British citizens in the context of Brexit

GENERAL INFORMATION

The withdrawal process of the United Kingdom from the European Union (Brexit) was completed on 31 January 2020. Consequently, the Withdrawal Agreement ratified by both parties entered into force on 1 February 2020 and provided a transition period until 31 December 2020. During the transition period United Kingdom retained all the rights and obligations of a Member State, even if no longer participated in the decision-making mechanism and it was no longer represented in the EU institutions.

 

On 24 December 2020, the European Union and the United Kingdom of Great Britain and Northern Ireland agreed on a future partnership agreement (trade and cooperation agreement). At the same time, the EU and the UK negotiated two separate agreements, on information security (necessary for classified information) and cooperation in the field of nuclear energy.

 

These can be found at: https://ec.europa.eu/info/european-union-and-united-kingdom-forging-new-partnership/future-partnership/draft-eu-uk-trade-and-cooperation-agreement_en

 

 

POST-TRANSITION PERIOD

ENTRY INTO ROMANIA

After the end of the transition period (31.12.2020):

  1. British citizens, as beneficiaries of the Withdrawal Agreement, may enter Romania without a visa, only under a valid travel document anda residence permit issued by the General Inspectorate for Immigration. 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.
  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.

 

Family members of British citizens:

 

Family members (to list them below – 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, irrespective of citizenship, 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; dependant- 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 under Government Emergency Ordinance no. 102/2005 on the free movement on the territory of Romania of EU and EEA citizens) of British citizens beneficiaries of the Withdrawal Agreement may join them after the end of the transition period, until the deadline for registration of the new status under the Withdrawal Agreement (31.12.2021).

Only family members “in the narrow sense” may join the main beneficiaries of the Withdrawal Agreement after the expiry of the registration deadline, provided that the reason for their absence from Romania is proved for the reasons and periods of time provided for in the agreement, which allow for temporary absence. 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.

They may be subject to the obligation to apply for a entry visa for Romania, based on their nationality and taking into account the Lists annexed to EU Regulation 1806/2018, 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. (http://eviza.mae.ro/info).

Third-country nationalsfamily 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 legal visa obtaining regime, depending on the nationality, related to the lists annexed to the EU Regulation 1806/2018, as well as to other regulations, or may be exempted from the visa requirement.  (http://eviza.mae.ro/info).

STAY IN ROMANIA

  • 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) can apply for an extension of their temporary residence permit in Romania on the basis of the Withdrawal Agreement, as 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 the January 1, 2021 and until September 30, 2021 can apply for an extension of their right to temporary stay in Romania until December 31, 2021.
  • Family members who are joining the British citizen, beneficiary of the Withdrawal Agreement starting with October 1, 2021are 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, application must be filled in and submitted at the territorial office of the General Inspectorate for Immigration.

Please note that after 31.12.2021 only the following categories of persons, who were not resident in Romania at the time the transition was completed, may join: 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.

 

RESIDENCE PERMIT

 

In order to obtain a 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, as the case, 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 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.

In the case of continued stay on Romanian territory, the temporary stay permit holder must go to the territorial office of the General Inspectorate for Immigration and apply for a new temporary stay permit within at least 30 days before expiry date of their current temporary stay permit.

 

Permit for frontier workers

The permit for frontier workers is the document that grants the right to enter and exit Romania to the British citizen employed in Romania.

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 the frontier worker is performing their activity.

The following documents must be submitted for the issuance of the temporary residence permit:

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

 

Residence permit deadlines

The application for granting or extending the right of 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 stay permits are valid for 5 years.

 

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.

 

The residence permit shall be renewed at least 30 days before expiry of the previous one.

[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 STAY IN ROMANIA

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, shall receive recognition of that right after that date as well, if they register their permanent stay and obtain a new permit under the Withdrawal Agreement until December 31, 2021.

In this case, the documents required for the issuance of the permanent stay document 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).

 

Conditions for the recognition of the right of permanent stay

The right of permanent stay will be granted, on demand, to the persons who, on the date their application is being processed, are lawful holders of a right of temporary stay on the Romanian territory and cumulatively satisfy the following requirements:

  • they have had a right of temporary stay on Romanian territory constantly over the 5 years prior to filing their application[2], and over that period they were never subject to any decision or removal from Romanian territory;
  • they can prove owning sufficient means, at least at the level of the minimum guaranteed income in Romania;
  • they can prove legal ownership/rental of their living space as under the law;
  • they are not a threat to national security;
  • they are not a threat to public order (this requirement is deemed satisfied if the foreign citizen has not committed criminal violations with intent on Romanian territory that they have received a prison sentence for in excess of 5 years).

