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Law No. 376 Of 19 December 2013 Amending And Supplementing Certain Enactments Of Migration And Asylum

Original Language Title:  LEGE nr. 376 din 19 decembrie 2013 pentru modificarea şi completarea unor acte normative din domeniul migraţiei şi azilului

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LEGE no. 376 376 of 19 December 2013 amending and supplementing certain normative acts in the field of migration and asylum
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 826 826 of 23 December 2013



The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished in the Official Gazette of Romania, Part I, no. 421 of 5 June 2008, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 2, after letter i ^ 1) a new letter, letter i ^ 2) is inserted, with the following contents: "" i ^ 2) international protection-refugee status or subsidiary protection status; ' 2. In Article 70, the title of the article and paragraphs 1 and 2 shall be amended and shall read as follows: "" ARTICLE 70 Right of residence in the long term (1) The long-term right of residence shall be granted, upon request, under the conditions of this emergency ordinance, for an indefinite period, to foreigners who, at the time of the settlement of the application, are holders of a right of temporary residence or beneficiaries of international protection in Romania. (. The long-term right of residence shall not be granted to the following categories of foreigners: a) holders of the right of temporary residence for studies; b) applicants or beneficiaries of temporary protection; c) applicants or beneficiaries of protection in Romania, other than international protection; d) applicants for international protection; e) holders of the temporary residence right conferred by the short-stay visa, diplomatic or service visa. " 3. In Article 70 (3), after letter f) a new letter, letter g) is inserted, with the following contents: "" g) in case of cancellation of international protection under the conditions Law no. 122/2006 on asylum in Romania, with subsequent amendments and completions, when the long-term right of stay was obtained as a beneficiary of international protection in Romania. " 4. In Article 71 (1), the introductory part of the letter a) and points (v) and (vi) shall be amended and shall read as follows: "" a) have had the right of temporary residence or have received international protection on the territory of Romania, continuously in the last 5 years prior to the submission of the application, as follows: .................................................................... (v) this period is reduced to 4 years, in the case of beneficiaries of international protection in Romania who actively participate in the economic, social and cultural life of the Romanian society, including as a result of the integration programs provided Government Ordinance no. 44/2004 on the social integration of foreigners who have acquired a form of protection or a right of residence in Romania, as well as citizens of the Member States of the European Union and the European Economic Area, approved with amendments by Law no. 185/2004 , with subsequent amendments and completions; (vi) this period is reduced by half, in the case of beneficiaries of international protection in Romania married for at least 5 years with a Romanian citizen; " 5. in Article 71 (1) (a), a new point (vii) shall be inserted after point (vi), with the following contents: "(vii) this period is calculated from the date of submission of the application on the basis of which international protection was granted in Romania, in the case of beneficiaries of international protection." 6. In Article 75, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) Rights of beneficiaries of international protection in Romania, provided by Law no. 122/2006 , with subsequent amendments and completions, may not be limited as a result of obtaining the right of residence in the long term by them. " 7. In Article 87, after paragraph 2, two new paragraphs are inserted, paragraphs 2 ^ 1 and 2 ^ 2, with the following contents: " (2 ^ 1) Foreigners, in whose long-term residence permits the mention regarding the granting of international protection by another Member State, are removed under the escort according to the provisions of par. ((1) to the Member State indicated in that reference if, following the checks carried out by the General Inspectorate for Immigration in the Member State concerned, it follows that they continue to benefit from international protection. By exception, in order to comply with the obligations assumed by Romania through the treaties, in the case of foreigners declared undesirable or against whom the measure of expulsion was ordered as a result of conviction for any of the crimes provided for in Head. IV of Law no. 535/2004 on the prevention and combating of terrorism, with subsequent amendments and completions, or for a crime against the security of the State provided for by the Criminal Code, it is possible to remove under escort to a state other than that benefit from international protection. (2 ^ 2) Foreigners who had a right of temporary residence according to art. 128, in whose long-term residence permits, issued by another Member State, the mention on the granting of international protection is entered, may be removed under escort, according to the provisions of par. ((1), to a State outside the European Union if, following checks carried out by the General Inspectorate for Immigration in the Member State concerned, it follows that international protection has been withdrawn or whether they have been declared undesirable or against them was ordered the expulsion measure as a result of conviction for any of the offences provided for in Head. IV of Law no. 535/2004 , with subsequent amendments and completions, or for a crime against the safety of the state, provided by the Criminal Code. " 8. In Article 110, after paragraph (2 ^ 1), five new paragraphs are inserted, paragraphs 2 ^ 2, (2 ^ 3), (2 ^ 4), (2 ^ 5) and (2 ^ 6) with the following contents: "(2 ^ 2) In the long-term residence permits issued to beneficiaries of international protection in Romania, the mention" International protection granted by RO on [date] " is entered. The General Inspectorate for Immigration shall transmit, no later than one month after receipt of the request of the interested Member State, information on the situation of international protection granted by Romania, mentioned in the term residence permit long. ((2 ^ 3) In the case of the foreigner who already has a long-term residence permit issued by another Member State in which there is an indication of the granting of international protection, the same entry shall also be