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Cancellation of the Residence Right

The General Inspectorate for Immigration cancels, by reasoned decision, the right of long-term or temporary residence in Romania, if it is subsequently found that:

  1. at the time of granting the right of long-term residence or of extending the right of temporary residence, the foreigner did not fulfill the conditions provided by law in this regard;
  2. the right of long-term residence or the extension of the right of temporary residence was obtained by using false information, false or falsified documents or by other illegal means;
  3. the right of residence was obtained on the basis of a marriage of convenience;
  4. the foreigner was previously returned or expelled from the territory of Romania and returned, under another identity, during the period of the entry ban in Romania.

The General Inspectorate for Immigration revokes, by reasoned decision, the right of temporary residence when:

  1. Following the checks carried out by the General Inspectorate for Immigration or the notifications received from other competent authorities, according to the law, it is found that the foreigner no longer fulfills the conditions under which he was granted the right of residence or no longer respects the purpose for which he was granted. this right;
  2. it is found that, after granting the right of temporary residence, the foreigner married to a Romanian citizen had an absence from the Romanian territory for more than 6 months within a year, with the following exceptions:
  3. absence from the Romanian territory to satisfy the compulsory military service, regardless of the period;
  4. absence from the territory of Romania motivated by the state of pregnancy and birth;
  5. absence from Romania due to serious illness;
  6. the absence from the Romanian territory as a consequence of an exceptional circumstance that made the voluntary return impossible;
  7. absence from Romania's territory as an employee or seconded to a legal entity from abroad.
  8. it is found that, after granting the right of temporary residence for studies, the foreigner suspended his studies for reasons other than medical ones;
  9. it is found that the foreigner has illegally crossed or tried to cross the state border or has violated the regulations regarding the employment of foreigners;
  10. it is found that the stranger suffers from a disease that endangers the public health and is not subject to the medical treatment measures established by the competent authorities. In the event that the illness occurred after obtaining the temporary residence permit, the revocation will be ordered if the foreigner does not submit to the medical treatment measures established by the competent authorities, and the illness is likely to prevent the foreigner from fulfilling the obligations established in his task by the provisions the present emergency ordinance;
  11. it is found that the holder of an EU Blue Card or an ICT permit does not have sufficient resources for his maintenance and his family at the level of the minimum guaranteed gross wage;
  12. upon request or upon acquiring Romanian citizenship.

 

The General Inspectorate for Immigration revokes, by reasoned decision, the right of long-term residence when it is found that the permanent resident constitutes a threat to public order, as a result of the crimes committed in the territory of Romania.

Unemployment does not constitute a reason for revoking an EU Blue Card, unless the unemployment period exceeds 3 consecutive months or if the unemployment occurs several times during the validity period of the EU Blue Card.

Unemployment does not constitute a reason for revoking the right of temporary stay for work purpose during the period when the foreigner benefits from unemployment benefit according to the provisions of Law no. 76/2002, as subsequently amended and supplemented.

 

Decision to cancel / revoke

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

The decision to cancel or revoke the right of residence is communicated:

  1. by the General Inspectorate for Immigration, to the foreigner who is on the territory of Romania, by the decision to return;

  2. by the Romanian Border Police, to the foreigner who comes to the border in order to enter Romania, by handing over the decision of cancellation or revocation issued by the General Inspectorate for Immigration.

 

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