British citizens in the context of Brexit

Starting 1^st of January 2021:

 

1. British citizens, as beneficiaries of the Withdrawal Agreement, can enter Romania without a visa, only with a valid travel document and a residence permit issued by the General Inspectorate for Immigration in accordance with the Withdrawal Agreement. Until the new residence permits are obtained, British citizens benefiting from the Withdrawal Agreement can enter the Romanian territory, without a visa or other formalities, based on valid documents issued by the General Inspectorate for Immigration, in accordance with EU legislation, or with the certificate of application.

 

Family members of British citizens:

 

Family members of British citizens that are beneficiaries of the Withdrawal Agreement are also covered by the WA provisions if they resided in the Romania in accordance with Union law before the end of the transition period and continue to reside there thereafter.

 

By family members we refer to:

• husband or wife of the British citizen beneficiary of the Withdrawal Agreement;
• direct descendants, including adopted ones, who have not turned 21 years of age or are dependants of the British citizen, as well as those of the husband/wife or partner;
• direct ascendants, who are dependants of the British citizen, as well as those of the husband/wife or partner;
• partner – a person who lives together with the British citizen, if the partnership is legally registered in their country of origin or country they come from or, in case the partnership is not registered, evidence of a cohabitation relationship can be brought;
• dependent – any other family member, regardless of nationality, who does not fall into the categories stated above and who, in the country of origin or provenance, is dependent or is a member of the household of the British citizen, or is in a situation where, for serious health grounds, his personal assistance is necessary; 
• any other family member, irrespective of citizenship, others than the categories referred to above, whose presence on Romanian territory is necessary to the British citizen, lest the latter is deprived of the right of stay granted underGovernment Emergency Ordinance no. 102/2005 on the free movement on the territory of Romania of EU and EEA citizens) 

 

After 31 December 2020, only “close” family members may join the main beneficiaries of the Withdrawal Agreement (list below). All family members have the obligation to prove the existence of this quality, both at the end of the transition period and at the date of the new status registration in Romania. For family members who have the right to commence residence starting 1^st of January 2021 in Romania, the deadline for submitting the application shall be 3 months after their arrival or 31 December 2021, whichever is later.

“Close” family members of the UK national with beneficiary status:

• husband or wife of the British citizen beneficiary of the Withdrawal Agreement;
• direct descendants, including adopted ones, who have not turned 21 years of age or are dependants of the British citizen, as well as those of the husband/wife or partner;
• direct ascendants, who are dependants of the British citizen, as well as those of the husband/wife or partner;
• partner – a person who lives together with the British citizen, if the partnership is legally registered in their country of origin or country they come from or, in case the partnership is not registered, evidence of a cohabitation relationship can be brought, provided that the relationship was durable before the end of the transition period and continues at the time the partner seeks residence in Romania.

”Close” family members may be subject to the obligation to apply for an entry visa for Romania, based on their nationality, in order to regulate their status as family members. These visas are issued free of charge and falls under the terms of an accelerated procedure. (for more information please check http://eviza.mae.ro/Brexit).

 

2. British citizens who do not enjoy rights under the Withdrawal Agreement can enter and reside in Romania without a visa for a period of 90 days within any 180 days, subject to justification of the purpose and conditions of the stay at the border checkpoint. More information on this point can be found at http://eviza.mae.ro/British.

 

3. Third-country nationals, family members of British citizens beneficiaries of the Withdrawal Agreement, who enter the territory of Romania after December 31, 2020 and who did not have the status of family members until December 31, 2020,are subject to the national Romanian legal visa requirements, according to their nationality. (more information on http://eviza.mae.ro/info).

