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Law No. 357 Of 11 July 2003 Approving Government Emergency Ordinance Nr. 194/2002 Regarding Aliens In Romania

Original Language Title:  LEGE nr. 357 din 11 iulie 2003 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 194/2002 privind regimul străinilor în România

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LEGE no. 357 357 of 11 July 2003 for approval Government Emergency Ordinance no. 194/2002 on the foreign regime in Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 537 537 of 25 July 2003



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 194 194 of 12 December 2002 on the regime of foreigners in Romania, published in the Official Gazette of Romania, Part I, no. 955 of 27 December 2002, with the following amendments and additions: 1. In Article 5, letter a) shall read as follows: "a) the number of work permits that may be issued to foreigners for employment, established in accordance with the provisions of the legislation on work permits;" 2. in Article 5, the letter c ^ 1 is inserted after point c) with the following contents: " c ^ 1) the amount of the amounts representing the appropriate means both for the maintenance during the stay and for the return to the country of origin or for transit to another state, provided for in art. 6 6 para. ((1) lit. c); " 3. Article 6 (1) shall be inserted after paragraph 1 with the following contents: "" (1 ^ 1) Citizens of the Member States of the European Union and of the European Economic Area may be allowed to enter the territory of Romania without fulfilling the conditions provided in par. ((1) lit. c) and d). " 4. In Article 6, paragraphs 2 and 3 shall read as follows: " (2) Foreigners who are stationed in the international transit zones of airports, in transit zones at the state border or in accommodation centres which have the transit zone regime or on ships or boats anchored in seaports and The provisions of this emergency ordinance regarding the conditions of entry and residence of foreigners on the territory of Romania shall not apply to the river. (3) The entry of foreigners on the territory of Romania can be made by any crossing point of the state border open to international human trafficking. " 5. In Article 8 (2), letter c) shall read as follows: "c) have previously violated, unjustifiably, the purpose declared when obtaining the visa or, as the case may be, upon entering the territory of Romania;" 6. In Article 8, paragraph 4 shall read as follows: "(4) The measure not allowing entry into Romania shall be motivated by the border police bodies and shall be communicated immediately to the person concerned and to the Consular Relations Department of the Ministry of Foreign Affairs." 7. In Article 9, paragraph 2 shall read as follows: " (2) If the foreign crossing point of the state border is immediately left by the foreigner referred to in par. (1) is not possible, the organs of the border police may take the measure of its accommodation in a space or place arranged for this purpose in the transit area, provided by the administrator of the border crossing point, until the end of the reasons which make it impossible to leave, but not more than 24 hours from the date of accommodation. " 8. Article 13 (1), point e) shall be repealed. 9. In Article 20, letter b) shall read as follows: " b) the transit visa, identified by symbol B or symbol B/CL, when it is a collective visa; ' 10. In Article 20 (c), point (ii) shall read as follows: "(ii) tourism, identified by the symbol C/TU or CL/TU, when it is a collective visa;" 11. in Article 20 (d), after point (viii) the point (viii ^ 1) is inserted as follows: "(viii ^ 1) diplomatic visa and service visa, identified by the symbol DS;" 12. in Article 20, points e) and f) shall be repealed. 13. In Article 23 (3), the letter d) shall read as follows: " d) business-for the foreigner who intends to travel to Romania for economic or commercial purposes, for contracts or talks, for the learning or verification of the use and operation of the goods purchased or sold within the commercial and industrial cooperation contracts, as well as for the foreigner who is or is to become an associate or shareholder of a company in Romania; " 14. In Article 24 (1), letter c) shall read as follows: "c) the conduct of commercial activities-to foreigners who are or are to become shareholders or associates with powers of management and administration of companies in Romania;" 15. in Article 30, paragraph 1 shall be inserted after paragraph 1 with the following contents: " (1 ^ 1) Romania's diplomatic missions and consular offices abroad may grant a short stay visa, without prior approval of the Ministry of Foreign Affairs, foreigners who do not need a visa to enter the territories of the states members of the European Union. " 16. In Article 30, paragraph 2 shall read as follows: " (2) In order to approve the granting of the short-stay visa for foreigners from the states included in the list provided for in art. 36 36 para. (2), as well as the long-stay visa, the Consular Relations Department of the Ministry of Foreign Affairs requests, except in the cases provided for in art. 40 40 para. (2), the opinion of the Foreign Authority, stating whether the conditions laid down in art. 27 27 para. ((2) lit. a) and b). The opinion of the Foreign Authority shall be issued within 30 days of receipt of the request of the Consular Relations Directorate. " 17. In Article 32, paragraph 4 shall read as follows: " (4) The decision to cancel or, as the case may be, to revoke the visa shall be communicated to the foreigner, in writing, together with the reasons behind it, by the diplomatic mission or consular office which granted the visa, when the applicant is in abroad, by the border police bodies, when it is at the crossing point of the state border, and by the Foreign Authority, through the provision of leaving the territory provided for in art. 80, when the one in question is in Romania. From the date of communication, the cancellation shall produce retroactive effects and the revocation shall only take effect for the future. 