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Legal guides written by Oikonomakis Law Firm:
In Romania, immigration removal cases usually involve a return decision, expulsion measure, public-order decision, or refusal of entry. The General Inspectorate for Immigration, known as IGI, handles many administrative steps in Bucharest.
A person may receive a period for voluntary departure, face escorted removal, or be placed in immigration detention. The specific procedure depends on nationality, immigration status, asylum history, family circumstances, and any alleged threat to public order.
Challenges commonly proceed before the competent Romanian court, often the Bucharest Tribunal or another court identified in the decision. Romanian documents and deadlines are decisive, so a lawyer should review the decision immediately and arrange an interpreter where necessary.
Government Emergency Ordinance No. 194/2002 on aliens in Romania is the central Romanian framework for entry, residence, return, expulsion, detention, and entry bans involving foreign nationals. It has been amended several times, so the current consolidated text and the wording of the individual decision matter.
Law No. 122/2006 on asylum in Romania governs asylum applications, international protection, procedural safeguards, and removal-related restrictions for applicants and protected persons. Its application may overlap with the rules on inadmissibility, safe third countries, and Dublin transfers.
Directive 2008/115/EC on common standards for returning illegally staying third-country nationals, commonly called the EU Return Directive, underpins Romania's return framework. Regulation (EU) No. 604/2013, known as Dublin III, can also apply when another participating state may be responsible for examining an asylum claim.
A return decision generally requires a person without lawful stay to leave Romania, often within a voluntary-departure period. Expulsion is a more serious measure, usually connected with public-order, national-security, or criminality concerns, and may involve enforced removal and an entry ban.
Often, yes, but the correct remedy and deadline depend on the document and legal basis. The decision should identify the competent court and appeal period, which can be short, so urgent legal review is necessary.
Not always. Some remedies have suspensive effect, while others require a separate request to suspend enforcement. A lawyer should assess the decision immediately and seek interim protection where Romanian procedure permits it.
An asylum applicant generally has procedural protection while the application is pending, subject to statutory exceptions and the stage of the case. That protection does not automatically prevent every Dublin transfer, detention decision, or finding that an application is inadmissible.
Having a Romanian child does not automatically cancel a removal decision. It can be highly relevant to family-life, proportionality, residence, and the child's best interests, particularly where the relationship is genuine and documented.
IGI may arrange enforced removal and impose or extend an entry ban. Missing the deadline can also make detention more likely, although the consequences depend on the decision and the reasons for non-compliance.
Detention is subject to statutory limits and judicial oversight, but the permitted period depends on the legal basis and practical removal prospects. A lawyer can challenge detention, seek release, and present evidence of identity, accommodation, and cooperation.
Romanian lawyers set fees by agreement, and urgent detention or court work usually costs more than an initial consultation. Request a written agreement covering review, translations, hearings, travel, court fees, and any separate appeal or interim-relief work.
Eligibility depends on the procedure, financial circumstances, and applicable Romanian rules. Asylum applicants and detained foreign nationals may have access to procedural assistance, but the scope and appointment method should be confirmed with the authority, court, or lawyer.
No. A conviction may support a public-order or expulsion measure, but the authorities must apply the relevant legal test and consider proportionality. The seriousness of the offence, residence history, family ties, rehabilitation, and risk assessment may all matter.
An entry ban may sometimes be challenged together with the underlying return or expulsion decision. The grounds and deadline depend on the decision, and evidence of family life, health, cooperation, or changed circumstances may be relevant.
Bring every IGI, police, court, detention, asylum, and border document, including envelopes showing service dates. Also provide identity records, residence documents, employment records, medical evidence, criminal case papers, and proof of family or accommodation in Romania.
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