• • British citizens and their family members who have been residing in Romania and who wish to remain in the country after the end of the transition period (December 31, 2020) should apply for a residence permit in Romania on the basis of the Withdrawal Agreement. Application forms are to be filled in and submitted to the territorial office of the General Inspectorate for Immigration no later than December 31, 2021.
  • Family members who are joining the British citizen, beneficiary of the Withdrawal Agreement, starting with January 1, 2021 can apply for an extension of their right to temporary stay in Romania until December 31, 2021.
  • Family members who joined the British citizen, beneficiary of the Withdrawal Agreement starting with October 1, 2021 are under the obligation to apply for an extension of their right of temporary stay in Romania within no more than 90 days after the date of entry on the Romanian territory. The application must be filled in and submitted at the territorial office of the General Inspectorate for Immigration.

  Please note that after 31.12.2020 only the following categories of family members, who were not resident in Romania at the time the transition was completed, but qualified as family members before the end of the transition period continue to do so at the time of application, except for children born or adopted after the end of the transition period, may join and apply as family members of the UK national, beneficiary of the Withdrawal Agreement (close family members):

  • husband or wife;
  • close relatives of the British national or of the spouse / partner (ascending or descending line) and
  • the spouse of the partner that are in a registered partnership or in a long-term relationship.

Temporary residence permits are delivered to beneficiaries of the Withdrawal Agreement who have less than 5 years residency in Romania.

In order to obtain a temporary residence permit as a beneficiary of the Withdrawal Agreement, the following documents are to be submitted:

• Application form;
• border crossing document (passport, travel document, etc.), original and duplicate;
• valid health insurance;
• evidence of legal ownership/rental of the living space[1](original and duplicate);
• evidence of means of self-maintenance[2].

 

Family members shall add to their application form, according to their specific situation, one of the following documents:

• proof of kinship in the case of family members;
• documents issued by the authorities in their state of citizenship or residence proving that the family member of the British citizen beneficiary of Art. 50 TEU is their dependant or forms a household with them or is in the situation where, for serious medical reasons, are subject to personal assistance;
• document attesting the fact that the partnership with the British citizen beneficiary of Art. 50 TEU was registered, in the case of a registered partnership, or documents attesting that the respective person is in a long-term cohabitation relationship with the citizen, in the case of an unregistered partnership;
• document attesting the fact that the presence on Romanian territory of the family member of the British citizen beneficiary of Art. 50 TEU is needed by the latter, lest he should be deprived of the right of stay granted on the basis of the Emergency Ordinance 204/2020.

 

The application for granting or extending the right of temporary residence will be processed within 30 days from the date of its registration. In cases where further checks are required, the deadline may be extended by 15 days.

If the information or documents attached are inadequate or incomplete, the General Inspectorate for Immigration shall inform the applicant of the additional information requested and shall set a reasonable time limit for sending them, but not more than 30 days. The term stipulated above shall be suspended until the General Inspectorate for Immigration has received the necessary additional information or documents. If no additional information or documents have been provided until the deadline, the application may be rejected.

Temporary residence permits are valid for 5 years.

The decision to deny issuance of the permanent residence and the reasons why that decision was made will be communicated to the applicant in writing. The denial of the issuance of the residence document can be challenged before the jurisdictional court for administrative litigations.

[1] sales agreement; lease agreement concluded between a legal or natural person (contracts concluded with a natural person must be registered with the territorial offices of the Financial Administration); bailment agreement; court order; the written declaration of receipt in space of the owner, together with the owner’s document of ownership (the declaration of taking into space can be given only in front of the public notary); the document issued by the mayors showing that the applicant or the host is listed in the agricultural Register for rural areas.

[2] pay certificate, pension slip, statement of income and contributions owed by individuals, a bank statement or any other equivalent documents. In the case of students, evidence of means of support can be brought in the form of an affidavit.

Permanent residence permits shall be delivered to beneficiaries of the Withdrawal Agreement who have resided legally in Romania for a continuous period of 5 years.

British citizens and their family members who are beneficiaries of the Withdrawal Agreement, who enjoyed, by December 31, 2020, the right of permanent residence on Romanian territory according to EU legislation, shall receive recognition of that right after that date as well, if they register their permanent stay until December 31, 2021 and obtain a new permit under the Withdrawal Agreement.

