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Tuca Zbarcea & Asociatii: Advice to Ukrainians in Romania

Tuca Zbarcea & Asociatii: Advice to Ukrainians in Romania

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This review was prepared for Ukrainian refugees by the law firm Tuca Zbarcea & Asociatii upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua

(1) Entering the country

1.1. Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?

As of 25 February 2022, there is no requirement to quarantine or undertake/provide a certificate of Covid-19 vaccination or valid PCR test to enter Romania from Ukraine. Also, as of 8 March 2022, quarantine is no longer mandatory for individuals entering Romania from all other countries.

1.2. Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?

The general rules for entering Romania essentially provide that:

  1. Ukrainian citizens holding biometric passports are allowed to enter Romania without a visa and may stay in Romania for up to 90 days.
  2. Ukrainian citizens holding non-biometric passports are allowed to enter Romania only if they have a visa;
  3. Ukrainian citizens without passports (including citizens holding other ID identifications, or citizens without any ID identification) are allowed to enter Romania if they apply for the asylum procedure.

As far as we know, considering the war situation, Romanian authorities have been more lenient and accepted any valid passports (valid biometric or non-biometric passports) to allow the Ukrainian citizens to enter Romania. It seems that Ukrainian citizens with other ID documents (national IDs, birth certificates) or without any ID documents are still required to apply for the asylum procedure. However, please be aware that this is a practice adopted by the Romanian authorities in this specific context is not entirely in line with the laws and procedures currently in force; thus, this practice may be subject to change at any time.

1.3. Is entry without passport allowed?

Yes. UA citizens may enter without passport or ID identification if they apply for the asylum procedure.

Generally, any foreigner can apply for the asylum procedure (including Ukrainian citizens who entered Romania based on valid passports). Once a foreigner applies for the asylum procedure, he/she gains the status of an asylum seeker. A foreigner is considered an asylum seeker from the moment the person expresses his/her will (either orally or in writing) to the competent authorities from which it results that this person requests the protection of the Romanian State. Even if ID documents are missing, no one should be denied access to the asylum procedure – to sole manifestation of will made in this respect to the competent authorities triggers the asylum procedure and therefore confers the status of asylum seeker.

The asylum seeker only has limited rights during the asylum procedure. Expulsion, extradition or forced return measures cannot be taken against the asylum seeker. The asylum granting procedure may last up to 9 months to be completed.

The decision on the application for the asylum procedure will be issued by the Romanian National Council for Refugees, by which:

(a) recognizes the refugee status of the applicant;

(b) grants subsidiary protection to the applicant;

(c) rejects the application for the asylum procedure.

Thus, the refugee status is only acquired by the asylum seeker only if the application for asylum procedure is approved and the asylum seeker meets the requirements to become a refugee, which are provided by the Geneva Convention. If the applicant does not meet the requirements for refugee status, under certain conditions, subsidiary protection may be granted.

Both the refugee status and the subsidiary protection are forms of international protection through which the Romanian state protects the foreigner against expulsion, extradition or return to their country of origin or to any state where their life or freedom would be endangered or where he would be subjected to torture, inhuman or degrading treatment. Both the refugee status and subsidiary protection shall be granted for an indefinite period and the applicant shall receive a temporary identity document from the Romanian authorities.

Once the refugee status is granted, the beneficiary will gain extra rights, out of which the most relevant are:

(a) to remain on the territory of Romania and to obtain a residence permit and a travel document for crossing the state border. The refugee is assigned a personal numerical code, which is included in the residence permit and in the travel document for crossing the state border;

(b) to be employed by individuals or companies, to exercise non-salaried activities, to exercise liberal professions and to carry out legal acts, to carry out commercial acts and deeds, including independent economic activities, under the same conditions as Romanian citizens;

(c) to establish legal residence in Romania, according to the legislation on the legal status of foreigners.

In addition, the Council of the European Union has adopted an implementing decision introducing temporary protection due to the mass influx of persons fleeing Ukraine as a consequence of war (available here), under which Ukrainian citizens will benefit from temporary protection if they resided in Ukraine before or on 24 February 2022, for an initial period of one year, which may be extended.

