According to Article 48 para. (1) of the Romanian Constitution, the family is based on marriage between the spouses, on their equality and on the right and duty of parents to ensure the upbringing, education and training of their children. For the purposes of the Civil Code, spouses are defined as a man and a woman united by marriage. Also, Article 27 para. (1) of the Civil Code provides that foreign citizens are assimilated, under the law, to Romanian citizens, as regards their civil rights and freedoms.<\/p>\n
Need legal assistance? The Romanian lawyers in Cluj<\/a> from Blaj Law are here to help. Contact us today for expert advice and representation.<\/strong><\/p>\n These rules are relevant in terms of the legal consequences they produce and the rights conferred on foreign citizens who consent to marry a Romanian citizen. In this context, they will present the rights of a foreign citizen married to a Romanian citizen:<\/p>\n One of the most important rights conferred to non-EU foreign citizens married to a Romanian citizen is the right to obtain the right of residence on Romanian territory, by obtaining a long-stay visa for family reunification purposes and, consequently, a residence permit for family reunification purposes. The residence permit for the purpose of family reunification gives the foreign citizen a temporary right of residence on Romanian territory for a period of 5 years. In order to obtain the temporary residence permit, the foreign citizen must provide proof of marriage to the Romanian citizen, present social health insurance, proof of legal ownership of the living space and a medical certificate stating that he\/she does not suffer from diseases that endanger public health.<\/p>\n Subsequently, a non-EU foreign citizen married to a Romanian citizen has the possibility to obtain the right of long-term residence on Romanian territory, which, in this case, is granted for a period of 10 years for the purpose of family reunification. In order to obtain the right of long-term residence, the foreign citizen must have had continuous residence in Romania for the last 5 years. In order for the stay to be considered continuous, it is not necessary that the foreign citizen does not leave Romania at any time, but only that this period of absence from the territory of Romania is less than 6 consecutive months and does not exceed a total of 10 months. In addition to this condition, the foreign citizen must also provide proof of social health insurance, legal ownership of the living space, knowledge of the Romanian language and not present any danger to public order or national security. The foreign citizen married to a Romanian citizen will be exempted from proving the means of maintenance at the level of the minimum gross basic salary.<\/p>\n Similarly, EU citizens married to Romanian citizens, who have a continuous residence on Romanian territory for at least 5 years can apply for permanent residence, which is granted for a period of 10 years, being necessary to prove the legality and continuity of residence for the last 5 years.<\/p>\n A particularly important consequence of this right, established by Directive 2004\/38\/EC of the Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, is the possibility of retaining the acquired right of residence of the spouse, who is a citizen of another Member State of the European Union, on the territory of Romania in the event of the death or departure of the Romanian citizen from the host Member State. Thus, once permanent residence has been acquired on the territory of Romania, as the spouse of a Romanian citizen and in compliance with all the conditions required to obtain this right, it will not be lost if the spouse, a Romanian citizen, dies, nor if the Romanian citizen leaves Romania, even if the purpose of granting the right of residence was family reunification.<\/p>\n Find out how we can help you. Send us a few details about your case and one of our team will contact you as soon as possible.<\/p>\n Talk to a lawyer <\/a><\/p>\n<\/div>\n Within the family, spouses have equal rights during marriage, regardless of their ethnic origin. Relations between spouses must be conducted in a spirit of equality, affection, tolerance and mutual respect.<\/p>\n The spouses have the right to choose the matrimonial property regime applicable to their marriage, with the practical consequence that the spouses can choose whether or not to share their property, and the spouses can be independent as regards their property.<\/p>\n The foreign national spouse also has equal rights and obligations in terms of raising children and exercising parental authority. Parental responsibility means all the rights and responsibilities incumbent on parents to protect and promote the personal and property rights of the child.<\/p>\n Art. 44 para. (2) of the Romanian Constitution provides that foreign citizens have the possibility to acquire private ownership of land, but only under the conditions resulting from Romania’s accession to the European Union and other international treaties to which Romania is a party, on the basis of reciprocity, as well as by legal inheritance. From the provisions of the constitutional text in question, it follows that it is possible to acquire property rights to land in Romania by legal inheritance.<\/p>\n At present, there is no organic law expressly regulating the acquisition by foreign nationals of ownership of land in Romania by legal inheritance. Therefore, foreign citizens will be able to acquire ownership under the same conditions as Romanian citizens.<\/p>\n According to the Civil Code, in addition to other conditions required by law, the surviving spouse inherits from the deceased spouse if there is no final divorce decree at the time of the opening of the inheritance.<\/p>\n Thus, if at the date of the opening of the succession, the surviving spouse, who is a foreign national, has the capacity to inherit and there is no final divorce decree, he\/she will inherit his\/her spouse, under the same conditions as those applicable to a Romanian national, who may also acquire private property rights over land.<\/p>\n An important right conferred to a foreign citizen married to a Romanian citizen and who has subsequently obtained the right of residence in Romania, is the right to be able to work in Romania, without the need to obtain an employment permit issued by the General Inspectorate for Immigration. This right entitles the foreign citizen, holder of a temporary or long-stay Romanian residence permit<\/a>, to work on Romanian territory without an employment permit, on the basis of an individual employment contract registered with the Territorial Labour Inspectorate.<\/p>\n Foreign citizens who have acquired the right of residence on Romanian territory have the right to receive health care under the same conditions as those established by law for Romanian citizens. However, in order to receive health care, foreign citizens will have to pay a contribution to the health insurance fund. In this respect, Art. 222 para. (1) letter b) of Law 95\/2006 states that all foreign citizens who have applied for and obtained an extension of their temporary residence permit or who are resident in Romania are insured.<\/p>\n A particularly important aspect is that foreign citizens will automatically be insured if the spouse, who is a Romanian citizen, works under an employment contract or is otherwise insured. In this situation, the foreign national will be co-insured and will be able to benefit from the same rights as the insured persons.<\/p>\n1. Right of residence on the territory of Romania<\/h3>\n
Talk to a Immigration lawyer in Romania<\/strong><\/a> today.<\/h5>\n
2. The right to participate equally in social and economic life<\/h2>\n
3. Possibility of obtaining real rights following the opening of a legal inheritance<\/h3>\n
4. The right to work, on the territory of Romania, without having to obtain a work permit in Romania<\/a><\/h2>\n
5. The right of access to health services under the same conditions as those applicable to Romanian citizens<\/h2>\n