There is no difference between refugees and subsidiary protection beneficiaries in relation to the criteria and conditions for family reunification.
Eligible family members
Article 2(j) of the Asylum Act defines family members of the beneficiary of refugee status or subsidiary protection, to the extent that the family is in the country of origin at the date of the asylum application made by the sponsor, as:
- Spouse;
- Minor unmarried children of the beneficiary or the spouse, with the condition that they are unmarried, regardless of whether they are born in the marriage or out of wedlock or adopted in accordance with the national law of the country of origin.
The law does not set out any waiting period before a beneficiary of international protection may apply for family reunification. The law does not prescribe any deadline for applying for family reunification. The beneficiary of international protection in Romania may apply for asylum for his or her family members as long as they are not on the territory of Romania.[1] Beneficiaries of international protection are also not required to prove the existence of income, accommodation or health insurance for family reunification.
They only need to prove the family relationship with the family member or the fact that the marriage was concluded before entering the territory of Romania.[2]In practice, if the beneficiary of international protection does not have the financial means to pay for the translation of necessary documents to prove family ties, NGOs might help him or her in covering the costs of translation. In this case, the beneficiary has to wait until he or she receives the Residence Permit, as the terms of the project funded by the national AMIF programme clearly state that costs of such translations may be covered only based on residence permit.
Family reunification procedure
Family reunification applications are processed by every Regional Centre.
According to the law, once the application has been submitted, the beneficiary shall also present original documents (birth certificate, marriage certificate, identity card) to prove family ties with the family members or, in the absence of these documents, any other documents proving the status of family member.[3]
In order to obtain additional data and information on family ties and to clarify other relevant aspects of the asylum application lodged for family members, IGI-DAI must conduct an interview with the beneficiary of international protection.[4]
If the beneficiary of international protection does not present to IGI-DAI sufficient documents showing his or her family relationship with the family member in whose name the application is made, where originals are in the possession of the family member who is in a third country, IGI-DAI must communicate to the Directorate-General for Consular Affairs of the Ministry of Foreign Affairs the list of the necessary documents.[5]
The General Directorate for Consular Affairs requests the diplomatic mission or the consular office of Romania from the country where the family member of the beneficiary of international protection is, to establish the existence of the documents requested by IGI-DAI. The family member must present these documents, in original, to the diplomatic mission or consular office of Romania.[6] The documents shall be sent in copy, with the mention “according to the original”, through the General Directorate for Consular Affairs, to IGI-DAI by the diplomatic mission or consular office of Romania from the country where the family member is present.[7]
Cases of family reunification in 2022 per regional centre
In Giurgiu, according to the director of the centre 10 applications were made and all were admitted.
Timișoara: According to the director of Regional Centre Timișoara, there were seven cases of family reunification in 2022 and they were admitted.
In Galaţi around 50 applications were made, of which 40 were admitted and four rejected. One application was made by an unaccompanied minor.
Rădăuţi: 60 requests were lodged, of which 52 were admitted and eight rejected.
Bucharest: 236 applications were made. There were no statistics on the number of admitted applications provided.
IOM Romania reported that 42 persons received support from them in this procedure. At the end of 2021 some of these applications were still pending and 11 had been admitted.[8]
Şomcuta Mare: according to LADO/ASSOC, nine requests for family reunification were submitted in 2022, of which six requests were admitted. It was also reported IGI-DAI does not request original documents, furthermore the family reunification form to be filled contains the following wording: “copies of personal documents”.[9] According to the director of the centre, 53 requests for family reunification were filed, of which two were rejected.
Specific procedure for unaccompanied children
The Asylum Act provides for a family reunification procedure for unaccompanied children, with specific requirements. The family reunification for unaccompanied minors, beneficiaries of international protection, shall be done with respect to his or her best interests.[10] The procedure may be triggered ex officio by IGI-DAI. In this case the consent of the legal representative and/or the unaccompanied child is also required.[11]In all cases, the unaccompanied child’s views will be taken into account and given due weight.[12]
If the unaccompanied child’s family has been traced, the case officer analyses the possibility and the conditions for carrying out family reunification and issues a reasoned decision in this respect.[13]The decision provided may be challenged under the same conditions as a decision delivered by IGI-DAI in the Regular Procedure.[14]
IGI-DAI shall take, as soon as possible, the necessary measures to trace the unaccompanied child’s family, while protecting his or her best interests.[15] The unaccompanied child’s opinion on the tracing of his or her family is taken into account and given the due importance, in relation to his or her age and maturity.[16]
The data and information collected for the purpose of family tracing are processed in accordance with the principle of confidentiality, especially when the life or physical integrity of a child or his or her close family who have remained in the country of origin is endangered.[17]
In Galaţi, it was reported that applications made by an unaccompanied minor are assessed slowly. There was a case of a child who applied for family reunification in July 2022 and as of February 2023 she still had not received a decision. According to the director the procedure is initiated by the legal representative joinly with the NGO representative.
