Romania transposed the Temporary Protection Directive on 4 May 2006 by Law No 122/2006 on asylum in Romania.

The Government activated temporary protection for displaced persons from Ukraine in Romania by Government Decision No 367/2022 on the establishment of conditions for the provision of temporary protection, as well as on the amendment and completion of regulations in the field of foreigners on 18 March 2022. The decision applied retroactively from 24 February 2022.

Temporary protection lasts for 1 year and was extended twice for a period of 6 months each. Temporary protection was then extended until 4 March 2026.

Legislation

Law No 122 of 4 May 2006 concerning asylum in Romania (Lege nr. 122 din 4 mai 2006 privind azilul în România, (18 May 2006)) and further amendments.

Implementing acts

Decision No 367 of 18 March 2022 on establishing conditions for ensuring temporary protection, as well as for amending and supplementing certain normative acts in the field of foreigners | Hotararea de Guvern nr 367/2022 privind stabilirea unor condiții de asigurare a protecției temporare, precum și pentru modificarea și completarea unor acte normative în domeniul străinilor

Decision No 898 of 7 September 2011 on establishing the form and content of residence permits, travel documents, as well as other documents issued to foreigners | Hotărâre nr. 898 din 7 septembrie 2011 privind stabilirea formei și conținutului permiselor de ședere, ale documentelor de călătorie, precum și ale altor documente care se eliberează străinilor.

Emergency ordinance No 15 of 27 February 2022 regarding the provision of humanitarian support and assistance by the Romanian state to foreign citizens or stateless persons in special situations, coming from the area of armed conflict in Ukraine | Ordonanță de urgență nr. 15 din 27 februarie 2022privind acordarea de sprijin și asistență umanitară de către statul român cetățenilor străini sau apatrizilor aflați în situații deosebite, proveniți din zona conflictului armat din Ucraina

Order No 3325 of 2 March 2022 on amending the annex to the Order of the Minister of Education No. 5.140/2019 for the approval of the Methodology on the academic mobility of students | Ordin nr. 3.325 din 2 martie 2022 privind completarea anexei la Ordinul ministrului educației nr. 5.140/2019 pentru aprobarea Metodologiei privind mobilitatea academică a studenților

According to Article 2 of Government Decision No 367/2022, amended by Government Decision No 1077/2022, the following categories of persons are eligible for temporary protection:

• Ukrainian citizens, regardless of when they arrived in Romania, as well as their family members*;
• non-Ukrainian third country nationals or stateless persons who benefited from international protection or equivalent national protection in Ukraine before 24 February 2022, regardless of when they arrived in Romania, as well as their family members*;
• non-Ukrainian third-country nationals and stateless persons who left Ukraine on or after 24 February 2022 and who prove that they have legal residence in Ukraine on the basis of a permanent residence permit issued in accordance with Ukrainian law, and who cannot return in safe and durable conditions to their country or region of origin, as well as their family members** – if the sponsor is recognised by the Romanian authorities as a beneficiary of temporary protection.

*Family members of persons referred to above in letter a) and b) are, irrespective of their nationality:

• husband / wife;
• minor and unmarried children of the beneficiary or of the husband/wife, born in or out of wedlock or adopted;
• other close relatives who lived together, as part of the family unit, when the events that led to the massive influx of displaced persons occurred and who were at that time totally or mainly dependent on the person referred to in letter a) or b) benefiting of temporary protection;
• other close relatives who lived together, as part of the family unit, when the events that led to the massive influx of displaced persons occurred and on whom the person referred to in letter a) or b) was at that time totally or mainly dependent and who cannot return in safe and durable conditions to their country or region of origin. In this case, the following are considered: lineal kinship up to the second degree (parents, grandparents, children, grandchildren) and collateral kindship up to the third degree (brothers, sisters, uncles, aunts, nephews).

**Family members who cannot return in safe and durable conditions to their country or region of origin, of the persons referred to above in letter c) recognised by the Romanian authorities as beneficiaries of temporary protection are:

• husband / wife;
• minor and unmarried children of the beneficiary or of the husband/wife, born in or out of wedlock or adopted;
• other close relatives who lived together, as part of the family unit, when the events that led to the massive influx of displaced persons occurred and on whom the person referred to in letter c) was at that time totally or mainly dependent. In this case, the following are considered: lineal kinship up to the second degree (parents, grandparents, children, grandchildren) and collateral kindship up to the third degree (brothers, sisters, uncles, aunts, nephews).

