Information of interest to British nationals and their respective family members, who are covered by the Withdrawal Agreement, starting with January 1st 2021
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Information of interest to British nationals, who are covered by the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (Withdrawal Agreement) and their respective family members:
In order to legislate particular aspects regarding the entry and stay of the British nationals, who are covered by the Withdrawal Agreement and their respective family members, the Romanian government adopted Government Emergency Ordinance no.204 from November 23rd 2020 on the implementation of certain measures for the putting into effect of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as regards the establishment of the right of entry and stay in the territory of Romania (GEO nr.204/2020).
In order to apply for an entry visa, in accordance with the provisions of GEO nr.204/2020, those subject to the requirement of obtaining a visa are only able to apply for a short-stay visa type C/ZA.
For further details, please consult the following information:
Main beneficiaries of the Withdrawal Agreement are British nationals who have exercised their right of stay in Romania in line with Union Law before the end of the transition period and who continue to reside in Romania after the end of the transition period (31.12.2020) and their respective family members, who are travelling with or joining them, after the end of the transition period, if they held the quality of family members before the end of the transition period, as well as children born or adopted after the end of the transition period.
In the same conditions, main beneficiaries of the Withdrawal Agreement are British nationals employed in Romania, however have established their residence outside of the territory of Romania, as well as their respective family members.
Following the withdrawal of the United Kingdom of Great Britain and Northern Ireland (UK) from the European Union, starting January 1st 2021, British nationals are exempt from the requirement to obtain a Romanian airport transit visa (marked by the symbol A), transit visa (marked by the symbol B) and short-stay visa (marked by the symbol C) – for stays that do not exceed 90 days throughout any 180-day period on the territory of Romania, in keeping with the provisions of Regulation (EU) 2019/592 of the European Parliament and of the Council of 10 April 2019 amending Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as regards the withdrawal of the United Kingdom from the Union.
British nationals fulfilling the provisions of the Withdrawal Agreement, irrespective of whether they are residing on the territory, may enter Romania without a visa in order to apply for their new status at the territorial offices of the General Inspectorate for Immigration – Ministry of Internal Affairs (GII - MAI) in the area where they intend to reside in Romania. Following the registration of their new status, they will obtain:
- Proof of lodging the stay permit application for their new status, which can be used until the final decision on the issuance of the stay permit is adopted;
- A stay permit attesting the status as beneficiary of the Withdrawal Agreement.
The new stay permit issued by GII – MAI will allow the holder visa-exempt entry to the territory of Romania for the period of its validity
Family members of British nationals – beneficiaries of the Withdrawal Agreement, subject to the Romanian entry visa requirement, planning to join them after the end of the transition period, will be able to apply for a Romanian C/ZA type visa by filling-in an online application and lodging the visa application at a Romanian diplomatic mission or consular post in the state where they are staying legally.
Family members of British nationals who are beneficiaries of the Withdrawal Agreement (who have already registered their new status and have obtained a proof of lodging the stay permit application or have obtained a new stay permit), planning to join them in Romania, after the end of the transition period, will be able to apply for a Romanian C/ZA type visa in keeping with the provision of GEO no.204/2020, in order to enter the country for the purpose of applying for temporary stay and gaining the new status of beneficiary of the Withdrawal Agreement. In the case of trips to Romania, for purposes other than obtaining the new status, the Romanian visa applications may be lodged in keeping with the provision of the national legislation, namely Government Emergency Ordinance Nº 194/2002 on the regime of aliens in Romania, republished, with its latest amendments and completions and, depending on the case, agreements concluded by the European Union and third-states for visa facilitation.
Family members of British nationals who are beneficiaries of the Withdrawal Agreement can be divided into two categories, according to the time limitation imposed on the visa requirement, the obligation to reside in Romania together with the British national, at the end of the transition period or the exemption from the visa requirement:
a) Core family members - Persons who were directly related to a British national – main beneficiary of the Withdrawal Agreement, who have resided outside Romania before the end of the transition period and who maintain the same quality at the time they apply for a right of residence on the grounds of Title II of the Withdrawal Agreement, in order to join the British national – main beneficiary of the Withdrawal Agreement (further referred to as “core family members”), namely:
- The spouse, the partner – in a partnership registered in line with the provisions of the legal framework in force of the state that recognizes registered partnership as a form of family cohabitation for a couple, as well as the partner – in a durable partnership;
- Direct descendants who are under the age of 21 or are dependents of the British national, as well as direct descendants of the spouse or of the partner;
- Direct ascendants who are dependents of the British national and those of the spouse or partner;
- Natural children of the main beneficiary of the Withdrawal Agreement, born after the end of the transition period or children legally adopted by said beneficiary, after the end of the transition period, who are residents of a third-state, who are under the age of 21 or who need to be dependents of the WA beneficiary, when they apply for the right of residence in Romania in order to join the WA beneficiary, should they fulfil one of the following conditions:
i. both their parents are Withdrawal Agreement beneficiaries;
ii. one of their parents is a Withdrawal Agreement beneficiary and holds exclusive or common rights as regards custody of the child in line with the provisions of family Law applicable in the EU and in the UK, as well as in line with international private Law norms applicable as regards the superior interest of the child.
