Here is the info I got just now. Its favourable to me and I dont think I will have any issues.
Im posting it here for any future reference anyone may have.
-------- Original Message --------
Subject: Your Europe Advice enquiry 109775
Date: Mon, 20 Aug 2012 22:07:37 +0200 (MEST)
From:
youreuropeadvice-allocations@ec.europa.eu
Reply-To:
youreuropeadvice-allocations@ecas.org
To:
Dear Sir/Madam,
Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is an independent advice and cannot be considered to be the opinion of the European Commission, of any other EU institution or its staff nor will this advice be binding upon the European Commission, any other EU or national institution.
Dear Mr.
Thank you for contacting “Your Europe Advice”!
I. Applicable legislation in this regard:
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
This Directive was transposed by the Romanian legislation in Emergency Ordinance no. 102/2005 Published in Official Journal, Part I no. 646, 21/07/2005 regarding the free movement of citizens of the Member States of the European Union and the European Economic Area on the Romanian territory.
Article 13 of the Directive 2004/38/EC stipulates:
Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership;
2. Divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall NOT entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or
(b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen's children; or
(c) this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to in point 2
(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.
Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. "Sufficient resources" shall be as defined in Article 8(4). Such family members shall retain their right of residence exclusively on personal basis.
The Romanian Ordinance, Article 21 (retention of right for non EU family members) makes a general specification stipulating that the family members above mentioned enjoy the retention of the right of residence in case of death/departure or divorce/annulament of marriage, and particularly specifies the spouse and partner as family members who enjoy this right.
Moreover - Government Emergency Ordinance No. 87/2007 for the amendment of the Law No. 21/1991 regarding Romanian citizenship published in the Official Gazette of Romania, Part I, no. 634 from 14.09.2007. With later modifications and completions by Law no. 554 of 02/12/2004, published in the Official Gazette, Part I, no. 07/12/2004.
In accordance with the stipulations of Article 4 of the Law no. 21/1991 and its later modifications and completions, Romanian citizenship is acquired though:
(c) awarding upon request (your particular case)
If you do fulfill the requirements provided by Article 4 of the Law no. 21/1991 letter (a), that at the time of the submission of request for Romanian citizenship you must have been living legally in Romania for at least 8 years or, in case you are married and living with a Romanian citizen, for at least 5 years starting with the marriage date, you are entiteled for granting the Romanian citizenship!
In conclusion:
After the divorce sentence and the period you reach the fulfillment of requirements for obtaining the Romanian citizenship you have the right to stay on the Romanian territory further on as long as you can prove that you have sufficient resources (see above detailed comments) moreover even if you do not wish to obtain Romanian citizenship you may stay for an unlimited period of time in Romania as long as you fulfill the mentioned criterias.
II. In Romania, as regards the permanent residence, on the website of the Romanian Immigration Office you may find out that the residence permit in the quality of permanent resident in Romania may be of two types:
1. Permanent residence card; it is granted to family members of Romanian citizens and it is valid for 10 years period, and
2. Long-term residence permit: it is valid for 5 years period and it is granted for all other purposes for staying in Romania (studies, work, commercial activities, family reunification, etc.)
For more information in this regard you may visit the website of the Romanian Immigration Office, link:
http://ori.mai.gov.ro/detalii/pagina/ro ... manenta/79
You may find the same details on page 20 of the Information Guide for third-country citizens link:
http://ori.mai.gov.ro/api/media/userfil ... ormare.pdf
In your case, you mention you hold “residence permit for family members”and you are a family member of a Romanian citizen.
http://ori.mai.gov.ro/detalii/pagina/ro ... identei/63
A permanent residence card may be issued to a third-country citizen in Romania, as a family members of a Romanian citizen, but, based on the Directive 2004/38/EC. But in such a case, for moving on the territory of European Union, you have to be accompanied by your Romanian spouse, and, probably, to get an entry visa.
After the marriage you’ll have to submit the necessary documents at the Romanian Office for Immigration (“Biroul Roman pentru Imigrari”
http://ori.mai.gov.ro from your residence/domicile, in order to obtain the so-called "Residence card of a family member of a Union citizen" („Permis de sedere de membru de familie pentru un cetatean al Uniunii”) according Directive 38/2004 Article 10 (1). Moreover after 5 years of legal residence in Romania you may obtain permanent residence status.
Contact point:
http://ori.mai.gov.ro/formatiuni_teritoriale/index/ro
We remain at your disposal for further enquiries.
We hope this answers your query,
Sincerely,
“Your Europe Advice”
