Obtaining a residence permit in Romania

Types of residence permit in Romania

In the light of immigration regulations, according to GEO 194/2002 on the regime of foreigners in Romania, the residence permit is defined as the identity document issued by the Romanian Immigration Office, under the terms of the law, to the foreigner to whom the right of residence in Romania is extended or to whom the right of permanent residence is granted.

In order to obtain a residence permit, a series of documents are required, which must be submitted at least 30 days before the expiry of the right of residence granted by the visa, to the territorial units of the General Inspectorate for Immigration in the county where you live.

It is important to mention that the residence permit can be applied for after you have entered the country and it gives you the right to stay in Romania for a certain period. However, before submitting the documents to obtain a residence permit, you should check which type of residence permit you are applying for to find out the conditions under which you can obtain it. In general, types of residence permit are classified according to the purpose for which you are applying to stay in the country, for example:

• residence permit for family reunification;
• residence permit for employment;
• residence permit for setting up a business;
• residence permit for studies;
• residence permit for scientific research;
• residence permit for religious activities.

Residence permit in Romania for work purposes

Foreign nationals from third countries, i.e. countries that are not part of the European Union, the European Economic Area or the Swiss Confederation, have the right to be employed in Romania, subject to specific conditions regarding access to the labour market. Therefore, any person wishing to be employed on the territory of the country must first obtain an employment permit for a permanent worker from a legal entity employer, and then a long-stay visa for employment. After obtaining this visa, the foreigner will enter Romania through any border crossing point open to human trafficking and will have to report to the county unit of the Romanian Immigration Office where the employer operates.

Documents required for issuing a residence permit in Romania for work purposes

The extension of the right of temporary residence and the issuance of a residence permit in Romania for work purposes will be made after submission of the following documents:

• border crossing document (original and copy);
• valid work permit (original and copy);
• individual employment contract or civil agreement (original and copy). The employment contract must be endorsed by the Territorial Labour Inspectorate in the case of limited liability companies. In the case of employment contracts concluded by foreigners with joint-stock companies or State institutions, the I.T.M. does not have to endorse them. The civil agreement must be concluded with a sports organisation, in accordance with the law, if the foreigner is working as a professional sportsman. Secondment contracts must be endorsed by the tax authorities of the employer’s tax domicile;
• proof of means of subsistence: this must be at least equal to the minimum wage in the economy and must result from the individual employment contract. In the case of employment contracts concluded with state institutions, the salary mentioned must be in accordance with the provisions of Law No 154/1998 on the system for determining basic salaries in the budgetary sector and allowances for persons holding positions of public dignity, as subsequently amended and supplemented.
  proof of legal ownership of the living space (original and copy);
• medical certificate;
• proof of payment of fees.

Long-term residence permit in Romania

The regulations in this area allow foreign citizens to obtain a long-term residence permit if they have had continuous residence on Romanian territory for the last 5 years prior to the application. According to the definition provided by GEO 194/2002, the stay is considered continuous even if the person has been absent from the territory of the country, but the period of absence must meet two cumulative conditions:

• the period of absence from the territory of Romania must be less than 6 consecutive months;
• the period of absence must not exceed a total of 10 months during the 5 years.

However, the period for which the person has travelled abroad in order to carry out international transport activities and for which documentary evidence can be presented in this regard is not considered as absence from the territory of Romania.

It is also relevant that no expulsion measure must have been ordered against the foreign national.

As regards the situation of minors, they can obtain a long-term residence permit only if one or both parents hold a long-term residence permit. Such minors may be granted a long-term residence permit without fulfilling all the conditions laid down for adult citizens. If only one parent holds a long-term residence permit, the consent of the other parent is required, in authentic form.

Permanent residence permit in Romania

The application for a permanent residence permit is also submitted to the territorial units of the Romanian Immigration Office by filling in a standard application form accompanied by the following documents:

a) the document for crossing the state border;
b) documents proving the legal ownership of the living space;
c) documents proving the means of support;
d) proof of social health insurance;
e) criminal record certificate issued by the Romanian authorities.