This category of family members can join the British national - Withdrawal Agreement beneficiary, at any time, should they comply with one of the aforementioned qualities at the date of lodging a visa application, provided said quality can be thoroughly proven.
When lodging such a visa application, the family member of the British national – Withdrawal Agreement beneficiary will be required to submit the following documents (art.24 (4) from GEO no.204/2020):
- Valid travel document accepted by Romania;
- Copy of the residence document of the British national – main Withdrawal Agreement beneficiary whose quality they invoke or, depending on the case, the proof of having lodged an application for registration of the new status, by the British national, and the copy of the residence document issued in accordance with the provisions of GEO no.102/2005;
- An authenticated declaration of the British national – main Withdrawal Agreement beneficiary that will comprise references to the fact that the family relationship/partnership is actual, that the British national-main Withdrawal Agreement beneficiary agrees that the applicant joins them in Romania, as well as details related to the residence in Romania of the British national – main Withdrawal Agreement beneficiary;
- Any other proof regarding the reason for which the visa applicant did not register in Romania as family member of a British national – main Withdrawal Agreement beneficiary, in the terms established by European and national law;
- Supporting documents necessary for the registration of the new status, that could attest to a family/partnership relationship at the end of the transition period, as well as the continuity of this relationship at the moment of lodging the visa application, such as:
i. husband/wife – document/extract/certificate of marriage issued by the competent authority of the state where the marriage was concluded or registration in a member state of the UE/Schengen/UK;
ii. registered partnership - document/extract/certificate of partnership issued by the competent authority of the state where the partnership was concluded or registration in a member state of the UE/Schengen/UK;
iii. durable partnership – Any document that could attest to a viable, continuous (including with prospects for the future) couple relationship, such as: proof that the partners are natural parents or legal representatives of at least one child; proof that the partners live together/share a common household; that they have a common bank account; they can present bank statements with reciprocal transfers; they own common immobile property; they are reciprocal guarantors for credits; any other viable proofs for durability and stability of the couple;
iv. for direct descendants and ascendants – document/certificate of civil status which constitutes the proof of family ties, issued by the competent authority of the state where the birth took place or registration in a member state of the UE/Schengen/UK;
v. adopted or legally entrusted child of the Withdrawal Agreement beneficiary after the end of the transition period – final decision issued by the Court regarding the adoption or the legal decision/notary agreement establishing the entrusting of the minor.
The aforementioned documents will be presented in their original form, with appropriate apostille/superlegalisation, translated into the Romanian or English languages.
b) Other family members – Persons who are part of the extended family of a British national – main beneficiary of the Withdrawal Agreement:
- Family members mentioned under point a) – core family members, residents of Romania, in accordance with Union law, before the end of the transition period and continued residents of Romania at the end of the transition period;
- Any other family members, irrespective of their citizenship, not mentioned in point a) as core family members and who, in the country of provenance, are dependents or members of the household of the British national – main Withdrawal Agreement beneficiary, or where serious health grounds strictly require the personal care of the family member by the British national – main Withdrawal Agreement beneficiary, or when the family member whose presence in Romania is necessary to the British national - main Withdrawal Agreement beneficiary, in order for them not to be deprived of the right of stay granted by the Withdrawal Agreement;
- Family members from the extended family whose entry and stay in Romania was facilitated before the end of the transition period, but who have not yet received a decision with regard to their temporary stay in Romania, until the date of expiry of the term of registration of the new status.
This categories of family members from above must have their residence in Romania at the end of the transition period, along with the British national – main Withdrawal Agreement beneficiary whose quality they invoke. As such, they are required to apply for the registration of their new status on the grounds of the Withdrawal Agreement, in the terms established for the British national - main beneficiary of the Withdrawal Agreement, along with said main Withdrawal Agreement beneficiary. After examination of their application, they will receive a positive or a negative decision, in accordance with their quality as family members of a British national and beneficiaries of the Withdrawal Agreement.
With the exception of family members whose entry was facilitated but who have not yet received an answer with regard to their right of stay in Romania, all other persons from the categories mentioned above should hold a document that attests to their legal stay and residence in Romania. By using such a document, they can enter Romania without a visa and, in principle, should not find themselves in a situation to be subjected to the entry visa requirement.
