If you are a foreigner or do not have Romanian citizenship, citizenship of another member state of the European Union or the European Economic Area or citizenship of the Swiss Confederation and no longer have the right to stay in Romania and for objective reasons you cannot leave national territory, the General Inspectorate for Immigration can grant you a tolerated stay in Romania
Objective reasons for granting tolerated stay according to the provisions of OUG no.194 / 2002:
- you are charged or indicted in a criminal case and the magistrate imposes the measure of prohibition on leaving the town or country, you have been convicted by final court decision and you have to serve a custodial sentence and you do not comply with the law granting a residence permit
- when the measure of ordered detention against you has stopped;
- when your temporary presence in Romania is required by important public interests. In this case, the tolerated stay is granted at the request of authorities or public institutions
- when you are in a situation prohibiting removal and you cannot have a temporary right to stay granted or extended
- when the suspension of the obligation to return was ordered
- when escorted removal cannot be executed within 24 hours, but there are serious indications that it is unnecessary for you to be held in detention
- when the General Inspectorate for Immigration finds that temporarily inability to leave Romania is due to other unpredictable circumstances beyond your control and that cannot be removed.
The prosecutor, by ordinance, or, where appropriate, the court, by concluding, gives the tolerated stay decision for foreigners in the national territory where there are substantial grounds to believe that they are victims of human trafficking and their presence is necessary for the proper conduct of criminal proceedings;
What documents are needed to grant tolerated stay
If you are in one of the situations listed above, you can apply for tolerated stay in order to remain on Romanian territory at the territorial unit of the General Inspectorate for Immigration county in which you wish to be taken into account. In this regard, you must submit the following documents:
a) written request
b) documents proving the existence of reasons why you cannot leave Romania.
After reviewing the application, if the answer is positive, you will be scheduled for the issuance of a tolerated stay document..