[pn2009]

I want to obtain a Greek Passport. My father was born in Greece. He is baptised Greek orthodox. Emegrated to Australia as a young boy. Is now a natuaralised Australian but has not renounced his Greek citizenship. I have his birth certificate from Greece. My father married my mother in the Roman Catholic Church in 1970. I am baptised Greek orthodox. I have been refused citizenship on the grounds of their marriage. What can I do?

[lawanwadee]

Consult experienced immigration lawyer.

[acrules3]

Weddings that occurred before 1982 between a Greek Citizen and a non-Greek Citizen fall into a special category of the law. In your specific case, it appears that your father was Greek Orthodox and married a Roman Catholic in the Roman Catholic Church. Greece did not recognize that marriage before 1982.

Although Greece changed the law in 1982 to retroactively recognize all marriages between Greek and non-Greek citizens, it did not provide for the children of these marriages to be Greek citizens as of their birth.

However, there is a remedy in your case as a new Citizenship Code passed in Greece in 2004 - it is law 3284/2004, and the applicable wording for you is in article 14 pagraph 2:

2. Τέκνο που γεννήθηκε από Έλληνα πατέρα και αλλοδαπή μητέρα πριν από την ισχύ του Ν. 1250/1982 (16.7. 1982), εφόσον θεωρείται γνήσιο σύμφωνα με τη διάταξη του άρθρου 7 παράγραφος 3 του ανωτέρω νόμου, γίνεται Έλληνας, αν δηλώσει τη σχετική βούληση του στον Γενικό Γραμματέα της Περιφέρειας ή στην Ελληνική Προξενική Αρχή του τόπου της κατοικίας του ή της διαμονής του.

[rough translation: The child who was born of a Greek father and a foreign mother prior to the validation of law 1250/1982 (16 July 1982) as long as he is considered legitimate according to the ordinance of article 7 paragraph 3 of the above law, becomes Greek if he reports his wish to the General Secretary of the Periphery or to the Greek Consular Service of his place of residence or abode].

My recommendation is for you to have the following information with you when you contact the Greek Consulate in your area:
1) The specific wording of the law as it refers to your case [Law 3284/2004, article 14, paragraph 2]
2) Your father's municipal registration from the municipality in Greece where he is registered [the Consulate can find that for you if you have a birth certificate]
3) Proof that you are a legitimate child [i.e. your parents' wedding certificate certified with an apostille, and your own birth certificate certified with an Apostille]
Once you have all that information, you will request that you wish to become a Greek Citizen. Your citizenship will NOT be retroactive to your birth, and will be effective on the day of your application.

Note: the whole process [after the application] will take between 1 and 3 years, depending on the municipality where your father is registered. But it will go through. Your case is a straightforward one.

Best of luck.