Long-term residence

Romania

Country Report: Long-term residence Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

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 AIDRom, documents have to be valid for at least 6 months when lodging the request for permanent residence status. As regards the interpretation of conditions, in practice the only issue reported was the health insurance. IGI requires as proof of the person’s contribution to the state health insurance a certificate issued by the County Health Insurance House (CJAS), even though he or she has a work contract.[18]The director of Regional Centre Timișoara confirmed this.

In relation to the proof of health insurance, beneficiaries have to present a certificate confirming that they are paying health insurance. Employees and their co-ensured persons prove their quality of insured with the certificate issued by the employer.[19] In some cases, obtaining this certificate takes a lot of time as it has to be submitted by the employer.

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 2020 in Timișoara 27 applications for a permanent residence permit were made and the decision was issued within 6 months, according to director of Timișoara Regional Centre. In Bucharest 141 applications were lodged and it was also reported that the decision is usually issued in 6 months. In Giurgiu, according to the director the legal deadlines were respected. The same was reported in Galaţi. No applications were reported in Rădăuţi.

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. Difficulties occur when they cannot open bank accounts. It was reported that there was a case when the person could not open a bank account and therefore did not apply for the long-term residence permit. It was reported that the majority of applicants had working contracts.

AIDRom mentioned that there is a lack of clarity in this area as well. AIDRom reported that an application was rejected on the basis that the foreigner has been outside Romania for more than 10 months. The applicant, stating the contrary and having also proofs, challenged the decision at the Court of Appeal and the case is still pending.

In 2017, 890 long-term residence permits were issued to refugees and 467 to beneficiaries of subsidiary protection.[23] Statistics for 2018, 2019 and 2020 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 AIDRom, 16 January 2019.

[19]       Health Insurance House (Casa de Asigurări de Sănătate), Clarifications regading validation of the quality of an insured person for employees, available in Romanian at: http://bit.ly/2Gb71YZ.

[20]       Article 73(1)-(2) Aliens Ordinance.

[21]       Article 73(3) Aliens Ordinance.

[22]       Article 73(4)-(5) Aliens Ordinance.

[23]       Information provided by IGI-DAI, 14 February 2018.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation