The Romanian government announcement in response to Brexit involves the following:
- In view of the invocation on 29.03.2017 by UK of art. 50 of the Treaty on EU, which led to the initiation of its withdrawal from the EU, hereinafter referred to as Brexit,
- In the context that the withdrawal agreement negotiated between the EU and UK, which stipulates the conditions for an orderly withdrawal of this state from the EU, will enter into force only after its ratification by the British Parliament and the approval of to the European Parliament,
- Taking into account the unforeseen outcome of the withdrawal process, given that the British Parliament has not yet approved the withdrawal agreement, increasing the possibility of the UK’s withdrawal from the UK and Northern Ireland from the EU in an unregulated manner, without an agreement,
- Considering that withdrawal without agreement is a possible hypothesis, which exceeds the individual will of the Member States, the materialization of which would jeopardize the public interest by directly and irreparably affecting the rights of citizens, and urgent measures to prevent such consequences are necessary, considering that protecting the rights of citizens was the main priority of Romania and the EU in the Brexit process,
- Whereas, in the absence of specific provisions, the withdrawal without the consent of the UK could have a significant negative impact on the lives of Romanian citizens of this state and of British citizens of Romania, who should not bear the cost of the trial Brexit,
- Considering that, in the absence of a specific regulation, the regime of British citizens in Romania and their family members becomes uncertain, including from the point of view of the legality of their stay in Romania,
- Given the necessity of adopting a normative framework under which the subsequent measures necessary to ensure the continuity of the exercise of the rights of the citizens concerned, respectively the coherent regulation of their legal status, will be adopted,
- Based on the commitment made by the Romanian Government through the Memorandum with the title “Measure plan regarding the regulation of the status of British citizens residing in Romania in the context of the withdrawal of Great Britain from the EU without an agreement” adopted at the meeting held on 19.03.2019, which provides for a generous approach towards British citizens who have exercised their right to free movement in Romania, in order to protect their legitimate rights and interests, in the spirit of reciprocity,
- In the context of the adoption by the EU of contingency measures in specific and limited areas that do not cover all the aspects provided by the current EU law applicable in the field of citizens’ rights,
- Considering that the current stage of the UK’s withdrawal from the UK from the EU is an extraordinary, complex and unprecedented situation whose regulation cannot be delayed and which requires all the necessary measures to be taken immediately protecting the rights of citizens in the event of a withdrawal without agreement,
- In the absence of these measures, their legal status being directly and irreparably affected,
- Pursuant to art. 115 paragraph (4) of the Constitution of Romania, republished, the Romanian Government adopted the Emergency Ordinance no. 70/13.11.2019 regarding some measures applicable in case of Brexit without agreement, published in the Official Gazette Part I no. 993 from 20.11.2019.
What does this mean? (for UK nationals)
- Brexit and post-Brexit persons enjoy, on the Romanian territory, the rights provided in art. 3 of the Government Emergency Ordinance no. 194/2002, republished, with subsequent amendments and completions (they will be considered Non-EU citizens, and according to the above mentioned Ordinance they and their family members will continue to benefit of the same facilities in Romania as EU citizens: employment, medical care, studies, professional training, etc.).
- Persons with Brexit status are the following:
- (i) British citizens and their family members registered in Romania until the date of withdrawal including,
- (ii) British citizens and their family members who entered Romania, but not registered, until the date of withdrawal including,
- (iii) British citizens and their family members who have obtained permanent residence in the territory of Romania until the date of withdrawal including.
- Persons with post-Brexit status are the following:
- family members of the British citizens which did not exercise their right to free movement until the date of withdrawal including, but which had the status of their family members at this date, entering the territory of Romania during the period of transition to join the British citizen on the Romanian territory.
What happens next?
- Persons with Brexit status entered the territory of Romania until the date of withdrawal including, not registered under the conditions of the Government Emergency Ordinance no. 102/2005, may request, within a maximum of 90 days from the date of withdrawal, the extension of the right of temporary stay in Romania, to the territorial formations of the General Inspectorate for Immigration.
- Persons with Brexit status registered up to the date of withdrawal including, under the conditions of the Government Emergency Ordinance no. 102/2005, may request, until 31.12.2020, including, the extension of the right of temporary stay in Romania, to the territorial formations of the General Inspectorate for Immigration.
- The right of temporary stay in Romania is extended and the Residence permit is issued/obtained if the following conditions are met:
- they are not signalled by the competent authorities to present danger to the national defence and security or to the public health,
- they possess a valid state border crossing document, except in cases where it has expired after entering Romania and, that document could not be extended,
- they prove the legal ownership of the living space and live effectively at the address at which they declare that they have their residence or domicile on the territory of Romania,
- they prove that they have means of maintenance for them and their family members, at least at the level of the minimum guaranteed income in Romania/family member.
- The residence right can be prolonged for a period up to 5 years for Brexit status persons and for post-Brexit persons, according to their sponsor’s documents.
- The residence permit will be issued in term of 30 days since the file submission at the local Immigration Office.
The transition period is computed up to date until 31.12.2020 (deadline).
During this period, the following are applicable for UK citizens and their family members:
- Apply for a long-stay visa for family reunification, only for persons with post-Brexit status, which is issued free of charge by the diplomatic missions or consular offices of Romania in the country where they have their residence or domicile,
- The long-stay visa is issued without the obligation to submit to the territorial formation of the General Inspectorate for Immigration a request for family reunification by the person with Brexit status,
- The visa application must be accompanied by the following documents:
- the marriage certificate or, as the case may be, the document attesting the family relationship,
- proof of medical insurance during the validity period of the visa,
- the criminal record certificate or other document with the same legal value, issued by the authorities of the country of residence or residence of the foreigner.
- Apply for a residence permit before the transition period ends.
Long term residence right
- Persons with Brexit status that have obtained the permanent residence on the Romanian territory until the date of withdrawal, are recognized as a long-term right of residence holders, if they request the issuance of the long-term residence permit until 31.12.2020, with the fulfillment of the necessary conditions.
- The request for the issuance of the long-term residence permit shall be accompanied by supporting documents.
- Starting with the first day after the date of withdrawal, the A1 portable documents issued pursuant to Regulation (EC) no. 883/2004 and of Regulation (EC) no. 987/2009 on behalf of the Romanian citizens sent to the UK, with the maintenance of the social security system in Romania, ceases their validity, in relation to the UK, they having the obligation to comply with social security legislation in the UK and the vice versa.
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