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THE PARLIAMENT OF ROMANIA PASSES THIS LAW! (Draft)

Jun 16, 2020

LAW which establishes measures of implementation of the Agreement concerning the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and from the European Community of Atomic Energy, on regulating the right of stay on the Romanian territory

 

Chapter I

General provisions

Article 1. – (1) This law provides certain measures of implementation of the Agreement of withdrawal of  the United Kingdom of Great Britain and Northern Ireland from the European Union, hereafter referred to as The Withdrawal Agreement.

(2) For the purpose of applying this Law, the terms and phrases below shall have the following meaning:

  1. a) beneficiary of art. 50 in the European Union Treaty, hereinafter referred to as beneficiary of art. 50 EUT – the British citizen who is in Romania and continues to have residence on the Romanian territory after the end of transition period, their family members who live with them or who join them after the end of the transition period in case they had the quality of family members before the end of the transition period, as well as children born or adopted after the end of the transition period;
  2. b) family members of the British citizen who live with them in Romania – persons who are in one of the following situations:

(i) husband or wife of the British citizen;

(ii) direct line descendants, including adopted ones, irrespective of their citizenship, under 21 years of age or who are dependant of the British Citizen, as well as the similar descendants of the spouse;

(iii) direct line ascendants, irrespective of their citizenship, dependent of the British citizen, as well as the similar ascendants of the husband/wife;

(iv) partner –a person living with the British citizen beneficiary of art. 50 EUT, if the partnership is registered in accordance with the law of the state of origin or provenance or, in case the partnership is not registered, if the cohabitation relationship can be proven;

(v)dependent person–any family member irrespective of the citizenship who does not go under any of the categories mentioned at items i)- iv), and who, is dependent on the  the British citizen beneficiary of art. 50 EUT in the country of origin or citizenship or is living with the British citizen beneficiary of art. 50 EUT or is in a situation where serious medical grounds require that they receive personal assistance;

  1. c) family members of the British citizen who joins after the end of the transition period

– persons who are in one of the situations mentioned at letters b) item i)-iv);

  1. d) transition period–the period stipulated at art. 126 or art 132 para (1) of the Withdrawal Agreement.

 

CHAPTER II
Provisions concerning the right of stay

SECTION 1
Stay on Romanian territory

Article 3. – This law uses terms and phrases that have the meaning defined in Government Emergency Ordinance no. 194/2002 on the status of aliens in Romania, as republished, with the subsequent amendments and additions, and Government Emergency Ordinance no.102/2005 on freedom of movement on Romanian territory for citizens of Member States of the European Union, of European Economic Space and for the citizens of the Swiss Confederation, as republished, with the subsequent amendments and additions.

Article 4. –The beneficiaries of art 50 EUT enjoy on the Romanian territory the rights stipulated in the Withdrawal Agreement.

Article 5. – (1) The beneficiaries of art 50 EUT shall be under the following obligations:

  1. a) to comply with Romanian law during their stay in Romania;
  2. b) not to stay in Romania longer than the period for which their stay was granted, as well as to make every necessary preparations to leave Romania until that period expires;
  3. c) to comply with state border controls, as required by law;
  4. d) to comply, as required by law, with control by police and other public authorities that have powers to perform such inspections;
  5. e) to report, within 30 days, to the territorial unit of the General Inspectorate for Immigrations subordinated to the Ministry of Internal Affairs which granted them the right to stay with the following information:

(i) any change that has occurred in their personal status, especially change of name, citizenship, domicile or residence, conclusion or termination or nullification of marriage, birth of child, death of a family member who was being on Romanian territory;

(ii) extension of the validity or change of the document enabling the crossing of the state border;

  1. f) to ask for a new identity document in case of change of name, citizenship, domicile or residence, by the time they report the change that has occurred regarding their personal situation;
  2. g) to report, within 48 hours, to the police body that has proper territorial jurisdiction, the theft or loss of their travel document or their identity document.

(2) In case persons under art. 50 EUT change their domicile or residence, the deadline stipulated at para. (1) letter e) starts running as of the date of taking residence at the new address.

