A guide for Ukrainian citizens in Romania: Border crossing. Refugee statute. Residence

Updates as of 22.03.2022:

Ukrainian citizens fleeing their homeland due to the ongoing crisis are welcome to Romania, where they will receive protection and necessary support. During their stay in Romania, accommodation, food and medical services are accessible for Ukrainians seeking safety from the ongoing military invasion, as a result of a combined effort of the authorities and unrivalled mobilization of private entities and the civil society.

For those who envisage a longer stay in the country, Romania has opened its legal framework to provide a customized response to matters of primary interest such as documentation, asylum, healthcare, working and residence.

In turn, the European Union has activated the temporary protection mechanism for an initial period of one year applicable to Ukrainian citizens and their family members and also to third countries nationals, under certain conditions.

The information below may be subject to further changes as the events unfold and the Romanian authorities and the European bodies are striving to address to the largest extent possible an un precedented wide range of specific needs.

1. Border crossing. Protection regime

Quarantine

There is no quarantine requirement, being repealed as of March 8, 2022.

Options available

Under the current exceptional circumstances of humanitarian crisis affecting Ukraine, entry in Romania is possible based on documentation such as passport (biometric/simple) or, as case may be, in absence of any identification documents, based on declared identity. However, Ukrainian nationals without passports or any other identity documents can only enter Romanian territory after they have accessed one of the international protection measures (asylum, temporary protection).

Beneficiaries of temporary protection can apply for asylum at any time. It must be mentioned that temporary protection is not granted concurrently with asylum applicant status. Where a person eligible for temporary protection is denied refugee status or subsidiary protection, that person shall be granted or, as the case may be, continue to be granted temporary protection until the expiry of the period for which that form of protection has been granted.

Those who do not fall under temporary protection regime should follow the general rules for crossing the border in Romania.

Minors

All minors coming from Ukraine in the current context are accepted in Romania. Minors do not need written approval from either of their parents (whether or not accompanying him/her), in order to cross the Romanian border.

It is recommended that minors entering Romania or the persons that accompany them, as the case may be, present for verification at least an identity card of the minor or a birth certificate, although entry into Romania is accepted in absence thereof.

A Task Force for Unaccompanied Minors is set up at the level of each county and, where appropriate, at the level of each sector of the municipality of Bucharest, with the role of quickly identifying the most appropriate measure for the protection of the unaccompanied minors.

Persons with disabilities and elderly persons with reduced mobility or in a situation of dependency

Adults with disabilities and elderly persons with reduced mobility or in a situation of dependency, who come from the area of armed conflict in Ukraine entering Romania and do not have valid identity documents, are referred to the General Inspectorate for Immigration in order to establish their legal status, while being taken in charge, upon request, by the public social assistance service at county or local level.

Temporary protection and corresponding rights

Temporary protection represents a mechanism to deal with mass arrivals in the EU of foreign nationals who are unable to return to their countries – particularly because of war, violence or human rights violations.

The European Union has activated the temporary protection mechanism for an initial period of one year, granting immediate temporary protection to Ukrainian citizens, their families and to other third country nationals, under certain conditions.

Throughout the duration of temporary protection, beneficiaries of this form of protection enjoy a wide variety of rights, including the following:

to be issued with a document granting them permission to remain on the territory of Romania – particularly, beneficiaries of temporary protection shall be issued a residence permit and allocated a personal numeric code;
to be informed in writing, in a language they are presumed to understand, of the provisions relating to temporary protection;
to be employed by natural or legal persons, to engage in self-employed activities, subject to the rules applicable to the profession, or in activities such as educational opportunities for adults, vocational training and practical work experience, in accordance with the law;
to receive, on request, maintenance support, if they lack the financial means;
to receive medical assistance, under the conditions provided by law.

The category of beneficiaries of temporary protection includes:

the following categories of persons displaced from Ukraine on or after 24 February 2022, as a result of the military invasion by Russian armed forces that began on that date:

(a) Ukrainian nationals residing in Ukraine before 24 February 2022;

(b) 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; and

Note: the following persons shall be considered to be part of a family, in so far as the family was already present and residing in Ukraine before 24 February 2022: the spouse; the minor unmarried children of a person referred to above or of his or her spouse, without distinction as to whether they were born in or out wedlock or adopted; other close relatives who lived together as part of the family unit at the time of the circumstances surrounding the mass influx of displaced persons, and who were wholly or mainly dependent on a person referred to above at the time.

stateless persons, and nationals of third countries other than Ukraine, who can prove that they were legally residing in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law, and who are unable to return in safe and durable conditions to their country or region of origin;
Ukrainian citizens on the territory of Romania before 24 February 2022 who are unable to return in safe and durable conditions to their country or region of origin.