The documents required for the issuance of the permanent residence permit are:

• application form;
• border crossing document in the original and duplicate;
• statement of criminal record or another document of equal legal value issued by the authorities of their state of domicile or residence;
• proof of legal ownership/rental of living space [1](original and duplicate).

The decision to deny issuance of the permanent residence and the reasons why that decision was made will be communicated to the applicant in writing. The denial of the issuance of the permanent residence document can be challenged before the jurisdictional court for administrative litigations.

 

Right of permanent residence for minors

British citizens and their family members, who are beneficiaries of the Withdrawal Agreement, can apply for the right of permanent residence for minor children only if they are beneficiaries of this right. The application shall be made on the basis of the submission of the following documents:

• application;
• a border crossing document (passport, travel document, etc.) in original and copy;
• proof of legal ownership of living space [1] ;
• translated and apostilled birth certificate (depending on the issuing state of the document);
• notarized consent of the parent that does not hold a right of permanent stay on Romanian territory.

 

Applications for the recognition of the right of permanent residence shall be processed within 30 days of the date they were filed and for objective reasons this time limit may be extended by a maximum of 15 days, with the notification of the applicant.

Permanent residence permits are valid for 10 years of the date of issuance, except for those issued to persons aged under 14, which are valid for 5 years of the date of issuance.

[1] sales agreement; lease agreement concluded between a legal or natural person (contracts concluded with a natural person must be registered with the territorial offices of the Financial Administration); bailment agreement; court order; the written declaration of receipt in space of the owner, together with the owner’s document of ownership (the declaration of taking into space can be given only in front of the public notary); the document issued by the mayors showing that the applicant or the host is listed in the agricultural Register for rural areas.

 

The permit for frontier workers is the document that grants the right to enter and exit Romania to the British citizen who is pursuing an activity in Romania but does not reside here.

Application forms for the frontier workers’ permit are to be filled in by the frontier workers in person at the head office of the territorial entities of the General Inspectorate for Immigration within the jurisdiction where the frontier worker is performing their activity.

 

The following documents must be submitted for the issuance of the frontier workers’ permit:

• Application form,
• the identity document for crossing the national border in the original and one copy;
• a copy of the labour contract.

 

The validity of the frontier workers’ permit shall be equal to the validity of the labor contract in Romania, but no longer than 5 years.

Attention! The deadline to submit an application for the new residence status of beneficiary of the Withdrawal Agreement is 31 December 2021.

Please remember that valid residence documents you previously received in Romania when the United Kingdom was an EU Member State (registration certificate/ residence card) will automatically lose their validity on 1 January 2022.

In order to continue your stay in Romania you have to submit an application as soon as possible and no later than 31 December 2021 at the territorial office of the General Inspectorate for Immigration.

Applications introduced after 31 December 2021 will still be processed by the Romanian authorities, but verifications will address also the reasons for applying late, apart from the eligibility conditions.

Failure to prove reasonable grounds for applying late may result either in a verbal/written warning, or in a penalty fee, depending on the particular circumstances of each applicant.  The value of fine is no less than 100 RON and no more than 500 RON.

Subsequently, every late application will be assessed, in order to determine if the substantive conditions are met based on the evidence provided – should this be the case, the status of beneficiary of the Withdrawal Agreement can be granted.

All applications introduced until 31 December 2021 and not finalized before that deadline will continue to be processed according to deadlines mentioned in sections TEMPORARY/PERMANENT RESIDENCE.

A certificate of application is issued immediately after the Romanian competent authority has received the application.

The certificate of application constitutes proof of rights as beneficiary of the Withdrawal Agreement, until the final decision on the application is made.

The information provided above for applications submitted until 31 December is applicable mutatis mutandis for the late applications.

The right of temporary residence

If the requirements for temporary residence are not satisfied, the General Inspectorate for Immigration will communicate to the applicant its decision to deny issuance of the temporary stay document in writing and will provide the reasons why that decision was made, as well as the court of law where said decision can be challenged.

