The Right to Reside Independently in Romania – A Closer Look

For non-EU/SEE citizens residing in Romania, obtaining and maintaining a residence permit can be a complex journey. Fortunately, there's a special opportunity available for certain individuals - the Independent Residence Permit.

What Is the Right of Temporary Residence Granted to Family Members Independently?

This particular permit is tailored for relatives of non-EU/EEA citizens holding a temporary residence permit in Romania as a family member, but are unable to fulfill the initial conditions for its issuance. It functions as a mechanism for individuals to maintain their legal status in the country, notwithstanding changes in their circumstances.

Who Is Granted the Right of Temporary Independent Residence?

The right to temporary independent residence is granted, upon request, to a foreigner who meets the following conditions:

• is the holder of a temporary residence permit granted for family reunification purposes;

• has had the right to temporary residence for family reunification in the last 5 years prior to submitting the application. In the case of family members of EU Blue Card holders, the 5-year period can be calculated by combining their residence periods in different EU member states.

Are There Any Exceptions?

• divorce: individuals whose marriage has been legally dissolved and no longer meet the previous permit's conditions can apply for the Independent Residence Permit.

• sponsor's death or end of the sponsorship relation: in the unfortunate event of the sponsor's death or other situations that lead to the termination of a sponsorship relation, family members can still apply for the Independent Residence Permit, allowing them to continue living independently in the country.

• age: generally, non-EU citizens aged 18 or older are eligible. However, if they have a Romanian sponsor who is a family member, the age requirement extends to 21.

So, for example, in case you got divorced you must apply for independent residency, and this right is granted for 6 months after the divorce.

What Else Shall an Applicant Know?

To secure the right of residence, the applicant must additionally provide, as applicable, the court decision ending the marriage, a legalized document confirming the termination of the partnership, the death certificate, or the birth certificate.

How Can a Romanian Immigration Lawyer Assist in Case of Independent Residence Permit?

In the case of an Independent Residence Permit in Romania, a Romanian immigration lawyer can provide valuable assistance in several ways:

• eligibility assessment: an immigration lawyer can assess applicant’s eligibility for an Independent Residence Permit based on specific circumstances.

• documentation preparation: one of the key aspects of a successful residence permit application is the preparation of accurate and complete documentation. An immigration lawyer can guide the applicant in gathering and organizing the required paperwork, ensuring that all necessary documents are properly prepared and submitted.

• application submission: immigration lawyer can assist in submitting an application to the appropriate authorities, ensuring that it is done correctly and in accordance with the current regulations.

• legal representation: in case of any legal disputes or challenges related to your Independent Residence Permit application, an immigration lawyer can represent the applicant in front of the relevant authorities. This includes handling appeals or addressing any objections raised during the evaluation process.

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