The return decision constitutes an administrative act by which the General Inspectorate for Immigration finds the stay in Romania to be illegal and establishes the obligation for the foreigner to return, as well as a period for voluntary departure.
The return decision shall be issued to foreigners in the following situations:
a) at their request, when their stay in Romania has become illegal
b) if they are caught staying illegally or having overstayed or having exceeded the border area established by the agreement governing the legal regime on small border traffic
c) in case of the revocation or cancellation of the right of residence or of the refusal to extend the right to stay
d) In case of cancellation / revocation of the small border traffic permit or of the entry visa to Romania
e) upon termination of the long term right to stay and if the foreign national has not requested extension of the temporary stay.
The return decision may be appealed within 10 days from the date of communication of the Court of Appeal in whose jurisdiction lies the territorial structure of the General Inspectorate for Immigration who issued a return decision.
The court settles the application within 30 days of its receipt. The court decision is irrevocable. The appeal filed within the legal deadline, against the return decision, suspends the enforcement of the removal measure.
Foreigners who apply for the return decision will presented at the counter of the territorial unit of the General Inspectorate for Immigration, in whose jurisdiction they are, the passport (original and duplicate – of the pages that contain identity data, validity of the document and the last entry stamp).
In case of breach of the right to stay in Romania conferred by visa or residence permit, besides the decision to return against foreign citizens the following measures can be arranged: refusal of entry to Romania and sanctioning.
Against foreigners who do not respect the decision of return or who did not voluntarily leave Romania the removal under escort may be disposed.
The return decision enables the alien to leave the country unaccompanied, as follows:
a) within 15 days for:
1. the foreigner who was found with no right of residence or overstayed or exceeded the border area established by the agreement governing the legal regime on small border traffic
2. the foreigner whose small border traffic permit or whose visa has been canceled or revoked
b) within 30 days for:
1. the foreigner who applied for the return decision before being caught without a residence permit
2. the foreigner to whom the right of temporary residence was canceled or revoked or who was denied extension of this right
3. the foreigner whose long term right to stay has ceased, if they do not meet the conditions for the extension of the temporary residence permit for one of the purposes provided by OUG no. 194/2002 as amended and supplemented.
c) in duly justified cases, taking into account the particular circumstances of each case, such as length of legal stay, the existence of children attending school and the existence of other family ties, the time allowed may be extended on request to up to 30 days.
The return decision may be suspended in the following situations:
– the foreigner is the parent of a child who attends a state or private educational institution, accredited or provisionally authorized by the law, until the end of school year
– the foreigner is married to another foreigner who has a temporary residence permit or permission to remain on Romanian territory, and it is not a marriage of convenience
– the foreigner is in a position forbidding the exit from Romania (is charged or indicted in a criminal case and the magistrate ordered the ban to leave the territory or locality or has been convicted by final court decision and has to serve a sentence depriving him of freedom).
In case of suspension of the return decision, the alien may request the toleration of their stay in Romania.