 

The denial of the issuance of the temporary stay document can be challenged before the jurisdictional court for administrative litigations, within 10 days from the communication of the denial decision. The applicant is also directly informed of the deadline within which the decision can be challenged in court.

The deadline for the beneficiary of the Withdrawal Agreement to leave Romanian territory is one month of the date of communication of the General Inspectorate for Immigration’s decision to deny issuance of the temporary stay permit. If an appeal is lodged against the decision, the applicant has the right to remain on Romanian territory for the duration of the resolution of the appeal.

In cases where it is found that the beneficiary of the Withdrawal Agreement must leave Romanian territory at once or within a very short delay so as to avoid an imminent and serious threat to national security, the persons who have been informed of the refusal will have to leave the Romanian territory on the date mentioned in the denial decision.

Decisions to deny issuance of the temporary stay in whose case the deadline for leaving Romanian territory was not complied with, and those mandating immediate departure from Romanian territory, shall be enforced by the specialist staff of the General Inspectorate for Immigration escorting the concerned person to the border or to their country of origin.

If the escorting of aliens cannot be performed within 24 hours, the General Inspectorate for Immigration can request for the concerned person to be taken into public custody, with the appropriate application of Government Emergency Ordinance no. 194/2002, as republished with subsequent amendments and supplements, concerning the taking into public custody and, as the case may be, tolerating a continued stay on Romanian territory.

The decision to deny issuance of the temporary residence shall be communicated to the applicant by:

• the General Inspectorate for Immigration or its territorial entities by handing over a copy thereof, under signature, when the person is present on Romanian territory, or by registered mail at the address they have declared as their domicile, with certified mail delivery, when the person is not present.
• the Romanian Border Police, by handing over a copy thereof, under signature, when the person arrives at the border aiming to enter Romanian territory.

 

The right of temporary residence of British citizens and their family members shall cease if they are found to be a threat to national security.

The decision on cessation of the right of temporary residence must contain:

• a precise and complete presentation of all factual and legal grounds it relied upon, the decision’s implications for the person concerned;
• information on the court where the decision can be challenged,
• the deadline for filing legal action and the time frame within which the beneficiary of the Withdrawal Agreement is to leave the Romanian territory.

The General Inspectorate for Immigration can rescind, by justified decision, a person’s right of temporary residence in Romania if after they received it there is a finding that:

• on the date of extension of the right of temporary stay the qualification as beneficiary of the Withdrawal Agreement was proven using false information, counterfeit or altered documents, or other illegal means;
• the right of temporary stay was obtained based on a marriage of convenience or based on a partnership if such was entered or declared as for the purpose of securing the right of stay on Romanian territory.

The temporary residence permit shall be rescinded on the date the decision was issued and shall be handed over by the person concerned at the latest when that decision is communicated.

The right of permanent residence

The right of permanent residence shall cease in one of the following situations:

• the person is a threat to national security;
• the person is absent from Romanian territory for longer than 5 consecutive years;
• the person concerned files an application to that effect.

 

For the last two situations, within 30 days of the cessation of the right of permanent residence the beneficiary of the Withdrawal Agreement can apply at the General Inspectorate for Immigration or its territorial entities for the right of temporary residence, according to the law.

The General Inspectorate for Immigration can rescind the right of permanent residence, by justified decision, if after such right was granted it is found that:

• on the date of securing that right, the qualification as beneficiary of Art. 50 TEU was proven using false information, counterfeit or altered documents, or other illegal means;
• the right of temporary stay was obtained based on a marriage of convenience, or based on a partnership if such was entered or declared as for the purpose of securing the right of stay on Romanian territory.

The permanent residence permit shall be rescinded on the date the decision was issued and shall be handed over by the person concerned at the latest when that decision is communicated.

