Emergency Ordinance no. 25/2024 for amending and supplementing certain normative acts in the field of foreigners and borders.
The consolidation of February 9, 2025 is based on the publication in the Official Gazette, Part I no. 250 of March 22, 2024
Includes the amendments brought by the following acts: L 318/2024.Last amendment on 26 December 2024.
Having regard to Council Decision (EU) 2024/210 of 30 December 2023 on the full application of the provisions of the Schengen acquis in the Republic of Bulgaria and Romania, according to which, 'As of 31 March 2024, controls on persons at internal air and sea borders with and between Bulgaria and Romania shall be abolished and the provisions of the Schengen acquis referred to in the Annex shall apply to Bulgaria and Romania to each other and in their relations with the Kingdom of Belgium, Czech Republic, Kingdom of Denmark, Federal Republic of Germany, Republic of Estonia, Hellenic Republic, Kingdom of Spain, French Republic, Republic of Croatia, Italian Republic, Republic of Latvia, Republic of Lithuania, Grand Duchy of Luxembourg, Hungary, Malta, Kingdom of the Netherlands, Republic of Austria, Republic of Poland, Portuguese Republic, Republic of Slovenia, Slovak Republic, Republic of Finland and Kingdom of Sweden, as well as Iceland, the Principality of Liechtenstein, the Kingdom of Norway and Swiss Confederation" taking into account the list of provisions of the Schengen acquis within the meaning of Art. 4 para. (2) of the Act of Accession of 2005 to be applicable to Bulgaria and Romania to each other and in their relations with the Member States fully applying the Schengen acquis, as well as with Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation, annexed to Council Decision (EU) 2024/210, containing provisions of the Convention signed at Schengen on 19 June 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of controls at the common borders, legal acts of the European Union and their implementing acts, applicable to Romania as of March 31, 2024, in consideration of the need to align the national legal framework with the provisions of the Schengen acquis by March 31, 2024, the date on which art. III of Law no. 157/2011 for amending and supplementing certain normative acts regarding the regime of foreigners in Romania, with subsequent amendments and completions, considering the fact that Romania's full application of the Schengen acquis implies the elimination, in the first stage, of controls at the internal air and sea borders, so that persons will no longer be subject to controls at these types of borders, given that it is necessary to establish measures that contribute to the fulfilment of the new obligations incumbent on the Romanian authorities, given Romania's status as a member state that will fully apply the Schengen acquis, considering the fact that Romania is currently faced with a wide range of illegal migration modalities, considering its geographical position, at the confluence between the East - as an area of arrival of migrants and the West - as a destination space for illegal migration, in the context in which the full application of the Schengen acquis by Romania implies the need to increase the measures to ensure public order and safety, especially in relation to the quota of 100,000 foreign workers newly admitted to the Romanian labor market, approved for 2024 by Government Decision no. 1.338/2023 on the establishment of the quota of foreign workers newly admitted to the labor market in 2024, taking into account the negative consequences that could be generated as a result of the failure to immediately adopt the proposed legislative measures, which are necessary in order to ensure the control of illegal migration and the reduction of secondary movements, aspects likely to contribute to safeguarding the climate of public order and safety since all the aspects presented represent a state of in fact objective and independent, and the elements concern the public interest and constitute an extraordinary situation that requires the adoption of immediate measures, requiring the adoption in the emergency procedure of the normative act that allows the application of the identified measures, pursuant to art. 115 para. (4) of the Constitution of Romania, republished, the Government of Romania adopts this emergency ordinance.
Article III of Law no. 157/2011 for amending and supplementing certain normative acts regarding the regime of foreigners in Romania, published in the Official Gazette of Romania, Part I, no. 533 of 28 July 2011, with subsequent amendments and completions, is amended and supplemented as follows:
1. Point 3 is amended ...
3. Article 11 shall be amended ...
Gouverment Emergency Ordinance no. 25/2024 for amending and supplementing certain
normative acts in the field of foreigners and border.
Effective March 22, 2024
General provisions on the residence of foreigners
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(1) Foreigners who are temporarily legally in Romania may remain on the territory of the Romanian state only until the date on which the right of residence established by the visa or, as the case may be, by the residence permit ceases.
(2) Foreigners who are not required to obtain a visa in accordance with the provisions of Regulation (EU) 2018/1.806
of the European Parliament and of the Council of 14 November 2018 establishing the list of third countries whose nationals must hold visas for crossing the external borders and the list of third countries whose nationals are exempt from this obligation, as amended, are allowed to enter the territory of Romania and may remain for a maximum period of 90 days during any period of 180 days preceding each day of stay within the territory of any Schengen state.
