Cancellation/Revocation of the right of residence

The General Inspectorate for Immigration cancels by a motivated decision the long term or temporary right of residence in Romania, where it is subsequently found that:

- at the time of granting of the long-term right of residence or of the extension of a temporary residence permit the foreigner did not comply with the conditions of the law in this respect
- the long-term right to stay or the extension of the temporary right to stay was obtained by using false, forged or falsified documents or other illegal means
- the right of residence was obtained based on a marriage of convenience
- the foreigner was previously expelled or returned from Romania and rejoined under another identity in the period of prohibition of entry in Romania.

 

The General Inspectorate for Immigration revokes by motivated decision the right to temporary residence if:​

-following checks carried out by the General Inspectorate for Immigration or notifications received from other competent authorities, according to the law, it appears that the foreigner no longer meets the conditions under which their right of residence was extended or that they no longer meet the purpose for which they were granted this right
-it is found that after grant of a temporary stay, the foreigner married to a Romanian citizen had an absence from the Romanian territory of more than six months within one year, with the following exceptions:

• absence from the Romanian territory for military service regardless of time
• absence from Romania motivated by pregnancy and childbirth
• absence from Romania due to a serious illness
• absence from Romania as a result of extraordinary circumstances which made it impossible for voluntary return
• absence from Romania because of employment or posting by a foreign legal entity.
-it is found that after granting the right to temporary residence for studies, the foreigner has suspended the studies for reasons other than medical ones
-it is found that the foreigner crossed or attempted to cross the border illegally or violated state regulations on the employment of foreigners
-it is found that the foreigner suffers from a disease endangering public health and does not obey to medical treatment measures established by competent authorities. If the disease has occurred after obtaining the temporary residence permit, revocation will be ordered if the foreigner does not obey to measures of medical treatment established by competent authorities, and the disease is likely to prevent the foreigner to fulfill their obligations required from them under the present emergency ordinance
-it is found that the holder of an EU Blue Card or an ICT permit has insufficient resources to maintain themselves and his family at the level of the minimum gross salary guaranteed in payment
-on-demand or on acquiring of Romanian citizenship.
 

The General Inspectorate for Immigration revokes by motivated decision the long-term right of residence when it is found that the permanent resident constitutes a threat to public order, as a result of crimes committed in Romania.

Unemployment is not a reason for revoking an EU Blue Card, unless the period of unemployment exceeds three months in a row or where unemployment occurs several times during the period of validity of the EU Blue Card.

Unemployment is not a reason to revoke the right to temporary residence for employment purposes during the period when the foreigner receives unemployment benefits according to Law no. 76/2002, as amended and supplemented.

 

Decision of cancelation / revocation

Decisions to cancel or revoke the right of residence shall be taken by taking into account the specific circumstances of each case and by respecting the principle of proportionality.

Decision to cancel or revoke the right of residence shall be communicated:

  • by the General Inspectorate for Immigration, to the foreigner who is in Romania, by the decision of return
  • by the Romanian Border Police, to the foreigner who is at the border in order to enter Romania, by handing the decision of cancelation or revocation issued by the General Inspectorate for Immigration.
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