.

Employers: Recruitment, Verification and Ongoing Monitoring

1. Right-to-work verification at onboarding. Verify every third-country national’s residence and work permit before the employment relationship begins. Retain certified copies of all documents.
2. Permit expiry tracking. Implement a centralised system that flags permit expiry dates at least 90 days in advance. Do not allow any employee to continue working past the expiry date without documented proof of renewal or extension.
3. Subcontractor and TEA due diligence. Include contractual warranties that all subcontractor and agency personnel hold valid permits. Reserve audit rights and require periodic compliance certificates.
4. Internal escalation protocol. Designate a compliance officer who receives immediate notification of any permit discrepancy. Document every step taken in response.
5. Training. Train all hiring managers and HR staff on the criminal implications of Law 5275/2026, with annual refresher sessions and written acknowledgements.
6. Legal counsel on retainer. Engage criminal defence counsel with experience in Greece migration law before any compliance issue escalates.

Landlords: Tenant Verification, Leases and Record Preservation

1. Identity and permit verification. Require all prospective tenants who are third-country nationals to provide a valid passport and residence permit. Copy and retain these documents.
2. Lease clauses. Include a contractual clause requiring the tenant to maintain valid immigration status throughout the tenancy and to notify the landlord of any change.
3. Periodic re-verification. For long-term leases, verify permit status at renewal and at regular intervals (annually at minimum).
4. Safe referral pathways. If a tenant’s status becomes unclear, do not evict without legal advice. Refer the tenant to legal aid organisations and consult your own counsel before taking any action that could be characterised as obstruction or, conversely, as continued facilitation.
5. Record retention. Preserve all documentation, copies of permits, correspondence, lease agreements, for a minimum of five years. These records are your primary defence in the event of investigation. Landlords dealing with property law changes in Greece should ensure broader compliance as well.

NGOs: Intake, Volunteer Screening and Operational Boundaries

1. Legal risk assessment. Commission a formal legal opinion on the organisation’s specific activities, assessed against the facilitation provisions of Law 5275/2026.
2. Standard operating procedures (SOPs). Develop written SOPs for every activity that involves contact with individuals who may be in illegal stay, food distribution, legal information sessions, transportation, shelter referrals.
3. Volunteer screening and training. Screen all volunteers, brief them on criminal exposure risks, and require signed acknowledgement of operational boundaries.
4. Legal sign-off for high-risk activities. Require written legal approval before undertaking any activity that involves transport, accommodation or direct assistance that could be characterised as facilitating entry or stay.
5. Internal escalation and incident reporting. Establish a clear chain of command for reporting police contact, investigations or arrests. Ensure all staff and volunteers know to contact the organisation’s designated criminal defence counsel immediately.

Defending Migration Charges in Greece: If You Are Investigated or Charged

When an investigation begins, whether through a police visit, a labour inspection, or a formal summons, the actions taken in the first hours are critical. The following defence playbook outlines the immediate triage steps that employers, landlords and NGOs should follow.

Immediate actions (first 24 hours):

1. Contact specialist criminal counsel immediately. Do not attempt to handle the situation internally. Defending migration charges in Greece requires specialist knowledge of both criminal procedure and migration law.
2. Preserve all evidence. Issue an immediate internal hold on all relevant documents, employment records, payroll data, lease files, email correspondence, permit copies, subcontractor files. Do not delete, amend or destroy anything.
3. Instruct staff on their rights. Every employee, volunteer or manager approached by authorities has the right to remain silent and the right to have a lawyer present during questioning. Instruct staff to politely identify themselves, state that they will cooperate through counsel, and provide the contact details of the organisation’s lawyer.
4. Do not make voluntary statements. Spontaneous admissions, even well-intentioned explanations, can and will be used as evidence. All substantive communication with investigators should be conducted through or in the presence of legal counsel.
5. Document the interaction. Record (in writing, immediately after the event) the names and ranks of officers, questions asked, documents requested or seized, and anything said by either side.