Therefore, under the current applicable legislation, Ukrainian citizens may stay in Romania without taking further immigration steps, as follows:

(a) Ukrainian citizens holding biometric passports – a maximum of 90 days during any period of 180 days preceding each day of stay on the territory of Romania;

(b) Ukrainian citizens who applied for asylum procedure – throughout the asylum procedure, until the expiry of a period of 15 days from the completion of the asylum procedure, except where the asylum application has been rejected following the accelerated or border procedure, in which case the foreigner must leave Romania as soon as the asylum procedure has been completed;

(c) Beneficiaries of international protection (asylum applicants who have been granted refugee status or subsidiary protection following the approval of their asylum application) – unlimited period of time;

(d) Beneficiaries of temporary protection – one year; may be subject to further extension for another year.

1.4. Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?

According to the legal framework, the application for asylum shall be submitted as soon as:

(a) the applicant presented himself/herself at a checkpoint for crossing the state border, including in the transit area;

(b) the applicant has entered the territory of Romania;

(c) events have occurred in the applicant's country of origin, which determines him to request protection for the alien with the right to stay in Romania.

Entry in the country by the UA citizens on the basis of a national identity document, birth certificate or on the declared identity is immediately preceded by the application for the asylum procedure. Further, Ukrainian citizens who enter Romania based on biometric passport or non-biometric passport with visa can apply for the asylum procedure right after entering Romania.

(2) Stay in the country

2.1. For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?

A UA citizen who enters Romania based on a visa-free regime (with a biometric passport), may stay in Romania for up to 90 days within a period of 180 days.

2.2. Are temporary residency permits available for UA citizens?

Temporary stay permits are available for UA citizens. Residence documents are granted by the Romanian authorities according to the purpose of stay in Romania (for local employment/ assignment/ family reunification/ study etc.), on the basis of a long-stay D-type visa previously obtained by the UA citizen. The extension of the right of stay in Romania shall be applied for at least 30 days prior to the expiry of the validity of the long-stay visa. The residence documents are issued within 30-45 days of the application and valid for up to 12 months, extendable. The residence permit is mandatory if the stay in Romania exceeds 90 days within a 6-month period.

Still, under the recent legal framework, as of 8 March 2022, long-stay visa for employment purposes is no longer required for UA citizens who enter Romania legally (and who does not apply for the asylum procedure), hence, the UA citizen who is employed on the Romanian territory may submit documentation to obtain the temporary residency permit, without having to present the long-stay visa D-type for employment purposes.

2.3. Are permanent residency permits available for UA citizens?

Long-stay permits are available for UA citizens and are granted for indefinite term. To be eligible to obtain a long-term right of residence in Romania, among others, the UA citizen must have had an uninterrupted and legal stay in Romania for the previous 5 years. Also, the UA citizens must have knowledge of the Romanian language - conversational level.

2.4. Is refugee status available for UA citizens?

Yes, please check the response to item (1).1.3. above.

2.5. Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.

Yes, please check the response to item (1).1.3. above.

(3) If UA citizen entered the country based on no visa regime, or based on tourist visa

3.1. What is the maximum allowed duration of stay in the country?

If the UA citizen entered Romania based on no visa regime (by holding a biometric passport) or based on tourist visa (short-stay visa), the UA citizen may stay in Romania up to 90 days.

3.2. Are any formal procedures (registration etc.) required for the stay?

No, UA citizens holders of biometric passports or passports with visa may enter Romania without other formalities, as long as their stay does not exceed the 90-days period indicated above.

3.3. Is employment allowed?

Yes. Ukrainian citizens who enter Romania legally and who do not apply for the asylum procedure, may be employed in Romania without a work permit or long-stay visa for employment. Ukrainian citizens’ right to work and stay in Romania may be extended (over the 90-day period mentioned above) by requiring the extension of the long-stay permit (no long-stay visa for employment shall be required in their case).