According to Article 132 of the Emergency Ordinance 194/2002 on the regime of foreigners in Romania, the GII (General Inspectorate for Immigration) handles unaccompanied minors on Romanian territory through the following measures: 

a) Establishing their identity and determining their how they entry into the country.

b) Regardless of how they entered Romania, they are accommodated in special child protection centres under the same conditions as Romanian minors.

c) Measures are taken to identify the parents, regardless of their place of residence, to facilitate family reunification.

d) Until their parents are identified, school-age minors have access to the education system.

e) The removal of an unaccompanied minor from the country can only be carried out after a prior assessment by the competent authorities, and only if the minor is sent to:

• Their identified parents, if they do not reside in Romania.
• Other family members, with their consent.
• A designated guardian.
• Suitable reception centers in the return country

The procedure initiated by the GII is considered completed in one of these situations:

a) family reunification of the minor has been achieved; 

b) the minor has been handed over to the competent authorities of the country of origin; 

c) in the case of non-identification of the minor's parents or other family members; 

d) the minor is not accepted in the country of origin.

In accordance with provisions of the Regulation (EU) 2018/1806 of the European Parliament and of the Council listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, Annex II, holders of a biometric passport can enter Romania visa-free and stay in the country for a total of 90 days in any 180-day period. In the absence of a biometric passport, displaced persons from Ukraine can enter without a document if they request asylum or temporary protection.

Security screening is performed at the border, in the registration phase by the Border Police or the Police, at their own initiative or at the request of the General Inspectorate for Immigration.

There is no health screening performed regularly when entering the country.

All arrivals are registered in the Foreigners information management system (Sistemul informatic de management al străinilor (SIMS)).

Conditions for transit of Romania by Ukrainian citizens, according to the Romanian Border Police website:

• Upon entering Romania, third-country nationals are required to meet the general entry conditions provided for in Article 6(1) of Regulation (EU) No 399/2016 establishing a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), as subsequently amended and supplemented.
• In the current context, as an exception, for humanitarian reasons, the Border Police representatives allow Ukrainian citizens (including citizens of other states residing in Ukraine) arriving from the conflict zone to enter the country without being required to have an entry visa, on the basis of documents proving their identity, in accordance with the provisions of Article 6(5) of Regulation (EU) 2016/399, a situation also applicable to those in transit (the following documents issued to third-party citizens by the Ukrainian authorities are recognized as travel documents at the level of the Romanian state: passport or other replacement documents (travel document for minors, travel title)).
• The legal norms regulating the exit of third-country nationals from the territory of Romania, represented by the Emergency Ordinance No 194/2002 on the regime of foreigners in Romania, as subsequently amended and supplemented, only impose the obligation to present a valid travel document at the border control.
• The verifications regarding the fulfilment of the conditions for entry/exit into/from the country are carried out by the Romanian Border Police personnel present at the border crossing points.

Information material

Information platforms (websites)

• The General Inspectorate for Immigration has a dedicated page with information on temporary protection
• The Government of Romania launched the website protectieucraina as the official platform of the government for persons displaced from Ukraine (launched in May 2022)
• The Government of Romania also has a dedicated page with information about the strategy that was put in place and the rights of those fleeing Ukraine
• The FILIA Center and Code for Romania, with the support of the ANAIS Association and the Independent Midwives Association, developed the website https://womencenter.info/ro to support displaced persons from Ukraine with health and safety information. The website was launched in October 2022 and includes information on the public health system and on accessing reproductive health services (contraception, breastfeeding, prevention of sexually transmitted diseases, pregnancy monitoring, abortion, etc.)

Leaflets

• On safety measures for Ukrainians. Prepared by eLiberare, together with Platforma ProTECT and ANITP
• A list of lawyers and their contact details available for legal assistance. Prepared by the Romanian National Union of Bar Associations

Other

The "Emergency Support" Platform  coordinates the efforts of government institutions, civil society, the private environment, national and international organizations to provide resources for emergency support

A Roof | Un Acoperis, a platform that centralises offers and demands for accommodation for those fleeing Ukraine.

IOM Romania provides information for people entering Romania from Ukraine here and here

EUAA Booklets

EUAA Booklet on Temporary Protection in Romania also available in UA and RU

The procedure for granting temporary protection is a brief administrative process conducted by the General Inspectorate for Immigration at border points, transit areas, or territorial offices.

Beneficiaries are registered at regional centres for asylum applicants or immigration offices based on their place of residence. Their facial image and key personal details, including name, date of birth, citizenship, marital status, and address (if known), are recorded and stored in the Aliens Management Information System (SIMS).

