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Recent regulations - published in the Official Gazette, Part I, no. 533 / 28.07.2011 – on the legal framework for foreigners in Romania; Publication of Law no. 157/2011 for the amendment and completion of the regulations on legal framework for foreigners in Romania, which came into force on 31.07.2011.
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Newsletter June 2011

The Law no. 80/06.06.2011 (published in the Official Gazette Part. I, No 443/24 June 2011), entered into force on 27 June 2011 and comes to amend the immigration law in force Emergency Ordinance no. 102/2005 on the free movement in Romania of nationals of the European Union and of the European Economic Area

Starting with the above legislation, the Emergency Ordinance no. 102 from 14/07/2005 regarding the free movement in Romania of citizens of the European Union Member States and European Economic Area changed its name in the “Emergency Ordinance regarding the free movement in Romania of citizens of the European Union Member States, European Economic Area and of citizens of the Swiss Confederation.”

Below are mentioned the most important changes made by the Law:

- Clarification of the validity of a Registration certificate/Residence card issued for EU citizens/ non EU citizens who are family members of a EU citizen; therefore the registration certificates will be valid for 5 years from the date of issue. At the request of the European Union’ citizen, the registration certificate may be issued for a period of less than 5 years but not less than one year Residence cards will be valid for up to 5 years from the date of issue but not longer than period of residence approved for EU citizen of which family members is. Residence documents issued before this Law enters into force will be valid for 5 years and 10 years, respectively, from the date of issue, and their holders will be required to obtain new ones before their expiry date.

- A clearer definition of the “ proof of health insurance” has been established; therefore “ proof of health insurance” can include from now on other categories of health insurance than those issued by Romanian health insurance system, such as health insurance concluded in other European Union countries or in states with which Romania has concluded international health agreements, and which is valid in Romania;

- The former legislative provisions made reference only to nationals of European Union countries and European Economic Area. the new law makes extension of its application to include nationals of the Swiss Confederation and their family members in the legal categories of beneficiaries of the right of free movement, residence and permanent residence in Romania;

- Non EU family members (of an EU citizen), can enter in Romania based on a valid passport containing an entry visa that will be issued free of charge within 48 hours by Romanian consular offices or diplomatic missions. Family members who are not nationals of an EU state are exempt from the visa requirement if accompanying or joining the EU citizen and if they are in possession of a valid residence document issued by an EU state and which grants the right of residence in that EU states as a family member.

- In case of any changes of the name, surname, citizenship and address and also of the marital status of family members who are not nationals of an EU states, the authorities have to be announced from 15 to 30 days. The old requirement to declare the presence of EU citizens and their family on the Romanian territory within 15 days of their arrival has been abolished.
   
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