Art. 6 – (1) Pesrsons under art 50 EUT who have been granted the right of permanent residence in Romania or have been registered in Romania under and Government Emergency Ordinance no.102/2005 as republished, with the subsequent amendments and additions, before and including the end of the transition period, will have their documents issued by the General Inspectorate for Immigration recognised until and including the date of 31.12.2021.

  • The rights conferred by this law to the family members are kept including after they cease to be dependent on the British citizen as well as in case of death or departure of the British citizen from Romania or in case of divorce, marriage annulment or partnership termination.

Section 2

Provisions on the right to temporary stay

Article 7. – (1) Beneficiaries of art 50 EUT who entered Romania between 01-31.12.2020 can apply can apply at the territorial units of the General Inspectorate for Immigrations, within a maximum of 90 days of the date of withdrawal, for an extension of the right of temporary stay under the terms of the Withdrawal Agreement and of the provisions of this law.

(2) Beneficiaries of art 50 EUT who are holders of residency documents issued based on provisions of the Government Emergency Ordinance no 102/2005, as republished, with the subsequent amendments and additions can apply for the extension of the right of temporary stay under the terms of the Withdrawal Agreement and of the provisions of this law at the territorial units of the General Inspectorate for Immigrations, starting with the date of 01.12.2020 until 31.12.2021 at the latest

(3) The right of temporary stay in Romania shall be extended to beneficiaries of art 50 EUT if the following conditions are met:

  1. a) the persons are not reported by the relevant authorities as a threat to national defence and security or public health;
  2. b) the persons hold a valid travel document, except for the cases where such document expired after entry in Romania and, for reasons independent of that person’s will, could not be prolonged;
  3. c) the persons can prove legal title upon the space they live in and that they actually live in that space which they have declared to be their residence or domicile on Romanian territory;
  4. d) the persons can prove they have the means to support themselves and their family members at least at the level of the minimal income guaranteed in Romania.

(4) The application for extension of the right of temporary stay for beneficiaries of art 50 EUT shall be accompanied by the original travel document and a copy thereof, a valid health insurance, by proof of legal title upon the living space located at the address they have declared to be their residence or domicile on Romanian territory, by proof they have the means to support themselves and, on a case by case basis, by one of the following documents:

  1. a) proof of kinship, in the case of family members;
  2. b) documents issued by the country of citizenship or residence proving the family member is being supported by the British citizen under art 50 EUT or is living together with the British citizen or is in a situation where serious medical grounds require that they receive personal assistance;
  3. c) a document attesting that the partnership relation with the British citizen under art. 50 EUT is registered, in the case of a registered partnership, or documents confirming that the person is in a cohabitation relationship with the British citizen under art. 50 EUT, in the case where the partnership is not registered.

(5) Proof of self support means can be made with a pay slip, a pension slip, the natural persons’ tax return showing their income tax and payment of social contributions, a bank statement or other equivalent documents.

Art. 8 – (1) Family members mentioned at art.2 letter c)who join the British citizen under art 50 EUT starting from 01.01.2021 until 30.09.2021 can apply for extension of temporary stay in Romania until 31.12.2021

(2) Family members mentioned at art.2 letter c)who join the British citizen under art 50 EUT starting with 01.10.2021 are under the obligation to apply for the extension of the right of stay within a maximum of 90 days from their entry to Romanian territory, with the territorial units of the General Inspectorate for Immigration

(3) The right of temporary stay in Romania of family members mentioned at art.2 letter c) is extended if requirements under art 7 para. (3) are met.

(4) The right of temporary stay mentioned in para. (3) shall be extended individually, for each family member, for the same duration of time that was granted to the British citizen under art 50 EUT.

(5) The application for an extension of the right of temporary stay shall be accompanied by the documents stipulated in Article 7 para. (4)

(6) Proof of self support means can be made with the documents stipulated in Article 7 para. (5).

Article 9. – (1) If it is established that at the moment of submitting the application the conditions stipulated in this law are not cumulatively met the extension of the right to temporary stay of people under art. 50 EUT is denied, and art 52 in Government Emergency Ordinance no 194/2002, as republished with subsequent amendments and additions, is applied accordingly.

Art. 10. – (1) The right of temporary stay for people under art. 50 EUT ceases when it is established that they are a threat to national security or they acquired Romanian citizenship.

