Military Ordinance no. 2 / 2020 and Military Ordinance no. 3 /2020, regarding the applicable measures to prevent the spread of COVID-19, with impact on foreigners visiting or living in Romania

03 Apr 2020

In brief

Military Ordinance no. 2 / 21.03.2020 and Military Ordinance no. 3 / 24.03.2020 have introduced, among other aspects, restrictions regarding the entry and stay of foreign nationals on the territory of Romania, with additional provisions regarding the validity of documents issued by public authorities, including those issued for foreign nationals, if they expire during the state of emergency.

In detail

In accordance with the provisions of Military Ordinance no. 2/2020, foreign nationals and stateless individuals are forbidden from entering the territory of Romania through Romanian state border crossing points, with a few exceptions, such as those who:

  • transit the territory of Romania using the transit corridors organised as a result of agreements concluded with neighboring states;
  • are family members of Romanian citizens;
  • are family members of citizens of other European Union Member States, of the European Economic Area or of the Swiss Confederation residing in Romania;
  • hold a long-term visa, a residency permit or a document equivalent to the residency permit issued by the Romanian authorities in accordance with the provisions of Government Emergency Ordinance no. 194/2002 regarding the regime of foreign individuals in Romania, republished, with subsequent modifications and additions, or a document equivalent to these issued by the authorities of other states, in accordance with European Union legislation;
  • are individuals travelling for business purposes, as proven by visas, residency permits or other equivalent documents;
  • are diplomatic or consular staff, personnel of international organisations, military personnel or personnel providing humanitarian aid;
  • are in transit, including individuals repatriated as a result of being granted consular protection;
  • are individuals travelling for imperative reasons (medical or family reasons);
  • are individuals needing international protection or for other humanitarian reasons.

All the above restrictions are applicable starting as of 22:00 on 22 March 2020, Romanian time.

The provisions of Military Ordinance no. 3/2020 established the measure of isolation at home or, as the case may be, of quarantine for all individuals entering Romania as of 12:00 on 25 March 2020, including foreign nationals, if they fall into the above-mentioned exempt categories of individuals.

The travel restrictions imposed by the Romanian authorities also apply to foreign nationals present on the Romanian territory. During the emergency period, they will be able to leave their residence only in limited situations, expressly provided by law and only by presenting supporting documentation, such as an employee certificate from their employer or an affidavit.

Trips can be made only under certain conditions, such as:

  • for professional interest, including between the residence and the place / places where the activity is to be performed and back;
  • shopping for basic needs goods, including those for pets / domestic animals and those required for performing the professional activity;
  • for medical reasons that cannot be postponed or performed remotely;
  • for justified reasons, such as: caring / accompanying a child, assisting elderly, sick or disabled individuals or due to the death of a family member;
  •  short trips, in the proximity of the residence, related to the physical activities of the individuals (excluding any team sport activities);
  • for satisfying the needs of pets / domestic animals;
  • for blood donation reasons, at blood transfusion centres;
  • for humanitarian or volunteering reasons;
  • for performing agricultural activities or for agricultural producers to sell their products.

Additional travel restrictions apply to all individuals over 65 years old. They are allowed to leave their residence for certain activities and within certain time intervals.

Military Ordinance no. 3/2020 also introduced an additional provision regarding documents issued by public authorities expiring during the state of emergency period, allowing them to be extended within 90 days as of the date when the state of emergency is lifted.

The above provision also applies for documents issued to foreign nationals by the Romanian public authorities, such as the competent territorial offices of the General Inspectorate of Immigration and the consular sections of Romanian Embassies abroad, if they are due to expire during the state of emergency period. All such documents can be extended within 90 days as of the date when the state of emergency is lifted, if the conditions provided by law for their extension are fulfilled.

Source: Military Ordinance 2/2020, published in Official Gazette no. 232 dated 21 March 2020, Military Ordinance 3/2020, published in Official Gazette no. 242 dated 24 March 2020

Take away

In the context of the measures taken by the Romanian authorities for preventing the spread of COVID-19, foreign individuals’ entry into and stay on the territory of Romania has been restricted, as detailed above.

Documents issued by the public authorities to foreign individuals, such as temporary or permanent residency permits, short-term or long-term visas, work authorisations and registration certificates, due to expire during the state of emergency, are considered to be valid both during the state of emergency and up to 90 days after the state of emergency is lifted. Foreign nationals should initiate the process for regulating their right of stay on the territory of Romania by requesting the extension of the expired documents, within 90 days as of the state of emergency end dates. In that same period of 90 days, foreign nationals not fulfilling the conditions needed to extend their right of stay should leave the Romanian territory.

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