(1) The sponsor who holds a temporary residence permit valid for one year, an EU Blue Card, an ICT permit, a "mobile ICT” permit, a long-term residence permit of who benefits from the refugee status or from subsidiary protection, may request family reunification for:

a)the spouse;

b)the unmarried underage children of the sponsor or of the spouse, adopted children included;

c)the unmarried underage children of the sponsor, adopted children included, who are in the sponsor’s care and over whom the sponsor exercises parental rights. If parental rights are exercised jointly, the approval of the second parent is compulsory in order to achieve the family reunification requested by the sponsor;

d)unmarried underage children of the spouse, adopted children included, who are in the spouse’s care and over whom the spouse exercises parental rights. If parental rights are exercised jointly, the approval of the second parent is compulsory in order to achieve the family reunification requested by the sponsor.

The General Inspectorate for Immigration may approve family reunification, provided that legal requirements are met, for the following categories as well:

a)first degree relatives in ascending line of the sponsor or of the spouse, if such persons cannot provide for themselves and do not enjoy appropriate family support in the country of origin;

b)unmarried adult children of the sponsor or of the spouse, if they are unable to provide for themselves because of medical reasons.

Unaccompanied underage children who benefit from the refugee status or from subsidiary protection may request family reunification for:

a)first degree relatives in ascending line or legal guardian; or

b)whenever such persons do not exist or cannot be identified, any other relative.

The foreigners holding a right of stay for scientific research purposes and the foreigners holding an EU Blue Card, an ICT permit, a "mobile ICT” permit may request family reunification even when the residence permit is valid less than one year.

If there are any doubts about the conclusion of the marriage or the family relationship, the Romanian Immigration Office may request further proof for their establishment.

The application shall be approved subject to the following conditions:

a)there should be no situation of bigamy or polygamy;

b)the applicant has a living space considered normal for a similar family in Romania;

c)the applicant has the means of subsistence, in addition to those necessary for his/her own maintenance according to the law, the amount corresponding to the net minimum salary per economy for each member of the family.

d)the person for whom family reunification is requested fulfils the conditions stipulated by law.

The application will be resolved within 3 months from the filing date.

Approval of the application shall be communicated in writing to the applicant so that it can be transmitted to the family members concerned, who must present it to the diplomatic mission or consular office within 60 days from the date of issue, together with the long-stay visa application for family reunification.

If the application is rejected, the reasons will be communicated to the foreigner in writing.

The visa is issued by the diplomatic missions or consular offices of Romania in the country where the family members have their residence or domicile.

The following categories of persons may also apply for a visa for family reunification:

a)foreigners married to Romanian citizens;

b)unmarried foreigners cohabiting with unmarried Romanian citizens, provided they have at least one child together, hereinafter referred to as partners;

c)children of Romanian citizens, of the spouse or partner, adopted children included, who:

(i)are not yet 21 years old;

(ii)are still in school and are not yet 26 years old;

(iii)although already adults, they cannot provide for themselves because of medical reasons;

d)first degree relatives in ascending line of the Romanian citizen or of the spouse.

e)the foreign parent of the underage Romanian citizen, if he/she proves that the minor is dependent on him/her or that there is an obligation to pay alimony, an obligation fulfilled regularly by the foreigner;

f)foreigners, family members of Romanian citizens, who prove that they are registered with the right of residence in another Member State in that capacity.

(The visa application submitted by the persons referred to in paragraph (16) lit. a)-e) shall be accompanied by the marriage certificate issued by Romanian authorities or transcribed in compliance with the laws in force, or, as applicable, the proof of family relationship or of the status of partner.

The visa application submitted by the persons referred to in paragraph (16) lit. f) shall be accompanied by documents certifying that they are registered with the right of residence in another Member State as a family member of the Romanian citizen.

Adoption must be ordered by a decision of a competent Romanian authority, under the law, or by a decision of an authority of another State, which produces legal effects on the territory of Romania.

The granting of long-stay visa for family reunification may be refused, if the claim is based on a marriage of convenience previously ascertained under the terms of this Emergency Ordinance, or when the state of bigamy or polygamy is discovered.

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