A refugee is a foreign citizen who, based on well-founded reasons, cannot or no longer want the protection of their country of origin, or the country in which they resided. Well-founded reasons can either be represented by the fear of being subject to torture, inhuman or degrading treatment, or being persecuted in their country of origin for reasons of race, nationality, religion, belonging to a particular social group or for their political opinions, or, their life / freedom would be jeopardized.
What’s the difference between the persons with refugee status and the persons with subsidiary protection?
Subsidiary protection is granted when the alien does not meet all the requirements to be declared a refugee, and if returned to the country of origin their freedom / life would be put at major risk.
How do you become eligible of the refugee status or subsidiary protection?
In order to receive refugee status, the alien must personally submit a written request to the National Refugee Office or to the territorial authorities, as soon as:
- He/she was presented at a border checkpoint;
- He/she entered the Romanian territory;
- If they have a residence permit in Romania and in their country of origin have been under events that forces him/her to ask for protection
The documents for refugee status of a minor foreigner, who has not attained the age of fourteen, will be carried out by his legal representative, and minors over the age of fourteen may personally submit their applications.
After filing the application, the National Refugee Office issues to the foreigner a temporary identity document in Romania with an assigned a PIN, which provides him / her a residence permit and material support throughout the refugee status.
Within 30 days from filing the application, the National Refugee Office establishes whether or not to grant refugee status to the requester.
How long is the refugee status or subsidiary protection valid for?
The status of refugee or subsidiary protection are granted on an indefinite period of time.
What are the rights and obligations of the refugees and individuals under subsidiary protection?Among the rights of individuals holding protection, we list the below:
- To freely choose the place of residence and to travel freely;
- To be employed by individuals or legal entities, to practice unpaid activities, freelance professions and to carry out legal activities, to perform commercial acts, including independent economical activities, under the same conditions as Romanian citizens;
- To benefit from social insurance, social assistance and health insurance;
- To have access to all types of education;
- To receive, upon request and if needed, a reimbursable aid, set at the level of the minimum gross salary for the country, for a period of maximum 6 months, period that can be extended up to 3 months for well-founded reasons.
The obligations of individuals under protection, are as follows:
- To respect the Romanian Constitution and Laws;
- To have correct and civilized conduct and to avoid any conflicts or incidents
on Romania’s territory;
- To respect the interior regulations of the National Refugee Office.
Can you be extradited if you have been granted refugee status or subsidiary protection?
Once acquired the status of refugee or subsidiary protection, the alien is protected against expulsion, extradition, return to the country of origin or to any other state where his or her life or freedom would be endangered.
Can an individual under protection be employed and what kind of positions can they have?
Individuals who have obtained refugee status or subsidiary protection receive from General Institute for Immigration – Asylum and Integration Directorate, residence permit, an identity document based on which they can be hired and which includes their name, surname, PIN, address.
There are no specific jobs for individuals with a refugee status or subsidiary protection, however without documents to attest their education, qualifications and work experience, they must enrol in school programs like “Second Chance”, or in competent non-governmental institutions to verify their knowledge and skills.
If individuals with refugee status or subsidiary protection do not find work, they can consult the National Employment Agencies, which are obliged to support them in their job search.
Gabriela is a HR expert with more than 10 years experience