In such cases, the necessary supporting documents to be lodged with the visa application will be specific and adapted to the circumstances and quality of the applicant (proof that they are dependents or members of the household of the British national – main Withdrawal Agreement beneficiary, or where serious health grounds strictly require the personal care of the family member by the British national – main Withdrawal Agreement beneficiary, or when the family member whose presence in Romania is necessary to the British national - main Withdrawal Agreement beneficiary, and have not yet received a decision regarding their temporary stay in Romania by the final deadline of the registration period of the new status).
After the December 31st 2021, as the final deadline of the registration period, only core family members will be able to lodge Romanian visa applications for the purpose of joining the British national - main beneficiary of the Withdrawal Agreement.
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In order to lodge a visa application online, the applicant will access the menu « Get informed », will fill-in the fields: „ States/entities/not recognized territorial authorities ”- by selecting the citizenship, „ Type of visas - Select the purpose of your trip to Romania” by selecting ”Other” (marked C/ZA), „ The type of your travel document - Select the type of travel document that you hold” – by selecting the appropriate travel document (usually the type of travel documents is “Ordinary/national passport”). The visa applicant will receive information regarding the supporting documents to be submitted with the visa application and, when in possession of all the required documents, will be able to access the right hand-side menu « Apply for a visa », in order to lodge an online visa application.
The visa will be processed by the diplomatic mission/consular post free of charge and processed on the basis of an accelerated procedure, with an authorized stay of 90 days throughout any 180-day period, with multiple entries and with an exceptional extended validity of 1 year.
Third-state nationals, holders of visas issued in accordance with the provisions of GEO no.204/2020 and who, for reasons attributable to them, do not apply for the extension of their temporary right of stay in Romania, as family members of beneficiaries of the Withdrawal Agreement, will not benefit from the possibility to lodge another visa application, in case the first visa issued has expired before the holders take the necessary steps to extend their stay.
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Useful information on registration at the territorial bureaus of the Inspectorate General for Immigration of the Ministry of Interior (IGI-MAI), for third-state nationals, family members of the beneficiaries of the Withdrawal Agreement (WA), as beneficiaries of the WA
Within 90 days from your arrival in Romania, as a family member of a British national - main beneficiary of the WA, you must apply for registration with the territorial bureaus of the Inspectorate General for Immigration of the Ministry of Interior (IGI-MAI) from your place of abode.
The supporting documents to be submitted along with your application for a residence permit are:
• application form;
• valid travel document, in original and in copy;
• copy of the new residence permit issued to the main beneficiary of the WA, or proof of lodging the application for a residence permit, depending on the case;
• evidence of legal ownership of the living space, at the address you declare as your residence in Romania and of the fact that you actually live there;
• evidence of the means of support provided it is not ensured by the main beneficiary of the WA, in the notarised statement;
• proof of valid health insurance;
• for spouses: a civil status document that attests to the existence of the marriage at 31.12.2020 and to its continuousness until the date of registration of the application;
• for children/grandchildren and parents/grandparents: documents that attest to the kinship, mainly recently issued civil status documents;
• for partners: documents that attest to the registered partnership with the British national - main beneficiary of the WA, issued by authorities competent with the registration of partnerships - in the case of a registered partnership; or documents that attest to the existence of a long-term cohabitation relationship - in the case of an unregistered partnership; in both cases, the submitted documents must attest to the fact that the partnership has started before 31.12.2020 and continues upon the date of lodging the registration application;
• for dependents: documents that attest to this fact.
You must also make the proof that you hold sufficient means of support, unless such means is provided by the main beneficiary of the WA who is able to support oneself.
Documents that can be used as proof of means of support:
• a pension slip issued no more than 3 months before the date of entry into Romania (or another similar document);
• a declaration on the global income tax for the year prior to the date of entry into Romania (or another similar document);
• a bank statement or other equivalent documents that attest to the fact that you obtain the income necessary to support yourself;
• a certificate of salary;
• In the case of persons who travel to Romania for studies, the evidence of the means of support can be brought in the form of an affidavit.
More information on the registration procedure, on the format and content of documents can be accessed here: https://www.mai.gov.ro/cetatenii-britanici-in-context-brexit/ ; http://igi.mai.gov.ro/ or by contacting the territorial bureaus of the IGI-MAI - http://igi.mai.gov.ro/ro/node/contact
NOTICE:
The IGI-MAI annuls the right of residence, by reasoned decision, provided that after its recognition it is found that:
• at the date of obtaining this right, the quality of WA beneficiary was proven by using false information, false or falsified documents, or by other illegal means;
• the right of temporary residence was obtained on the basis of a marriage of convenience, if it was concluded or declared in order to benefit from the right of residence on the territory of Romania.