In Rădăuţi, the reunification procedure is triggered by NGOs. In 2022, there were six applications made by unaccompanied minors, according to the director.
In Şomcuta Mare in 2021 the procedure was initiated by the unaccompanied minors, with the assistance of the legal representative,[18] while in 2022 the procedure was initiated by the legal representative, according to LADO/ASSOC.[19] According to the director of the centre no applications were made by unaccompanied children.
In Bucharest the family reunification procedure in case of unaccompanied children is triggered by IGI-DAI, according to IOM Romania.[20] Conversely, the director of Vasile Stolnicu reported that the procedure is triggered by the legal representative and the application is drafted with the support of NGOs.
Timişoara: the director of the centre reported that in 2022 there was a single unaccompanied minor and the request was filled by the legal representative.
It was noted that IOM Romania and LADO/ ASSOC are of the opinion that an unaccompanied minor who attains the age of majority during the asylum procedure does not retain his/her right to family reunification,[21] contrary to the judgment of the CJEU in Case C-550/16 A and S v Staatssecretaris van Veiligheid en Justitie of 2018.
Time limits and duration
The law prescribes that the family reunification procedure must be completed as soon as possible, not exceeding 9 months from the date the application was made. If further checks are required, the 9-month period may be extended by up to 6 months.[22]
IGI-DAI stated they have no statistics regarding the average duration of the procedure.[23]
Timișoara: The average duration of the procedure was seven months, according to the director of IGI-DAI. AIDRom also stated that the procedure takes five to six months until the decision is communicated and 9 months – from the date of submission until the family member’s arrival in Romania.[24]
Şomcuta Mare: According to LADO/ASSOC the average duration of the family reunification procedure is 90 days, and some family members arrive in three months others six months later, depending on the country of origin and diplomatic relations between the countries.[25] The director is not aware of the duration of the procedure.
Rădăuţi: according to the director the average duration of the family reunification procedure was 6 months. According to the legal counselor the procesure was swift, and in a maximum of one month the decision was communicated.
Bucharest: IOM Romania reported that the length of family reunification procedure varies depending on the complexity of the case and is between 6 and 9 months from the date of submission of the application. Regarding the arrival of the family member in Romania, the period is at least one month from the date of communication of the decision.[26]
Giurgiu: The procedure takes between seven to eight months until a decision is given, according to the director of the centre.
Galaţi: In general, the procedure takes around six to nine months and it depends on the case officers’ workload. For unaccompanied minors the procedure lasts the same amount of time. According to the director of the centre the average duration of the procedure is six months. Family members may arrive in Romania between two months and one year later, depending on the country of origin.
In 2022, IGI-DAI reported a total of 395 applications for family reunification (102 Syria, 223 Somalia, 25 Afghanistan, 10 Pakistan, 9 Palestine, 8 Iraq, 5 stateless, 4 Yemen, 3 Ukraine, 2 Sudan, 2 Bangladesh, 2 Iran), of which 166 were admitted and 3 dismissed and the rest (226) were still pending at the end of 2022.[27]
[1] Article 71(1) Asylum Act.
[2] Article 71(3) Asylum Act.
[3] Article 30(1) Asylum Decree.
[4] Article 30(2) Asylum Decree.
[5] Article 30(3) Asylum Decree.
[6] Article 30(4) Asylum Decree.
[7] Article 30(5) Asylum Decree.
[8] Information provided by IOM Romania, 19 February 2023.
[9] Information provided by LADO/ASSOC, 20 February 2023.
[10] Article 72(1) Asylum Act.
[11] Article 72(2) Asylum Act.
[12] Article 72(2) Asylum Act.
[13] Article 72(3) Asylum Act.
[14] Article 72(4) Asylum Act.
[15] Article 73(1) Asylum Act.
[16] Article 73(2) Asylum Act.
[17] Article 73(3) Asylum Act.
[18] Information provided by LADO/ASSOC, 3 February 2022.
[19] Information provided by LADO/ASSOC, 20 February 2023.
[20] Information provided by IOM Romania, 19 February 2022.
[21] Information provided by IOM Romania, 19 February 2022 and Information provided by LADO/ASSOC, 3 February 2022.
[22] Article 31(4) Asylum Decree.
[23] Information provided by IGI-DAI, 22 February 2023.
[24] Information provided by AIDRom, 14 January 2022.
[25] Information provided by ASSOC, 20 February 2023.
[26] Information provided by IOM Romania, 19 February 2022.
[27] Information provided by IGI-DAI, 22 February 2023.