Considering that the military aggression in Ukraine has led to mass displacements of the population to the neighboring countries, Pavel, Margarit & Associates Law Firm show the requirements for obtaining the right of asylum in Romania.
First of all, it must be noted that the right of asylum entails that a foreign national or stateless person will be granted the right of entry and stay on the territory of a state.
The asylum seeker in Romania can submit an application for asylum requesting the protection of the Romanian state if he / she is on the territory of Romania or at a border crossing point.
The application for asylum shall be submitted with the Romanian General Inspectorate for Immigration, the competent territorial structures within the Romanian Border Police.
The decision on the application for asylum in Romania shall be made after the applicant’s situation is examined by the designated public authority in Romania that is competent on asylum.
Finally, the application shall be resolved within 30 days since the date the case has been taken over by the designated Romanian public authority.
What are the rights of the asylum seeker in Romania?
In accordance with the applicable legislation, asylum seekers in Romania have the right to remain in the country until the expiry of a period of 15 days since the asylum procedure is completed.
Also, they have the right to an interpreter free of charge and the right to be advised and assisted by a representative of a non-governmental organization.
They have access to material reception conditions aimed to guarantee their subsistence and protect their physical and mental health, access to accommodation in reception centers.
Also, asylum seekers get free of charge primary care treatment, social assistance and have the right to be visited by family members or representatives of non-governmental organizations in Romania.
Asylum seekers in Romania who are underaged have access to pre-school and compulsory school education, under the same conditions as their Romanian counterparts.
What is the difference between an asylum seeker and a refugee in Romania?
Until the application for asylum in Romania is granted, the asylum seeker in Romania cannot obtain an international form of protection, such as refugee status or subsidiary protection.
Thus, in order to obtain the refugee status in Romania and benefit from the corresponding rights, the foreign national or stateless persons shall carry out the asylum procedure in Romania.
Refugees have the same rights as Romanian citizens, except for certain rights that only Romanian citizens have, such as the right to vote or to be elected in public positions.
Finally, once acquired, the refugee status in Romania is granted for an indefinite period of time.
Ukrainians entering Romania can get help without seeking for asylum
Foreign citizens or stateless persons that arrived from the Ukrainian area of the military aggression who enter the territory of Romania and who do not request any form of protection can benefit from certain basic necessities during their temporary stay.
Thus, they will benefit from food, clothing, personal hygiene materials, medical care and the right to be included in national public health programs in Romania.
Also, elderly people with reduced mobility or that are in a situation of dependency will benefit upon request and free of charge from social assistance.
Given the armed conflict in Ukraine, the Romanian authorities have received recently a lot of asylum applications in Romania.
Since February 24 over 20,000 asylum requests were made and 927.592 people entered from Ukraine. It is estimated that around 15% are still in Romania.