Residence permit

Author

Felicia Nica with support from JRS Romania Visit Website

The duration of residence permits granted for refugee status is 3 years and for subsidiary protection 2 years.[1]

The conditions for issuing a residence permit – in the form of a card – are prescribed by the Asylum Decree.[2] In order to obtain a residence permit, issued free of charge ,the beneficiary of international protection has the obligation to submit a document to IGI-DAI which proves his or her legal residence. This can be a: title of ownership; lease agreement registered with the fiscal administration; commodity contract concluded in authentic form; or any other documents concluded under the conditions of validity provided by Romanian legislation in force regarding the housing title, which prove the acquisition of some housing rights.[3]

Responsibility for issuing the residence permits lies with IGI-DAI. In practice there are no difficulties in the issuance of the residence permit. However, the AIDRom representative in Timișoara stated that beneficiaries encounter difficulties in obtaining a rental contract fulfilling the conditions required by the authorities. Currently, the landlords do not want to declare to the authorities that they rented out their apartments.

The beneficiary of international protection has to fill in a standard form,[4] which is usually filled in together with the officer in charge. The time of issuance of the residence permit card is issued differs from one Regional Centre to another: 1 week or even sooner in Bucharest, 3 weeks in Timișoara, according to the director of the regional centre of Timișoara, 3 weeks Rădăuţi, 3 weeks in Galaţi, 3 weeks in Şomcuta Mare, 2-3 weeks in Giurgiu.

In 2021, AIDRom reported that a period of 1 to 2 months usually elapses between the form of protection being granted and the issuance of the residence permit. The issuance of a residence permit is subject to a rental contract. Many beneficiaries of international protection encounter difficulties in finding an apartment. In a very few cases, IGI-DAI accepts to accommodate them in the centre and to issue a rental agreement.[5]

According to IOM ROMANIA the residence permit is issued within 30 days of the date of submission of the necessary documents. The time may be exceeded if additional documents are required or due to a large volume of applications. Difficulties and delays may arise when the beneficiaries do not understand the procedure and do not bring all the required documents.[6]

As regards the renewal of residence permit, beneficiaries of international protection do not encounter any problems. Before the expiry of the residence permit, they fill in a request of renewal and a new card is issued in the same time frame as mentioned above.

In Timisoara, 193 residence permits were issued in 2021, according to the director of the centre.

IGI-DAI delivered 514 residence permits to refugees and 678 to subsidiary protection beneficiaries in 2021. These were residence permits issued for the first time; beneficiaries had not held another residence permit in the previous 6 months[7]

[1] Article 20(6) Asylum Act.

[2] Article 51 Asylum Decree.

[3] Article 50(3) Asylum Decree.

[4] The form is available at: http://bit.ly/2xaDCgJ.

[5] Information provided by AIDRom, 14 January 2022.

[6] Information provided by IOM ROMANIA ROMANIA, 19 February 2022.

[7] Information provided by IGI-DAI, 10 March 2022.