When applying for a permanent residence permit, applicants will also be interviewed in order to establish their level of knowledge of the Romanian language. The applications are examined by a specially constituted commission, by order of the Head of the Romanian Immigration Office, which makes reasoned proposals for each case. The time limit for processing applications is a maximum of 6 months from the date of registration. For objective reasons, the Head of the Romanian Immigration Office may extend this deadline by another 3 months, with the applicant’s notification.

Temporary residence permit in Romania

Temporary residence permits are issued to foreign nationals when the right of temporary residence is granted or extended. The address where the foreigner declares that he/she is residing in Romania is written on the temporary residence permit.

The validity of the temporary residence permit is limited to the period for which the right of temporary residence has been granted or, where applicable, extended. The temporary residence permit shall be renewed each time the temporary residence right is extended because it gives the foreigner the possibility to stay on the territory of Romania for a determined period, under the conditions of the law.

Required documents residence permit

As there are several types of residence permit, the documents required to obtain the right of residence in our country vary depending on the purpose for which the application is made.

For example, persons wishing to obtain a residence permit as the spouse of a Romanian citizen must submit the following documents:

• request
• original and copy of the border crossing document (passport, travel document, etc.);
• identity document of the Romanian citizen;
• marriage certificate issued by the Romanian authorities (if the marriage was concluded abroad, the certificate will be transcribed at the Romanian Civil Status Offices);
• a written declaration that the foreigner has not concluded another marriage;
• proof of legal ownership of the dwelling at the address at which he/she declares to be staying in Romania in original and copy;
• proof of social health insurance;
• medical certificate;
• proof of payment of taxes.

In the social and economic context, the field of immigration has an unexpected expansion and the regulations in this field are extensive, so it is important to constantly check the conditions under which a residence permit can be applied for and which documents are required depending on the objective.

Residence permit fee

The fees you have to pay for a residence permit may vary from case to case, but the standard ones are:

• 120 euro (the equivalent in lei) consular fee. This can be paid either in cash at the Treasury/C.E.C. to the state budget account, or by bank settlement from your own account opened at a credit institution in Romania, to the state treasury account;
• RON 259 representing the countervalue of the residence permit.

Extension of residence permit in Romania

Foreigners who have entered Romania on the basis of a long-stay visa, as well as those who are exempted from the requirement to obtain a long-stay visa, may have their temporary residence permit extended by the Romanian Immigration Office or its territorial units.

It can be seen from the national regulations that the right of temporary residence in Romania can be extended successively only for periods of up to one year.

Applications for the extension of a temporary residence permit must be submitted in person by the applicants, at least 30 days before the expiry of the period for which they have been approved for residence, to the territorial units of the Romanian Immigration Office of the place of residence.

Necessary documents for residence permit extension in Romania

As mentioned above, in addition to the application for extension of the temporary residence permit, the foreigner will attach a number of documents that may vary depending on the purpose for which the residence in Romania is requested. However, the following set of documents is found in almost every file requesting an extension of the right of residence:

• the original and a copy of the State border crossing document;
• a medical certificate issued by a public or private health institution stating that they do not suffer from diseases that may endanger public health;
  proof of legal ownership of the accommodation at the address at which
• he/she declares to be residing in Romania;
• proof of social health insurance;
• proof of means of support;
• proof of payment of the fees related to the extension of the right of residence and the cost of the document issued for this purpose.

The request contained in the file for the extension of the residence permit will be examined within 30 days from the date of submission, the Immigration Inspectorate being obliged to formulate a response even if it is negative. In the event that additional checks are required to establish that the conditions for extending the residence permit are met, the deadline for processing the application may be extended by a maximum of 15 days.

In the less pleasant situation where, at the time of submission of the application, the general conditions and the special conditions laid down in national legislation for the purpose of the stay are not met, the foreigner shall be refused an extension of the temporary residence permit in Romania. Even in this situation, the law allows the foreign citizen a defence mechanism against the unjustified refusal of the Immigration Inspectorate to issue or extend the temporary residence permit, and the foreign citizen may bring an action before the competent administrative court.

An immigration lawyer in Romania from Blaj Law can guide and represent you in obtaining a residence permit. Contact us!