Residence Procedure for UK Nationals in Romania Following Brexit Transition
Procedure for UK nationals and their family members to secure residence in Romania post-Brexit transition, including eligibility criteria, required actions, and relevant deadlines.
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Presentation Transcript
RESIDENCE IN ROMANIA PROCEDURE FOR UK NATIONALS FOLLOWING UK S WITHDRAWAL FROM THE EU
BENEFICIARIES OF ARTICLE 50 OF THE TREATY ON EUROPEAN UNION Emergency Ordinance no. 204/2020 on the establishment of measures for the application of the WA lays down the technical measures for the regulation of the right of entry and residence on the Romanian territory of the WA beneficiaries The beneficiaries of article 50 of the Treaty on European Union: - British citizen who are in Romania and continue to have their residence on the Romanian territory at the end of the transition period - family members living with them or joining them after the end of the transition period {in case they qualified as family members before the end of the transition period} - children born or adopted after the end of the transition period. According to the WA, the transition period ends on the 31stof December 2020.
GENERAL ASPECTS To ensure a sufficient period of time, in order to request and acquire the status of beneficiary of the WA, the documents issued by the General Inspectorate for Immigration under Government Emergency Ordinance no. 102/ 2005 (Registration Certificate, Residence Card for the Third country nationals who are family members of EU citizens, permanent Residence Card) remain valid until the 31stof December 2021. Two major categories: - British citizens and their family members who were issued residency documents under Government Emergency Ordinance no. 102/2005 on free movement on the Romanian territory of EU citizens - British citizens and their family members who have entered and still are on the Romanian territory on the 31stof December 2021, but were not issued residency documents under Government Ordinance no. 102/2005 on free movement on the Romanian territory of EU citizens
ACTIONS NEEDED Registered citizens can submit an application for the issuance of the new document, until the 31stof December 2021. You may contact the territorial immigration structures {42 structures, one in each county}, in order to get an appointment for the submission of the applications. The applications will be submitted personally at the territorial immigration structures and will be processed within 30 days; if additional checks are needed, the deadline for processing might be delayed with a maximum of 15 days. The unregistered citizens, who entered in Romania between 1-31 December 2020, may request, within 90 days since the entry, the extension of the temporary residence right under the WA and under the Emergency Ordinance no. 204/2020 on the establishment of measures for the application of the WA There is also the possibility to register under Government Emergency Ordinance no. 102/ 2005 on free movement on the Romanian territory of EU citizens- until the end of December 2021, but you also must apply for the new status before the end of December 2021.
THE RESIDENCE PERMIT Issued free of charge The application for the renewal of the residence permit must be submitted at least 30 days before expiry of the current residence permit 3 categories of residence permits: - temporary residence permit- valid for 5 years - permanent residence permit- valid for 10 years - frontier worker permit- equal to the validity of the labor contract, but no longer than 5 years
THE REQUIRED DOCUMENTS FOR TEMPORARY RESIDENCE PERMIT (1) Application Form {it can be downloaded from the public website of the General Inspectorate for Immigration} A valid border crossing document {original and copy} A valid health insurance - in the social health insurance system in Romania - health insurances concluded in other member states that produce effects in Romania - other health insurance which covers, on the Romanian territory, at least the risks covered by the health insurance in the Romanian social health insurance system Proof of legal ownership of the living space - a purchase contract {if you are owner} - lease - bailment - donation contract - other documents proving the legal ownership
THE REQUIRED DOCUMENTS FOR TEMPORARY RESIDENCE PERMIT (2) Proof of means of support - pay certificate - pension slip - statement of income and contributions owned by individuals - bank statement - any other equivalent documents - in the case of students, evidence of means of support can be brought in the form of an affidavit According to Law 416/2001 on the guaranteed minimum income, the amount of means of support is 135,5 Romanian lei
THE REQUIRED DOCUMENTS FOR THE TEMPORARY RESIDENCE PERMIT OF THE FAMILY MEMBERS (1) Application Form {it can be downloaded from the public website of the General Inspectorate for Immigration} A valid border crossing document {original and copy} A valid health insurance - in the social health insurance system in Romania - health insurances concluded in other member states that produce effects in Romania - other health insurance which covers, on the Romanian territory, at least the risks covered by the health insurance in the Romanian social health insurance system Proof of legal ownership of the living space - a purchase contract {if you are owner} - lease - bailment - donation contract - other documents proving the legal ownership
THE REQUIRED DOCUMENTS FOR THE TEMPORARY RESIDENCE PERMIT OF THE FAMILY MEMBERS (2) Proof of kinship - marriage certificate {in the case of spouse} - birth certificate {in the case of direct descendants- children of the British citizen, including the adopted ones, regardless of the citizenship, as well as the ones of the spouse or of the partner} Birth certificate {in the case of direct ascendants- parents, regardless the citizenship, which are supported by the British citizen, as well as the ones of the spouse or of the partner} Document attesting the registered partnership {in the case of a registered partnership} Document attesting a long-term cohabitation {in the case of an unregistered partnership}
THE NECESSARY DOCUMENTS FOR THE TEMPORARY RESIDENCE PERMIT OF THE FAMILY MEMBER (3) Document issued by the state of citizenship or of residence proving that the family member is the dependent of the British citizen, that they form a household, or, from medical reasons, they need the assistance of the British citizen {in case of dependent persons} Document attesting the fact that the presence in Romania of the family member is needed by the British citizen so as not to be deprived of a right of stay granted on the basis of the Emergency Ordinance no. 204/2020.