 

British citizens and their family members, beneficiaries of the Withdrawal Agreement requesting recognition of the right of permanent stay shall submit to the territorial offices of the General Inspectorate for Immigration the application for a permanent stay document accompanied by:

  • 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.

 

Permanent stay for minors

British citizens and their family members, who are beneficiaries of the Withdrawal Agreement, shall apply for the right of permanent stay 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;
  • translated and apostilated birth certificate (depending on the issuing state of the document);
  • the 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 stay 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 stay 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.

The decision to deny issuance of the permanent stay and the reasons why that decision was made will be communicated to the solicitant in writing. The denial of the issuance of the permanent stay 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] the following are not considered interruptions of the period of temporary stay: temporary absence from Romanian territory for less than 6 months in one year; absence from Romanian territory to comply with mandatory military service; absence from Romanian territory for justified reasons, such as pregnancy and birth, serious illness, attending education or vocational training programmes, or moving as a job requirement to another European Union Member State or a third country for a duration of no more than 12 consecutive months; the duration of service of a prison sentence on Romanian territory, less than 6 months.

 

LIMITATIONS AND RESTRICTIONS

The right of temporary residence

In case it is found that the requirements for temporary stay are not satisfied, the General Inspectorate for Immigration will communicate 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 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.

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 stay shall be communicated to the beneficiary of the Withdrawal Agreement 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 personal confirmation of receiving, 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 stay of British citizens and their family members shall cease when they are found to be a threat to national security.

The decision on cessation of the right of temporary stay 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 stay 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, found to exist as under Emergency Government Ordinance no. 194/2002, as republished with subsequent amendments and supplements, 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 right of residence, secured as under Government Emergency Ordinance no. 102/2005, as republished with subsequent amendments and supplements, was based on a partnership if such was entered or declared for the purpose of securing the right of stay on Romanian territory.

The temporary stay permit shall be rescinded on the date the decision was and shall be taken back at the latest on the date when that decision is communicated to the person concerned.

The right of permanent residence

The right of permanent stay 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 stay the beneficiary of the Withdrawal Agreement can apply at the General Inspectorate for Immigration or its territorial entities for the right of temporary stay, according to the law.

The General Inspectorate for Immigration can rescind the right of permanent stay, 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, found to exist as under Emergency Government Ordinance no. 194/2002, as republished with subsequent amendments and supplements, 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 right of residence, secured as under Government Emergency Ordinance no. 102/2005, as republished with subsequent amendments and supplements, was based on a partnership if such was entered or declared for the purpose of securing the right of stay on Romanian territory.

 

The permanent stay permit shall be rescinded on the date the decision was issued and shall be taken back at the latest on the date when that decision is communicated to the person concerned.

OBLIGATIONS AND SANCTIONS

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

  • comply with Romanian law while staying in Romania;
  • 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;
  • report within 30 days, to the territorial office of the General Inspectorate for Immigration of the Ministry of the Interior that granted them the right of stay, about the following:
    • 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.
  • 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;
  • 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 the identity document;
  • at least 30 days before the expiry of the validity period, the holder of the permanent residence permit is obliged to present himself at the territorially competent formation 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.

FREQUENTLY ASKED QUESTIONS

 

1. If I already have a permanent residence permit/card which is valid for 10 years do I have to apply for another residence document or is this enough?

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. Consequently, the holder of the permanent residence card must apply to the territorial office of the General Inspectorate for Immigration at the place of residence, in order to issue a new document (permanent stay permit).

 

2. I entered Romania on January 1st, 2016 but I didn’t register myself until the January 1st, 2017. On January 1st 2021 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 1st, 2016 and January 1st, 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 would like to apply for the new status in the second part of 2021 because of the pandemic. Is there any information that I have to consider during this period?

The beneficiaries of Art. 50 TEU who have obtained a right of permanent residence on Romanian territory or have been registered on Romanian territory prior to Brexit, will benefit of the recognition, until 31 December 2021, of the documents issued by the General Inspectorate for Immigration. Therefore, if you are the holder of a document issued by the General Inspectorate for Immigration, you must request the recognition of these documents until the deadline mentioned above.

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 31st, 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. I have not submitted an application for the new status yet but my passport will expire in 2021. Can I wait until the end of December 2021 and apply for the new status with the new passport?

Yes.

If you are currently the holder of a valid registration certificate or residence card issued by one of the territorial offices of the General Inspectorate for Immigration, you can request by and including on 31 December 2021 the recognition of the new status and the issuance of the temporary stay permit or permanent stay permit, as appropriate.

 

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 the ”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. Will those who want to apply for post-January 2021 for permanent stay have to follow the procedure for non-EU citizens?

