QUESTION: MY PARENTS ARE FROM IRAQ AND I WANT TO OBTAIN ROMANIAN CITIZENSHIP. I NEED A LAWYER TO HELP ME IN THIS PROCESS. COULD YOU PLEASE TELL ME WHAT IS THE LEGAL PROCEDURE?
Answer: Our law firm provides juridical assistance and representation regarding for obtaining or reacquiring Romanian citizenship. Moreover, our lawyers will also deal with obtaining civil status documents, or any other documents, throughout the Romanian territory, for completing the necessary file. We ensure representation when filling, submitting and collecting the file.
Romanian citizenship can be acquired in the following ways: birth, adoption, or upon request.
We will give you some examples in order for you to understand how to acquire Romanian citizenship on request or if reacquire it if you lost it before December 1989.
Our team is able to assist foreign nationals who wish to immigrate to Romania
, irrespective of their country of origin.
Citizenship is grated upon request to a stateless person or to a foreign citizen, if he meets the following criteria:
- at the time of the application, the individual is living in Romania, despite the fact that this is not his/her country of origin;
- he has been lawfully living in the country (under a temporary residence permit, for example) for at least 8 years
- is married to and had been living with a Romanian citizen, for at least 5 years from the marriage date;
- shows proof of good behavior, actions and attitude, he/she is loyal to the Romanian state, does not develop or support illegal actions or those considered a threat to national security; can declare that he has not been involved in such actions in the past;
- is at least 18 years of age (had turned 18 years old at the time of the application);
- has legal financial means to ensure a decent existence;
- is known to have a good behavior and has not been convicted in Romania or abroad for a felony that makes him unworthy of Romanian citizenship;
- has sufficient Romanian language skills and possesses elementary knowledge about the Romanian culture and civilization, adequate for social integration;
- knows the regulations stipulated in the Romanian Constitution and knows the national anthem.
The 8-year and the 5-year periods can be reduced up to half in the following situations:
· the applicant is an internationally recognized personality;
· the applicant is a citizen of a member state of the European Union;
· the applicant has acquired refugee status according to the legal provisions in force;
· the applicant has invested more than 1,000,000 euros in Romania.
The application is submitted in person. It can be submitted through proxy only in justified cases.
Our Romanian immigration lawyer
can help represent those who cannot submit the application to obtain citizenship in Romania
. A special power of attorney will be required in this case.
QUESTION: I HAVE LEFT THE COUNTRY BEFORE ’89 AND LOST MY ROMANIAN CITIZENSHIP. HOW CAN I REACQUIRE IT, IS IT COMPLICATED? I AM PLANNING ON RETURNING TO ROMANIA.
Answer: Reacquiring Romanian citizenship is possible for former Romanian citizens who have lost this status before 22nd December 1989 for reasons that were beyond their control or who have had their citizenship revoked without their consent.
The procedure is also in place for their second-degree descendants.
Former citizens who wish to obtain citizenship in Romania by request can also retain their foreign citizenship.
Essentially, for the purpose of regaining Romanian citizenship, the applicant will need to comply with most of the conditions for naturalization referring to good behavior, lack of convictions, having sufficient financial means for a decent life, have knowledge of the Romanian language and sufficient knowledge about the Romanian culture and civilization that will allow him or her to integrate in the society.
The applicant will also need to know the provisions of the Romanian constitution and the national anthem.
Our team can give you more details about the applicable conditions if you want to move to Romania.
THE CITIZENSHIP APPLICATION PROCESS
The application for Romanian citizenship
is addressed to the special Commission that operates alongside the Ministry of Justice
The Commission orders, at the expense of the petitioner, the publication of an excerpt of the application for the granting of citizenship in the Official Gazette of Romania.
The Commission will be able to examine the request only once 30 days have passed from the date of its publication.
In order to process the application, the commission may:
- ask the petitioner to fill in documents, explanations and give an interview; an unjustified 2 consecutive years’ absence from the country will render the application unsustainable;
- ask for additional information about the applicant from any authority;
- call and quote any person that can provide useful information.
The person who is receives Romanian citizenship, with the condition to establish his in the country, shall take the oath of allegiance within 6 months, in front of the Minister of Justice or the Deputy State Secretary.
ACQUIRING CITIZENSHIP BY MEANS OTHER THAN THE REQUEST PROCEDURE
Foreign nationals can acquire Romanian citizenship upon request (or naturalization, as a result of a minimum time spent in the country), as well as through other means.
Our team lists below three other cases in which a foreign national can obtain citizenship in Romania.
Citizenship by birth
Children born on the territory of Romania, to parents who are Romanian citizens, are Romanian citizens.
The same applies in case of children who:
a) were born on the territory of the Romanian state, even if only one of the parents is a Romanian citizen;
b) were born abroad and both parents and only one of them has Romanian citizenship.
A child found on the territory of the Romanian state is considered a Romanian citizen, until proven otherwise, if neither of the parents is known.
Citizenship by adoption
A foreign national can obtain citizenship in Romania by adoption if the adopters are Romanian citizens.
If the adopted person is not a minor (over 18 years of age), his or her consent is required.
If only one of the adopting parents is a Romanian citizen, the citizenship of the adopted minor will be decided, by mutual agreement, by the adopters. If the adopters do not agree, minor's citizenship will be decided via court proceedings, by taking into account the minor’s interests. The consent of the child is required if he or she has reached the age of 14.
If the adoption application is submitted by a single person, and this person is a Romanian citizen, the minor acquires the citizenship of the adopter.
Loss of citizenship can occur in the following cases:
- withdrawal of citizenship by the authorities;
- the approval of a citizenship renunciation application;
- in other cases, as stipulated by law.
THE OATH OF ALLEGIANCE REQUIRED IN ORDER TO OBTAIN ROMANIAN CITIZENSHIP
Romanian citizenship is granted or reacquired on the date the individual takes the oath of allegiance.
The persons who have been granted or have reacquired Romanian citizenship shall take the oath of allegiance to Romania within 3 months from the date of communication of the order of the President of the National Citizenship Authority.
The oath of allegiance is taken in a solemn meeting before the minister of justice and the president of the National Authority for Citizenship or one of the 2 vice-presidents of the authority delegated in this regard and has the following content: I swear to be devoted to the country and the Romanian people, to I defend national rights and interests, to respect the Constitution and laws of Romania."
After taking the oath, the Commission issues the certificate of Romanian citizenship, which will be drawn up in two copies, signed by the president of the National Citizenship Authority, of which one copy will be handed to the holder. Both copies of the certificate contain security features and have photos of the holder attached.
In the event that minor children acquire Romanian citizenship together with their parents or with one of them, they will be registered in the parents' citizenship certificate and do not take the oath.
The following data is provided by the National Citizenship Authority on the number of citizenship requests:
- 77,071 citizenship requests were approved in 2020; 1,171 requests were rejected the same year;
- in 2019, the number of citizenship approvals was 44,352 and the number of rejections 1,481;
- in 2018 the Authority approved 48,188 requests and rejected 1,233 applications.
Our law firm has extensive experience with the process of acquiring and reacquiring Romanian citizenship.
Our immigration lawyer in Romania will provide you the necessary assistance during this process and can also assist applicants who wish to obtain a Romanian passport.