In order to be employed, the Ukrainian citizens fleeing the war are required to provide documents showing that they meet the conditions of professional training and experience in the activity to be performed. Ukrainian citizens who do not hold documents proving their professional training or experience required for certain positions, shall be employed for a period of 12 months, with the possibility of extension with 6 months-periods for maximum one year, after signing an affidavit. The affidavit shall state that the Ukrainian citizen meets the conditions of professional training and experience in the activity to be performed and that he/she does not hold a criminal record incompatible with the activity to be performed on the Romanian territory. However, there are certain professions that cannot be performed by Ukrainian citizens on the territory of Romania unless submitting the required documentation, such as, doctors, lawyers, pharmacist, pilot, tax consultant.

To verify the employee’s professional skills, the employer may establish a probationary period as regulated by the Romanian Labour Code (of maximum 90 calendar days for non-management positions or of maximum 120 calendar days for management positions).

Aside from the above, foreigners and stateless persons who enter Romania from Ukraine and who do not require a protection status under the asylum law (refugee, subsidiary protection), shall benefit during their temporary stay from medical assistance, transportation, meals, clothes, personal hygiene items, education for minors. The same rights will also be granted to the beneficiaries of the Council Implementing Decision (EU) 2022/382 of 4 March 2022, who enjoy temporary protection (i.e., Ukrainian nationals residing in Ukraine before 24 February 2022; stateless persons, and nationals of third countries other than Ukraine, who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022; the family members of the aforementioned).

3.4. Is healthcare covered by the hosting state?

Yes, free medical assistance and care services similar to those available to Romanian citizens, for a period of 90 days, if the entry into Romania meets the legal conditions.

3.5. What are main taxes, which shall be paid by UA citizen during the stay?

UA citizen arriving in Romania who stays in Romania for a period exceeding a total of 183 days, during any period of 12 consecutive months, which ends in the calendar year concerned, has the obligation to fill in the form "Questionnaire for establishing the tax residency of the individual upon arrival in Romania". Non-resident individuals must register the questionnaire with the competent central tax authority, within 30 days from the end of the 183-day term of presence in Romania.

If an individual becomes resident in Romania only for a period of a fiscal year, this individual has a full tax liability in Romania only for that period of the year of the fiscal year in which the UA citizen is considered resident.

For the period of the fiscal year, respectively from the date of arrival in Romania until the date on which the UA citizen becomes resident in Romania, the individual is considered non-resident, being subject to tax only for income obtained from Romania (tax income and social contributions).

The main elements that are taken into account in order to establish the residency, according to the Fiscal Code, are:

(a) domicile in Romania;

(b) permanent housing in Romania, which may be owned or rented;

(c) vital interests located in Romania;

(d) the individual is present in Romania for a period exceeding a total of 183 days, during any period of 12 consecutive months in the calendar year concerned.

3.6. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

A non-resident entity may employ Romanian individuals for carrying out activities on the Romanian territory. Nonetheless, issues may arise in practice as regards the applicable law governing the employment contract. Although normally the employment contract would be governed by the law chosen by the parties, still the employees may not be deprived of the protection afforded by the mandatory provisions regulated by Romanian law (which, in the absence of choice, would have been applicable).

The reporting and payment obligations with respect to the social security contributions due in Romania for salaries paid by the non-resident company may be performed as follows:

(a) With agreement. The non-resident employer may conclude an agreement regarding the reporting and payment of the social security contributions, allocating this responsibility to the concerned employees.

In such case the obligation to withhold, declare and pay monthly the social security contributions due by both the employees and the employer lays with the employees, and the employer’s sole obligation is to inform the tax authorities on the agreement concluded between the company and the employee in this respect. Therefore, the concerned employees should register for tax purposes and consequently will have the obligation to submit monthly the tax return in order to declare the income tax and the social security contributions due in connection with the salaries obtained.

