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Fundamental rights and obligations for foreigners in Romania

As a foreign citizen legally located on the Romanian territory, you enjoy fundamental rights and freedoms, but at the same time you have some very important obligations. The constitutional provisions, by interpreting in accordance with the international agreements on human rights, are considered non-restrictive according to the citizenship criterion, and they are applied in your favor.

Romania's constitution refers to the democratic and social character of the state, while establishing that human dignity, the rights and freedoms of citizens, the free development of human personality, justice and political pluralism are supreme values ​​that are guaranteed in this country.

Therefore, you, as a foreign citizen, are granted certain fundamental (constitutional) inalienable rights. You are recognized, without any restriction: the right to life and physical and mental integrity (this is and remains one of the fundamental rights of the citizen, but also the most important natural right of man; in Romania, the death penalty is forbidden and neither a person cannot be subjected to torture or an inhuman or degrading punishment), the right to individual liberty and to the safety of the person, the right to defense, the right to secrecy of correspondence, the right to health protection, freedom of conscience and freedom of expression, the right to a healthy environment , etc. In exercising certain rights, you must also consider certain important aspects such as: you have the fundamental right to intimate, family and private life, provided you do not violate the rights and freedoms of others, public order or good morals; at the same time, as a foreign citizen you have the right to work, but with the application of the legal provisions regarding work authorization Also, under certain conditions, you can benefit from the freedom of assembly, the right to association, to education, etc.

As a foreign citizen, you cannot exercise those exclusively political rights - the right to vote or the right to be elected.

According to the Constitution, your fundamental obligations are the payment of financial contributions (taxes and taxes) and the exercise of your rights and freedoms in good faith, without violating the rights and freedoms of others.

Of course, as a member of the community you have rights specific to your situation, but also other obligations, such as respecting public order and peace, good morals and, in particular, observing the law in force, for the entire period you are in Romania.

All constitutional provisions regarding the fundamental rights and freedoms recognized in Romania are interpreted and applied in accordance with the Universal Declaration of Human Rights, with the pacts and other treaties to which Romania is a party and, if there are inconsistencies between the pacts or treaties regarding the rights international laws and domestic laws have priority over international regulations, unless the domestic law contains more favorable provisions.

The foreign national will need to apply for a permit attesting to rights for residency in Romania. This is the residence permit, and it is issued to the applicant who has a type D long-term stay visa. The application is submitted with the General Inspectorate for Immigration and the permit is usually issued within 30 days. Our team can give you more details about the requirements. 

Social integration

In Romania, integration policies, as a constitutive part of immigration policies, are implemented through a legislative and institutional framework through which services are provided and integration programs for foreigners, at central and local level, are developed. Thus, by the provisions of the GO no. 44/2004 aims to facilitate the social integration of the persons who have acquired a form of protection in Romania and of the foreigners who have acquired a right of residence in Romania.

Social integration is the final product of a multi-dimensional and continuous process, of "active participation of foreigners who have acquired a form of protection or a right of residence in Romania to the economic, social and cultural life of the Romanian society, in order to prevent and combat it. social marginalization, respectively in order to adapt to the conditions of the Romanian society ”. The social integration implies the realization of four dimensions: the cultural one (which refers to the level of knowledge of the Romanian language, the time spent in Romania, the assimilation of the values ​​of culture, civilization, etc.), the social one (evaluated by the existence of friends, mixed marriages, non-discriminatory attitude ), the economic one (quantified by the possibility of access to the labor market, housing, education, health care and other services), but also that of public opinion (materialized by the opinion about foreigners, social representations, the presence or absence of stereotypes and prejudices, etc. .).

A foreigner successfully completes the integration process in the host society if: he obtains results "publicly visible" and equivalent to those obtained by the citizens of the respective layer in areas such as employment, housing, education, health; if he maintains social connections with the members of the community with which he identifies himself, with those of the host society and with state institutions, and has sufficient knowledge of language and culture so that he can feel safe and perceive his situation as stable and similar to a citizen of the host country, thus being encouraged to acquire the citizenship of the host country.

Understanding the rights and obligations one will have upon entering the country with a visa, and after obtaining a resident permit for Romania is essential for a lawful stay. Our team can answer any questions about the formal notices to and registrations with the Romanian authorities. As needed, we also assist foreign nationals who need legal representation in front of the authorities.

The right and obligations of a foreigner change if he or she acquires Romanian citizenship. The process is one that can take place once the foreign national has been living in the country for eight (sometimes five) years, and he/she has adequate language knowledge, sufficient income, and is integrated into the community. Our team can give you more details about the application process and the rights of citizens.

 

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