(3) Foreigners who are in possession of a visa issued by a Schengen state under the conditions of the Visa Code, except for visas subject to a limitation for the territory of Romania, may enter and remain in Romania in compliance with the validity of the visa and the period of stay granted by the respective visa.
(4) Foreigners holding long-stay visas or residence permits issued by other Schengen states are allowed to enter the territory of Romania and may stay for a maximum period of 90 days during any period of 180 days prior to each day of stay on the territory of Romania, calculated as a cumulative period with those spent on the territories of the other Schengen states, other than the one who issued them the long-stay visa, respectively the residence permit.
(5) Foreigners who entered the territory of Romania under the conditions of para. (2) and (4), as well as on the basis of international conventions or normative acts by which they are exempted from the obligation to obtain a visa, their right of residence ceases in the following situations:
a) it is found that on the date of entry into the territory of Romania they did not meet the conditions provided by this Emergency Ordinance or no longer meet them;
b) have entered the territory of Romania on the basis of false documents or information;
c) have introduced or attempted to illegally introduce other foreigners into Romania or have facilitated their transport or accommodation;
d) have violated customs regulations or have crossed or attempted to cross the state border illegally;
e) have entered Romania during the previously ordered prohibition period;
f) they do not comply with the declared purpose when entering the territory of Romania or have violated the regulations regarding the employment of foreigners;
g) after entering the country, an entry ban has been ordered against them or they have been declared undesirable.
(6) The measure of termination of the right of residence for the situations provided for in para. (5) shall be communicated to the foreigner by means of the return decision.>> "
2. In point 8, regarding the amendment of art. 27, paragraph (3) is amended will have the following content: "(3) The list of states whose citizens need a visa to enter the territory of Romania is the one provided in Annex no. I to Regulation (EU) 2018/1.806 of the European Parliament and of the Council."
3. In point 8, regarding the amendment of art. 27, after paragraph (6), a new paragraph is inserted, para. (7), with the following content: " (7) The visa application shall be submitted to the diplomatic missions or consular offices of Romania abroad, in whose district the applicant has his/her domicile or residence, and in special, urgent cases, to the diplomatic missions or consular offices of Romania in the state on whose territory the applicant is legally located."
4. Point 11'1 shall be amended and shall read as follows:
11'1. Article 29'1 is amended and will have the following content:
ARTICLE 29'1
Cooperation with external service providers
(1) By exception to art. 29 para. (5), applications for granting long-stay visas may also be submitted through external service providers contracted by the Ministry of Foreign Affairs according to the law.
(2) Through the external service providers contracted by the Ministry of Foreign Affairs, the applications for granting visas provided by it may be submitted, in accordance with the provisions of Article 43 of the Visa Code.
(3) The conditions and modalities of cooperation with external service providers shall be established by order of the Minister of Foreign Affairs.
(4) External service providers shall not be allowed access to the National Visa Information System and may not be delegated duties regarding the examination of applications, conducting interviews with visa applicants, deciding on applications, printing and affixing visa stickers.
(5) Based on the cooperation contracts concluded with the Ministry of Foreign Affairs, external service providers may perform, as the case may be, one or more of the following tasks:
a) providing information on visa conditions and visa application forms;
b) informing the applicant about the required supporting documents, based on a checklist;
c) collecting data, including, as the case may be, biometric identification elements and visa applications, as well as transmitting them, in accordance with the law, to the competent diplomatic missions and consular offices of Romania;
d) the collection of visa fees and their transfer to the competent diplomatic missions and consular offices of Romania;
e) managing appointments for in-person attendance at the competent diplomatic missions and consular offices of Romania;
f) submission and collection of travel documents to and from the diplomatic missions and consular offices of Romania and their return to the applicants;
g) handing over the form for refusal, cancellation, respectively revocation of visas.
(6) The Ministry of Foreign Affairs shall ensure that the additional service fees charged by external service providers shall be proportional to the expenses incurred by them for the performance of the tasks entrusted to them and shall not exceed half of the amount of the fee related to the processing of a visa application.
(7) Cooperation with foreign service providers does not exclude the possibility of submitting visa applications directly to the diplomatic missions and consular offices of Romania.
(8) In the event of termination of cooperation with an external service provider, the competent diplomatic missions and consular offices of Romania shall ensure the continuity of the provision of comprehensive visa services.'"
5. In paragraph 12, regarding the amendment of Article 30, paragraph (10) shall be amended and shall read as follows: (10) The visa for foreigners who are family members of Romanian citizens and the short-stay visa for foreigners provided for in Article 16 para. (4) of the Visa Code shall be granted by the diplomatic missions and consular offices of Romania, without payment of fees."