(b) Without agreement. The non-resident employer does not conclude such agreement with the concerned employees regarding the reporting and payment of social security contributions, thus retaining the reporting and payment obligations with respect to social security contributions

In such case, as a general rule, the non-resident company has to register in Romania directly or through a proxy in order to report and pay the employer and employee social security contributions. The direct registration is allowed in case of (i) taxpayers residents in EU or the European Economic Area, (ii) taxpayers resident in a state which is part of an international legal instrument signed by Romania and which contains provisions on administrative cooperation in the field of taxation and recovery of tax receivables.

On a side note, Ukrainian employees could decide to offer employees the opportunity to work remotely from Romania on a temporary basis by obtaining the so-called “nomad visa”. Beneficiaries of the nomad visas need to be employed by a foreign company or offer services through a self-owned company located outside of Romania and need to prove that they observe the requirements provided by the law. The most important requirement is that the employee provides proof that for 6 months before applying for the visa and for the period of time requesting the visa, the “digital nomad” earns around 3,300 EUR per month (the minimum salary income that have been set at by the law is at three times the Romanian monthly gross average salary, roughly 1,100 EUR). The activities generating such income shall be performed remotely by using the information and communication technology. In order to obtain such visa, the digital nomads shall submit to the Romanian diplomatic missions and consular offices from Ukraine a couple of documents provide by the law (legalized translation in Romanian of their employment contract, letter of intent etc.).

3.7. Is it possible to open and use banking account?

Naturally, the conditions for opening a bank account are different for a non-resident. In this category we are talking about foreigners, without Romanian citizenship, with tax residence in another country. Conditions may vary by bank. However, in the present context, there are several banks that support the UA, facilitating the opening of a bank account without heavy conditions.

For instance, refugees from Ukraine can open a current account with a debit card attached to the LEI at Raiffeisen Bank, free of charge. Opening a current account in LEI with a debit card attached can be done in all branches of the bank, based on the Ukrainian identity card or valid passport.

At Transilvania Bank, the opening of a banking account is based on a Ukrainian passport / identity card, accompanied by a certified translation. Commission 0 for opening and administration.

ING Romania offers Exclusive benefits for Ukrainian citizens: (i) zero fees and commissions for this account / card regardless of income; (ii) opening of an account in RON or EUR or USD; (iii) opening the relationship only based on the identity document; (iv) online translation service.

3.8. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Reporting entities have the obligation to report to the Office transactions in cash, in lei or in foreign currency, the minimum limit of which is the RON equivalent of 10,000 euros, including related transactions.

Credit institutions and financial institutions shall report on external transfers to and from the accounts, in lei or in foreign currency, the minimum limit of which shall be the equivalent of EUR 10,000 in lei, including related transactions.

The report shall be sent to the Office no later than 3 working days from the time of the transaction.

The Office is the authority that coordinates the assessment of the risks of money laundering and terrorist financing at the national level.

3.9. Is UA driving license accepted? If yes, for how long?

In accordance with Article 83 paragraphs (1) and (2) of the Emergency Ordinance no. 195/2002 regarding the traffic on public roadsThey have the right to drive vehicles on public roads in Romania, if they meet the conditions provided in art. 20 and art. 23 para. (1), holders of valid national driving licenses issued by the authorities:

a) Member States of the Convention on Road Signs and Signals, provided for in art. 82 para. (2) ;

b) the Member States of the European Union;

c) the states with which Romania has concluded a treaty on the mutual recognition of driving licenses.”

To drive a vehicle in Romania, persons who hold a national driving license issued by the authorities of a state that is not a signatory to The Convention on Road Traffic or a member of the European Union or with which Romania has not concluded a treaty on the recognition reciprocal driving licenses must also possess international driving license.

Ukraine signed The Convention on Road Traffic, therefore, they are allowed to drive vehicles based on their driving license issued, for undetermined time.

3.10. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

The main rules to this end are the ones established in the Emergency Ordinance no. 195/2002 regarding the traffic on public roads.

Vehicles registered in other states may cross the state border and run on public roads in Romania, if they meet the technical conditions provided for in The Convention on Road Traffic, but only for the period during which they are insured for civil liability cases as a result of damages caused by motor vehicle accidents.

