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The Annulment Or The Revocation Of The Right To Stay

In some cases, the General Inspectorate for Immigration may cancel or revoke both the temporary and the long term right stay in Romania.

While the annulment, as a sanctioning measure, takes place when the conditions provided by law have been breached before the right to stay was granted, the revocation occurs in case the breach of the conditions occurred after its grant.

This being said, the annulment of the right of temporary residence or the long term stay is pronounced by the General Inspectorate for Immigration, in the following cases:

• at the date of granting the right to long-term residence or the extension of a temporary residence permit, the foreign citizen does not fulfill the conditions required by law;

• the right long-term stay or the extension of a temporary stay right was obtained by using false information, false or forged documents or other illegal means;

• the right of residence was obtained based on a marriage of convenience;

• the foreigner was expelled or returned earlier from Romania and returned to Romania under a different identity during their entry ban.

Regarding the revocation of the right of temporary residence, it is pronounced by the same body, in the following circumstances:

• according to the verifications carried out by the General Inspectorate for Immigration or the complaints received from other competent authorities, it is revealed that the foreign citizen no longer meets the conditions under which the right of residence was extended or no longer meets the purpose for which this right was initially granted;

• upon granting the right of temporary residence, the foreigner, married to a Romanian citizen, had an absence from the Romanian territory for more than six months within one year, with the following exceptions:

→ absence from the Romanian territory for military service regardless of time;

→ absence from Romania for pregnancy and childbirth purposes;

→ absence from Romania due to a serious illness;

→ absence from Romania as a result of extraordinary circumstances which made it impossible to voluntarily return;

→ absence from Romania as an employee or detached to a foreign legal entity.

• after granting the temporary stay right for study purposes, the foreigner has suspended the studies for reasons other than medical ones;

• it is established that the foreigner crossed or attempted to cross the state border illegally or violated regulations concerning the employment of foreigners;

• it is established that the foreigner suffers from a disease threatening public health and he does not comply with the measures of medical treatment established by the competent authorities. If the disease has occurred after obtaining the temporary residence permit, the revocation will be ordered if the foreign citizen does not comply with the measures of medical treatment set by the competent authorities and the disease is likely to prevent the foreigner to fulfill the obligations imposed on him by law;

• the EU Blue Card holder or ICT permit does not have sufficient resources to maintain himself and his family at the level of the minimum gross salary guaranteed for payment;

• by request or by acquirement of the Romanian citizenship.

The long-term stay right is revoked by the General Inspectorate for Immigration when it is found that the foreign citizen represents a threat to public order, as a result of crimes committed in Romania.

Unemployment is not a reason for revoking an EU Blue Card, unless the period of unemployment exceeds three consecutive months or in the case that the unemployment occurs several times during the validity of the EU Blue Card.

Furthermore, unemployment is not a reason to revoke the right of temporary residence for work purposes during the time that the foreign citizen is receiving unemployment benefits.

The decisions to cancel or revoke the right of residence shall be taken by taking into account the circumstances of each case, respecting the principle of proportionality.

The decision to cancel or revoke the right of residence shall be communicated by the General Inspectorate for Immigration to the foreigner who is in Romania, through the decision to return, or by the Romanian Border Police, to the foreign citizen who is at the border with the purpose of entering Romania, by handing the decision to cancel or revoke issued by the General Inspectorate for Immigration.

For further information on the annulment or revocation of a long term or temporary right to stay in Romania of a person belonging to a country outside of the European Union or the European Economic Area in Romania, don’t hesitate to contact one of the lawyers of our team within the law firm Darie, Manea & associates that hold extensive experience in this field, providing full legal service, namely legal advice and representation before competent authorities.

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