Who can apply for long-term residence in Romania and under what conditions is it granted?

If you are a citizen of a non-UE / EEA State, have a valid right to stay in Romania and want to get long-term residence in this state, you must meet certain conditions. The steps are: request the right of residence for a long period from the territorial units of the General Inspectorate for Immigration in the county where you live, and if the answer is positive, submit the documents for obtaining the long-term residence permit.

You can get this right as a family member of a Romanian citizen, as well as for other purposes of stay in Romania (eg work, commercial activities, family reunification, etc.)The long-term residence permit is valid for 10 years if you are a family member of a Romanian citizen and is valid for 5 years if you stay in Romania for other purposes provided by law.

Conditions for granting the long-term right to stay

In order to obtain the long-term right to stay, you must have had a continuous stay in Romania during the last 5 years. The stay is considered a continuous period if the absence from the Romanian territory is inferior to 6 consecutive months and does not exceed a total of 10 months and if no action of removal from the national territory was ordered against you.

Also, the period during which you have traveled abroad pursuing activities of international transportation and for which you can present written evidence in this regard is not considered absence from Romania.

The length of stay for study purposes is calculated at half for the long-term residence and the residence under short-stay visa, under the diplomatic or employment visa or the one obtained for the pursuing of seasonal worker or au pair worker activities cannot be taken into account.

You cannot get a long term right of residence in Romania if you fall into one of these categories

you have a right of temporary residence for studies,
you are an asylum seeker or a beneficiary of temporary humanitarian protection or you enjoy temporary protection of the Romanian state,
you are in Romania with short-stay visa or visa / right to stay conferred by diplomatic or work visa,
you have a right of residence for work as a seasonal worker or an au pair worker.
Documents required to obtain the long-term right to stay

The first step in order to establish your domicile in Romania is getting the long term right to stay. In this regard you must submit the following documents:

– application
– Border crossing document (passport, travel document, etc.) in original and duplicate
– Proof of the living space (original and duplicate)
– Proof of social health insurance
– Proof of financial means of support (except for family members of Romanian citizens)
– Criminal record certificate issued by the Romanian authorities
– Civil status documents (if applicable).

You can apply for the long term right to stay for minors only if you received this right. In this regard you must submit the following documents:
– application
– Border crossing document (passport, travel document, etc.) in original and duplicate
– Proof of the living space (original and duplicate)
– Birth certificate translated and legalized / apostilled (depending on the state issuing the document)
– Authenticated consent of the parent who does not have a long term right to stay in Romania.

Applications for the long term right to stay will be resolved in 6 months, and for objective reasons this period may be extended by another 3 months, with the knowledge of the applicant. You will receive the answer in writing within 15 days from settlement of the request.

If the answer is positive, within 30 days from receiving the notification, you must submit the necessary documents for the issuing of the long-term residence permit to the territorial units of the General Inspectorate for Immigration where the demand was recorded.

Any denial of the long-term right to stay and the reasons that led to it will communicated in writing to the applicant within 15 working days from settlement of the request. Any denial of the long-term right to stay may be appealed within 30 days from the communication to the Court of Appeal. Any denial of the long-term right to stay has no legal effect on the applicant’s right of residence.

The documents necessary for issuing the long-term residence permit:
– application
– Border crossing document (passport, travel document, etc.) in original and duplicate
– Proof of the living space (original and duplicate)
– fees.

Documents required for the renewal of the long-term residence permit:
– application
– Border crossing document (passport, travel document, etc.) in original and duplicate
– Proof of the living space (original and duplicate)
– fees.

If you are the holder of a long term right to stay in Romania, you are entitled to equal treatment under the law compared to the Romanian citizens, as follows:
– you can work on Romanian territory without authorization to work, under an individual work contract approved by the Territorial Labor Inspectorate.
– you have access to all forms and levels of education and professional training, including the granting of scholarships, validation of the studies and recognition of the diplomas, certificates, certificates of competence and professional qualifications,
– you enjoy social security and protection, healthcare and social assistance
– you benefit from tax deductions on your global income and from tax exemptions
– you have access to public goods and services, including the obtaining of housing, freedom of association and affiliation and membership to a trade or professional unions.

The long-term right to stay ceases in the following situations:
– in case of cancellation or revocation
– in case of obtaining a long-term right to stay in another State
– in case of absence from the Romanian territory for a period exceeding 12 consecutive months, except if during that time you benefited from a right of temporary residence in a Member State of the European Union
– in case of absence from the Romanian territory for a period longer than 6 consecutive years, even if during this time you benefited from a right of temporary residence in a Member State of the European Union
– on demand
– on acquiring Romanian citizenship
– 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 a period greater than 2 consecutive years of the long-term resident, holder of a long-term residence permit with the mention “Ex-EU Blue Card holder “, or members of his family who have been granted long-term resident status
– in case of cancellation of international protection in Romania and if the long-term right to stay was obtained in this capacity.

In case the long-term right to stay will cease under Article 70. (3) b) c) or d) of OUG (Government Emergency Order) 194/2002 on foreigners in Romania, and you are in Romania, within 30 days from the date of communication you can apply for a temporary stay permit for the purpose and under the conditions provided by OUG 194/2002 as amended and supplemented (details in Legislation section).

If the long-term right to stay conditions ceased under the conditions of Article 70. (3) b) – d) of OUG 194/2002 with subsequent modifications, you may be given a new long term right to stay in terms of the ordinance, after a legal and continuous residence in Romania for a period of 12 months.

The long term right to stay of a former holder of the EU Blue Card does not stop if the foreigner can prove that the absence from the territory of the Member States of the European Union, the European Economic Area or of the Swiss Confederation was motivated by the exercise of economic activity as a paid employee or independent worker, or by the exercise of activity on a voluntary basis or for reasons of study in the home country.

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