18. in Article 35 (1) (d), point (iii) shall be repealed. 19. In Article 40 (1), letter b) shall read as follows: "b) the spouse and parents of the foreigner who are in possession of a residence permit in Romania, provided that it is valid for at least 90 days from the date of granting of the entry visa;" 20. in Article 40 (1), point c shall be inserted as follows: "c) the foreigner whose parent is a Romanian citizen." 21. In Article 43 (2), letter b) shall read as follows: "b) have the funds necessary to carry out the activity, amounting to at least 70,000 euros, if they are to become shareholders, and 50,000 euros, if they are to become associates in a limited liability company;" 22. Article 44 (1) shall be repealed. 23. In Article 44, paragraphs 2 and 5 shall read as follows: " (2) The long-stay visa for employment shall be granted to foreigners on the basis of the opinion of the Office for the Migration of the Labour Force and the Foreign Authority. ............................................................. (5) The long-stay visa for employment is also issued to foreigners cross-border workers in Romania. " 24. In Article 45 (2), letter c) shall read as follows: " c) proof of means of maintenance, in the amount of 250 euros monthly, for the entire period stated in the visa, except for the Romanian state scholars, of foreigners with an ascendant who had or has Romanian citizenship and of situations when, on the basis of reciprocity, has been established otherwise; " 25. In Article 47, letter b) shall read as follows: "b) proof of the quality of representative of a legal religious organization established in Romania or of a humanitarian organization;" 26. Article 49 shall read as follows: "" ARTICLE 49 Long-stay visa for foreigners married to Romanian citizens The visa can be granted to foreigners married to Romanian citizens, provided that there is no one of the situations of non-permitting the entry provided in art. 8, and the marriage not to be of convenience, found under the conditions provided in art. 64 64. " 27. In Article 50, paragraph 1 and letter f) of paragraph 2 shall read as follows: " (1) Foreigners who entered Romania on the basis of a long-stay visa, as well as those who are exempted from the obligation to obtain the long-stay visa may be extended the right of temporary stay by the Foreign or of its territorial formations, under the conditions laid down in this Section. ............................................................ f) proves the legal possession of the living space; " 28. Article 50 (2), after letter f), insert letter f ^ 1) with the following contents: " f ^ 1) provides proof of medical insurance throughout the period for which it requests the extension of the right of temporary residence; 29. Article 52 shall read as follows: "" ARTICLE 52 Refusal to extend the right of temporary residence in Romania (1) If at the time of application the general conditions and the special conditions according to the purpose of the stay, provided for in this section, the foreigner is refused the extension of the right of temporary residence. (2) The decision to refuse to extend the right of residence, as well as the reasons behind it, shall be communicated to the applicant by the provision of leaving the territory of Romania provided for in art. 80 80. " 30. Article 53 (1), point (f) shall be repealed. 31. Article 54 (c) shall be repealed. 32. In Article 55 (1), the letter d) shall read as follows: "" d) provide proof of the means of maintenance in the amount of at least 700 euros monthly, if it is a shareholder, and 500 euros monthly, if associated, and of the funds necessary for the operation of the company, in accordance with the object of activity and business plan. " 33. Article 55 (2) (c) shall be repealed. 34. In Article 55 (2) (d), points (iv) and (v) shall read as follows: " (iv) documents showing that the investment is materialized in capital contribution or technology transfer, amounting to at least 70,000 euros or the creation of 15 jobs, in the case of the shareholder, and 50,000 euros or the creation of at least 10 employment, in the case of the associate; (v) documents proving personal income in the amount of at least 700 euros monthly, in the case of the shareholder, and 500 euros monthly, in the case of the associate, obtained from the activity carried out on the territory of Romania. " 35. In Article 55, paragraph 4 shall read as follows: " (4) For the purpose of proving the fulfilment of the financial conditions provided for in this Article, the Ministry of Public Finance shall issue, at the request of foreigners, certificates containing particulars relating to: turnover, total investments, account profit and loss, dividends calculated and paid to associates