The General Inspectorate for Immigration issues for free the residence permits and assigns the beneficiaries with a personal numeric code.

In the process described above, the beneficiaries have their facial image taken and the following data recorded in the specific informatic system, under the conditions applicable as per the law: a) surname and first name; b) date of birth; c) nationality; d) sex; e) marital status; f) family status; g) family ties; (h) address in Romania, if known.

In addition, the beneficiaries of temporary protection may request to undergo the family reunification procedure, for the cases where families were separated due to the specific circumstances taking place Ukraine.

From a practical perspective, it is important to mention that temporary protection is granted automatically and the competent authorities have already started to take action in this respect.

It must also be mentioned that minors in special situations who come from the area of armed conflict in Ukraine and entered the territory of Romania under the temporary protection regime benefit from the following rights in the field of education:

the right to education in educational establishments in Romania under the same conditions and with funding from the same budgets as for Romanian pre-primary, pre-school and school-level children;
the right to free accommodation in boarding schools, food allowance, the right to bedding, school supplies, clothing, shoes, textbooks.

Asylum application procedure and corresponding rights

Under Romanian law, foreign nationals or stateless persons already in Romania or at the border are granted access to the asylum procedure from the moment they express their will in writing or orally. Ukrainians who request asylum at the Romanian border may enter the country in absence of identification documents.

Applicants who are either on Romanian territory or at the borders thereof submit the specific application form, comprising personal identification data and being subject to a collecting fingerprints and photography procedure. Fingerprinting procedure necessary for asylum application is not performed in case of foreigners who are younger than 14 years old.

Under the asylum procedure, unaccompanied minors will be received on Romanian territory and a legal representative will be appointed to support him/her in the process. Application of an asylum-seeking minor is analyzed and solved with priority.

The asylum seeker is obliged to submit all the documents available to him/her and relevant to his/her personal situation, including the passport, if any. In furtherance of the asylum application procedure, they will receive a temporary identity document for asylum seekers issued by the General Inspectorate for Immigration.

Other obligations of asylum seekers include: (i) the obligation to present real and accurate information to the competent authorities; (ii) obligation not to leave the local area of residence in absence of an authorization in this regard from the immigration structure, issued in furtherance of an individual, objective and impartial analysis thereof; (iii) obligation to comply with Romanian legislation, as well as with the specific measures imposed by the Romanian authorities competent on asylum matters.

Asylum applicants have the right to remain on the territory of Romania until the asylum procedure is completed and are protected against expulsion, extradition and forced return from the border or from the territory of the Romanian state.

The statute of refugee is granted for an undetermined period. However, if the asylum seeker returns to Ukraine, it is considered that he/she has voluntarily returned under the protection of the authorities of the country of origin and, from this moment, the assistance provided by the Romanian State will cease.

Other rights of asylum seekers include:

the right to be assisted by a lawyer at any stage of the asylum procedure;
the right to be issued with a temporary identity document, under the conditions of the law, the validity of which will be extended periodically;
the right of an asylum seeker who does not have means of subsistence to benefit, on request, throughout the asylum procedure and for a period of 15 days following the finalization thereof, of monetary support which guarantees subsistence and protect his/her physical and mental health, the corresponding amounts being determined by the Government;
the right of access to the labor market, under certain conditions and, as case may be, the right to benefit from employment incentives and protection under the unemployment insurance system, under the terms provided by law for Romanian citizens;
the right to accommodation in specially-designated units according to the law;
the right to receive medical assistance, under the conditions provided by law.
the right to access pre-primary, pre-school and school-level compulsory education under the same conditions as Romanian citizens for minor asylum seekers.

In what concerns work, as a general rule, during the asylum procedure, the foreigner applying for a form of protection has the right to access to the labor market under the conditions provided by law for Romanian citizens, after the expiry of a period of 3 months from the date of submission of the asylum application, if a decision has not been taken on his/her application during the administrative phase of the procedure and the delay cannot be attributed to him/her, as well as during the asylum procedure during the judicial phase.

It must be noted that recognition of refugee status or the granting of subsidiary protection entitles the beneficiary to be employed, to exercise free professions and to perform self-employed economic activities, under the same conditions as Romanian citizens.