Available defence strategies include:

• Absence of knowledge. Demonstrating that the accused had no actual knowledge of the individual’s illegal stay status, and that reasonable due diligence was conducted.
• Documented compliance. Producing contemporaneous records showing that right-to-work checks, tenant verification or operational SOPs were followed.
• Humanitarian exception. For NGOs, arguing that the activity fell within a recognised humanitarian exception, though, as noted, the scope of this defence remains ambiguous and counsel-dependent.
• Absence of mens rea. Challenging the prosecution’s ability to prove the requisite mental element, particularly in cases where the accused relied on documents that appeared valid at the time.
• Proportionality and constitutional challenges. In appropriate cases, challenging the proportionality of criminal sanctions for conduct that was previously treated as administrative.

What to Say When Authorities Visit: A Short-Form Script

For HR managers, landlords or NGO staff approached by police or investigators:

• “I am happy to cooperate. I would like to contact our legal representative before answering any questions.”
• “I can confirm my name and role. I will not be making any further statements until our lawyer is present.”
• “Please provide your name, rank and the legal basis for this visit. I will record these details for our records.”

Do not volunteer information, speculate about colleagues’ activities, or consent to a search beyond what is legally required without legal advice. Consult the lawyer directory if you do not already have criminal defence counsel in place.

Policy Templates and Suggested Contractual Clauses

Organisations seeking to minimise criminal exposure under Law 5275/2026 should embed compliance into their standard documentation. The following clause headings and templates should be reviewed and adapted by legal counsel to suit specific operational circumstances.

Recommended clause headings for employment contracts:

• Right-to-work warranty. The employee warrants that they hold a valid residence and work permit for the duration of their employment and will notify the employer immediately of any change to their immigration status.
• Permit renewal obligation. The employee undertakes to apply for renewal of any permit at least 60 days before expiry and to provide documentary proof of the application.
• Termination for permit failure. The employer reserves the right to suspend and, if the position cannot be preserved, terminate the employment relationship if the employee fails to maintain valid authorisation.

Recommended clause headings for subcontractor agreements:

• Labour compliance warranty. The subcontractor warrants that all personnel assigned to the project hold valid residence and work permits.
• Audit rights. The principal reserves the right to audit the subcontractor’s permit verification records at any time.
• Indemnification. The subcontractor shall indemnify the principal against all losses arising from immigration non-compliance.

Recommended clause headings for lease agreements:

• Tenant immigration status declaration. The tenant declares that they hold a valid residence permit and undertakes to maintain lawful immigration status throughout the tenancy.
• Notification obligation. The tenant will notify the landlord in writing within seven days of any change to their immigration status.

For NGO memoranda of understanding and volunteer agreements:

• Operational boundaries clause. The volunteer acknowledges the criminal risks associated with facilitation offences and agrees to operate strictly within the organisation’s approved SOPs.
• Consent to legal briefing. The volunteer confirms attendance at a legal risk briefing and acknowledges the boundaries of permissible activity.

Resources and Next Steps

The legal landscape surrounding illegal stay in Greece is evolving rapidly. Organisations should monitor the Hellenic Ministry of Migration and Asylum for updated guidance and implementing regulations. The official Government Gazette text of Law 5275/2026 remains the authoritative reference for all statutory provisions. Those with interests in related areas should review the Greece Golden Visa 2026 changes for broader immigration policy context.

For urgent matters, including active investigations, arrests or requests for policy review, specialist criminal defence counsel should be engaged without delay.

Sources

1. Hellenic Ministry of Migration & Asylum, Residence Permits
2. Law 5275/2026, Government Gazette Text (Kyriakides Georgopoulos PDF)
3. Hellenic Ministry of Migration & Asylum, Official Portal
4. Refugee Support Aegean, Criminalisation of Illegal Stay
5. Bernitsas Law, Overview of Law 5275/2026
6. PwC Greece, Legalflash: New Immigration Law
7. EY Greece, Law 5275/2026 Immigration Policies
8. Siopi Law, Recruitment of Third-Country Nationals Under Law 5275/2026