Moldova citizenship by Marriage – How Does It Work
How can you become a Moldova citizen through marriage
Quite often, we receive calls and messages from foreigners with the question – can I obtain Moldovan citizenship based on marriage with a citizen of the Republic of Moldova?
At first glance, the question is quite simple and we could limit ourselves to a simple answer – yes you can. However, we cannot limit ourselves to this, because there are many circumstances that require clarification.
Indeed, the Law provides the right of foreigners to acquire Moldovan citizenship based on marriage, but the first thing you need to pay attention to is the conditions under which this provision is applied.
The citizenship of the Republic of Moldova can be granted, on the basis of the application, to a foreign citizen who is married with a Moldovan citizen, but, just in case if the marriage have been concluded at least 3 years ago, and the foreign citizen has lived continuously in the country during the last 3 years.
The normative acts that regulate the rules of stay in Moldova allow foreigners to stay in the country for the duration of the visa, in the case of citizens of countries with which Moldova has a visa regime, or for 90 days within six months, in the case of citizens of countries with which Moldova is in a visa-free regime. Accordingly, after the expiration of the above terms, the foreigner must leave the country, thus interrupting the period of continuous stay.
A foreigner can stay legally and continuously in the country for 3 years, only if he will obtain a residence permit, in our case – for family reunification, thus the period of the foreigner’s legal and permanent stay in the country will be calculated from the day when he obtained the right to stay in Moldova. The day when the document confirming the right of residence of a foreigner on the territory of the Republic of Moldova was issued will be considered the date from which the term of continuous staying in Moldova should be calculated.
The stay of the foreigner in the territory of the Republic of Moldova is considered legal and continuous if, after obtaining the right of residence:
a) he did not emigrate from the Republic of Moldova;
b) his right of residence has not been revoked;
c) the extension of the right of residence took place consecutively.
It should be noted, that the law does not separate the procedure for obtaining citizenship by a foreigner based on marriage into a separate category and the situation itself, with some differences, is included in the provisions of the law concerning the naturalization, which, in addition to certain periods of legal stay, also imposes on the foreigner the obligation to know and respect the provisions of the Constitution, to have legal sources of income, as well as to take an exam to assess the degree of knowledge of the Romanian language.
The procedure for evaluating the degree of knowledge of the provisions of the Constitution and of the Romanian language is established by a decision of the Government.
To participate in the exam, the foreigner must present the following documents:
1) application to register for the exam;
2) copy of the national identity document;
4) also, if available, the copy of the graduation certificate of the Romanian language courses, issued by an institution whose program has been approved by the Ministry of Education and Research.
In case of successful passing of the exam, for the foreigner is issued a confirmation certificate within 10 days.
Generalizing the above, we conclude that the foreigner can apply for the citizenship of the Republic of Moldova based on marriage and on the grounds provided by the law, regarding naturalization, only by meeting all the requirements specified above.
The above is intended to provide a brief guide only. It is essential that appropriate professional advice from a Citizenship Lawyer is obtained. Our office will be glad to assist you in this respect. Please do not hesitate to contact us.
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Written by : Law Office Viorel Furtuna
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December 21, 2024
December 21, 2024