British citizens and their family members, beneficiaries of the Withdrawal Agreement are under the following obligations:

• to comply with Romanian law while staying in Romania;
• to refrain from staying on Romanian territory beyond the period for which their stay was authorised, and take all necessary steps to leave Romania before the end of that period;
• to report within 30 days, to the territorial office of the General Inspectorate for Immigration that granted them the residence right, about:
• any change occurred in their personal situation, especially change of name, citizenship, domicile or residence, conclusion, termination or annulment of marriage, birth or adoption of a child, death of a family member located on Romanian territory; extension of the validity or change of the document needed for crossing the national border.
• to apply for a new residence permit in case they change their name, citizenship, domicile or residence when they report the changes occurred in their personal status;
• to report within 48 hours, to the police office that has territorial jurisdiction, the theft or loss of the document needed for crossing the national border or of the identity document;
• at least 30 days before the expiry of the validity period, the holder of the temporary/permanent residence permit is obliged to present himself at the territorially competent unit of the General Inspectorate for Immigration, in order to change the document.

Failure to comply with the deadline for reporting the theft, loss, damage or destruction of the residence permit, respectively the document for tolerated stay shall constitute an administrative violation and is punishable by law. The value of fine is no less than 100 RON and no more than 500 RON.

1. If I already have a permanent residence permit/card delivered when UK was an EU Member State which is valid for 10 years do I have to apply for another residence document?

Yes. Beneficiaries of Art. 50 TEU who have obtained a right of permanent residence on Romanian territory, prior to Brexit, will be afforded recognition until 31 December 2021 of the documents issued them by the General Inspectorate for Immigration. The validity of these documents will not be recognized after 31 December 2021. Consequently, the holder of such a document must apply to the territorial office of the General Inspectorate for Immigration at the place of residence, in order to be issued a new document according to post-Brexit situation permanent residence permit).

 

2. I entered Romania on January 1^st, 2016 but I didn’t register myself until the January 1^st, 2017. On January 1^st2021 I would have been here for 5 years but I would have only been registered for 4 years, can I apply for permanent stay or will I need to apply for a temporary permit?

The right of permanent residence shall be granted, upon request, to persons who, at the time the request is made, are holders of a right of temporary stay in Romania and fulfill cumulatively the conditions of Article 13 of Emergency Ordinance no. 204 of 23 November 2020. One of the conditions imposed by the law is that the applicant had the right to stay temporarily on Romanian territory continuously during the last 5 years prior to the application. Consequently, you need to prove that you have legally stayed in Romania between January 1^st, 2016 and January 1^st, 2017.

 

3. When renewing temporary stay what kind of border crossing document should we present?

The request for the extension of the right of temporary stay, submitted to the territorial office of the General Inspectorate for Immigration at the place of residence of the beneficiaries of Article 50 TEU, shall be accompanied by a valid border crossing document. The right of temporary stay in Romania, of the beneficiaries of art. 50 TEU, is extended if they hold a valid passport, among other documents requested. The Romanian authorities may exceptionally accept expired travel documents if the document expired after entering Romania and, for reasons independent of the control of the person concerned, it could not be extended.

 

4. I was not able to apply for the new status because of the pandemic. Can I also apply after 1 January 2022?

Yes. Applications introduced after 31 December 2021 will still be processed by the Romanian authorities, but verifications will address   also the reasons for applying late, apart from the eligibility conditions.

Failure to provide reasonable grounds for applying late may result either in a verbal/written warning, or in a penalty fee, depending on the particular circumstances of each applicant.  The value of fine is no less than 100 RON and no more than 500 RON.

 

5. I would like to apply for permanent residence and I would like to know what documents I need to provide.

If you have obtained until December 31, 2020 the right of permanent residence on Romanian territory you can request the recognition of this right. It is important that the application for the issuance of the new permanent stay permit is made by December 31^st, 2021.

 

In order to apply for a permanent stay permit as a beneficiary of art.50 TEU, you need:

• application form;
• a border crossing document in original and one copy;
• statement of criminal history or another document of equal legal value issued by the authorities of their state of domicile or residence;
• evidence of legal ownership/rental of the living space at the official address they declare as their residence or domicile on Romanian territory.