(2) When it is established that the beneficiary of the art 50 EUT is a threat for the national security, the decision to cease the right of temporary stay is communicated according to article 78 in Government Emergency Ordinance no 194/2002, as republished with subsequent amendments and additions.

Art. 11 – The General Inspectorate for Immigration terminates the right to temporary stay in Romania, through motivated decision, if after its granting the following are established:

  1. At the time of extending the right of temporary stay, the holder has proven his eligibility as beneficiary of art. 50 EUT by using false informa tion, fake or forged documents or through other illegal means.
  2. The right of temporary stay was obtained based on a marriage of convenience, established within the terms in Government Emergency Ordinance no 194/2002, as republished with subsequent amendments and additions, or based on a partnership, if this was concluded or was declared in order to benefit from the right of stay on Romanian territory;
  3. The right to residence obtained under the terms of Government Emergency Ordinance no 102/2005, as republished with subsequent amendments and additions, was registered based on a partnership if this was concluded or was declared in order to benefit from the right of stay on Romanian territory.

Section 4

Provisions regarding the right of long term stay

Art 12 (1) Beneficiaries of art 50 EUT who obtained the right to permanent residence in Romania before 31.12.2020 under the provisions of Government Emergency Ordinance no. 102/2005, as republished with subsequent amendments and additions, will continue to have this right recognised if they apply for the long term stay permit until and including 31.12.2021 with compliance of conditions stipluated at art. 7 para. (3) letter a) – c).

(2) An application for the issuance of a long-term stay permit will be accompanied by a valid travel document, in original and as copy, by a police check or another document of the same legal value issued by the authorties of the state of domicile or residence, and by proof for legally holding the living space at the address where they declare  their residence on the territory of Romania

Article 13. – (1) A long-term right of stay will be granted, upon request, under the terms of this law, for an unlimited period, to persons under Article 7 and 8 who, as of the date of the resolution of their application, are holders of a right of temporary stay, provided that they cumulatively meet the following requirements:

  1. a) they have had a right of temporary stay on the territory of Romania, uninterruptedly in the past 5 years prior to submitting the request, and during this period no measure related to their removal from the national territory has been ordered against them;
  2. b) they provide proof that they have the means to support themselves at the level of the minimum income guaranteed in Romania;
  3. c) they provide proof that they legally hold the living space, under the terms of the law;
  4. d) they do not represent a threat to national security;
  5. e) they do not represent a threat to public order. Such requirement is deemed met if a foreign individual did not intentionally commit crimes on the Romanian territory, for which he was given a sanction of deprivation of liberty exceeding 5 years

(2) Proof of means to support self can be made with documents stipulated at art. 7 para. (5).

(3) Underage persons can obtain a long-term right of stay without having to meet the requirements under para (1) and only if only if one or both parents are holders of a long-term right of stay in Romania. If only one of the parents is a holder of a long-term right of stay, the consent of the other parent, in notarized form, is required.

(4) In establishing the continuity of a period of temporary stay, the following are not considered interruptions:

  1. a) temporary absences from the territory of Romania not exceeding 6 months in a 12 months period;
  2. b) absence from the territory of Romania in order to serve in the mandatory military service;
  3. c) absence from the territory of Romania for well-grounded reasons, such as pregnancy and birth, serious illness, participation in education or professional training programs or professional secondment to a different European Union member state or to a third country for a maximum period of 12 consecutive months.
  4. d) period during which a sanction of liberty deprivation of less than 6 months was served on Romanian territory

(5) The duty to prove continuity of temporary stay on the territory of Romania as under para. (1) letter a) rests upon the applicant and can be met through any means of evidence.

(6) A long-term right of stay is granted based on an exemption from paying the fee as under letter B item 4 of the Appendix to Government Ordinance no. 24/1992 on setting specific public services and fees charged for their P\providing on the territory of Romania, republished, with subsequent amendments and supplements.

  • If it is found that the requirements stipulated by this law are not met cumulatively, the General Inspectorate for Immigrations informs in writing on the refusal to issue the long-term stay permit, as well as the reasons for this decision, also naming the competent court and the deadline before which the measure can be appealed against.
  • An appeal can be filed against the refusal in para (7) with the competent administrative court

(9) A long-term right of stay shall cease in one of the following situations:

  1. a) an individual represents a threat to national security;
  2. b) an individual is absent from the territory of Romania for a period exceeding 5 consecutive years;
  3. c) an individual files an application for this purpose;
  4. d) an individual obtains the Romanian citizenship.

