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Romania Family Reunification Visa Rejected

Last activity 25 August 2024 by n0b0dy

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Sureshdelhincr

Mates,


Recently i applied for family reunification visa as i am married with Romanian citizen and we are currently living in India after marriage. My visa got rejected with a reason provided that rejected based on art. 30 alin.8 art 46 / coraborate art. 2 lit.e^1 din O.U.G. nr. 194/2002.


Can anybody help me to translate this or share any contact of immigration lawyer who can help me.

JohnnyStLouis

Until you get a better answer I would wonder if your spouse/spouse's family provided enough documentation to guarantee they could support you, because you won't be able to work for some time.


I found this on a Facebook page:


"...The main question was where we met. They wanted proof of our communication, travel together, and pictures....(But it helped that I had traveled to multiple European countries, the USA, as seen via my visas). The immigration officer even asked, "Why don't you go to the USA instead of picking Romania?..."

n0b0dy

Did you had any troubles with the law while abroad? Where you expelled from a Schengen or have a travel ban in place? Or overstayed any previous visas?



Art. 2: Definitions

For the purposes of this emergency ordinance, the terms and expressions below have the following meaning:


e) sponsor - the foreigner, holder of a residence permit, other than the one for the purpose of family reunification, or of a Card European Union blue cards issued by the General Inspectorate for Immigration, which requests family reunification or family reunification whose family members request family reunification with him, under the conditions of this emergency ordinance;


e1) family reunification - the entry and stay on the territory of Romania of the family members of a foreigner with legal residence on the territory of Romania or of a Romanian citizen, in order to preserve the family unit, regardless of the date of its establishment family relations;


f) National Visa Center - specially designated structure within the Ministry of Foreign Affairs, which contributes to establishing and implementing Romania's national visa policy, together with the other public administration institutions central, according to the powers established by law, and is the central point of access to the Information System


- Art. 30: Competent authorities to grant the visa


(7) The long-stay visa is granted by the diplomatic missions and consular offices of Romania, with the approval of the National Visa Center, only after obtaining the opinion of the General Inspectorate for Immigration.


b) consult the competent authorities of the member states, according to the provisions of art. 22 of the Visa Code


(8) The opinion of the General Inspectorate for Immigration provided for in para. (7) ascertains the fulfillment of the conditions provided for in art. 6 para. (1) lit. a), e), g) and h), art. 8 para. (1) lit. b)-d) and in art. 27 para. (4) lit. c) and d), as well as the special conditions for each type of long-stay visa.


Art. 6: Conditions regarding the entry of foreigners

(1) Foreigners who meet the following conditions may be allowed to enter the territory of Romania:

a) possess a valid document for crossing the state border, which is accepted by the Romanian state;


e) no alerts are entered on their names in the National Information System for alerts for the purpose of refusing entry on the territory of the Romanian state;


g) their names are not entered into the Schengen Information System for the purpose of denying entry;"


h) are not reported by the competent authorities as posing a danger to national defense and security, order

and public health;



Art. 8: Denial of entry into Romania

(1) Foreigners are not allowed to enter the territory of the Romanian state if:


a) do not meet the conditions provided for in art. 6 para. (1);


b) are reported by international organizations to which Romania is a party, as well as by specialized institutions combating terrorism that finances, prepares, supports in any way or commits acts of terrorism;


c) there are indications that they are part of transnational organized criminal groups or that they support in any way the activity of these groups;


d) there are serious reasons to consider that they committed or participated in the commission of crimes against peace and humanity or of war crimes or crimes against humanity, stipulated in the international conventions to which Romania is part


Art. 27: Granting of the Romanian visa

(4) The long-stay visa is granted only if:


c) in the name of the foreigner, the alert regarding the refusal of visa issuance was not entered in the Integrated Information System for migration and asylum management;


d) there are no reasons to consider that the visa is requested for the purpose of illegal migration;



- Art. 30: Competent authorities to grant the visa


(7) The long-stay visa is granted by the diplomatic missions and consular offices of Romania, with the approval of the National Visa Center, only after obtaining the opinion of the General Inspectorate for Immigration.


b) consult the competent authorities of the member states, according to the provisions of art. 22 of the Visa Code


(8) The opinion of the General Inspectorate for Immigration provided for in para. (7) ascertains the fulfillment of the conditions provided for in art. 6 para. (1) lit. a), e), g) and h), art. 8 para. (1) lit. b)-d) and in art. 27 para. (4) lit. c) and d), as well as the special conditions for each type of long-stay visa.



Art. 46: Long-stay visa for family reunification

(1) The sponsor holder of a temporary residence permit valid for one year, of an EU Blue Card, of a permit

ICT, of a "mobile ICT" permit, of a long-term residence permit or beneficiary of refugee status or subsidiary protection may request family reunification for:


a) husband/wife;

b) unmarried minor children of the sponsor and of the spouse, including the adopted ones;

c) the sponsor's unmarried minor children, including those adopted, who are dependent on him and on whom the sponsor exercise parental rights. If parental rights are exercised jointly, consent is also required

to the other holder of parental rights regarding the family reunification requested by the sponsor;

d) the unmarried minor children of the husband/wife, including those adopted under his/her maintenance and over whom the husband/wife exercise parental rights. If parental rights are exercised jointly, consent is also required to the other holder of parental rights regarding the family reunification requested by the sponsor.


(2) The Romanian Immigration Office can approve, if the conditions stipulated by law are met, family reunification and for the following categories:

a) first-degree relatives in the ascending line of the sponsor or the spouse, if they cannot support themselves and does not enjoy adequate family support in the country of origin;

b) adult unmarried children of the sponsor or of the spouse, if they cannot support themselves from

medical reasons.

(3) Unaccompanied minors, beneficiaries of refugee status or subsidiary protection, may request family reunification

for:

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

b) when they do not exist or cannot be identified, any other relative of his.

(4) [text from Art. 46, para. (4) from chapter III, section 6 was repealed on 31-01-2011 by Art. I, point 59. of

Law 157/2011]

(5) [text from Art. 46, para. (5) from chapter III, section 6 was repealed on 31-01-2011 by Art. I, point 59. of

Law 157/2011]

(6) The foreigners provided for in para. (1), holders of a right of residence for carrying out a scientific research activity and foreigners possessing the EU Blue Card, an ICT permit or a "mobile ICT" permit can apply for reunification family even if the validity of the temporary residence permit is less than one year.


(7) The standard application is submitted to the territorial formation of the Romanian Immigration Office, whose radius the applicant lives legally and will be accompanied by the following documents:

a) marriage certificate or, as the case may be, proof of kinship;

b) the applicant's declaration, in authentic form, showing that the family members will live with him;

c) copy of the document certifying the right of residence on the territory of Romania;

d) proof of legal ownership of the living space for a home considered normal for a similar family in

Romania;


e) proof of means of maintenance;

f) proof of insurance in the social health insurance system of the applicant;


g) the written statement of the person who, together with the sponsor, has joint custody of the minor child for whom requests family reunification, which results in the consent for him to live with the sponsor on

the territory of Romania;

h) copy of the travel document of the family member for whom family reunification is requested.

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