 

 

6. If I have applied for the new status but have not yet been issued a residence document, can I use the certificate of application at border check?

Yes. The Romanian authorities accept the certificate of application issued by GII as a document attesting the status of beneficiary of the Withdrawal Agreement until the residence document is issued.

7. Is the statement of criminal history needed when applying for temporary residence?

No, such document is not required when applying for a temporary stay permit.

 

8. If I already have a permanent residence and now I am reapplying for permanent residence under the new status, what are the documents that I need in order to apply? Do I need ”statement of criminal history”?

The application for the issuance of the permanent stay permit will be accompanied by the following documents: a border crossing document in original and one copy; statement of criminal history or another document of equal legal value issued by the authorities of their state of domicile or residence; evidence of legal ownership/rental of the living space at the official address they declare as their residence or domicile on Romanian territory.

The application for a permanent stay permit must be submitted to the competent territorial office of the General Inspectorate for Immigration by and including on 31 December 2021.

 

9. My registration document has a different address on it, where I do not reside at anymore but I still have access to it. Since the address on the certificate is not the address of the house that I am currently renting, will this be a problem?

No, it is not a problem from the perspective of applying for the new status. According to the law, you have the obligation to inform the territorial office of the General Inspectorate for Immigration, within 30 days, in case of change of residence or domicile address.

 

10. You mention the salary certificate for those who change their temporary certificate. Are you referring to a proof of all wages and modifications in the contract?

The certificate of salary issued by the employer is the document proving the means of maintenance and certifying the income of the British citizen.

There is no uniform format, it is only necessary for the employer to confirm that the person concerned is an employee, as well as the amount of the income at the time of application.

 

11. For those married to Romanian citizens, in Romania, should the marriage certificate be brought or it is not necessary?

Yes. Under the law, the proof of the relationship is provided by the marriage certificate issued by the Romanian authorities.

 

12. Are new documents issued for 5 years or for the duration of those previously issued?

The temporary stay permit is valid for 5 years, and the permanent stay permit is valid for 10 years. In the case of minors aged under 14, the permanent stay permit is valid for 5 years.

 

13. I am a British medical student living in Iași. I would like to know which documents I will need to bring to get a new permit after Brexit.

If you exercised your right of residence in Romania in accordance with Union law before 31.12.2020 and continue to reside in Romania after the end of the transition period, you can register to obtain a post-Brexit residence permit.

 

For this purpose, it is necessary to address the territorial office of the General Inspectorate for Immigration at the place of residence with an application for a temporary stay permit, accompanied by the following documents: border crossing document in the original and one copy; valid health insurance; proof of legal possession of the living space at the address you declare as your residence on Romanian territory; proof of sufficient means to support you and your family members (which may be made by affidavit).

 

14. It is possible to apply online for the new stay permit?

No. The stay permit, issued at the request of the applicant, will contain his biometric data, so it is necessary that the application for the issuance of this document be submitted personally by the applicant to the territorial office of the General Inspectorate for Immigration at the place of residence or domicile.

 

15. Where can I find a temporary stay application form as a beneficiary of the BREXIT Withdrawal Agreement?

Standard applications for the issuance of the temporary stay permit, the permanent stay permit and the conditions under which they may be issued are available on the website of the General Inspectorate for Immigration at: https://igi.mai.gov.ro/wp-content/uploads/2022/01/cerere_permis_de_sedere_temporara_brexit.pdf.

 

 

16. If a person has temporary residency in Romania and pays contributions to the Romanian public healthcare system, when they apply for the new temporary residency permit, will it be necessary to show proof of health insurance? If so, what documentation is necessary?

The documents proving the healthcare insurance are in accordance with the applicable law on Romanian territory. In order to obtain the document by which, according to the law, the healthcare insurance can be proved, you can contact the competent institutions, respectively the territorial offices of the Health Insurance Houses, or the National Health Insurance House of Romania.

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