Section 5

Provisions on applications for extension of a right of temporary stay, for recognition or granting of the right to long-term stay and on issued stay permits

Article 14. – (1) Applications for extension of a right of temporary stay, as well as those for the recognition or granting of the right to long-term stay shall be submitted personally by applicants.

  • Applications for extension of a right of temporary stay, as well as those for the recognition or granting of a long-term right of stay shall be resolved within 30 days of the date they were filed. In cases where further verifications are necessary in order to confirm that the requirements for the extension of a right of stay are met, the length of time permitted for resolution of the application may be extended by a maximum of 15 days.

(3). In case the stay in Romania is continued, holder is under the obligation to apply for a new temporary stay permit, at least 30 days before expiry date of the temporary permit, with the territorial units of the General Inspectorate for Immigration

  • Holder of the long term stay permit is under the obligation to apply for the renewal of the document at least 30 days before its expiry date with the territorial unit of the Immigration Inspectorate

Article 15. – (1) A right of temporary stay can be extended under the terms of this law without paying the fee specified under letter B item 3 of the Appendix to Government Ordinance no. 24/1992, with subsequent amendments and additions.

(2). The stay permits are issued with exemption from payment of permit cost and enclose the mention “Article 50 EUT”. The reference “art 18 (1) of WA” will be under the entry “Observations”, WA standing for the Withdrawal Agreement

(3) The validity of temporary stay permits is of 5 years from the date of issue. Validity of stay permits issued to family members cannot exceed the duration of stay of British citizens benefiting from art. 50 EUT, whose family members they are

(4) The validity of long stay permits is of 10 years from the date of issue, excepting those issued to individuals under 14 years old, which are valid for 5 years from the date of issue.

Article 16. – Each beneficiary of the art 50 EUT who had his right of temporary stay extended or who had his right of long stay granted in Romania will be assigned or will continue to have, if already assigned, a personal numeric code, by the General Inspectorate for Immigration, and such code shall be included in the stay permit.

Article 17. – In respect of the regime of illegal stays and of the documents to be issued to foreigners, the provisions of Government Emergency Ordinance no. 194/2002 on the legal status of foreigners in Romania, as republished, with subsequent amendments and additions, shall be applicable to beneficiaries of art. 50 EUT.

Section 6

Petty offences

Article 18. – (1) The following deeds shall constitute petty offences, provided that they have not been perpetrated in a manner that qualifies them, under criminal law, as criminal offences:

  1. a) failure by beneficiaries or art 50 EUT to comply with their obligation to leave Romanian territory after the date when their right of stay in Romania ceases, as under Article 5 para. (1) letter b);
  2. b) failure by beneficiaries or art 50 EUT to disclose the information required under Article 5 para. (1) letter e) and f);
  3. c) failure by beneficiaries or art 50 EUT to comply with the obligation as under Article 5 para. (1) letter g);
  4. d) failure by beneficiaries or art 50 EUT to file for an extension of their right of stay within the terms by this law.

(2) Under this law, the deeds under Article 134 item 13, first indent, of Government Emergency Ordinance no. 194/2002, as republished, with subsequent amendments and additions, for which the sanction under art. 135 letter a) of the same normatice act shall apply.

(3) The petty offence specified at para. (1) shall be punished by a fine between 100 lei and 500 lei.

(4) Finding petty offences and applying  penalties for petty offences shall be carried out by specifically designated staff from the General Inspectorate for Immigration and the General inspectorate of the Romanian Border Police .

(6) The provisions of Government Ordinance no. 2/2001 on the legal regime of the petty offences, as approved with amendments and additions by Law no. 180/2002, with subsequent amendments and additions, shall be applicable to the petty offences listed under para. (1).

Chapter III

Final dispositions

Art 19 This law enters into force at 01/12/2020

In case of extension of the transition period in accordance with art 132 of the Withdrawal Agreement, the deadlines stipulated at art. 7 para. (1) and (2), art. 8 para. (1) and (2) and art.12 para. (1) shall be extended accordingly.