The Removal Of Foreign Citizens

In some cases, the General Inspectorate for Immigration may issue a return decision to foreigners and/or and removal under escort.

The return decision shall be issued in the case of the foreigner’s illegal stay on the Romanian territory and establishes their return obligation, as well as the period for voluntary departure. The return decision is issued in the following situations:

• upon foreigners’ request, by submitting their passport, when their stay in Romania has become illegal;

• in case of illegal stay or when they overpass the period granted for the stay or the border area;

• in case of revocation or cancellation of the right of residence or of the refusal to extend the right of residence;

• in case of cancellation / revocation of he small traffic border permit or visa for Romania;

• upon termination of the long-term right of residence if the foreign national has not requested the extension of the temporary stay.

The return decision may be appealed within 10 days from its communication and the application for appeal shall be settled within 30 days of  its receipt. The court decision is irrevocable. The appeal against the return decision will suspend the execution of the measure of removal.

Alongside the decision of retun, in case the foreign national does not comply with their right to stay on Romanian grounds granted by the visa or the residence permit, the General Inspectorate for Immigration may also take the measures to interdict the entry in Romania and contraventional sanctioning.

The decision of removal under escort may be disposed against foreigners who do not respect the decision to return or who do not voluntarily leave Romania.

The return decision allows a foreign citizen to leave the country unaccompanied in a certain period of time specified by law, depending on the reason of the decision, as follows:

• within 15 days:

→ foreigners who have been caught without the right to stay or who overpassed the period granted for the stay or the border area;

→ foreign nationals whose small traffic border permit or whose visa has been canceled or revoked;

• within 30 days:

→ foreign national who requests the decision to return before being caught without the right to stay;

→ foreign national whose temporary right to stay has been canceled or revoked or in case the extension of this right was denied;

→ foreign national whose long stay permit ceased, if he/she does not meet the conditions for the extension of a temporary residence permit.

In some justified cases and by taking into account the specific circumstances of each case, the time allowed may be extended on request up to 30 days.

 The return decision may be suspended and the foreigner may request to be tolerated in Romania in case the foreigner is:

• the parent of a child who attends a public or private educational institution, either accredited or provisionally authorized by law, until the end of the school year;

• married to another foreigner who has a temporary residence permit or permission to remain on Romanian territory, and it’s not a convenience marriage;

• in case of the interdiction to leave Romania.

The removal under escort involves the following foreign nationals to be accompanied by specialized staff of the General Inspectorate for Immigration to the border or to the country of origin, the country of transit or the destination country:

• foreigners who don’t voluntarily execute the obligation to return from Romania, after the deadline for voluntary departure;

• those who present a risk of not fulfilling the obligation to voluntary return voluntary, even before the deadline for voluntary departure;

• foreign nationals who passed or tried to illegally cross the state border;

• foreigners who have been declared undesirable;

• foreigners who entered Romania during the period they have been banned to do so;

• those who have illegal stay and whose identity could not be established;

• foreigners who have a completed asylum procedure or who abandoned it and did not respect the obligation to leave Romania;

• foreigners who, through their conduct, determine reasonable suspicion that they intend to evade the obligation to voluntary return;

• foreign nationals who have been sanctioned with a complementary accessory penalty of prohibition of the right to be on Romanian territory.

 The decision of escorted removal can be appealed within three days from its communication and will be resolved within five days, with the decision being final and irrevocable. Challenging the decision of removal under escort will suspend the execution of the measure of removal, unless the foreign nationals were declared undesirable.

When there are serious indications that the escorted removal can not be performed within 24 hours, the foreign citizen will be taken into public custody. Foreigners in public custody are housed in especially arranged closed centers, and the expenses for removal from the Romanian territory will be paid by the foreigners if they own the financial means to do so.

Simultaneously with the execution of the measure of removal under escort, the General Inspectorate for Immigration may also dispose the prohibition of entry in Romania for a certain period of time.

The decision to return is prohibited in certain cases established by law, namely when the foreign national is:

• a minor and his parents have the right to stay in Romania;

• a parent of a child who has Romanian citizenship, if the child is dependent on him or if there is the obligation to pay alimony and the foreigner fulfills this obligation regularly;

• married to a Romanian citizen or a foreigner who is staying long term in Romania, and the marriage is not convenient;

• over the age of 65;

Foreigners in regards to whom the measure of return is prohibited may receive or have extended the right to stay in Romania by the General Inspectorate for Immigration without having to obtain a prior visa for stay.

In the following situations established by the General Inspectorate for Immigration, the obligation to return will be suspended:

• the escorted removal can only be done to a state against which there are justified fears that the foreign national’s life is in danger or will be subjected to torture, inhuman or degrading treatment;

• the health of foreigners makes it impossible to carry out the removal under escort;

• the parent of a minor foreign citizen is attending a public or private educational institution, accredited or provisionally authorized by law, and the school year is in progress;

• the foreigner is married to another foreigner who has a temporary residence permit or permission to remain on Romanian territory and that marriage is not of convenience;

• the foreign national is not allowed to exit Romania in accordance with a criminal law.

However, foreigners that are a threat to public order, national security or suffering from a disease that threatens public health and who refused to comply with the measures taken by health authorities may be removed from Romania even if they would theoretically fit the exceptions above.

Our team can also answer questions and provide legal counsel on other legal matters. If you are interested in business or commercial law, real estate law, or dispute resolution, please feel free to reach out to our Romanian lawyers.

For further information on the decision to return or the escorted removal 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.