Indulgence

If you are a foreign national, respectively you do not have Romanian citizenship, the nationality of another member state of the European Union or of the European Economic Area or the citizenship of the Swiss Confederation and you no longer have the right to stay in the territory of Romania, and for objective reasons you cannot leave the national territory, the Inspectorate General for Immigration can grant you the tolerance of staying on the territory of Romania.

Objective reasons for which tolerance can be granted within the meaning of GEO no. 194/2002:

• you are accused or charged in a criminal case and the magistrate orders the measure of the interdiction to leave the town or the country, you have been sentenced by a final court decision and you have to execute a sentence deprived of liberty and you do not fulfill the conditions provided by law for granting a residence permit;
• when the public custody measure against you has ceased;
• when your temporary presence on the territory of Romania is required by important public interests. In this case, tolerance is granted at the request of public authorities or institutions;
• when you are in a situation of prohibition of removal and cannot be granted or extended the right of temporary stay;
• when it was ordered to suspend the execution of the return obligation;
• when the removal under escort cannot be carried out within 24 hours, but there are strong indications that it is not necessary to be taken into public custody;
• when the General Inspectorate for Immigration finds that the temporary impossibility to leave Romania is determined by other circumstances, independent of your will, unpredictable and which cannot be removed.

The prosecutor, by order, or, as the case may be, the court, by order, grants the tolerance of staying on the national territory of foreigners when there are serious reasons to consider that they are victims of trafficking in human beings and their presence is necessary for the proper conduct of the criminal trial;

Documents required for granting tolerance

If you are in one of the situations presented above, you can request that the tolerance of the stay on the Romanian territory be granted from the territorial formation of the General Inspectorate for Immigration in the county in which you want to be highlighted. In this regard, you must submit the following documents:

a) written request;

b) documents proving the existence of the reasons why you cannot leave the territory of Romania.

After analyzing the request, if the answer is positive, you will be scheduled to release the tolerance document.

Obligations of those who have achieved tolerance

After you have obtained the tolerance of staying on the Romanian territory, you have the following obligations: to present yourself periodically, every two months or whenever you are called to the structure of the General Inspectorate for Immigration that granted you the tolerance, to announce any change of residence and to comply the territorial validity of the tolerance. The tolerance has territorial validity limited to the area of ​​competence of the structure of the General Inspectorate for Immigration that issued the document to be tolerated, and any move outside it is allowed only with prior approval.

If you do not comply with the obligations set out above, the General Inspectorate for Immigration may revoke the tolerance granted according to art. 106 ^ 1 paragraph (1) of GEO 194/2002 regarding the regime of foreigners in Romania, with subsequent amendments and completions, by reasoned decision. At the same time, in this situation, the measure of taking into public custody may be ordered against you.

Toleration ceases in the following situations

If the reasons for your toleration have ceased, you have the obligation to leave the territory of the Romanian state. The toleration ceases also in the situation in which the right of residence was granted or extended, in case of granting the permission to remain on the territory of Romania, according to Law no. 122/2006 regarding the asylum in Romania, with the subsequent modifications and completions or when you leave the territory of Romania by you.

At the end of the reasons that were the basis for granting the tolerance you will be immediately removed from the territory of Romania, without prior notification, except for those in one of the situations provided in par. (9) lit. a) and b) of art.106 ind 2 of GEO 194/2002 regarding the regime of foreigners in Romania, republished, with the subsequent modifications and completions.

You can contest the failure to tolerate the stay on the Romanian territory within 5 days from the communication, at the territorial court of competent appeal. The court decides within 30 days, the court ruling being final.

If you are interested in other matters, such as short and long-term stay visas, or how to obtain a resident permit in Romania from the authorities once you have entered the country for a long-term purpose such as employment or business, our team can answer your questions. We assist foreign nationals who are in need of immigration counselling and legal representation.