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Return Decision

The return decision constitutes the administrative act by which the General Inspectorate for Immigration establishes the illegal stay in the Romanian territory of the foreigner and establishes its obligation to return, as well as the deadline for voluntary departure.

The return decision is issued to foreign nationals in the following situations:

a) upon their request, when the stay on the Romanian territory became illegal;

b) they are detected with illegal residence or that exceeded the period of stay or the border area established by the agreement that regulates the legal regime regarding the small traffic at the common border;

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

d) in case of cancellation / revocation of the small border traffic permit or the entry visa to Romania;

e) upon termination of the right of long-term residence and the foreign citizen did not request the extension of the right of temporary residence.

 

The terms on which the aliens to whom a return decision was issued are obliged to leave the territory of Romania run from the date on which the return decision was communicated.

The return decision can be appealed within 10 days from the date of communication to the court of appeal in whose area of ​​territorial jurisdiction lies the structure of the General Inspectorate for Immigration that issued the return decision.

The court resolves the request within 30 days from the date of its receipt. The court decision is irrevocable. The appeal filed, within the legal term, against the return decision suspends the execution of the removal measure.

Foreigners requesting the return decision will be presented at the counter of the territorial formation of the General Inspectorate for Immigration, whose passport is the passport (original and copy - the pages containing the identity data, the validity of the document and the last stamp of entry).

In case of non-observance of the right of residence on the territory of Romania granted by the entry visa or by the residence permit, in addition to issuing the return decision, the following measures may be ordered against foreign nationals: not allowing entry to Romania and contravention sanction.

Removal measures under escort may be ordered against foreigners who do not respect the decision to return or have voluntarily left the Romanian territory.

 

The return decision gives the foreigner the opportunity to leave the country unaccompanied, thus:

a) within 15 days, for:

  1. the foreigner who has been found without the right of residence or who has exceeded the period of stay or the border area established by the agreement regulating the legal regime regarding the small traffic at the common border;

  2. the foreigner whose permit for small border traffic or whose visa has been canceled or revoked;

b) within 30 days, for:

  1. the foreigner requesting the issuance of the return decision before being found without the right of residence;
  2. the foreigner to whom the right of temporary residence has been canceled or revoked or has been denied the extension of this right;
  3. the foreigner to whom the long-term right of residence has ceased, if he does not fulfill the conditions for extending the right of temporary residence for one of the purposes set out in GEO no. 194/2002 with the subsequent modifications and completions.

c) In duly justified situations, taking into account the specific circumstances of each individual case, such as the length of the legal stay, the existence of children attending the school and the existence of other family ties, the term granted may be extended, on request, up to 30 years. days.

The return decision can be suspended in the following situations:

  1. is the parent of a minor who attends the courses of a state or private educational institution, accredited or provisionally authorized according to the law, until the end of the school year;
  2. he is married to another foreigner who has a right of temporary residence or permission to stay on the territory of Romania, and the marriage is not for convenience;
  3. he is in the situation of not allowing the exit from Romania (he is accused or charged in a criminal case and the magistrate ordered the interdiction to leave the territory or locality or he was convicted by a final court decision and has a prison sentence of liberty ).

In case of suspension of the return decision, the foreigner can request the tolerance of the stay on the Romanian territory.

 

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