2. Medium and long-term residence in Romania

Generally, the residence conditions in Romania apply as per the legal framework regulating the foreign citizens’ rights. As such:

Ukrainians entering in Romania based on a biometric passport have the right to remain in the country for 90 days during any 180-day period, in absence of any further immigration formalities being required.
Ukrainians entering in Romania based on a simple passport accompanied by a visa have the right to reside in Romania depending on the type of visa but, in any case, for a maximum period of 90 days within the six months validity term of the visa sticker.

Note: In order to extend the right to stay on the Romanian territory beyond 90 days, Ukrainians would have to apply for one of the alternatives for extending their residence right, as provided by the Romanian law. However, it is to be noted that currently Ukrainian nationals are exempt from work permit and long-stay work visa requirement.

Residence permits justify longer stays and, depending on the purpose of the permit, the statutory periods vary between 1 year (e.g. for work purposes) and even up to 5 years or 10 years, as case may be, subject to the special legal requirements in this

Note: Generally, beneficiaries of temporary protection mechanism will be granted residence permits for this special purpose, for the duration of the mechanism itself.

3. Working in Romania

Ukrainian citizens from the armed conflict zone of Ukraine who have legally entered the territory of Romania enjoy the following benefits, without requiring a form of protection being granted beforehand:

they may be hired without the employer obtaining a work permit or the Ukrainian obtaining a long-stay visa for employment purposes (however, an application for a residency permit will be needed);
if they do not have documents proving professional qualifications or work experience necessary for employment, they may be employed for a period of 12 months with the possibility of extension for periods of 6 months, for a maximum of one year, on the basis of a declaration on their own responsibility that they meet the conditions of professional qualification and work experience required for the job they are to be employed in and have no criminal record rendering them incompatible with the activity they perform or are to perform in Romania, based on a hiring procedure approved by the competent ministry – these provisions shall not be applicable to individuals who wish to take up or pursue in Romania, independently or as an employee, professions such as that of doctor, dentist, pharmacist, general medical assistant, veterinary surgeon and architect ;
they shall have access to the unemployment insurance system, to unemployment prevention measures and to measures for the stimulation of employment, granted following registration at the county employment agencies, respectively of the Bucharest municipality, under the conditions established for Romanian citizens.

4. Medical assistance

Special rules have been established in the current humanitarian context. As such, persons coming from the area of armed conflict in Ukraine and enter Romania, who do not apply for a form of protection under asylum legislation, whether or not they are eligible for the temporary protection mechanism, benefit, within the temporary camps for accommodation and humanitarian assistance or in other accommodation locations established by the county/municipal committees for emergency situations, from the provision of the following essential utilities during the temporary stay:

to receive free medical assistance and appropriate treatment through the national system of emergency medical assistance and qualified first aid, as well as
the right to be included in the national public health programmes.

If the persons above require medical services, health materials, medicines and medical devices, other than those provided for above, they have the right to benefit from the basic package of services provided for in the framework contract on the conditions for the provision of health care, medicines and medical devices under the social health insurance system and its implementing rules, as well as medicines, medical materials, medical devices and medical services included in the national curative health programmes, as Romanian insured persons, without payment of social health insurance contribution, personal contribution for medicines provided in outpatient treatment and with exemption from co-payment. Foreign citizens or stateless persons in special situations who come from the area of armed conflict in Ukraine entering Romania and seek international protection in the country shall also enjoy this right.

5. Useful resources

Official website of the Romania Government, general hubs:

https://www.gov.ro/ro/ucraina-impreuna-ajutam-mai-mult
https://dopomoha.ro/ro (developed by Code for Romania NGO)

Official website of the Ministry of Internal Affaires, General Directorate for Immigration:

Brochure for Ukrainian citizens in Romania: https://igi.mai.gov.ro/en/brochure-ukraine/
Asylum application form: https://igi.mai.gov.ro/depunere-cerere-de-azil/

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5.03.2022. A guide for Ukrainian citizens in Romania

Ukrainian citizens fleeing their homeland due to the ongoing crisis are welcome to Romania, where they will receive protection and necessary support. During their stay in Romania, accommodation, food and medical services are accessible for Ukrainians seeking safety from the ongoing military invasion, as a result of a combined effort of the authorities and unrivalled mobilization of private entities and the civil society.

In seeking protection from the Romanian state, Ukrainian citizens can apply for asylum before the competent authorities.

For those who envisage a longer stay in Romania, matters of primary interest such as residence and working are covered under the considerations below, while some measures aimed at facilitating formalities are currently under development and will be included herein as updates when approved.

