Ministry of Internal Affairs
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FREQUENT QUESTIONS BREXIT

1. If I already have a permanent residence permit/card which is valid for 10 years do I have to apply for another residence document or is this enough?

Yes. Beneficiaries of Art. 50 TEU who have obtained a right of permanent residence on Romanian territory, prior to Brexit, will be afforded recognition until 31 December 2021 of the documents issued them by the General Inspectorate for Immigration. Consequently, the holder of the permanent residence card must apply to the territorial office of the General Inspectorate for Immigration at the place of residence, in order to issue a new document (permanent stay permit).

2. I entered Romania on January 1st, 2016 but I didn’t register myself until the January 1st, 2017. On January 1st 2021 I would have been here for 5 years but I would have only been registered for 4 years, can I apply for permanent stay or will I need to apply for a temporary permit?

The right of permanent residence shall be granted, upon request, to persons who, at the time the request is made, are holders of a right of temporary stay in Romania and fulfill cumulatively the conditions of Article 13 of Emergency Ordinance no. 204 of 23 November 2020. One of the conditions imposed by the law is that the applicant had the right to stay temporarily on Romanian territory continuously during the last 5 years prior to the application. Consequently, you need to prove that you have legally stayed in Romania between January 1st, 2016 and January 1st, 2017.

3. When renewing temporary stay what kind of border crossing document should we present?

The request for the extension of the right of temporary stay, submitted to the territorial office of the General Inspectorate for Immigration at the place of residence of the beneficiaries of Article 50 TEU, shall be accompanied by a valid border crossing document. The right of temporary stay in Romania, of the beneficiaries of art. 50 TEU, is extended if they hold a valid passport, among other documents requested. The Romanian authorities may exceptionally accept expired travel documents if the document expired after entering Romania and, for reasons independent of the control of the person concerned, it could not be extended.

4. I would like to apply for the new status in the second part of 2021 because of the pandemic. Is there any information that I have to consider during this period?

The beneficiaries of Art. 50 TEU who have obtained a right of permanent residence on Romanian territory or have been registered on Romanian territory prior to Brexit, will benefit of the recognition, until 31 December 2021, of the documents issued by the General Inspectorate for Immigration. Therefore, if you are the holder of a document issued by the General Inspectorate for Immigration, you must request the recognition of these documents until the deadline mentioned above.

5. I would like to apply for permanent residence and I would like to know what documents I need to provide.

If you have obtained until December 31, 2020 the right of permanent residence on Romanian territory you can request the recognition of this right. It is important that the application for the issuance of the new permanent stay permit is made by December 31st, 2021.

In order to apply for a permanent stay permit as a beneficiary of art.50 TEU, you need:

application form;

a border crossing document in original and one copy;

statement of criminal history or another document of equal legal value issued by the authorities of their state of domicile or residence;

evidence of legal ownership/rental of the living space at the official address they declare as their residence or domicile on Romanian territory.

6. I have not submitted an application for the new status yet but my passport will expire in 2021. Can I wait until the end of December 2021 and apply for the new status with the new passport?

Yes.

If you are currently the holder of a valid registration certificate or residence card issued by one of the territorial offices of the General Inspectorate for Immigration, you can request by and including on 31 December 2021 the recognition of the new status and the issuance of the temporary stay permit or permanent stay permit, as appropriate.

7. Is the statement of criminal history needed when applying for temporary residence?

No, such document is not required when applying for a temporary stay permit.

8. If I already have a permanent residence and now I am reapplying for permanent residence under the new status, what are the documents that I need in order to apply? Do I need the ”statement of criminal history”?

The application for the issuance of the permanent stay permit will be accompanied by the following documents: a border crossing document in original and one copy; statement of criminal history or another document of equal legal value issued by the authorities of their state of domicile or residence; evidence of legal ownership/rental of the living space at the official address they declare as their residence or domicile on Romanian territory.

The application for a permanent stay permit must be submitted to the competent territorial office of the General Inspectorate for Immigration by and including on 31 December 2021.

9. My registration document has a different address on it, where I do not reside at anymore but I still have access to it. Since the address on the certificate is not the address of the house that I am currently renting, will this be a problem?

No, it is not a problem from the perspective of applying for the new status. According to the law, you have the obligation to inform the territorial office of the General Inspectorate for Immigration, within 30 days, in case of change of residence or domicile address.