PERMANENT RESIDENCE PERMIT (1) Two categories of persons: - British citizens and their family members registered under the Government Emergency Ordinance no. 102/2005 on free movement on the Romanian territory of EU citizens - British citizens and their family members which will fulfill the conditions for permanent residence in the future For the recognition of permanent residence under Emergency Ordinance no. 204/2020, the holders of permanent residence cards, must apply for the new status, before the 31st of December 2021, with the submission of the following documents: - Application Form {it can be downloaded from the public website of the General Inspectorate for Immigration}
PERMANENT RESIDENCE PERMIT (2) A valid border crossing document {original and copy} A statement of criminal record or another document of equal legal value, issued by the authorities of the state of domicile or residence Proof of legal ownership of the living space - a purchase contract {if you are owner} - lease contract - bailment - donation contract - other documents proving the legal ownership The British citizens and their family members which will fulfill the conditions for permanent residence in the future, after a period of 5 years of legal stay in Romania, must submit an application for the recognition of permanent residence, accompanied by the following documents:
PERMANENT RESIDENCE PERMIT (3) Application Form {it can be downloaded from the public website of the General Inspectorate for Immigration} A valid border crossing document {original and copy} Proof of legal ownership of the living space - a purchase contract {if you are owner} - lease contract - bailment - donation contract - other documents proving the legal ownership Proof of means of support - pay certificate - pension slip - statement of income and contributions owned by individuals - bank statement - any other equivalent documents - in the case of students, evidence of means of support can be brought in the form of an affidavit Minors can obtain the right of permanent residence without the condition of a five years legal stay, provided that one parent or both parents are granted the right of permanent residence in Romania
FRONTIER WORKER PERMIT The British citizen, beneficiary of article 50 TUE, not a resident on the Romanian territory, employed in Romania before the end of the transition period and continuing the activity after the end of the transition period The application for the new status must be accompanied by the following documents: -Application Form {it can be downloaded from the public website of the General Inspectorate for Immigration} - A valid border crossing document {original and copy} - Labor contract {original and copy}
OBLIGATIONS OF THE BENEFICIARIES OF ARTICLE 50 OF THE TREATY ON EUROPEAN UNION Comply with Romanian law while staying in Romania. Refrain from staying on Romanian territory beyond the period for which their stay was authorized, and take all necessary steps to leave Romania before the end of that period. Comply with checks when crossing the national border, as required by law. Report within 30 days, to the territorial office of the General Inspectorate for Immigration of the Ministry of Home Affairs granting the right of stay, about the following: - any change occurred in their personal situation, especially change of name, citizenship, domicile or residence, conclusion, termination or annulment of marriage, birth or adoption of a child, death of a family member located on Romanian territory. - extension of the validity or change of the document needed for crossing the national border. - apply for a new residence permit in case they change their name, citizenship, domicile or residence when they report the changes occurred in their personal status. - report within 48 hours, to the police office that has territorial jurisdiction, the theft or loss of the document needed for crossing the national border or the identity document. In case the beneficiaries of art. 50 TEU change their domicile or residence, the deadline starts running as of the date they take residence at their new address.
