Long Term Stay In Romania

If you are a citizen of a non-EU / EEA state, you have a valid residence right in Romania and you want to obtain a long-term residence in the territory of that state, you must meet certain conditions. The steps to follow are: request the granting of the right of long-term residence to the territorial formations of the General Inspectorate for Immigration in the county in which you live, and if the answer is positive, submit the documents for obtaining the long-term residence permit.

You can obtain this right both as a family member of a Romanian citizen and for another purpose of staying in Romania (for example: work, commercial activities, family reunion, etc.).

The long-term residence permit is valid for 10 years if you are a family member of a Romanian citizen and for 5 years if you have a regulated residence in Romania for the other purposes provided by law.

A foreign national who wishes to remain in Romania for long periods of time will apply for residency in Romania with the General Inspectorate for Immigration. This is an application that can be submitted after one enters the country, however, online applications are also possible. The needed documentation will depend on the purpose of stay and will provide sufficient proof for the stay. 

Conditions for granting long-term stay

In order to obtain the right of long-term residence, you must have had a continuous residence on the Romanian territory for the last 5 years. The stay is considered continuous when the period of absence from the territory of Romania is less than 6 consecutive months and does not exceed 10 months in total and if no removal measure from the national territory was ordered against you.

Also, the period for which you traveled abroad in order to carry out international transport activities and for which you can present evidence in this regard, is not considered absent from the Romanian territory.

The period of stay for study purposes is calculated in half for the long-term residence and the stay granted by the short-stay visa, diplomatic or service visa, and the one obtained for carrying out activities as a seasonal worker or an au pair are not taken into account.

You cannot receive a long-term right to stay in Romania if you fall into one of the following categories:

• - you have a right of temporary residence for studies,
• - are you asylum seeker or beneficiary of temporary humanitarian protection or do you have temporary protection of the Romanian state,
• - you are in Romania with the short stay visa or the visa / right of residence granted by the diplomatic or service visa.
• - you have a right of residence obtained as a seasonal worker or an au pair.

The documents necessary to obtain the right of long-term stay

The first step to establishing your domicile in Romania is to obtain the right of long-term residence. In this regard, you must submit the following documents:

• - request;
• - the border crossing document (passport, travel document, etc.) in copy and original;
• - supporting documents regarding the living space (copy and original);
• - proof of social health insurance;
• - proof of means of maintenance (family members of Romanian citizens are excluded);
• - the criminal record certificate issued by the Romanian authorities;
• - civil status documents (if applicable).

You can only apply for the long-term right of stay for minors only if you have been granted this right. In this regard, you must submit the following documents:

• - request;
• - the border crossing document (passport, travel document, etc.) in copy and original;
• - supporting documents regarding the living space (copy and original);
• - the birth certificate translated and over-legalized / apostilated (depending on the issuing state of the document);
• - the consent in the authentic form of the parent who has no long-term right to stay in the territory of Romania.

Applications for granting the right of long-term residence will be resolved within a maximum of 6 months, and for objective reasons this period can be extended by another 3 months, with the notification of the applicant. You will receive the reply in writing within 15 working days of the request being resolved.

If the answer is positive, within 30 days of receiving the communication, you must submit the documents necessary for issuing the long-term residence permit at the territorial formation of the General Inspectorate for Immigration where the application was registered.

The refusal to grant the right of long-term residence, as well as the reasons underlying it, shall be communicated in writing to the applicant, within 15 working days of the request being resolved. The refusal to grant the right of long-term residence can be challenged within 30 days from the date of communication, at the Bucharest Court of Appeal. The refusal to grant the right of long-term residence does not produce legal effects on the right of residence of the request holder.

Documents required for issuing the long-term residence permit:

• - request;
• - the border crossing document (passport, title of travelerse, etc.) in copy and original;
• - supporting documents regarding the living space (copy and original);
• - taxes.

Documents required for the renewal of the long-term residence permit:

• - request;
• - the border crossing document (passport, travel document, etc.) in copy and original;
• - supporting documents regarding the living space (copy and original);
• -taxes .

Our lawyers in Romania can give you more details about the needed documents, as well as the submission procedure.

If you are the holder of a long-term right to stay in Romania, you will enjoy equal treatment with Romanian citizens, according to the law, as follows:

• - you can work in the territory of Romania without a work permit, based on an individual employment contract approved by the Territorial Labor Inspectorate.
• - you have access to all forms and levels of education and training, including the award of scholarships, the equivalence of studies and the recognition of diplomas, certificates, attestations of competence and professional qualifications,
• - enjoy social security and protection, medical and social assistance,
• - you benefit from global income tax deductions and tax exemptions,
• - you have access to public goods and services, including housing, freedom of association, affiliation and membership of a trade union or professional organization.

The right of long-term residence ceases in the following situations:

• - in case of cancellation or revocation;
• - in the case of obtaining a long-term right of residence in the territory of another state;
• - in the case of absence from the territory of the Romanian state for a period of more than 12 consecutive months, except in the case in which, during this period, you have enjoyed a right of temporary residence in a Member State of the European Union;
• - in the case of absence from the territory of the Romanian state for a period of more than 6 consecutive years, even if during this period you have enjoyed a right of temporary residence in a Member State of the European Union;
• - on demand;
• - on acquiring Romanian citizenship;
• - in the case of absence from the territory of the Member States of the European Union, the European Economic Area or the Swiss Confederation, for a period of more than 2 consecutive years, of the long-term resident, holder of a long-term residence permit with the mention «former owner the EU Blue Card », or its family members who have been granted long-term resident status;
• - in case of cancellation of international protection in Romania, and the right of long-term stay was obtained as such.

In the situation where the right of long-term stay will cease under the conditions of art.70 par. (3) lit. b), c) or d) of GEO 194/2002 regarding the regime of foreigners in Romania, and you are in the territory of Romania, within 30 days from the date of communication, you can request the issuance of a temporary residence permit for the purposes and conditions provided in GEO 194/2002 with subsequent amendments and completions (details in the Legislation section).

If the right of long-term residence has ceased to exist under the conditions of art.70 par. (3) lit. b) - d) of GEO 194/2002 with the subsequent modifications and completions, you may be granted a new long-term right of residence, under the conditions of the emergency ordinance, after a legal and continuous stay in the territory of Romania for 12 months.

The long-term right of residence of a former EU Blue Card holder does not cease if the foreigner can prove that he was absent from the territory of the Member States of the European Union, the European Economic Area or the Swiss Confederation, in order to exercise a economic activity as a paid employee or self-employed person, to work as a volunteer or to study in the country of origin.