1. Border crossing. Refugee statute

Quarantine

Upon entry on Romanian territory, Ukrainian citizens are expressly exempted from quarantine, regardless of whether they come to Romania directly from Ukraine or transit through the Republic of Moldova.

Necessary documentation. Options available

Based on specific identification documents, among other:

Biometric passport: this allows entry into Romania, without a visa, for a maximum of 90 days during any 180-day period;
Diplomatic, service/official passports issued by Ukraine: allowing travel without visas to Romania for a maximum period of 90 days during any 180-day period;
National passport (simple, non-biometric) accompanied by:
a valid short-stay multiple entry Romanian visa: allowing travel to Romania for a maximum period of 90 days within the six months validity term of the visa sticker;

a valid visa with two or multiple entries short stay or long stay / a valid residence permit issued by a Schengen Member State, for the purpose of transit or for a period of 90 days during any 180-day period;

long-term resident’s EC residence permit (the validity of which is of 5 years or more) issued by a member state of the European Union;

a valid visa with two or multiple entries short stay or long stay / a residence permit issued by Bulgaria, Cyprus or Croatia;

a small traffic border traffic permit / a residence permit issued by the Romanian authorities, compliant with the validity requirements and right of residence established by the respective documents;

a transit visa, for a period not exceeding 5 days, longer stays requiring the obtaining of subsequent documentation.

Note: If the security situation does not allow re-entry / return to Ukraine before the expiry of the period for which entry and stay on Romanian territory has been allowed (based on specific documentation mentioned above), Ukrainian citizens are obliged to present themselves to the nearest territorial immigration structure.

Without specific identification documents

Under the current exceptional circumstances of humanitarian crisis affecting Ukraine, entry in Romania is possible based on documentation other than mentioned above or, as case may be, in absence of any identification documents, provided that the respective Ukrainian citizens apply for asylum at the Romanian frontier points.

As such, if Ukrainians apply for asylum in Romania, they may enter Romania: (i) based on another type of identity document (national identity document, birth certificate, etc.) OR (ii) based on declared identity, without an identity document, for humanitarian reasons.

Minors

All minors coming from Ukraine in the current context are accepted in Romania. Minors do not need written approval from either of their parents (accompanying him/her or not), in order to cross the Romanian border.

It is recommended that minors entering Romania or the persons that accompany them, as case may be, have at least an identity card of the minor or a birth certificate, although entry into Romania is accepted in absence thereof, under the asylum procedure.

Asylum application procedure and corresponding rights

Under Romanian law, foreign nationals or stateless persons are granted access to the asylum procedure from the moment they express their will in writing or orally.

Ukrainian citizens who carry a valid passport accompanied by a visa, under the conditions of the law / by the small border traffic permit may apply for asylum either immediately or at any later point during their stay. The Ukrainians who request asylum at the Romanian border may enter the country in absence of identification documents.

Under the asylum procedure, unaccompanied minors will be received on Romanian territory and a legal representative will be appointed to support him/her in the process. Application of an asylum-seeking minor is analyzed and solved with priority.

Other obligations of asylum seekers include:

(i) the obligation to present real and accurate information to the competent authorities;

(ii) obligation not to leave the local area of residence in absence of an authorization in this regard from the immigration structure, issued in furtherance of an individual, objective and impartial analysis thereof;

(iii) obligation to comply with Romanian legislation, as well as with the specific measures imposed by the Romanian authorities competent on asylum matters.

Other rights of asylum seekers include:

(i) the right to be assisted by a lawyer at any stage of the asylum procedure;

(ii) the right of an asylum seeker who does not have means of subsistence to benefit, on request, throughout the asylum procedure and for a period of 15 days following the finalization thereof, of monetary support which guarantees subsistence and protect his/her physical and mental health, the corresponding amounts being determined by the Government;

(iii) the right of access to the labour market, under certain conditions and, as case may be, the right to benefit from employment incentives and protection under the unemployment insurance system, under the terms provided by law for Romanian citizens;

(iv) accommodation in specially-designated units according to the law.

Among other benefits and protections, minor asylum seekers have the right to access pre-primary, pre-school and school-level compulsory education under the same conditions as Romanian citizens.

2. Medium and long-term residence in Romania

Currently, the residence conditions in Romania apply as per the legal framework regulating the foreign citizens’ rights. As such:

Ukrainians entering in Romania based on a biometric passport have the right to remain in the country for 90 days during any 180-day period, in absence of any further immigration formalities being required.
Ukrainians entering in Romania based on a simple passport accompanied by a visa have the right to reside in Romania depending on the type of visa but, in any case, for a maximum period of 90 days within the six months validity term of the visa sticker.