Also, vehicles, agricultural or forestry tractors and trailers registered in other states, owned by persons having their headquarters or domicile in Romania, may be driven on public roads for a maximum period of 90 days from their introduction in the country if they are insured for the cases liability as a result of damage caused by traffic accidents.

Persons who have established their domicile or residence in Romania may register their motor vehicles or trailers with the competent authority within which they have their domicile or residence, as the case may be.

3.11. What is required to sell a car brought from Ukraine in your country?

So far, there is no derogation from UA citizen with respect to facilitating the selling of their cars on Romanian territory.

Therefore, the general rules applying to this transaction are the ones applying to a sell of goods outside from E.U.

Please be aware that Romanian legislation foresees a standard form "Contract for the alienation-acquisition of a means of transport", model 2016 ITL-054 („Order no. 1069/1578/114/2016 for the application of point 101 of title IX "Local taxes and fees" from the Methodological Norms for the application of Law no. 227/2015 on the Fiscal Code, approved by Government Decision no. 1/2016”).

For instance, UA citizen should present the ID document, the ownership and registration documents of the car.

3.12. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

Yes, minors in special situations who come from Ukraine and enter the territory of Romania, including those who do not require a protection status under the asylum law (refugee, subsidiary protection), or those who are beneficiaries of Council Implementing Decision (EU) 2022/382 of 4 March 2022 who enjoy temporary protection, shall benefit from the following rights in the field of education:

(a) the right to education in schools in Romania under the same conditions and with funding from the same budgets as for Romanian kindergartners, pre-schoolers and pupils;

(b) the right to free accommodation in boarding schools, food allowance, the right to barracks, respectively: school supplies, clothing, shoes, textbooks.

The procedure for enrolling the minors above as auditors (i.e., “auditor” is the student enrolled in another education system in another country, who continues, at the request of his/her parent/legal representative, his/her studies in the Romanian education system and is enrolled in temporary catalogues, until the equivalence of studies and until taking the differentiation exams, if the case) shall be established by order of the minister of education. Upon entering the community, the minors from the area of ​​armed conflict with Ukraine will benefit from the examination of their health in the educational units according to the legislation in force and they will be issued a medical document for enrolment. Those who are not vaccinated will be able to access the vaccination schedule according to the National Vaccination Program run by the Ministry of Health. We shall revert with details soon after the order of the minister of education is published in the Official Gazette.

3.13. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

Yes, please check the response to item (3).3.12. above.

3.14. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

Yes, juniors 19 to 22 years old can continue their university studies for free in Romania. There are three universities in Romania where there is teaching in Ukrainian: University of Bucharest, Babeş-Bolyai University and University of Suceava.

3.15. Are there any special regulations applied to elderly people at 60+ age?

Yes, elderly people with reduced mobility or in a situation of dependency, benefit, upon request, free of charge, from social services in accordance with the provisions of Law no. 17/2000 on social assistance for the elderly.

3.16. Are there any special regulations applied to disabled persons?

Yes, persons with disabilities, accompanied or unaccompanied, benefit, upon request, free of charge, from the social services in the residential centres for adults with disabilities (i.e., sheltered housing; centres for independent living; rehabilitation and rehabilitation centres; care and assistance centres; respite centres / crisis centres). The companions of the persons with disabilities benefit, under the same conditions, from social services together with them.

The procedure for granting social services for the persons provided above will be established by order of the President of the National Authority for the Protection of the Rights of Persons with Disabilities and will be published in the Official Gazette.

3.17. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

UA citizens benefit from temporary accommodation in camps and humanitarian assistance or in other accommodation locations established by the county/ municipality committees of Bucharest for emergency situations. They also benefit, on demand, of material assistance for renting a house or finding free accommodation. Under the recent legal framework, UA citizens shall benefit during their temporary stay from medical assistance, transportation, meals, clothes, personal hygiene items, education for minors.

