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The long-stay residence permit in Romania

What are the main conditions for obtaining the long term residence in Romania for foreigners?

The first step in obtaining the long term residence in Romania is requesting the granting of this right at the territorial units of the General Inspectorate for Immigration in the county that you live in.

This right can be claimed both as a family member of a Romanian citizen, and for another purpose of your stay in Romania, such as family reunification, commercial activities etc.

The conditions that must be met for granting the right of long term residence in Romania are:

▪ you have a right of continuous residence in Romania in the last 5 years preceding the application, as follows:

• your period of absence from the Romanian territory is less than 6 consecutive months and does not exceed 10 months in total;

• no measure of removal from the national territory was disposed against you.

In establishing the continuous and legal stay period, half the length of residence for study purposes is taken into consideration. However, in establishing this period, there will not be taken into account the right of residence offered by a short-stay visa, diplomatic visa or work visa, nor the residence right obtained for carrying out activities as seasonal workers.

It is useful to know that this period may be reduced to four years in the situation that your status as a refugee has been recognized or you are granted subsidiary protection in Romania, depending on the degree of integration in society.

Also, if you have been recognized as a refugee or have been granted subsidiary protection in Romania, and you are married for at least 5 years with a Romanian citizen, this period will be reduced by half.

▪ you can prove that you dispose of the necessary means of subsistence reaching the level of the national minimum net salary, except for the foreigners who are family members of Romanian citizens;

▪ you prove to have a social health insurance;

▪ you prove to legally hold a housing space

▪ knowledge of the Romanian language at least at a satisfactory level;

▪ you do not represent a threat for the public order or national security.

The foreigners of Romanian origin or born in Romania, as well as those whose stay is in the interest of the Romanian state, may receive long term residence right solely by fulfilling the condition of not representing a threat for the public order or the national security.

The minors whose parents hold a long term residence may receive the same statute, without fulfilling the condition regarding the continuous residence in Romania in the last 5 years preceding the application; in case only one of the parents holds a long term residence, the consent of the other parent is needed in authentic form.

The foreigners who prove to have made investments of minimum EUR 1.000.000 or have created over 100 full time places of work, may receive the long term residence permit if they fulfill the last 4 conditions mentioned above.

The long term residence right granted to holders of EU Blue Card who had a right of continuous residence on the territory of the Member States of the European Union, the European Economic Area or of the Swiss Confederation in the past 5 years preceding the application, as holders of EU Blue Card, in case that for 2 out of the 5 years they had the right of continuous residence in the 2 years preceding the date of the application, as holder of the EU Blue Card, in Romania, is obtained provided the following requirements are cumulatively fulfilled:

▪ in the said period they were not absent from the Member States of the European Union, the European Economic Area or of the Swiss Confederation for a period exceeding 12 consecutive months and the period of absence does not exceed 18 months in total;

▪ during this period of time, no measure of removal from Member States of the European Union, the European Economic Area or of the Swiss Confederation was disposed against the foreigner in question;

▪ they present proof of disposing of the necessary means of support to the minimum gross salary guaranteed in payment, except for foreigners who are members of Romanian citizens;

▪ they prove to have a social health insurance;

▪ they prove to legally hold a housing space

▪ knowledge of the Romanian language at least at a satisfactory level;

▪ they do not represent a threat for the public order or national security.

For which period of time is the long term residence right valid for in accordance with Romanian law?

The long-term residence permit is granted for a period of 10 years in case you are a family member of a Romanian citizen or a period of 5 years if the purpose of your stay falls under those provided by law.

Can the long term residence permit be revoked? If yes, under which conditions?

Yes, the long term residence right shall cease:

• In case of cancellation or revocation;

• in case of a long-term residence permit obtained in another State;

• during the absence from the Romanian territory for a period exceeding 12 consecutive months, unless within that period you have benefited from a temporary right to stay in a Member State of the European Union;

• in case of absence from the Romanian territory for a period of more than 6 consecutive years, even though during this period you were the beneficiary of a right of temporary residence in a member state of the European Union;

• by request;

• by acquiring Romanian citizenship or in case of absence from the territory of the Member States of the European Union, the European Economic Area or of the Swiss Confederation for more than 2 consecutive years by the person whom has a long term residence right, owner of a long term residence permit with the mention "Former EU Blue Card holder", or members of his family who have been granted the long-term resident status.

What documents do I need in order to request a long term residence in Romania?

In order to apply for a long term residence permit, you must present a standard application accompanied by the following documents:

• documents regarding the crossing of the state’s frontier;

• justifying documents regarding the legal holding of a housing space;

• justifying documents regarding the means of subsistence;

• proof regarding the social health insurance;

• the criminal record issued by the Romanian authorities;

• civil status documents, if it’s the case;

• poof of payment of the taxes.

The applications for long-term residence rights are solved in 6 months, with the possibility of extending that period for up to 3 months.

If the request is approved, within 30 days from receiving the notification you must submit the following documents attached to the application for issuing the long-term residence permit:

• documents regarding the border crossing;

• justifying documents regarding the housing space;

• proof of payment of the taxes.

Is there a possibility of my long term residence right to be denied?

Yes, there is the possibility of your application being denied.

The refusal as well as the reasons for its formulation, will be communicated in writing to the applicant within 15 days of the resolution.

The refusal to grant long-term residence rights can be appealed within 30 days from the communication to the Court of Appeal.

The refusal to grant long term residence rights does not have any legal effect on the right of residence of the applicant.

What are my rights once I obtained my long term residence permit in Romania?

The holders of a long term residence permit benefit of equal treatment as compared to Romanian citizens in respect to:

•  access on the labor market, without work permit, based on an individual labor contract approved by the Labour Inspectorate;

•  access to all forms and levels of education and professional training including to granting of scholarships, validation of studies and recognition of diplomas , certificates, competence attestations and professional qualifications;

•  social security, social assistance and protection;

•  public health assistance;

•  tax deductions on global income and tax exemptions;

•  access to public goods and services including obtaining of dwellings;

•  freedom to enter into associations, for affiliation and belonging to an union or professional organization.

Do I have the right to establish a domicile in Romania, as a foreigner who has received his long term residence permit in this country?

The foreigners, who hold a long term residence permit, according to immigration Romania law, have the right to establish or move their domicile on the Romanian territory, under the same conditions with the Romanian citizens.

We are happy to hear you want to permanently move to our country. Don't worry about the legal matters while planning to live in Romania and let our lawyers in Bucharest handle your long term residence, hassle-free and at a very competitive fee. Call us now for a free consultation.

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