Authorities use the Solidarity Platform to verify if the individual has received temporary protection in another EU+ country. Residence permits, issued free of charge, follow the format outlined in Government Decision No 898/2011.

A personal numerical code is assigned to each beneficiary. Under Government Decision No 505/2024, the address of residence is now included on the permit, and beneficiaries must request updated permits within 180 days, although their rights remain valid even without renewal. Temporary protection has been extended until 4 March 2026, with permits automatically remaining valid.

Exclusion from temporary protection applies to individuals involved in crimes against peace, war crimes, crimes against humanity, serious non-political crimes, or acts against the United Nations' principles. Additionally, those deemed a security threat or convicted of a particularly serious crime may also be excluded.

The Ministry of the Interior and the EUAA signed the latest operational plan for Romania for 2025-2026 which foresees assistance measures on temporary protection (registration of temporary protection beneficiaries).

The provision of reception and accommodation for beneficiaries of temporary protection is done on the basis of Law No 122/2006 on asylum in Romania and on the special provisions of Government Emergency Ordinances Nos 15/2022 and 20/2022 concerning support and humanitarian assistance provided to those fleeing the armed conflict in Ukraine.

The General Inspectorate for Immigration is responsible for accommodation, if needed, in structures already available for international protection applicants. Cash assistance is no longer provided (see details below).

Initial reception

The initial reception and processing is done at the border crossing points between Ukraine and Romania and Moldova and Ukraine, in mobile camps set up by the General Inspectorate for Emergency Situations and the General Inspectorate for Immigration. In these temporary reception centres persons receive temporary accommodation, food and drinks, medical care and psychological assistance.

Accommodation

Various central and local authorities are responsible with ensuring access to rights for beneficiaries of temporary protection.

There are 12 Regional Integration Centres that offer support for beneficiaries of temporary protection. These centres are funded by the Asylum, Migration and Integration Fund. See further information here and here.

For private accommodation, the Government of Romania in collaboration with Code for Romania and civil society developed the platform A Roof | Un Acoperis that centralises private offers and demands for accommodation for those fleeing Ukraine: https://unacoperis.ro/ro 

Until 1 May 2023, based on Government Emergency Ordinance No 15/2022, Article 1(10), private persons could claim the reimbursement of expenses for food (20 RON/person for food). From 1 May 2023, Government Emergency Ordinance No 15/2022, Article 1(10), was amended to provide that families and single individuals, beneficiaries of temporary protection may benefit from a monthly lump sum for a maximum of 4 consecutive months, but no later than 30 June 2024, to cover accommodation and food expenses, granted from the budget of the county emergency inspectorates or the Bucharest-Ilfov Inspectorate for Emergency Situations. The amount, conditions and mechanism for granting the lump sum are established by decision of the Government. According to Article 1(13) of the Emergency Ordinance No 15/2022 the lump sum is provided for each family or single person, if there is no family.

On 28 March 2024, the Government amended Emergency Ordinance No 15/2022, Article 1(10), to extend the benefit provided for the 4 consecutive months, until 30 June 2024, to cover accommodation expenses, granted from the budget of county emergency inspectorates or the Bucharest-Ilfov Inspectorate for Emergency Situations. The amount, conditions and mechanism for granting the lump sum are established by decision of the Government. According to Article 1(13) of the Emergency Ordinance No 15/2022 the lump sum is provided for each family or single person, if there is no family.

In addition, after the completion of the period of 4 consecutive months, beneficiaries have access to the unemployment insurance system, to measures to prevent unemployment and to measures to stimulate employment, granted following registration with the county employment agencies, respectively of the municipality of Bucharest, under the conditions established for citizens Romanian citizens by Law No 76/2002 regarding the unemployment insurance system.

According to Article 1(14) of the Emergency Ordinance No 15/2022, family is interpreted as spouses, parent(s) and/or their minor children, as well as the person with whom the minor child is staying according to the provisions of Article 136 para. (2) lit. a), b) and d) from Law No 122/2006.

Provision for means to obtain housing: Same as mentioned above.

Article 136 of Law No 122/2006 on asylum in Romania provides safeguards for unaccompanied minors beneficiaries of temporary protection.

In addition, unaccompanied minors benefit from the special protection provided in Law No 272/2004 on the protection and promotion of children's rights.

Articles 8 and 9 of Government Emergency Ordinance No 15/2022 provide that a Task Force for unaccompanied minors at the level of each county is created with the role of quickly identifying the most appropriate measure for the protection of unaccompanied minors.

The group is composed of representatives of the General Directorate of Social Assistance and Child Protection, of the county school inspectorate, of the public health directorate and of non-governmental organizations or of international bodies. The rules of organisation of the Task Force for Unaccompanied Minors are to be approved by joint order of the Minister of Family, Youth and Equal Opportunities, the Minister of Education and the Minister of Health. The coordination of the Task Force is done by a representative with a management position from the General Directorate of Social Assistance and Child Protection.

The activities of the Task Force may be attended, at the invitation of the coordinator, by representatives of other relevant institutions at local level, whose intervention may support the handling of cases of unaccompanied minors.

The procedure for cooperation between authorities on entry, registration, transit, stay and the protection of the rights of unaccompanied minors are approved by joint order of the Minister of Family, Youth and Equal Opportunities, the Minister of the Interior, the Minister for national education, the Minister of Health and the Minister of Development, Public Works and Administration.

Legal guardianship

Unaccompanied minors enjoying temporary protection are appointed with a legal representative as soon as possible.

Accommodation

During the period of temporary protection the unaccompanied minor may be accommodated:

• with adult relatives;
• with a host family;
• in reception centers with special facilities for minors or in other forms of accommodation suitable for minors;
• with the person who took care of the child when he / she left the country of origin.

In order to apply these provisions the consent of the adult or persons concerned is required. The opinion of the minor is taken into account, depending on age and maturity.

Education

Unaccompanied minors have the right to education in Romanian schools under the same conditions and with funding from the same budgets as for Romanian preschoolers and students (Article 10 of Government Emergency Ordinance No 15/2022).

They have the right to free accommodation in boarding schools, food allowance, supplies, clothing, footwear, textbooks.

The general directorates of social assistance and child protection of each county, with the support of the General Inspectorate for Immigration, will communicate to the county school inspectorates the list of unaccompanied minors in Romania (Article 13 of Government Emergency Ordinance No 15/2022). The list must contain at least the name and surname, age, level of education, language in which the minor can communicate, place where he lives, as well as information on identity documents / studies in the minor's possession.

Accompanied or unaccompanied persons with disabilities, who remain in Romania, may benefit, upon request, from the social protection services provided by law: sheltered housing, independent living training centres, rehabilitation, care and assistance centres, crisis centres.

Elderly people with reduced mobility or in a situation of dependency, who come from the area of armed conflict in Ukraine and enter Romania, may benefit, upon request, from social services in accordance with the legislation on social assistance for the elderly.

The local public administration authorities will have the possibility to hire social workers in the public social assistance services at local and county level and in the social services in which they are beneficiaries who come from the area of armed conflict in Ukraine and enter Romania, depending on their needs, for a determined duration, but not more than 3 years.

On measures concerning protection against trafficking in human beings, besides the national framework and internal procedure for early identification of vulnerable people, the authorities issued another internal instrument dedicated to displaced persons from Ukraine which contains indicators, steps for referral and contact information for competent authorities.

According to Article 140 of Law No 122/2006 on asylum in Romania, Romania cooperates in order to carry out the transfer of beneficiaries of temporary protection in Romania or in another state.

The transfer of beneficiaries of temporary protection will be carried out only with the consent of the persons concerned.

Romania communicates transfer requests to other Member States and notifies the European Commission and the UNHCR.

In the case of transfer requests addressed to Romania by other Member States, Romania informs the requesting Member State about the capacity to receive such transfers.

The Romanian General Inspectorate for Immigration may, at the request of similar institutions in other Member States, provide information on a beneficiary of temporary protection, if the information is necessary for a transfer.

On the date of the transfer of a beneficiary of temporary protection to another Member State, the residence permit ends its validity, as well as Romania's obligations towards the beneficiary of temporary protection.

If a beneficiary of temporary protection is transferred to Romania for the purpose of family reunification, the Romanian state grants temporary protection to the person concerned.

According to Article 137 of Law No 122/2006 on asylum in Romania, beneficiaries of temporary protection may apply for asylum at any time.

The examination of any unresolved asylum application before the expiry of the term of temporary protection shall be terminated at the end of that period.

Temporary protection is not granted at the same time with the status of asylum applicant, while the applications are being examined.

If, as a result of the application for asylum, no refugee status or subsidiary protection is granted to a person eligible for temporary protection, the person receives or continues to receive temporary protection until the expiry of the period for which this form of protection was granted.

In practice, displaced persons from Ukraine who applied for asylum in Romania withdrew their applications for asylum and preferred to register for temporary protection.