Tolerating

If you are a foreigner or do not have Romanian citizenship, citizenship of another member state of the European Union or the European Economic Area or citizenship of the Swiss Confederation and no longer have the right to stay in Romania and for objective reasons you cannot leave national territory, the General Inspectorate for Immigration can grant you a tolerated stay in Romania

Objective reasons for granting tolerated stay according to the provisions of OUG no.194 / 2002:

  •  you are charged or indicted in a criminal case and the magistrate imposes the measure of prohibition on leaving the town or country, you have been convicted by final court decision and you have to serve a custodial sentence and you do not comply with the law granting a residence permit

  •  when the measure of ordered detention against you has stopped;

  •  when your temporary presence in Romania is required by important public interests. In this case, the tolerated stay is granted at the request of authorities or public institutions

  •  when you are in a situation prohibiting removal and you cannot have a temporary right to stay granted or extended

  •  when the suspension of the obligation to return was ordered

  •  when escorted removal cannot be executed within 24 hours, but there are serious indications that it is unnecessary for you to be held in detention

  •  when the General Inspectorate for Immigration finds that temporarily inability to leave Romania is due to other unpredictable circumstances beyond your control and that cannot be removed.

The prosecutor, by ordinance, or, where appropriate, the court, by concluding, gives the tolerated stay decision for foreigners in the national territory where there are substantial grounds to believe that they are victims of human trafficking and their presence is necessary for the proper conduct of criminal proceedings;

 

What documents are needed to grant tolerated stay

If you are in one of the situations listed above, you can apply for tolerated stay in order to remain on Romanian territory at the territorial unit of the General Inspectorate for Immigration county in which you wish to be taken into account. In this regard, you must submit the following documents:

a) written request
b) documents proving the existence of reasons why you cannot leave Romania.

After reviewing the application, if the answer is positive, you will be scheduled for the issuance of a tolerated stay document..

 

What are the obligations of the beneficiaries of a tolerated stay

Dupa ce ati obtinut tolerarea ramanerii pe teritoriul Romaniei aveti urmatoarele obligatii: sa va prezentati periodic, la un interval doua luni sau ori de cate ori sunteti chemat la structura Inspectoratului General pentru Imigrari care v-a acordat tolerarea, sa anuntati orice schimbare a resedintei si sa respectati valabilitatea teritoriala a tolerarii. Tolerarea are valabilitate teritoriala limitata la raza de competenta a structurii Inspectoratului General pentru Imigrari care i-a eliberat documentul de tolerat, iar orice deplasare in afara acesteia este permisa numai cu aprobare prealabila.

Be careful!!! If you do not comply with the obligations set out above, the General Inspectorate for Immigration may revoke the tolerance, by a reasoned decision. At the same time, in this situation, the measure of taking into public custody may be ordered against you.

• to have the document to be tolerated at all times, not to alienate it and to present it to the bodies of the competent authorities whenever requested;
• to notify the General Inspectorate for Immigration about the theft, loss, deterioration or destruction of the document to be tolerated, within a maximum of 5 days from finding any of these situations.
Failure to comply with the last two obligations shall be sanctioned with a fine.

Employment of foreigners who have obtained tolerance

For as long as they were allowed to stay in Romania, foreigners have access to the labor market, under the conditions provided by law for Romanian citizens (it is not necessary to obtain the employment approval for employment). The right to work granted to foreigners who have been granted the tolerance of staying on the Romanian territory ceases in law in all situations in which the toleration ceases.
The employer who has hired a tolerated foreigner has the obligation to communicate to the General Inspectorate for Immigration, within 10 days from the start of the activity, a copy of the individual employment contract, as well as of the documents attesting that the foreigner is tolerated.
Also, the employer who has hired a tolerated foreigner has the obligation to communicate to the General Inspectorate for Immigration, within 10 days, the modification or termination of the individual employment contract concluded with the foreigner.

The tolerated stay cease in the following situations

If the reasons for the granting of the tolerated stay cease, you have to leave Romanian territory. The tolerated stay also ceases in case of granting or extension of the right to stay in Romania, if you have been allowed to remain in Romania according to Law. 122/2006 on asylum in Romania, with subsequent modifications or upon your leaving Romanian territory.
Upon cessation of the reasons that led to the granting of the tolerated stay you will be removed immediately from the Romanian territory, without prior notice, except in one of the situations referred to in par. (9) letter a) and b) of Article 106 ind 2 of OUG 194/2002 on foreigners in Romania, republished, with subsequent amendments
You can challenge the refusal of tolerated stay on the territory of Romania within 5 days from the notification, to the Court of Appeal competent in your area. The court decides within 30 days, the court ruling is final.

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