Romania - 2012
Does the law provides for legalizing the situation of illegal immigrants in order to ensure their right to work and access to social protection and care?
- Code:
- RED62
- Key Area:
- Employment
- Strand(s):
- Equality
| Short Answer |
In exceptional cases the law provides the right not to be return to certain categories of foreigners and gives them a very poor status of "tolerated person". |
| Qualitative Info |
Article 102 and the following of the Government Emergency Ordinance No.194 of 12 December 2002 regarding the status of foreigners in Romania, amended prescribes the conditions for being tolerated on the territory of Romania for foreigners who do not fulfill the conditions to be granted a residence right and they have objective reasons not to leave Romania. [1] A 2009 UNHCR report described the status of toleration in the following terms: "the authorities understand this form of legal status to be permission to stay, but not a right to actually do so (…) the only long-term solution is legislatively modifying the relevant laws so that these persons can be provided the basic rights with which they can sustain themselves". [2] According to 2011 legal amendments to the GEO 194/2002, tolerated persons have access to the labour market under the same conditions as Romanian citizens. (Art.104.(51)). This is the only right specifically granted through the 2011 amendments. Sources: 1. Government Emergency Ordinance No.194 of 12 December 2002 regarding the status of foreigners in Romania 2. UNHCR, Being a refugee. How refugees and asylum seekers experience life in Central Europe, 2009, p. 53, available at: http://www.unhcr-centraleurope.org/pdf/what-we-do/age-gender-and-diversity-mainstreaming/being-a-refugee-2009.html (01.03.2012) |
| Groups affected/interested | Migrants, Asylum seekers |
| Type (R/D) | |
| Key socio-economic / Institutional Areas | Employment - labour market, Integration - social cohesion |
| External Url | http://www.avocatnet.ro/content/articles/id_12138/OUG-nr-194-2002-privind-regimul-strainilor-in-Romania-republicata-la-05062008.html |
| Situation(s) |
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| Library |
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