Guide to obtaining a long-stay visa for family reunification in Romania. Documents required for family reunification residence permit
If you are looking for obtaining a long stay visa for family reunification in Romania, an Immigration Lawyer in Romania from Blaj Law can help you. Contact us!
According to the provisions of GEO 194/2002 on the regime of foreigners in Romania, family reunification is “the entry and stay on Romanian territory of family members of a foreigner legally residing on Romanian territory or of a Romanian citizen, in order to preserve the family unity, regardless of the date of establishment of this family relationship.” (art. 2 lit. e1) of GEO 104/2002).
Therefore, according to the legal provisions, both Romanian citizens and foreign citizens living in Romania have the right to family reunification with foreign citizens. Also, GEO 194/2022 defines the notion of foreigner as “a person who does not have Romanian nationality, the nationality of another Member State of the European Union or of the European Economic Area or the nationality of the Swiss Confederation”. (art. 2 lit. e1) of GEO 194/2002).
I. Approval of family reunification between Romanian citizens and foreigners
The following categories of foreigners can apply for a family reunification visa with a Romanian citizen:
– unmarried foreigners living with unmarried Romanian citizens, if they have at least one child together (partners);
– children of the Romanian citizen, spouse, or partner, including adopted children, who:
– have not reached the age of 21;
– are still in education and are under the age of 26;
– although they are adults, they cannot support themselves for medical reasons.
– first-degree relatives in the ascending line of the Romanian citizen or his/her spouse;
– the foreigner who is the parent of the Romanian citizen who is a minor, if he/she proves that the minor is dependent on him/her or that there is an obligation to pay maintenance, which the foreigner regularly fulfils;
– foreigners, family members of Romanian citizens, who provide proof that they are registered with the right of residence in another EU Member State in this capacity, i.e. as a family member of a Romanian citizen.
What is the procedure for obtaining a long-stay visa for family reunification in Romania?
The visa for family reunification in Romania is obtained by the foreigner who wishes to travel to Romania from the diplomatic missions and consular offices of Romania in the state where he/she resides.
The application for obtaining a long-stay visa for family reunification in Romania is made on the online portal “E-Visa”, and after the application has been processed by the diplomatic mission or consular office, the date on which the foreigner must present himself/herself with all the original documents is set.
What documents must be submitted by the foreign citizen wishing to be reunited with a Romanian citizen?
The application for a long-stay visa for family reunification in Romania submitted by foreigners in the above categories shall be accompanied by the following documents:
– the marriage certificate issued by the Romanian authorities or transcribed under the law or, where applicable, proof of kinship or partnership;
– medical insurance valid for the duration of the trip;
– criminal record certificate or other document with the same legal value, issued by the authorities of the country of domicile or residence and, where appropriate, apostilled or super-stamped;
– the foreigner’s border crossing document (passport);
– documents attesting that he/she is registered with the right of residence in another EU Member State, as a family member of the Romanian citizen, if applicable.
Sometimes, diplomatic missions and consulates also request an invitation for a visa to Romania given by the Romanian citizen in front of a notary public, stating that the foreigner is invited to Romania, what is the family relationship between them, and that the Romanian citizen will provide accommodation for the duration of the trip to Romania.
When can a long-stay visa for family reunification in Romania be refused?
The granting of a Romanian long-stay visa for family reunification may be refused when the application is based on a marriage of convenience previously established or when the existence of bigamy or polygamy is established. Marriage of convenience is established by the Romanian Immigration Office if, following the checks carried out, it appears that the marriage is one of convenience on the basis of the following elements:
(a) there is no marital cohabitation;
(b) the spouses did not know each other before the marriage;
(c) there is no effective contribution to the fulfilment of the obligations arising from the marriage;
(d) the spouses do not speak a language understood by both;
(e) there is evidence that one of the spouses has previously entered into a marriage of convenience;
(f) the spouses are inconsistent or there are inconsistencies in the declaration of personal data, the circumstances in which they met or other relevant information about them;
(g) the conclusion of the marriage was conditional on the payment of a sum of money between the spouses, except for sums received by way of dowry.
II. Approval of family reunification between foreign nationals living in Romania and foreign nationals living in the country of residence
Do you need a residence permit to apply for a long-stay visa for family reunification in Romania?
The Romanian long-stay visa for family reunification can also be applied for by foreign citizens, who are legally on the territory of Romania, having a long-term residence permit or a temporary residence permit valid for a period of 1 year. Foreign citizens who have an EU Blue Card, an ICT permit, a “mobile ICT” permit, or are refugees or beneficiaries of temporary protection can also obtain family reunification in Romania.
In this case, the procedures start on the Romanian territory, being initiated by the foreign citizen, who has the quality of sponsor, as defined by GEO 194/2002 “the foreigner, holder of a residence permit, other than for family reunification purposes, or of an EU Blue Card issued by the General Inspectorate for Immigration, who applies for family reunification or whose family members apply for family reunification with him/her, under the conditions of this Emergency Ordinance”.