Withdrawal Agreement beneficiaries who prove a legal and continuous residence on the territory of Romania for the last 5 years, can apply for the right of permanent residence in accordance with the WA after January 1st, 2021, until December 31st, 2021, in accordance with Governmental Emergency Ordinance 204/2020.

Otherwise, the application for a permanent stay permit will be examined on the basis of national regulations, which are different for third-country nationals belonging to a non-EU state.

11. 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.

 

12. 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.

 

13. 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.

 

14. 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 until no later than 31 December 2021, 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).

 

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

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.

 

16. 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: http://igi.mai.gov.ro/sites/default/files/cerere_permis_de_sedere_temporara_brexit.doc.

 

 

17. 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.

If you have concluded an employment contract in accordance with the law, the proof of healthcare insurance can be demonstrated by the valid employment contract and „print screen” from the general register of employees, in the section where the data on the employment contract can be found.

 

18. I live in Ilfov County but I have changed my address, so I will not receive the letter which has been mailed to me. I would like to know which IGI office I must bring my documents to in order to apply for the WA right to reside. Also, at what times?

Regarding the change of residence or domicile address, within 30 days, you have the obligation to inform the territorial office of the General Inspectorate for Immigration about this change.

The applications for the new status are to be filed with the territorial office of the General Inspectorate for Immigration at the place of residence or domicile, during the working hours with the public. Information on the address and working hours of the territorial offices for immigration can be obtained by consulting the website of the General Inspectorate for Immigration at: http://igi.mai.gov.ro/ro/node/contact.

 

19. I received a letter regarding the requirement to register again for residency rights. Taking into account that I will complete my studies and leave the country by June/July of 2021, would I still need to re-register?

The new status can be requested until 31.12.2021. In case you do not wish to continue your residence on the territory of Romania after this date, you are not obliged to apply for a residence permit attesting to the new status.

___________________________________________________________________

[1] art.7 para.(3) letter b from Emergency Ordinance No. 204 of 23 November 2020

[2] art. 6 para. (1) from Emergency Ordinance No. 204 of 23 November 2020

 

Vulnerable citizens

Vulnerable citizens are entitled to receiving assistance from the territorial units of IGI, upon request. They will be guided and supported in order to submit applications, to prepare the necessary documentation and are to be informed about the entire procedure for granting residence rights in Romania.

 

 

Driving license

The British driving license will continue to be valid in Romania after 31 December 2020.

There is no stipulation of a specific period of time within which the driving license issued by authorities in the United Kingdom should be exchanged for a similar document issued by the Romanian authorities.

Documents needed for exchanging the driving licenses issued by the authorities of the United Kingdom after December 31st, 2020 at the relevant public service:

  • valid British driving license;
  • identity document, as well as documents demonstrating domicile or residence in Romania;
  • standard form filled with capital letters, signed;
  • proof of payment of the fee required by law (89 RON) for exchanging a driving license;
  • a certified translation into Romanian of the driving license issued by the authorities of the United Kingdom of Great Britain and Northern Ireland;
  • the “driving record” which certifies the validity, by category, of the driving license and contains information on the right to drive, as well as a “check code” enabling the Romanian Communitary public service for driving licenses and car registration to verify the authenticity of the document. The code is valid for 21 days and can only be used once. If it cannot be used, the holder of the driving license will request another code from the UK Driver and Vehicle Licensing Agency/DVLA;
  • if the person applying for the exchange of a driving license issued by the authorities of the United Kingdom of Great Britain and Northern Ireland with a similar Romanian document cannot obtain a “check code” for objective reasons (for example: the insurance number has expired, the right of residence has expired, the driving license has been withheld and handed over to the authorities, and the holder does not meet the legal conditions for its restitution, etc.), and the driving license subject to exchange procedures meets the standard conditions from Minister of Home Affairs Order no 163/2011, the territorial office of the Communitary public service for driving licenses and car registration where the applicant has submitted the exchange application will proceed to verify the authenticity and validity of the document in question with the issuing authorities, by means of the email address communicated by the UK authorities.

 

 

Students

 

To the British students enrolled in Romanian universities who physically traveled to Romania before the end of the transition period, but returned to the United Kingdom in 2020 or 2021 and now intend to return to Romania without being registered prior to the end of 2020, will apply the provisions of the Withdrawal Agreement. So they can register with the territorial offices of the General Inspectorate for Immigration in accordance with the provisions of Governmental Emergency Ordinance no. 204/2020. The proof of the continuity of the stay lies with the student and can be made by any means of proof by which the actual presence of the applicant on the territory of the Romania can be established.

 

British students enrolled at Romanian universities, who did not physically travel to Romania before 31.12.2020, but intend to come to Romania to attend classes after this date, are not considered beneficiaries of the Withdrawal Agreement and national immigration regulations will apply to them.

 

Useful links and documents: