In this article I will explain the requirements as well as the documents you need to regain Romanian Citizenship Art 10.
1. Legal basis of Romanian Citizenship
The Romanian Citizenship is regulated by the Law 21/1991, republished and modified.
Romanian Citizenship is the connection and belonging of a natural person to the Romanian State.
You can obtain Romanian Citizenship through:
- Birth
- By Adoption
- By request
Please read our previous article discussing the ways to obtain Romanian Citizenship: https://roimmigration.com/how-to-obtain-romanian-citizenship-a-comprehensive-guide/
2. Who can regain Romanian Citizenship Art 10?
The application to regain Romanian Citizenship Art 10 can be initiated by:
- persons who have lost their Romanian Citizenship; and
- their descendants up to and including the second degree (their children and grandchildren).
Quick note: If one of the spouses regains the Romanian Citizenship, it does not mean that the other spouse can automatically obtain the Romanian Citizenship.
2.1 Legal requirements to regain Romanian Citizenship Art 10
The applicant must fulfill the following requirements:
- by his/her behavior, actions and attitude, proves his/her loyalty to the Romanian State, does not commit or support actions against the rule of law or national security, and declares that he/she has not committed such actions in the past;
- has reached the age of 18 years;
- has legal means for a decent existence in Romania, under the conditions established by the legislation on the regime of foreigners.
- is known to be of good behavior and has not been convicted in the country or abroad, of a crime that would make him/her unworthy of being a Romanian citizen.
Pro Tip: Learn basic Romanian, as you will need it when you take the oath of allegiance to Romania.
3. What documents do you need to regain Romanian Citizenship Art 10?
- The application form. You will receive the form when you go to register the file.
- Two recent color photos 3,5 cm x 4,5 cm
- Your passport, original plus a certified/notarized copy with apostille
- Police certificate from abroad, original, apostilled and accompanied by a certified/notarized Romanian translation
- Your birth certificate, including marriage certificate and any court order for change of name, if applicable, original, apostilled and accompanied by a certified/notarized Romanian translation
- If you have never had Romanian Citizenship, you must provide for your parents / grandparents (former Romanian citizens) their birth certificates, marriage certificates, originals, apostilled and accompanied by a certified/notarized Romanian translation
- If you have minor children, their birth certificates, originals, apostilled and accompanied by a certified/notarized Romanian translation
- Proof of losing Romanian Citizenship. This can be either a certificate from the General Directorate of Passports, or the Certificate of Naturalization attesting that you have obtained a foreign citizenship.
- Any other documents that can prove that you or your parents/grandparents have fled Romania, such as old passports, visas, etc.
Pro Tip: Before registering the application to regain Romanian Citizenship Art 10, make sure that you don’t have any discrepancies in the documents when it comes to names, dates of births, and so on.
Consult with an experienced immigration attorney to know what to expect and how to address the discrepancies in the documents.
4. Steps to regain Romanian Citizenship Art 10
4.1 Registration of the application. Where can you register the application to regain Romanian Citizenship Art 10?
You can register the application to regain Romanian Citizenship Art 10:
- directly at the National Citizenship Authority in Bucharest, Romania or at its territorial branches; or
- at the diplomatic missions or consular offices of Romania in your country of domicile/residence. In this case, the file will be sent immediately to the National Citizenship Authority.
General rule: to apply in person
Exception: by power of attorney under certain conditions
After the file registration, the President of the Citizenship Committee will set the time limit for the discussion of the application to regain Romanian Citizenship Art 10.
4.2. Adjudication of the application by the Citizenship Commission
The Citizenship Commission verifies whether if the applicant fulfills all the requirements necessary to regain Romanian Citizenship Art 10. If additional documents are required, the President of the Citizenship Commission will issue a decision requesting to complete the file accordingly. Therefore, the applicant will receive an official notification and has the obligation to complete the file within six months from the date of the notification.
After examining the application and the supporting documents, the Citizenship Commission prepares and sends a report to the President of the National Citizenship Authority. The report mentions that the applicant fulfills all the requirements to regain Romanian Citizenship Art 10.
In case of a negative report, the applicant can register another application after 6 months form the rejection of the previous application.
Pro Tip: Consult an experience immigration attorney to make sure you have a well-prepared application and that your documents are complete and properly organized. This will save you time and money and increase your chances of having your citizenship application approved.
4.3 Citizenship Approval Order of the President of the National Citizenship Authority
The President of the National Citizenship Authority has the authority to issue the approval order to regain Romanian Citizenship Art 10. The applicant will receive the Citizenship approval order by official communication.
In case of a denial order, you can contest it within 15 days from the date of the notification you received, before the Administrative and Fiscal Litigation Section of the Bucharest Court: https://portal.just.ro/3/SitePages/contact.aspx?id_inst=3 . You can appeal the decision of the court before the Administrative and Fiscal Litigation Section of the Bucharest Court of Appeal: https://portal.just.ro/2/SitePages/contact.aspx?id_inst=2
4.4. Oath of Allegiance to Romania
The applicant regains Romanian Citizenship from the date of taking the oath of allegiance to Romania.
The Oath of Allegiance to Romania is as follows: “Jur să fiu devotat patriei şi poporului român, să apăr drepturile şi interesele naţionale, să respect Constituţia şi legile României“
After successfully taking the oath, you will receive the Romanian Citizenship Certificate with security features and your passport color photo affixed.
When can you take the Oath of Allegiance to Romanian?
Within 6 months from the date of the notification of the Citizenship approval order of the President of the National Authority for Citizenship to regain Romanian Citizenship Art 10.
Important note! You may request an extension of time to take the oath only once. You must submit your request before the deadline and include supporting documentation.
The President of the National Authority for Citizenship or the Head of the Diplomatic Mission or Consular Post of applicant’s country of residence approves the extension request.
Where can you take the Oath of Allegiance to Romanian?
There are two scenarios:
- Applicants who have applied to regain Romanian Citizenship Art 10 with establishing the residence/domicile in Romania. They will take the oath before the Minister of Justice or the President of the National Citizenship Authority or one of the two Vice-Presidents of the Authority delegated for this purpose.
- Applicants who have applied to regain Romanian Citizenship Art 10 with maintaining their residence/domicile abroad. They will take the oath of allegiance before the Head of the Diplomatic Mission or Consular Office of Romania in the country of domicile, within the time limit established by law.
5. Frequently Asked Questions
Question: Can the applicant’s minor children be included in his/her application to regain Romanian Citizenship Art 10?
Answer: Yes, they can. In Romania, minor children are those who have not reached the age of 18.
Question: What is an Apostille?
Answer: The Apostille is a special certification that it is affixed to the original document to verify that it is legitimate and authentic. This way you can use the document in another country that is member of the Hague Apostille Convention.
The Apostille was introduced by the Hague Convention in 1961 to facilitate the simplified legalization of documents between member countries.
Typical documents that can bear an apostille include: birth certificates, marriage certificates, name change court orders, adoption decrees, divorce decrees, and much more.
Question: What countries are part of the Hague Apostille Convention?
Answer: Please check this link to see if your country is part of the Hague Apostille Convention: https://www.hcch.net/en/instruments/conventions/status-table/?cid=41
Question: Can I change the place where I take the Oath of Allegiance to Romania?
Answer: Yes, you can. However, you must have the appropriate approval of the competent authorities. For example, if you have applied to regain Romanian Citizenship Art 10 with maintaining your residence/domicile abroad, you may take the oath in Romania at the National Citizenship Authority only with the approval of the Head of the Diplomatic Mission or Consular Office of Romania in the country of residence/domicile.
Question: What happens if I can’t take the Oath of Allegiance to Romania in the required time?
Answer: Failure to take the oath of allegiance within the legal period of 6 months, will terminate the effects of the approval order to regain Romanian Citizenship Art 10.
Question: Can I apply for a Romanian passport after receiving the Romanian Citizenship Certificate?
Answer: Yes, but you must first obtain the transcription of your vital status documents from abroad with the Romanian authorities. Examples of vital records documents to transcribe: birth certificate, marriage certificate, any court order for name change, divorce decrees. Check the official site of the Vital records authority of District 1 Bucharest:: https://dpepscs1.ro/
Question: What happens if the applicant dies before taking the oath of allegiance to Romania?
Answer: If the applicant dies before taking the oath of allegiance to Romania, he/she will be recognized as a Romanian citizen upon the request of his/her legal successors. The legal successors of the applicant must submit the request within one year from the death of the applicant.
Question: Where can I check the status of my Romanian citizenship application?
Answer: You can check the status of your application on the official website of the National Citizenship Authority by searching for the file number assigned to you: https://cetatenie.just.ro/stadiu-dosar/
DISCLAIMER: The information in this article is for general information purposes only. One should not consider it as a legal opinion or advice. In addition, this information is not meant to establish an attorney-client relationship.
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Want to know if you qualify to apply for Romanian citizenship? Contact us to schedule an initial consultation to determine if you meet the eligibility requirements and what the best strategy is for your case: https://roimmigration.com/contact/
