1. What happens to foreigners whose individual employment contract is suspended?
Suspension of the individual employment contract, carried out under the conditions provided by art. 52 paragraph (1) letter c) of Law no. 53/2003 – the Labor Code, republished, with the subsequent modifications and completions, “in case of temporary interruption or reduction of the activity, without ceasing the employment relationship, for economic, technological, structural or similar reasons”, does not constitute grounds for revoking the right of residence.
2. What happens if my residence permit/long-stay visa/employment notice expires during the state of emergency?
According to Annex 1 – art. 14 of the Decree of the President of Romania No. 195/2020 regarding the establishment of the state of emergency on the territory of Romania, “The validity of the documents issued by the public authorities that expire during the period of the emergency is maintained”.
Also, pursuant to art. 12 of the Military Ordinance No. 2/2020 on measures to prevent the spread of COVID 19 “documents that expire during the period of emergency, issued by the public authorities, can be exchanged within 90 days from the date of cessation of the emergency.”
3. Does the absence from the Romanian territory due to the international movement restrictions caused by the COVID 19 pandemic affect my right of temporary/long-term stay?
In order to verify the fulfillment of the condition of granting the right of long-term residence, reffered to in art. 71 paragraph 1 letter a) (i) of the Government Emergency Ordinance No.194/2002 on the regime of aliens in Romania, during the establishment of the state of emergency, is not considered absence from the territory of Romania;
In order to verify the situations of cessation of the right of long-term residence, reffered to in art. 70 paragraph 3 letter c) and letter d) of the Government Emergency Ordinance No.194/2002 on the regime of aliens in Romania, the absence of foreigners from the territory of the Romanian for a period exceeding 12 consecutive months, respectively more than 6 consecutive years shall be calculated without taking into account the absences of foreigners throughout the period of establishment of the state of emergency;
In order to verify the situations of revocation of the right of temporary residence, reffered to in art. 77 paragraph 3 letter a ^ 1) of the Government Emergency Ordinance No.194/2002 on the regime of aliens in Romania, if an absence of more than 6 months is noted within one year, and the absence is determined by the establishment of the state of emergency, the foreigners shall be exempted according to the provisions of point (iv) which mention the existence of an “exceptional circumstance”.