entered in the residence permit the long-term issued under this emergency ordinance, unless, following the checks carried out by the General Inspectorate for Immigration in the Member State indicated in that statement, the international protection of been withdrawn by a final decision. ((2 ^ 4) If, after the issuance of the long-term residence permit, with the application of the provisions of par. (2 ^ 3), the responsibility for international protection of the long-term resident has been transferred to the Romanian state, the General Inspectorate for Immigration releases, no later than 3 months from the date of the transfer, a new residence permit on long term, with the application of para. ((2 ^ 2). ((2 ^ 5) If, after the issuance of the long-term residence permit, with the application of the provisions of par. (2 ^ 2), the responsibility for international protection of the long-term resident has been transferred to another Member State, the General Inspectorate for Immigration releases, no later than 3 months from the date of receipt of the request of the Member State which has taken responsibility, a new long-term residence permit, where the entry 'International protection granted by [the name of the Member State] is entered on [date]'. ((2 ^ 6) If, after the issuance of the long-term residence permit, another Member State grants the foreigner international protection, the General Inspectorate for Immigration shall issue, no later than 3 months after the date of receipt of the request the Member State which has granted international protection, a new long-term residence permit, where the entry 'International protection granted by [the name of the Member State] is entered on [date]'. '; 9. In Article 110, after paragraph 3, a new paragraph (3 ^ 1) is inserted, with the following contents: " (3 ^ 1) For the issuance of the new long-term residence permit, in the situations provided in par. (2 ^ 4)-(2 ^ 6), the foreigner must submit, to the territorial formation of the General Inspectorate for Immigration in whose area of competence he lives, an application accompanied by the documents proving the legal possession of the living space at the address to which he declares that he has his domicile on the territory of Romania, no later than 30 days from the date on which he became aware of the transfer of responsibility or about the granting of international protection. " 10. After Article 129 a new article is inserted, Article 129 ^ 1, with the following contents: "" ARTICLE 129 ^ 1 Family members of beneficiaries of international protection brought back to the territory of Romania (1) Family members of beneficiaries of international protection brought back to the territory of Romania, according to art. 20 ^ 1 para. ((1) of Law no. 122/2006 , with subsequent amendments and completions, are foreigners who had a right of temporary residence for the purpose of reuniting the family of beneficiaries of international protection in the Member State that ordered the removal. (2) Family members referred to in par. (1) may enter the territory of Romania without fulfilling the conditions provided in art. 6 6 para. ((1) lit. b) and c), benefit from a right of temporary stay for 90 days, starting with the date of entry into Romania, and may request the extension of this right for any of the purposes and under the conditions provided for in the head. IV, without the need to obtain a long-stay visa in advance. (3) The provisions of par. (2) do not affect the more favourable situation acquired by the foreigners concerned on the territory of Romania under other legal provisions. " 11. In Article 134, point 10 is amended and shall read as follows: " 10. non-fulfillment by the foreigner of the obligation to appear at the territorial formation of the General Inspectorate for Immigration, within the 30-day period provided for in art. 73 73 para. ((5) or in art. 110 110 para. ((3 ^ 1); 12. In Article 143, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) The General Inspectorate for Immigration is the national contact point in relation to the institutions of the European Union and to the authorities of the other Member States for the exchange of information and documents in application of the legal provisions entering its competence. " + Article II Law no. 122/2006 on asylum in Romania, published in the Official Gazette of Romania, Part I, no. 428 of 18 May 2006, as amended and supplemented, shall be completed as follows: 1. In Article 2, after letter a) a new letter, letter a ^ 1) is inserted, with the following contents: " a ^ 1) international protection-refugee status or subsidiary protection status; ' 2. in Article 20, after paragraph 9, a new paragraph (10) is inserted, with the following contents: "" (10) If international protection is granted in Romania to a foreigner who has a long-term residence permit in another Member State, the General Inspectorate for Immigration requests the Member State concerned to enter, in the residence permit in the long term, the mention on the granting of international protection by Romania. 3. After Article 20, a new article is inserted, Article 20 ^ 1, with the following contents: "" ARTICLE 20 ^ 1 Readmission of beneficiaries of international protection in Romania (1) The foreigners, beneficiaries of international protection in Romania, are readmitted to the territory of Romania immediately and without formalities, together with their family members, as a result of a decision to remove taken by the Member State in which they had the right of long-term stay. ((2) In order to establish the situation of foreigners who have registered, in the long-term residence permit, issued by another Member State, the mention regarding the granting of international protection by Romania, the General Inspectorate for Immigration communicates the member state concerned, no later than one month after the receipt of an application in this regard, if the foreigner still benefits from international protection in Romania. " 4. In Article 112, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) In the case of admission of the application for the transfer of responsibility for a foreigner who has a long-term residence permit issued by another Member State, the General Inspectorate for Immigration requests this Member State to amend the the entry for international protection. '; * * * * This law transposes Directive 2011 /51/EU of the European Parliament and of the Council of 11 May 2011 amending Directive 2003 /109/EC of the Council with a view to extending its scope to beneficiaries of international protection, published in the Official Journal of the European Union L series no. 132 132 of 19 May 2011. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, 19 December 2013. No. 376. --------