Author
During the state of emergency applications for long term residence permits were suspended. The long-term residence permits were valid during the state of emergency.[1]
Long-term residence or permanent residence status is regulated by Government Emergency Ordinance No. 194/2002 (“Aliens Ordinance”). The conditions for obtaining long-term or permanent residence status are prescribed by Article 71 of the Aliens Ordinance and do not differ for refugees and people granted subsidiary protection.
- Lawful residence: Permanent residence status may be granted to refugees or beneficiaries of subsidiary protection who have lawfully resided on the territory of Romania continuously during the last 5 years preceding the filing of the application.[2] Continuity implies that a person has not been absent from Romania for more than 6 consecutive months and shall not exceed 10 months of absence in total.[3]
The 5 years residence term may be reduced to 4 years for beneficiaries of international protection in Romania who actively participate in the economic, social and cultural life of the Romanian society, including following the integration programmes provided by the Integration Ordinance,[4] or are married to a person holding Romanian citizenship for at least 5 years.[5]
According to the law, this period of residence starts from the moment when the asylum application was lodged.[6]
- Knowledge of Romanian language: In addition, the applicant has to know Romanian language at least at a satisfactory level. Usually this requirement is verified by the officer examining the request for a long-term residence card, by having a discussion in Romanian with the applicant.[7]
- Public order / national security: The applicant must not pose a threat to public order or national security.[8]
- Health insurance.[9]
- Accommodation: The applicant has to prove the legal possession of a living space.[10]
- Means of subsistence: The applicant has to prove he or she has at least the level of the gross average income in Romania.[11]
Article 72 of the Aliens Ordinance sets out the documents that the applicant has to submit personally, when requesting the permanent residence status:
- Travel document[12] for which there is an exemption for beneficiaries of international protection;[13]
- Proof of the legal possession of the living space, in accordance with the law;[14]
- Proof of the means of subsistence at the gross average earning in Romania;[15]
- Proof of health insurance;[16]
- Criminal record, issued by the Romanian authorities.[17]
According to IOM Romania difficulties occur when the beneficiaries cannot prove their means of subsistence, for example, if they have no employment contract and do not have social health insurance.[18]
AIDRom reported there was only one case where the request for long-term residence was rejected due to his/her absence from Romania. The authorities erroneously established that the beneficiary was absent for 3 years, when in fact he/she was absent for 2 weeks. However, the issue was solved as AIDRom requested a reassessment of the request. It was also noted, that many times, the beneficiaries miscalculate the deadlines, submit the file and are rejected because their absence from Romanian exceeded the allowed period by only a few days.[19]
Applications for permanent residence status are examined by a special committee of IGI.[20] The decision has to be taken no later than 6 months from the day the application was registered. For objective reasons, the Head of IGI may extend this deadline by another 3 months, dully notifying the applicant.[21]
The applicant is notified within 15 days of the request being granted. Within 30 days from the receipt of the communication, the person who has been granted the right of permanent residence in Romania has to present him or herself to the regional office of the IGI, where the application was registered, for the issuance of the permanent residence permit.[22]
In 2021 in Timișoara 26 applications for a permanent residence permit were made and the decision was issued in minimum 6 months, according to director of Timișoara Regional Centre. In Bucharest 150 applications were lodged and it was also reported that the decision is usually issued in 6 months. In Giurgiu, 7 requests were lodged according to the director and the legal deadlines were respected. The same was reported in Galaţi. In Somcuta Mare 4 applications were submitted and all were admitted.[23] One application was reported in Rădăuţi and it was rejected.
Galaţi: According to the legal counsellor, the beneficiaries of international protection have to prove that they have 12 minimum net wages/ salaries and if they are not working, they have to prove that they have 5,500 EUR in their accounts. It was reported that the majority of applicants had working contracts.
In 2017, 890 long-term residence permits were issued to refugees and 467 to beneficiaries of subsidiary protection.[24] Statistics for 2018, 2019, 2020 and 2021 were not made available.
[1] Information provided by IGI-DAI, 16 February 2021.
[2] Article 71(1)(a) Aliens Ordinance.
[3] Article 71(1)(a)(i) Aliens Ordinance.
[4] Article 71(1)(a)(v) Aliens Ordinance.
[5] Article 71(1)(a)(vi) Aliens Ordinance.
[6] Article 71(1)(a)(vii) Aliens Ordinance.
[7] Ibid.
[8] Article 71(1)(f) Aliens Ordinance.
[9] Article 71(1)(c) Aliens Ordinance.
[10] Article 71(1)(d) Aliens Ordinance.
[11] Article 71(1)(b) Aliens Ordinance.
[12] Article 72(1)(a) Aliens Ordinance.
[13] Article 146 Asylum Act.
[14] Article 72(1)(b) Aliens Ordinance.
[15] Article 72(1)(c) Aliens Ordinance.
[16] Article 72(1)(d) Aliens Ordinance.
[17] Article 72(1)(e) Aliens Ordinance.
[18] Information provided by IOM ROMANIA ROMANIA Romania, 19 February 2022.
[19] Information provided by LADO/ASSOC, 3 February 2022.
[20] Article 73(1)-(2) Aliens Ordinance.
[21] Article 73(3) Aliens Ordinance.
[22] Article 73(4)-(5) Aliens Ordinance.
[23] Information provided by LADO/ASSOC ,
[24] Information provided by IGI-DAI, 14 February 2018.