In accordance with the legislation governing the status of foreigners in Romania, the long-term residence right for foreign citizens is subject to well-defined procedures, regulated by Law No. 247/2005, with subsequent amendments. Articles 73 and 74 set out the steps for obtaining this right, as well as the conditions under which it may be refused.
- Approval of Long-Term Residence Right
The long-term residence right is granted by the head of the Romanian Immigration Office, and applications are examined by a specially appointed commission for each case. This commission, designated by the head of the office, prepares motivated proposals for resolution.
The deadline for processing applications is up to 6 months from their registration, with the possibility of an extension for objective reasons by an additional 3 months, with the applicant being notified accordingly. After a decision is made, the approval of the residence right is communicated to the applicant within 15 working days.
It is important to note that, within 30 days of receiving the communication, the individual granted long-term residence must present themselves at the Romanian Immigration Office for the issuance of the residence permit.
Additionally, foreign family members of Romanian citizens are exempt from consular fees when granted this right.
- Refusal of Long-Term Residence Right
If the legal conditions are not met, the commission may propose the refusal of the long-term residence right. The reasons for the refusal are communicated to the applicant in writing within 15 working days. Furthermore, the applicant has the right to challenge the refusal at the Bucharest Court of Appeal within 30 days of receiving the notification.
It is important to note that the refusal has no effect on the applicant's current residence right, and the decision to refuse is made considering the specific circumstances of each case, such as the duration of stay and ties with Romania, while respecting the principle of proportionality. The refusal cannot be based on economic considerations.
- Conclusion
Obtaining long-term residence in Romania involves a well-regulated procedure, with clear deadlines and obligations for applicants. In the case of a favorable decision, foreigners will be able to enjoy long-term stability in the country, and in the case of a refusal, they have the opportunity to challenge the decision. It is important for applicants to ensure they meet all legal conditions to avoid delays or refusals, and in case of any uncertainties, they should contact the authorities or a specialized lawyer to receive the necessary guidance.
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