3.18. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, for UA citizens accommodated in the spaces of state and private pre-university education units and state and private university education institutions, meal and accommodation expenses are granted within the limit of 50 lei/person/day for accommodation (roughly 10 EUR) and 20 lei/ person/ day for meals (roughly 4 EUR), for up to 90 days.

(4) If UA citizen entered the country aiming to get temporary residency permit

4.1. When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.

After entering Romania the UA citizen can benefit from the extension of their right to stay in Romania. The extension of the temporary-stay permit allows the foreign citizens to work and stay on the Romanian territory a period of up to one year. The prolonged temporary stay permit is issued by the territorial units of the General Inspectorate for Immigration. To obtain the extension of the temporary-stay permit the UA citizen has to submit personally a set of documents at least 30 days before the expiry of the right to stay granted by the visa (maximum 90 days). Documents can be submitted through the online service, available at https://portaligi.mai.gov.ro/portaligi/

Also, please check response to item (2).2.2. above.

Assuming the temporary residency permit is granted:

4.2. What is the maximum allowed duration of stay in the country?

To the extent the conditions existing upon entering in Romania for the purpose the temporary-stay permit is obtained have not been changed, the UA citizens’ right to stay in Romania can be renewed at least 30 days before its expiry date, successively for further periods of up to 1 year.

4.3. Are any formal procedures (registration etc.) required for the stay?

Yes, certain documents need to be submitted to the territorial units of the General Inspectorate for Immigration in order to obtain the extend the stay in Romania. The application shall be accompanied by the original and a copy of the state border crossing certificate, a medical certificate issued by a public or private health institution, stating that the UA citizen does not suffer from diseases which may endanger public health, proof of legal possession of the living space at the address where he/she declares that he/she resides in Romania, proof of social health insurance, means of subsistence and taxes related to the extension of the right of residence and the cost of the document issued for this purpose, as well as other mandatory documents, depending on the purpose for which the UA citizen requests the approval of the stay in Romania.

4.4. Is employment allowed?

Yes, Ukrainian citizens’ right to work and stay in Romania may be extended (over the 90-day period mentioned above) by requiring the long-stay permit. Employment shall be continued under the same conditions provided in the response to item (3) 3.3. above.

4.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Yes, free medical assistance and care services similar to those available to Romanian citizens are covered, if the entry into Romania meets the legal conditions.

4.6. What are main taxes, which shall be paid by UA citizen during the stay?

Please check the response to item no. (3).3.5. above.

4.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Please check the response to item no. (3).3.6. above.

4.8. Is it possible to open and use banking account?

Please check the response to item no. (3)3.7. above.

4.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please check the response to item no. (3)3.8. above.

4.10. Is UA driving license accepted? If yes, for how long?

Please check the response to item no. (3)3.9. above.

4.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please check the response to item no. (3)3.10. above.

4.12. What is required to sell a car brought from Ukraine in your country?

Please check the response to item no. (3)3.11. above.

4.13. Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?

Yes, as provided in response to item no. item (3).3.12. above.

4.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?

Yes, as provided in response to item no. item (3).3.12. above.

4.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?

Yes, as provided in response to item no. item (3).3.14. above.

4.16. Are there any special regulations applied to elderly people at 60+ age?

Yes, as provided in response to item no. item (3).3.15. above.

4.17. Are there any special regulations applied to disabled persons?

Yes, as provided in response to item no. item (3).3.16. above.

4.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

The Romanian state ensures the conditions for the integration of foreigners who have been granted a right of residence in Romania, in the economic, social and cultural life of the country, as well as their access to the education system.

In order to integrate foreigners, the following activities may be organized and carried out:

(a) Romanian language courses;

(b) courses and other forms of training and professional training;

(c) ensuring the information regarding the rights and obligations of foreigners, as well as on the opportunities for integration in the Romanian society;

(d) courses on knowledge of the history, culture, civilization and the legal system in Romania;

(e) meetings occasioned by different events, in which Romanian citizens also participate, in order to promote mutual knowledge and understanding.