6. Point 23 shall be amended and shall read as follows:
23. After Article 33, a new Article shall be inserted, Art. 33'1, which shall read as follows:
Article 33'1 Extension of the validity of the short-stay visa or of the right of residence established to the alien by visa
(1) The duration of validity and/or of the right of stay established by the short-stay visa issued by the Romanian authorities or by another Schengen state may be extended under the conditions of Article 33 of the Visa Code.
(2) The national authority competent to extend the visa provided for in para. (1), applied on simple passports, is the General Inspectorate for Immigration and its territorial formations, and for those applied on service or diplomatic passports it is the Ministry of Foreign Affairs.
(3) The refusal to extend the duration of validity and/or the right of residence established by the short-stay visa may not be challenged."
Article II of Law no. 247/2018 amending and supplementing certain normative acts regarding the regime of foreigners in Romania, published in the Official Gazette of Romania, Part I, no. 941 of 7 November 2018, referring to art. 33 of the 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 subsequently amended and supplemented, shall be supplemented as follows:
1. In paragraph (4), after letter d), a new letter is inserted, letter e), with the following content:
" (e) the individual employment contract has not been concluded within 15 working days from the entry of the foreigner on the territory of Romania or, as the case may be, from the obtaining of the new employment notice, in the case of the long-stay visa for employment."
2. After paragraph (4), a new paragraph shall be inserted, para. (4'1), with the following content:
"(4'1) The measure provided for in para. (4) letter e) shall not be ordered in the situation where the non-conclusion of the individual employment contract is due to the employer's fault."
Article III - 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 June 5, 2008, with subsequent amendments and completions, is amended and supplemented as follows:
- In Article 2, letters f) and u) are amended and will have the following content:
" (f) The National Visa Centre – a specially designated structure within the Ministry of Foreign Affairs, which contributes to the establishment and implementation of Romania's national visa policy, as well as to the implementation and observance of the Schengen acquis in the field of activity, together with the other institutions of the central public administration, according to the competences established by law, and is the central point of access to the Visa Information System;
...
u) illegal stay – the presence on the territory of Romania of a foreigner who does not meet or no longer meets the entry conditions provided for in art. 6 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on the Union Code on the regime of border crossing by persons (Schengen Borders Code), as amended, hereinafter referred to as the Schengen Borders Code, or the conditions of entry or stay provided for by this Emergency Ordinance, as the case may be;".
2. In Article 9, after paragraph (4), two new paragraphs are inserted, para. (4'1) and (4'2), with the following content:
(4'1) If the air, naval or land transport company does not provide, according to art. 7 para. (2), by its own forces the transport of the foreigner who has been refused entry into the territory of Romania, it may request the structure of the Romanian Border Police competent to escort the respective foreigner to a third country, respectively to the country from which he was transported or a country of transit. In this case, the transport company ensures/bears the round-trip transport of the border guards who accompany the foreigner outside the territory of Romania.
(4'2) The escort activity provided for in para. (41) shall be carried out on the basis of the order of the head of the border crossing point/head of the border police sector. The personnel of the Romanian Border Police who carry out the escort activity benefit from the rights provided by law for the personnel sent on temporary mission abroad."
3. In Article 12, after paragraph (3), a new paragraph is inserted, para. (4), with the following content:
"(4) The obligations provided for in para. (1) and (2) may also be fulfilled by notifying the General Inspectorate for Immigration regarding the arrival on the territory of Romania or regarding the hosting of the foreigner, as the case may be, respectively by communicating the data regarding the registration of the foreigner to the General Inspectorate for Immigration, through a computer application made available for this purpose."
4. In Article 13, paragraphs (4) and (6) shall be amended and shall read as follows:
"(4) The declarations provided for in para. (1) letter b) shall be made within 3 working days, those provided for in para. (1) letters a) and c), within 10 days, and those provided for in para. (3), within 48 hours.
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(6) The host entities are obliged to inform the territorial formation of the General Inspectorate for Immigration about the termination or suspension of the legal relationship with the foreigner, within 5 working days from the date of the occurrence of the event."
5. After Article 30, a new Article shall be inserted, Art. 30'1, with the following content:
ARTICLE 30'1
For the purpose of carrying out specific checks on the requests for prior consultation addressed to Romania in accordance with Article 22 of the Visa Code, the General Inspectorate for Immigration shall be consulted by the National Visa Centre of the Ministry of Foreign Affairs."
6. Article 56, paragraph (1) shall be amended and shall read as follows:
"(1) Foreigners who entered Romania for the purpose of employment shall have their right of temporary residence for work purposes extended if they present the individual full-time employment contract, concluded within 15 working days from the entry into the territory of Romania or, as the case may be, from the obtaining of the new employment notice, registered in the General Register of Employees, which shows that the salary is at least at the level of the minimum gross basic salary in the country guaranteed in payment. In the case of highly qualified workers, the salary must be at least at the level of the average gross salary earning."
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