Which categories of foreigners can apply for family reunification in Romania?
The sponsor can claim family reunification in Romania for:
– spouse;
– unmarried minor children of the sponsor and spouse, including adopted children;
– unmarried minor children of the sponsor, including adopted children, who are dependent on the sponsor and over whom the sponsor exercises parental rights. If parental rights are exercised jointly, the consent of the other holder of parental rights to the family reunification in Romania requested by the sponsor is also required;
– unmarried minor children of the spouse, including adopted children dependent on the spouse and over whom the spouse exercises parental rights. If parental rights are exercised jointly, the consent of the other holder of parental rights to the family reunification in Romania requested by the sponsor is also required.
– first-degree relatives in the ascending line of the sponsor or spouse, if they are unable to support themselves and do not enjoy adequate family support in the country of origin;
– unmarried adult children of the sponsor or spouse, if they cannot support themselves for medical reasons.
At the same time, unaccompanied minors, beneficiaries of refugee status or subsidiary protection, may apply for family reunification for their first-degree relatives in the ascending line or their legal guardian or, when they do not exist or cannot be identified, any other relative.
Special situations when applying for family reunification in Romania
If the sponsor holds a residence permit for scientific research activities, an EU Blue Card, an ICT permit or a “mobile ICT” permit, they can apply for family reunification in Romania, even if the validity of the residence permit is less than one year.
What is the procedure for applying for family reunification in Romania?
1. Approval given by the General Inspectorate for Immigration
First of all, in order to obtain family reunification in Romania, the sponsor must obtain the opinion of the General Inspectorate for Immigration, for which they must submit an application, accompanied by the following documents:
– marriage certificate/birth certificate or, where applicable, proof of family relationship, issued by the competent authorities, translated and super-legalised or apostilled in accordance with the law;
– a declaration in authentic form from the sponsor that the family members will live with the sponsor;
– a copy of the document attesting the sponsor’s right of residence in Romania;
– proof of legal ownership of living space for a dwelling declared normal for a similar family in Romania;
– proof of means of maintenance;
– proof of the sponsor’s health insurance;
– a written statement from the person who has joint custody of the minor child for whom family reunification is requested, showing consent for the child to live with the sponsor in Romania;
– copy of the travel document of the family member for whom family reunification is requested (passport).
Special situations in granting a long-stay visa for family reunification in Romania
In the case of sponsors who are beneficiaries of refugee status or subsidiary protection, only the following documents need to be submitted:
– marriage certificate/birth certificate or, where applicable, proof of family relationship, issued by the competent authorities, translated and super-legalised or apostilled in accordance with the law,
– a declaration in authentic form by the sponsor stating that the family members will live with him/her and a copy of the document proving the sponsor’s right of residence in Romania.
At the same time, the sponsor is not required to have a living space considered normal for a similar family in Romania, nor to have means of support, in addition to those necessary for their own maintenance according to the law, in an amount corresponding to the minimum gross basic salary per country guaranteed in payment for each family member.
The application for family reunification in Romania is settled within a maximum of 3 months from the date of submission. Once the application for family reunification has been approved, the sponsor will forward the written communication to the family members, who will present it to the diplomatic mission or consular post within 60 days of the date of issue together with the application for a long-stay visa for family reunification.
2. Obtaining a long-stay visa from the embassy or consular office of the country in which the foreigner is staying
The second step is to obtain a long-stay visa for family reunification in Romania of foreigners from the diplomatic missions and consular offices of Romania in the state where the sponsor’s family members reside.
The procedure is similar to the one described above for those who apply for family reunification with a Romanian citizen, i.e. an application is submitted on the online portal “E-Visa”, accompanied by the following documents:
– communication from the General Inspectorate for Immigration, obtained by the sponsor;
– proof of medical insurance during the validity of the visa;
– criminal record certificate or other document with the same legal value, issued by the authorities of the country of residence or domicile and, where applicable, apostilled or super-stamped.
When can a long-stay visa for family reunification in Romania be refused?
– there is a state of bigamy or polygamy;
– the sponsor does not have a living space considered normal for a similar family in Romania;
– the sponsor does not have means of support, in addition to those necessary for his or her own maintenance according to the law, in an amount corresponding to the minimum gross basic salary per country guaranteed in payment for each family member;
– the person for whom family reunification in Romania is requested does not meet the following conditions:
– does not possess a valid document for crossing the state border, which is accepted by the Romanian state;
– is included in the category of persons against whom the measure of prohibition of entry into Romania has been imposed or who have been declared undesirable;
– presents a danger to national defence and security, public order and public health.
The long-stay visa for family reunification in Romania entitles the foreigner to travel and stay in Romania for a period of 90 days. While in Romania, the foreigner will have to apply for an extension of the right of residence, i.e. to obtain a residence permit from the General Inspectorate for Immigration, and the application must be submitted at least 30 days before the visa expires.
