British citizens and their family members who are beneficiaries of the Withdrawal Agreement, who enjoyed, by 31 December 2020, the right of permanent residence on Romanian territory, shall receive recognition of that right after that date as well, if they apply for a permanent stay document until 31st of December 2021.
In this case, the documents required for the issuance of the permanent stay document are:
- application form;
- border crossing document in the original and one copy;
- statement of criminal record or another document of equal legal value issued by the authorities of their state of domicile or residence;
- proof of legal ownership/rental of living space(original and one copy).
Conditions for the recognition of the right of permanent stay
The right of permanent stay will be granted, on demand, to the persons who, on the date their application is being processed, are lawful holders of a right of temporary stay on the Romanian territory and cumulatively satisfy the following requirements:
- they have had a right of temporary stay on Romanian territory constantly over the 5 years prior to filing their application, and over that period they were never subject to any decision or removal from Romanian territory;
- they can prove owning sufficient means to support themselves and their family members, at least at the level of the minimum guaranteed income in Romania;
- they can prove legal ownership/rental of their living space as under the law;
- they are not a threat to national security;
- they are not a threat to public order (this requirement is deemed satisfied if the foreign citizen has not committed criminal violations with intent on Romanian territory that they have received a prison sentence for in excess of 5 years).
British citizens and their family members, beneficiaries of the Withdrawal Agreement requesting recognition of the right of permanent stay shall submit to the territorial offices of the General Inspectorate for Immigration the application for a permanent stay document shall be accompanied by:
- 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.
Permanent stay for minors
British citizens and their family members, who are beneficiaries of the Withdrawal Agreement, shall apply for the right of permanent stay for minor children only if they are beneficiaries of this right. The application shall be made on the basis of the submission of the following documents:
- application form
- a border crossing document (passport, travel document, etc.) in original and copy;
- proof of legal ownership of living space;
- translated and apostilated birth certificate (depending on the issuing state of the document);
- he notarized consent of the parent that does not hold a right of permanent stay on Romanian territory.
Applications for the recognition of the right of permanent stay shall be processed within 30 days of the date they were filed and for objective reasons this time limit may be extended by a maximum of 15 days, with the notification of the applicant.
Permanent stay permits are valid for 10 years of the date of issuance, except for those issued to persons aged under 14, which are valid for 5 years of the date of issuance.
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 permanent stay document can be challenged before the jurisdictional court for administrative litigations.