The cultural accommodation sessions are carried out, upon request, by the specialized General inspectorate for Immigration staff in order to familiarize the foreigners with the Romanian traditions, customs and cultural values ​​and to provide practical information regarding the Romanian society. After participating in the cultural accommodation sessions, General inspectorate for Immigration issues a certificate in this regard.

The Romanian language learning courses are organized by the Ministry of Education in collaboration with the General Inspectorate for Immigration and aim at familiarizing the participants with the Romanian language. At the end of the course, a certificate of linguistic competence is issued attesting the level of knowledge of the Romanian language, based on a methodology developed and approved by the Ministry of Education.

The UA citizens who have acquired the right of residence in Romania shall, on request, benefit from intensive learning Romanian language courses for a fee. These courses are organized by the Ministry of Education in collaboration with the General Inspectorate for Immigration and aimed at familiarizing participants with the Romanian language.

4.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, as provided in response to item no. item (3).3.18. above.

4.20. Are there any restrictions to leave the country?

The UA citizen is not allowed to leave the country in the following situations:

(a) is a suspect or defendant in a criminal case and the magistrate orders the imposition of the measure of interdiction to leave the locality or the country;

(b) was sentenced to imprisonment by a final court decision and the additional punishment of prohibition of the right to leave the territory of Romania was applied or the measure of not leaving the territory of Romania was ordered.

(5) If UA citizen entered the country aiming to get permanent residency permit

5.1. When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.

Please check response to item no. (2).2.3 above.

Assuming the permanent residency permit is granted:

5.2. What is the maximum allowed duration of stay in the country?

Please check response to item no. (2).2.3 above.

5.3. Are any formal procedures (registration etc.) required for the stay?

Please check response to item no. (2).2.3 above.

5.4. Is employment allowed?

Yes, UA citizen shall employed under the same legal framework as Romanian employees, and, as a result, he/she would enjoy the same rights and obligations as Romanian employees.

5.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

Yes, free medical assistance and care services similar to those available to Romanian citizens are granted to those obtaining permanent residency permits.

5.6. What are main taxes, which shall be paid by UA citizen during the stay?

Please check the response to item no. item (3).3.5. above.

5.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Please check the response to item no. item (3).3.6. above.

5.8. Is it possible to open and use banking account?

Please check the response to item no. (3)3.7. above.

5.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please check the response to item no. (3)3.8. above.

5.10. Is UA driving license accepted? If yes, for how long?

Please check the response to item no. (3)3.9. above.

5.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please check the response to item no. (3)3.10. above.

5.12. What is required to sell a car brought from Ukraine in your country?

Please check the response to item no. (3)3.11. above.

5.13. Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?

Foreign minors living in Romania have access to compulsory schooling under the same conditions as minor Romanian citizens.

5.14. Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?

Foreign minors living in Romania have access to compulsory schooling under the same conditions as minor Romanian citizens.

5.15. Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?

Yes, as provided in response to item no. item (3).3.14. above.

5.16. Are there any special regulations applied to elderly people at 60+ age?

Yes, as provided in response to item no. item (3).3.15. above.

5.17. Are there any special regulations applied to disabled persons?

Yes, as provided in response to item no. item (3).3.16. above.

5.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

Yes, as provided in response to item no. item (4).4.18. above.

5.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, as provided in response to item no. item (3).3.18. above.

5.20. Are there any restrictions to leave the country?

Yes, as provided in response to item no. item (4).4.20. above.

 

(6) If UA citizen entered the country aiming to get refugee status

6.1. When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.

Please check the response to item (1).1.3. above.

Assuming the refugee status is granted:

6.2. What is the maximum allowed duration of stay in the country?

Please check the response to item (1).1.3. above.

6.3. Are any formal procedures (registration etc.) required for the stay?

Please check the response to item (1).1.3. above.

6.4. Is employment allowed?

Please check the response to item (1).1.3. above.

6.5. Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?

