Removal of foreigners
- Return decision
The return decision is the administrative act by which the General Inspectorate for Immigration finds the illegal stay of the foreigner on the Romanian territory and establishes his obligation to return, as well as the deadline for voluntary departure.
The return decision is issued to foreign nationals in the following situations:
a) at their request, when the stay on the Romanian territory became illegal;
b) are found to be illegally staying or having exceeded the period of stay at the border area established by the agreement governing the legal regime regarding small traffic at the common border;
c) in case of revocation or cancellation of the right of residence or refusal to extend the right of residence;
d) in case of cancellation / revocation of the small border traffic permit or of the entry visa in Romania;
e) at the end of the long-term right of residence and the foreign citizen did not request the extension of the right of temporary residence.
The deadlines within which the aliens to whom a return decision has been issued are obliged to leave the territory of Romania run from the date on which the return decision was communicated to them.
The return decision can be challenged within 10 days from the date of communication to the court of appeal in whose territorial jurisdiction the structure of the General Inspectorate for Immigration is, which issued the return decision.
The court resolves the request within 30 days from the date of issuing it. The court’s decision is irrevocable. The appeal, within the legal term, against the return decision suspends the execution of the removal measure.
Foreigners requesting the return decision will present the passport (original and copy – the pages containing the identity data, the validity of the document and the last entry stamp) at the office of the territorial desk of the General Inspectorate for Immigration, on whose area of competence it is.
In case of non-compliance with the right of residence on the territory of Romania conferred by entry visa or residence permit, in addition to issuing the return decision, the following measures may be ordered against foreign citizens: no entry into Romania and sanctions.
The return decision allows the foreigner to leave the country unaccompanied, as follows:
a) within 15 days, for:
- the alien who has been found without a right of residence or who has exceeded the period of stay or border area established by the agreement governing the legal regime for small traffic at the common border;
- the alien whose small border traffic permit or whose visa has been revoked or revoked;
b) within 30 days, for:
- the alien requesting the return decision before being found without the right of residence;
the alien whose right of temporary residence has been revoked or revoked or whose right has been refused extension; - the foreigner whose long-term right of residence has ceased, if he does not meet the conditions for the extension of the right of temporary residence for one of the purposes provided in GEO no. 194/2002 with subsequent amendments and completions.
c) In duly justified situations, taking into account the specific circumstances of each case, such as the length of legal stay, the existence of children attending school and the existence of other family ties, the time allowed may be extended, on request, by up to 30 days.
The return decision may be suspended in the following situations:
- is the parent of a minor who attends the courses of a state or private educational institution, accredited or provisionally authorized by law, until the end of the school year;
- is married to another foreigner who has a right of temporary residence or permission to remain in Romania, and the marriage is not convenient;
- is in a situation of not being allowed to leave Romania (he is accused or charged in a criminal case and the magistrate has ordered the prohibition of leaving the territory or locality ).
In case of suspension of the return decision, the foreigner may request the tolerance of remaining on the Romanian territory.
2. Removal under escort
Removal under escort involves the accompanying staff of the General Inspectorate for Immigration to the border or to the country of origin, transit or destination of the following categories of aliens:
a) who have not voluntarily executed the obligation to return from the Romanian territory, after the fulfilment of the voluntary departure term;
b) which presents a risk of evasion from the voluntary execution of the return obligation, even before the fulfilment of the term for voluntary departure;
c) who have crossed or attempted to cross the state border illegally;
d) which have been declared undesirable;
e) who entered Romania during the period of interdiction previously ordered;
f) of those with illegal residence whose identity could not be established;
g) whose asylum procedure has been completed or who have renounced it and have not complied with the obligation to leave the territory of Romania established according to the asylum law;
h) which by their conduct determines the reasonable suspicion that they intend to evade the voluntary execution of the return obligation;
i) against which was ordered, according to the criminal code, the accessory and complementary punishment of interdiction of the alien’s right to be on the territory of Romania.
Aliens referred to in letters c) -h) shall be issued a decision to return under escort.
The decision to return under escort can be appealed to the territorially competent court of appeal within the radius of the accommodation center, within 3 days from the date of communication. The court rules within 5 days, the decision being final and irrevocable. Contestation of the decision to return under escort suspends the execution of the removal measure, unless the aliens have been declared undesirable.
The contestation of the return decision formulated by the foreigners taken into public custody does not suspend the measure of taking into public custody.
When there are strong indications that the removal under escort cannot be carried out within 24 hours, the alien will be taken into public custody. Foreigners taken into public custody are housed in closed, specially arranged centers. So far, two centers have been set up in Romania, located in Otopeni and Arad. The centers are built and organized to provide adequate accommodation, food, medical care and personal hygiene for the accommodation. They operate on the basis of a regulation approved by the relevant minister.
The expenses occasioned by the removal from the territory of Romania of the foreigners who have financial means shall be borne by them.
Simultaneously with the implementation of the measure of removal under escort, the General Inspectorate for Immigration may order, in accordance with the law, the prohibition of entry into Romania for a certain period.
The measure of returning aliens is prohibited in the following cases:
a) the alien is a minor, and his parents have the right to stay in Romania;
b) the foreigner is the parent of a minor who has Romanian citizenship, if the minor is dependent on him or if there is an obligation to pay alimony, an obligation that the foreigner fulfills regularly;
c) the foreigner is married to a Romanian citizen or to a foreigner who has the right of long-term residence on the territory of Romania, and the marriage is not convenient;
d) the alien is over the age of 65;
These persons may be granted or, as the case may be, extended the right to stay in Romania by the General Inspectorate for Immigration, for one of the purposes and in accordance with the law, without the need to obtain a long-stay visa in advance.
The obligation to return is suspended during the period in which the General Inspectorate for Immigration finds the incidence of the following situations:
a) removal under escort can be done only to a state against which there are justified fears that the life of the alien is endangered or that he will be subjected to torture, inhuman or degrading treatment;
b) the health condition of the alien makes it impossible to carry out the removal under escort;
c) the foreigner is the parent of a minor who attends the courses of a state or private educational institution, accredited or provisionally authorized according to the law, and the school year is in progress;
d) the foreigner is married to another foreigner who has the right of temporary residence or permission to remain on the territory of Romania, and the marriage is not convenient;
e) the foreigner is in one of the situations in which according to the criminal law, he is not allowed to leave Romania.
Exceptions to these provisions are aliens who constitute a danger to public order, national security or who suffer from a disease that threatens public health and refuse to submit to the measures established by the medical authorities.