Note: In order to extend the right to stay on the Romanian territory beyond 90 days, Ukrainians would have to apply for one of the alternatives for extending their residence right, as provided by the Romanian law.

Residence permits justify longer stays and, depending on the purpose of the permit, the statutory periods vary between 1 year (e.g. for work purposes) and even up to 5 years or 10 years, as case may be, subject to the special legal requirements in this regard.

3. Working in Romania

Ukrainian citizens may obtain a job in Romania in the following situations and subject to the corresponding conditions being met:

Holders of a long-stay visa granted for employment purposes who have entered Romanian territory based on this document may be employed by means of an individual full time employment contract concluded for a fixed period of 9 consecutive months in a calendar year, exempted from the requirement for a work permit issued to the local employer. Nevertheless, a residence permit issued by the General Inspectorate for Immigration based on the long-stay visa will be required.
After the period of 9 months referenced above, while the residence permit is still valid, Ukrainian citizens who wish to have a longer residence in Romania may benefit from the extension of the right of temporary residence for work purposes, provided that a pre-requisite work permit is obtained under the requirement of a labor market test either by the same employer for the extension of the existing 9 months employment contract or by a different employer, with the conclusion of a new full-time employment contract. In these cases, a new long stay visa will no longer be required. Other related conditions in the context of obtaining the status of “permanent worker” include, among other, the circulation with the competent authorities of the individual full-time employment contract, accordingly registered in the General Registry of Employees, which shows that the salary is at least at the level of the minimum gross base salary at national level.
Foreigners applying for a form of international protection (e.g. asylum) have the right to work under the same conditions as Romanian citizens, 3 months after the application is submitted, for the duration of the asylum procedure.

4. Medical assistance

Romania provides the following main health care services to citizens of Ukraine:

Free medical assistance and care services similar to those provided to Romanian citizens, for a period of 90 days, if the entry into Romania meets the legal conditions, i.e. on the basis of the biometric passport.
Ukrainian citizens who have a legal right of residence in Romania (but do not benefit from a form of international protection) will benefit from the above-mentioned services upon payment of health contributions for work-related income or from the date they submit a declaration for payment of social security contributions.
Primary health care and treatment, emergency hospital care, as well as medical care and treatment, granted free of charge in cases of acute or chronic life-threatening diseases, for citizens applying for asylum in Romania.
Free medical assistance and care services for Ukrainian citizens who are beneficiaries of a form of international protection (e.g. asylum), who become insured under the social health insurance system.

5. Upcoming measures and developments

European and Romanian authorities are currently discussing the adequate measures for facilitation of Ukrainian citizens’ protection, mobility & residence rights, as well as access to the employment market.

For example, EU-level measures have been announced, providing temporary protection to the hundreds of thousands of refugees streaming in to escape Russia’s actions in Ukraine. As such, triggering the mechanisms of the Temporary Protection Directive allows for concrete protection in favor of Ukrainians and Ukraine residents, as well as their family members, who have been displaced from Ukraine by the current conflict.

Internally, there are a series of legal proposals set to advance following the legislative procedure, including measures in the field of social protection, facilitating and accelerating certain immigration formalities, granting certain means of state support for employment of Ukrainian asylum applicants etc. Further special provisions are expected to be proposed and adopted by the competent authorities, depending on the evolution of the current context.

6. Useful resources

Official website of the Romania Government:

General hub: https://www.gov.ro/ro/ucraina-impreuna-ajutam-mai-mult

Form designed to collect humanitarian aid requests/offers: https://docs.google.com/forms/d/e/1FAIpQLSeyirIDJ2dD-SMm8wPLRxLTdagDQoCxVY-QBn1uE2t7GUZnjQ/viewform

Official website of the Ministry of Internal Affaires, General Directorate for Immigration:

Brochure for Ukrainian citizens in Romania: https://igi.mai.gov.ro/en/brochure-ukraine/

Asylum application form: https://igi.mai.gov.ro/depunere-cerere-de-azil/

For more information, please contact your regular contact person at NNDKP or Roxana Abrasu, Teodore Gogu

Also, please check back regularly for updates, as the situation is under constant adjustment, including due to the fact that the Romanian authorities are still working to increase the efficiency of the immigration procedures and to accommodate a large variety of personal circumstances.

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