For UA citizens seeking asylum in Romania, primary care and treatment, emergency hospital case, as well as medical care and treatment are all free in cases of acute or chronic life-threatening diseases. The UA citizens benefiting from a form of international protection (refugee, subsidiary protection) who acquire the quality of insured in the social health insurance system, enjoy free medical assistance and care services similar to those available to Romanian citizens.

6.6. What are main taxes, which shall be paid by UA citizen during the stay?

Please check the response to item no. item (3).3.5. above.

6.7. What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?

Please check the response to item no. item (3).3.6. above.

6.8. Is it possible to open and use banking account?

Please check the response to item no. (3)3.7. above.

6.9. What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?

Please check the response to item no. (3)3.8. above.

6.10. Is UA driving license accepted? If yes, for how long?

Please check the response to item no. (3)3.9. above.

6.11. What and when is required to use a car brought from Ukraine (insurance, certification etc.)?

Please check the response to item no. (3)3.10. above.

6.12. What is required to sell a car brought from Ukraine in your country?

Please check the response to item no. (3)3.11. above.

6.13. Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?

Yes, as provided in response to item no. item (3).3.12. above.

6.14. Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?

Yes, as provided in response to item no. item (3).3.12. above.

6.15. Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?

Yes, as provided in response to item no. item (3).3.14. above.

6.16. Are there any special regulations applied to elderly people at 60+ age?

Yes, as provided in response to item no. item (3).3.15. above.

6.17. Are there any special regulations applied to disabled persons?

Yes, as provided in response to item no. item (3).3.16. above.

6.18. Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.

UA citizens seeking asylum enjoy free accommodation upon demand in one of the six centres of the General Inspectorate for Immigration (IGI). These accommodation centres have living rooms and kitchens equipped properly, as well as recreational facilities (prayer rooms, clubs, playrooms, computer rooms and gyms) that are used for free by asylum seekers. Accommodation in Regional IGI Centres involves ensuring personal hygiene and cleaning products, as well as providing material goods necessary for the preparation and cooking of food and for dining.

To facilitate access to the Romanian education system, underage asylum seekers receive, free of charge, during a school year, a preparation of intensive and free course in order to register in the national education system. The preparation course is organized by the Ministry of Education in collaboration with the General Inspectorate for Immigration.

Also, please check the response to item no. item (4).4.18. above.

6.19. Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.

Yes, as provided in response to item no. item (3).3.18. above.

6.20. Are there any limitations to leave the country?

During the asylum procedure (until the refugee status or subsidiary protection is granted), the UA citizen cannot leave the locality of residence without the authorization of the Romanian Office for Immigration. The authorization will be issued by the Romanian Office for Immigration following an individual, objective and impartial analysis.

(7) Language issues

7.1. What languages can be used for communication in your country?

In Romania, the official language is Romanian, although, please note that most of the people speak English. However, Romania provides translators and many volunteers to help the UA citizens with respect to the language used in communication.

(8) Upcoming or expected legislative changes

8.1. Do you expect any major changes to the relevant legislation?

Legislation has changed recently (as of 8 March 2022), however, further amendments to legislation dealing with migration from Ukraine may be performed at any time. We shall revert with updated responses if that would be the case.

(9) Local help resources

9.1. Please provide links and brief descriptions to any local helpful resources.

Kindly find below relevant links and their description:

(a) THE SUBMISSION OF THE ASYLUM APPLICATION - https://igi.mai.gov.ro/the-submission-of-the-asylum-application/;

(b) INFORMATION REGARDING THE ACCESS AND UKRAINIAN CITIZENS RIGHTS IN ROMANIA - https://igi.mai.gov.ro/en/brochure-ukraine/ - please note that the information herein regarding employment was applicable prior to 8 March 2020, when new legislation came into force. The applicable rules for employment at the moment are those described in item (3).3.3. above;

(c) Support and Integration - https://igi.mai.gov.ro/en/category/diverseen/support-and-integration/;

Migration rules (extension of the right to stay, long term residence in Romania etc.) - https://igi.mai.gov.ro/en/category/diverseen/migration/

Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

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