The right of temporary residence

In case it is found that the requirements for temporary stay are not satisfied, the General Inspectorate for Immigration will communicate its decision to deny issuance of the permanent stay document in writing and will provide the reasons why that decision was made, as well as the court of law where said decision can be challenged.

The denial of the issuance of the temporary stay document can be challenged before the jurisdictional court for administrative litigations.

The deadline for the beneficiary of the Withdrawal Agreement to leave Romanian territory is one month of the date of communication of the General Inspectorate for Immigration’s decision to deny issuance of the temporary stay permit, except for the cases where it is found that the beneficiary of the Withdrawal Agreement must leave Romanian territory at once or within a very short delay so as to avoid an imminent and serious threat to national security.

Decisions to deny issuance of the temporary stay in whose case the deadline for leaving Romanian territory was not complied with, and those mandating immediate departure from Romanian territory, shall be enforced by the specialist staff of the General Inspectorate for Immigration escorting the concerned person to the border or to their country of origin.

If the escorting of aliens cannot be performed within 24 hours, the General Inspectorate for Immigration can request for the concerned person to be taken into public custody, with the appropriate application of Government Emergency Ordinance #194/2002, as republished with subsequent amendments and supplements, concerning the taking into public custody and, as the case may be, tolerating a continued stay on Romanian territory.

The decision to deny issuance of the temporary stay shall be communicated to the beneficiary of the Withdrawal Agreement by:

• the General Inspectorate for Immigration or its territorial entities by handing over a copy thereof, under signature, when the person is present on Romanian territory, or by registered mail at the address they have declared as their domicile, when the person is not present.
• the Romanian Border Police, by handing over a copy thereof, under signature, when the person arrives at the border aiming to enter Romanian territory.

The right of temporary stay of British citizens and their family members shall cease when they are found to be a threat to national security.

The decision on cessation of the right of temporary stay must contain:

• a precise and complete presentation of all factual and legal grounds it relied upon, the decision’s implications for the person concerned;
• information on the court where the decision can be challenged,
• the deadline for filing legal action and the time frame within which the beneficiary of the Withdrawal Agreement is to leave the Romanian territory.

The General Inspectorate for Immigration can rescind, by justified decision, a person’s right of temporary stay in Romania if after they received it there is a finding that:

• on the date of extension of the right of temporary stay the qualification as beneficiary of the Withdrawal Agreement was proven using false information, counterfeit or altered documents, or other illegal means;
• the right of temporary stay was obtained based on a marriage of convenience, found to exist as under Emergency Government Ordinance #194/2002, as republished with subsequent amendments and supplements, or based on a partnership if such was entered or declared as for the purpose of securing the right of stay on Romanian territory;
• the right of residence, secured as under Government Emergency Ordinance #102/2005, as republished with subsequent amendments and supplements, was based on a partnership if such was entered or declared for the purpose of securing the right of stay on Romanian territory.

The temporary stay permit shall be rescinded on the date the decision was and shall be taken back at the latest on the date when that decision is communicated to the person concerned.

The right of permanent residence

The right of permanent stay shall cease in one of the following situations:

• the person is a threat to national security;
• the person is absent from Romanian territory for longer than 5 consecutive years;
• the person concerned files an application to that effect.

For the last two situations, within 30 days of the cessation of the right of permanent stay the beneficiary of the Withdrawal Agreement can apply at the General Inspectorate for Immigration or its territorial entities for the right of temporary stay, as under this Emergency Ordinance.

The General Inspectorate for Immigration can rescind the right of permanent stay, by justified decision, if after such right was granted it is found that:

• on the date of securing that right, the qualification as beneficiary of Art. 50 TEU was proven using false information, counterfeit or altered documents, or other illegal means;
• the right of temporary stay was obtained based on a marriage of convenience, found to exist as under Emergency Government Ordinance #194/2002, as republished with subsequent amendments and supplements, or based on a partnership if such was entered or declared as for the purpose of securing the right of stay on Romanian territory;
• the right of residence, secured as under Government Emergency Ordinance #102/2005, as republished with subsequent amendments and supplements, was based on a partnership if such was entered or declared for the purpose of securing the right of stay on Romanian territory.

The permanent stay permit shall be rescinded on the date the decision was issued and shall be taken back at the latest on the date when that decision is communicated to the person concerned.