or reinvested according to the data in the financial statements. " 36. In Article 56, paragraphs 1 and 2 shall read as follows: " (1) Aliens entering Romania for employment purposes are extended the right of temporary stay, if: a) presents the valid work permit, issued by the Office for the Migration of the Labour Force; b) presents the individual employment contract concerned by the territorial labour inspectorate in whose radius the employer is based; c) the salary entered in the individual employment contract is at least at the level of the average salary on economy ((. The right of temporary residence shall be extended for a period not exceeding 30 days longer than that for which the work permit has been granted. " 37. in Article 56, after paragraph 3, paragraph 4 is inserted as follows: " (4) Foreigners who may be employed in natural or legal persons in Romania, without a work permit, under the law, may be extended the right of residence, without fulfilling the condition provided in par. ((1) lit. a). " 38. Article 58 (1) shall be inserted after paragraph 1 with the following contents: " (1 ^ 1) The stranger with an ascending who had or has Romanian citizenship may extend the right of temporary residence for studies, without fulfilling the condition provided in par. ((1) lit. c). " 39. In Article 63 (1), the letter a) shall read as follows: "" a) present translated and legalized documents showing the existence of marriage or kinship; " 40. in Article 67, after paragraph 1, paragraphs 2 and 3 shall be inserted as follows: " (2) Foreigners applying for the extension of the right of residence for humanitarian activities must not provide proof of means of maintenance. (3) Foreigners who request the extension of the right of residence for religious activities must provide proof of holding the means of maintenance, at least at the level of the average monthly salary on the economy. " 41. In Article 68, paragraphs 3 and 4 shall read as follows: " (3) At the request of extension of the right of temporary residence, foreigners referred to in par. ((1) lit. b) and c) must provide proof of means of maintenance, at least at the level of the average monthly salary on the economy. (4) Foreigners referred to in par. ((1) lit. a) and d) are exempted from the obligation to present proof of the means of maintenance. " 42. In Article 71 (1), the introductory part of letter b) and letter c) shall read as follows: "" b) demonstrate that they have means of maintenance: ............................................................ c) prove the legal possession of the living space; " 43. In Article 71, paragraph 3 shall read as follows: " (3) Aliens of Romanian origin or born in Romania, foreigners who have reached the age of 60 years, as well as those whose stay is in the interest of the Romanian state may be approved the establishment of domicile without fulfilling the conditions provided for in par. ((1). ' 44. In Article 85, paragraph 1 shall read as follows: " (1) The declaration order that undesirable may be appealed by the foreigner against whom it was ordered, within 5 working days from the date of communication, to the Bucharest Court of Appeal. The court shall rule within 3 days from the date of receipt of the application. The judgment is final and irrevocable. " 45. In Article 93, paragraph 5 shall read as follows: " (5) Extension of the duration of public custody of foreigners referred to in par. ((2) and (4), which could not be removed from the territory of Romania within 30 days, shall be ordered by the court of appeal in whose area of territorial competence is the place of accommodation, at the reasoned request of the Authority for foreigners. " 46. in Article 93, after paragraph 6, paragraph 6 is inserted, and paragraph 7 is amended and shall read as follows: " (6 ^ 1) If, after taking into public custody of a foreigner, one of the cases provided for in art. 89 89 para. (1) or it has made an application for the granting of a form of protection, the measure of taking into public custody shall cease from law, unless, for reasons of national security or public order, it is necessary to remove it from on Romanian territory. (7) The foreigners against whom the return measure was ordered can submit, within 5 days, a complaint against the measure of taking into public custody, ordered by the prosecutor under the conditions provided in par. (2), at the Bucharest Court of Appeal, which is obliged to solve it within 3 days from the date of receipt. The introduction of the complaint does not suspend the execution of the measure of The court's ruling is final and irrevocable. " 47. in Article 93, after paragraph 8, paragraph 9 is inserted as follows: " (9) In the case provided in par. (3), if the court that handed down the criminal decision did not order the taking into public custody, the Foreign Authority may request the Bucharest Court of Appeal to take into public custody the foreigner to be expelled. The court shall settle the application within 3 days from the date of its receipt. The court's ruling is final and irrevocable. " 48. In Article 101, paragraph 2 shall read as follows: " (2) The measure of prohibition of entry into Romania provided in par. (1) shall also be ordered against persons referred to in art. 8 8 para. ((1) lit. b)-d). " 49. In Article 105, paragraph 1 shall read as follows: "(1) The validity of the temporary residence permit is limited to the period for which it was granted or, as the case may be, extended the right of temporary residence in Romania." 