10. Will those who want to apply for post-January 2021 for permanent stay have to follow the procedure for non-EU citizens?

Withdrawal Agreement beneficiaries who prove a legal and continuous residence on the territory of Romania for the last 5 years, can apply for the right of permanent residence in accordance with the WA after January 1st, 2021, until December 31st, 2021, in accordance with Governmental Emergency Ordinance 204/2020.

Otherwise, the application for a permanent stay permit will be examined on the basis of national regulations, which are different for third-country nationals belonging to a non-EU state.

11. You mention the salary certificate for those who change their temporary certificate. Are you referring to a proof of all wages and modifications in the contract?

The certificate of salary issued by the employer is the document proving the means of maintenance and certifying the income of the British citizen.

There is no uniform format, it is only necessary for the employer to confirm that the person concerned is an employee, as well as the amount of the income at the time of application.

12. For those married to Romanian citizens, in Romania, should the marriage certificate be brought or it is not necessary?

Yes. Under the law, the proof of the relationship is provided by the marriage certificate issued by the Romanian authorities.

13. Are new documents issued for 5 years or for the duration of those previously issued?

The temporary stay permit is valid for 5 years, and the permanent stay permit is valid for 10 years. In the case of minors aged under 14, the permanent stay permit is valid for 5 years.

14. I am a British medical student living in Iași. I would like to know which documents I will need to bring to get a new permit after Brexit.

If you exercised your right of residence in Romania in accordance with Union law before 31.12.2020 and continue to reside in Romania after the end of the transition period, you can register to obtain a post-Brexit residence permit.

For this purpose, it is necessary to address the territorial office of the General Inspectorate for Immigration at the place of residence until no later than 31 December 2021, with an application for a temporary stay permit, accompanied by the following documents: border crossing document in the original and one copy; valid health insurance; proof of legal possession of the living space at the address you declare as your residence on Romanian territory; proof of sufficient means to support you and your family members (which may be made by affidavit).

15. It is possible to apply online for the new stay permit?

The stay permit, issued at the request of the applicant, will contain his biometric data, so it is necessary that the application for the issuance of this document be submitted personally by the applicant to the territorial office of the General Inspectorate for Immigration at the place of residence or domicile.

16. Where can I find a temporary stay application form as a beneficiary of the BREXIT Withdrawal Agreement?

Standard applications for the issuance of the temporary stay permit, the permanent stay permit and the conditions under which they may be issued are available on the website of the General Inspectorate for Immigration at: http://igi.mai.gov.ro/sites/default/files/cerere_permis_de_sedere_temporara_brexit.doc.

17. If a person has temporary residency in Romania and pays contributions to the Romanian public healthcare system, when they apply for the new temporary residency permit, will it be necessary to show proof of health insurance? If so, what documentation is necessary?

The documents proving the healthcare insurance are in accordance with the applicable law on Romanian territory. In order to obtain the document by which, according to the law, the healthcare insurance can be proved, you can contact the competent institutions, respectively the territorial offices of the Health Insurance Houses, or the National Health Insurance House of Romania.

If you have concluded an employment contract in accordance with the law, the proof of healthcare insurance can be demonstrated by the valid employment contract and „print screen” from the general register of employees, in the section where the data on the employment contract can be found.

18. I live in Ilfov County but I have changed my address, so I will not receive the letter which has been mailed to me. I would like to know which IGI office I must bring my documents to in order to apply for the WA right to reside. Also, at what times?

Regarding the change of residence or domicile address, within 30 days, you have the obligation to inform the territorial office of the General Inspectorate for Immigration about this change.

The applications for the new status are to be filed with the territorial office of the General Inspectorate for Immigration at the place of residence or domicile, during the working hours with the public. Information on the address and working hours of the territorial offices for immigration can be obtained by consulting the website of the General Inspectorate for Immigration at: http://igi.mai.gov.ro/ro/node/contact.

19. I received a letter regarding the requirement to register again for residency rights. Taking into account that I will complete my studies and leave the country by June/July of 2021, would I still need to re-register?

The new status can be requested until 31.12.2021. In case you do not wish to continue your residence on the territory of Romania after this date, you are not obliged to apply for a residence permit attesting to the new status.

ULTIMA
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