Author
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 theResidence 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
Prior to 2017, the applications for family reunification were assessed by IGI-DAI Bucharest. Currently, family reunification applications are to be 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 2021 per regional centre
In Giurgiu, according to the director of the centre 12 applications were made of which 11 were admitted and one was rejected.
Timișoara: According to the director of Regional Centre Timișoara, there were three cases of family reunification in 2021 and they were admitted. AIDRom was not aware of the total number of applications; however, they assisted five people within this procedure in 2021. Of the five, three were admitted and two are still pending.[8]
In Galaţi there were many applications for family reunification, which were admitted, except the cases where the form of protection was revoked.
Rădăuţi: around 30 requests were lodged; all of them were admitted.
Bucharest: according to the director of Vasile Stolnicu centre, the number of family reuification increased in 2021. In general, all the applications are admitted and the average duration of the procedure was 3-4 months plus one more month until the family members had arrived at the centre.
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.[9]
Şomcuta Mare: according to LADO/ASSOC, 11 requests for family reunification were submitted in 2021, of which 10 requests were submitted by the beneficiaries accommodated in the centre and one by a person who lives outside the centre. Of these, 6 were admitted in 2021. As for the translation fees of the documents these are covered by the NGO. It was also reported that there was one case, where the beneficiary of international protection, a Syrian national, was asked by the service within the Romanian Embassy in Syria, to provide a bank account with a certain amount of money.[10]
It was reported by some of the stakeholders interviewed that in general IGI-DAI requests original documents, but if the applicant cannot present the original documents, he or she is informed that the family members have to present them at the Romanian Embassy.
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.[11] 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.[12]In all cases, the unaccompanied child’s views will be taken into account and given due weight.[13]
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.[14]The decision provided may be challenged under the same conditions as a decision delivered by IGI-DAI in the Regular Procedure.[15]
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.[16] 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.[17]
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.[18]
In Galaţi, it was reported that an unaccompanied child who applied for family reunification requested the assistance of the NGO representative, who was in contact with IGI-DAI and his legal representative. In 2021 there was one case reported.
In Rădăuţi, the reunification procedure is triggered by the NGOs. In 2021, there were three applications made by unaccompanied minors.
In Şomcuta Mare the procedure is initiated by the unaccompanied minors, with the assistance of the legal representative, according to LADO/ASSOC.[19]
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.
Timisoara: the director of the centre reported that in 2021 there may have been 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]
Timișoara: The average duration of the procedure was a maximum of six months and three more months until the family member arrives in Romania, according to the director of IGI-DAI. AIDRom also stated that the procedure takes 5-6 months until the decision is communicated and 9 months – from the date of submission until the family member’s arrival in Romania.[23]
Şomcuta Mare: According to LADO/ASSOC the average duration of the family reunification procedure is 90 days, the time frame prescribed by the law and family members arrive between 4 and 7 months later.[24]
Rădăuţi: at the beginning of the year the decision was communicated within one month, but when they had an influx of asylum seekers the decision was communicated within 6-7 months. The family members arrived in Romania in 4 weeks.
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.[25]
Giurgiu: The procedure takes between 1 week and 3 months. In exceptional cases, where the applicant has not submitted all the documents the procedure can be longer than2-3 months, according to the director of the centre. The family members arrive in 45-90 days. According to the JRS representative the average duration of the procedure was 6-7 months.
Galaţi: In general, the procedure takes around 8-9 months and it depends on the case officers’ workload. In the case of an unaccompanied minor the procedure lasts less than 3 months.
In 2019, 123 applications for family reunification were submitted, of which 46 were from nationals of Somalia, 45 from Syria, 10 from Iraq, 9 from Afghanistan, 4 from Turkey, 2 from Cameroon, 2 from Rwanda, 2 from Palestine, 1 from Comoros, 1 from Bangladesh and 1 from a stateless person. IGI-DAI took 95 decisions, of which 79 were admitted and 16 dismissed (12 Somalia and 4 Syria).[26]
In 2021, IGI-DAI reported a total of 405 applications for family reunification (182 Syria, 124 Somalia, 27 Afghanistan, 22 stateless, 19 Iraq, 14 Yemen, 4 Nigeria, 4 Bangladesh, 4 Rwanda, 2 Eritreea, 1 Myanmar, 1 Ivory coast, 1 Palestine), of which 180 were admitted and 7 dismissed.[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 AIDRom, 14 January 2022.
[9] Information provided by IOM ROMANIA ROMANIA Romania, 19 february 2022.
[10] Information provided by LADO/ASSOC, 14 January 2022.
[11] Article 72(1) Asylum Act.
[12] Article 72(2) Asylum Act.
[13] Article 72(2) Asylum Act.
[14] Article 72(3) Asylum Act.
[15] Article 72(4) Asylum Act.
[16] Article 73(1) Asylum Act.
[17] Article 73(2) Asylum Act.
[18] Article 73(3) Asylum Act.
[19] Information provided by LADO/ASSOC, 3 February 2022.
[20] Information provided by IOM ROMANIA ROMANIA Romania, 19 February 2022.
[21] Information provided by IOM ROMANIA ROMANIA Romania, 19 February 2022 and Information provided by LADO/ASSOC, 3 February 2022.
[22] Article 31(4) Asylum Decree.
[23] Information provided by AIDRom, 14 January 2022.
[24] Information provided by ASSOC, 16 February 2021.
[25] Information provided by IOM ROMANIA ROMANIA Romania, 19 February 2022.
[26] Information provided by IGI-DAI, 20 February 2020.
[27] Information provided by IGI-DAI, 16 February 2021.