50. Article 124 shall read as follows: "" ARTICLE 124 Contraventions The following facts are considered contraventions: 1. non-compliance by the carrier with the prohibitions provided in art. 7 7 para. ((1); 2. non-compliance with the foreign obligation to leave the territory of Romania after the date on which the right of stay in Romania provided for in art 11 11 para. ((1); 3. failure to fulfill the obligation of the foreigner to announce his stay at the territorial competent police body, within the 10-day period provided for in art. 12 12 para. ((1); 4. failure to declare the information provided in art. 13 13 para. ((1) and (2), within the deadlines provided for in art. 13 13 para. ((3); 5. allowing the exit from the country of foreigners who are in one of the situations of not allowing the exit provided for in art. 15 15 para. ((1); 6. non-compliance with the deadline for submitting the application for the extension of the right of temporary residence, provided in 51 51 para. ((1); 7. non-compliance by the employer with the obligation to communicate the nominal situation, provided in art. 57 57 para. ((2); 8. non-submission of the foreigner to the territorial formation of the Authority for foreigners within the 30-day period provided for in art. 73 73 para. ((4); 9. non-compliance with the obligation to the foreigner regarding the residence permit, provided in art. 104 104 para. ((2); 10. non-compliance with the deadline for submitting the application for renewal of the residence permit, provided in art. 106 106 para. ((2); 11. non-compliance with the term of declaration of theft, loss, damage or destruction of the residence permit, provided in art. 108 108 para. ((1); 12. non-compliance with the term of declaration of theft, loss, damage or destruction of the passport for the person without citizenship, provided in art. 116 116 para. ((1); 13. retention of the document crossing the state border of a foreigner or residence permit by unauthorized persons; 14. facilitating, in any form, the illegal stay of foreigners on the territory of Romania. " 51. Article 125 shall read as follows: "" ARTICLE 125 Sanctions The contraventions provided in art. 124 124 shall be sanctioned as follows: a) with a fine from 1.000.000 lei to 5.000.000 lei those provided for in item 3 3, 4, 6, 8, 9, 10, 11 and 12; b) with a fine from 5,000,000 lei to 10,000,000 lei those provided for in item 5 5; c) with a fine from 20,000,000 lei to 30,000,000 lei those provided for in item 7 7, 13 and 14; d) with a fine of 50,000,000 lei to 150,000,000 lei that provided in item 1 1; e) in the case of the contravention provided in 2 2, the fine shall apply as follows: (i) from 4,000,000 lei to 7,000,000 lei, in case of a stay of up to 30 days after the end of the right of residence; (ii) from 6.000.000 lei to 10,000,000 lei, in case of a stay of up to 60 days after the end of the right of residence; (iii) from 8,000,000 lei to 12,000,000 lei, in case of a stay of more than 60 days after the end of the right of residence. " 52. In Article 131, after paragraph 2, paragraphs 2 ^ 1 and 2 ^ 2 shall be inserted as follows: " (2 ^ 1) The staff of the Foreign Authority is made up of police officers, civil servants and contract staff. (2 ^ 2) In the exercise of their duties, the police officers of the Foreign Authority are empowered: a) carry out prior acts in order to collect the data necessary for the start of the criminal investigation, when he finds the commission of crimes in connection with the regime of b) to detect and lead to the headquarters of territorial formations on foreigners who violate the legal provisions on the regime of foreigners in Romania or those whose identity cannot be established, to verify and take legal measures in no more than 24 hours after detection; c) organize and carry out, under the law, controls in the environments and places frequented by foreigners, in public or private institutions, as well as in the premises of economic agents, regardless of owner or holder, when there is data or indications regarding the existence in these places or environments of foreigners who do not comply with the legal provisions regarding the regime of foreigners in Romania; d) to use the means of public transport and the means of railway transport, during the service, for the execution of missions that cannot be fulfilled otherwise. " 53. In Article 134, paragraph 2 shall read as follows: " (2) The Government may establish, by decision, the exemption of foreigners, citizens of certain states for which there is no obligation to obtain the entry visa in Romania, from the fulfilment of the condition provided in art. 6 6 para. ((1) lit. c), as well as conditions for the extension of the right of residence provided for by this emergency ordinance. " + Article II On the date of entry into force of this Law, the provisions art. 16 16 para. (2)-(4) of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. + Article III Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, published in the Official Gazette of Romania, Part I, no. 955 of December 27, 2002, with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was passed by the Senate at the meeting of June 26, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at its meeting on June 26, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, July 11, 2003. No. 357. -------------