Moldovan Residence Permit by Marriage | Family Reunification
When a person moves to another country, sometimes it can mean making new friends or business partners, but usually moving means parting with loved ones, whether it is a spouse, child or parents.
Therefore, people who have moved to another country seek their family members to join them.
At the same time, Moldovan citizens who have married foreigners want their spouse to have the right to legally reside in the country, work and enjoy other legal rights.
Taking into account that the family is the basic unit of society and its integrity is protected by international law, any state has an obligation to promote family reunification.
Thus, in the legislation of most countries there are provisions on family reunification, which usually apply to all family members (spouses, parents and dependent children).
The Republic of Moldova is no exception and has introduced its own legislation regulating family reunification and obtaining a residence permit on this basis.
What is family reunification?
Family reunification is considered the entry and stay in Moldova of family members of a citizen of Moldova, or family members of a foreigner legally staying on the territory of the Republic of Moldova, in order to preserve the integrity of the family, regardless of the date of establishment of family relations. In other words, a citizen of Moldova or a foreigner who has a residence permit in the country, regardless of what grounds, has the right to ask the state for a decision on family reunification and, accordingly, a residence permit for his family members.
What is a family reunification decision?
If a citizen of Moldova or a foreigner with the right to stay in the country submits an application for family reunification, the authority for foreigners considers it together with the documents substantiating the application and issues an appropriate decision. Thus, the decision on family reunification is a document that is issued by the authorized body for foreigners, on the basis of an application for the purpose of family reunification, from citizens of Moldova, or foreigners living in the country who have the right to stay in accordance with the law.
What is a residence permit for family reunification?
If a foreigner has received a decision on family reunification, he has the right to apply to the competent authority for foreigners for the right to temporary residence in the Republic of Moldova. If the application has been positively considered, the foreigner receives a temporary residence permit. If a foreigner legally resides on the territory of the country for three years on the basis of the acquired right of residence, he can apply for a permanent residence permit, and in case of marriage with a citizen of Moldova, he can apply for citizenship.
Conditions for obtaining a decision on family reunification
A family reunification decision is issued on the condition that:
a) There is no situation of polygamy;
b) The applicant submits proof of living space;
c) The applicant, who has the right to temporary residence has the means of his own maintenance. In addition, he must have the amount of at least one average monthly salary for each family member;
d) the foreigner complies with the conditions of entry into the Republic of Moldova provided for by law;
The provisions of paragraphs b) and c) do not apply to foreign applicants who have the right to permanent residence in the country and to citizens of Moldova.
Documents required to obtain the decision on family reunification and residence permit by marriage
To obtain the decision on reunification and a residence permit, the applicant attaches the following documents to the application:
a) copies of the national passport of the foreigner for whom the decision is required;
b) a copy of the passport of a citizen of Moldova or, in the case of a foreign applicant, a copy of a document confirming the right to stay on the territory of the Republic of Moldova;
c) documents of civil status, translated and certified/apostilled, if necessary, in the prescribed manner;
d) the consent of the other holder of parental rights to family reunification, if necessary.
Can the holder of a residence permit for family reunification work or start a business?
Foreign citizens who have the right to stay in Moldova for the purpose of family reunification can get a job, engage in entrepreneurial activities, or freely carry out professional activities under the same conditions as citizens of the country. As well as, foreigners with a residence permit are entitled to vacation and health care on the same general grounds as citizens of the Republic of Moldova.
Can a holder of a residence permit by marriage obtain Moldovan citizenship?
In general terms, a foreigner who has received a residence permit by marriage can obtain Moldovan citizenship by naturalization, however, the terms and legal requirements may be different. For example, if a foreigner received the right to stay on the basis of marriage with a citizen of Moldova, then after three years of marriage and legal residence in the country for 3 years, he can apply for citizenship. If the residence permit was obtained on the basis of marriage with a foreigner who has the right to stay in Moldova, then its holder will be able to apply for citizenship only after 10 years of legal residence on the territory of the Republic of Moldova.
HOW CAN WE HELP YOU?
In order to prepare and submit documents for a residence permit (including for marriage) without hassle, we recommend that you pay close attention to all the requirements of the law for all stages of the process. The ideal option to avoid mistakes is to seek help from qualified specialists.
Our company advises on any issues related to migration law and provides foreign citizens with legal assistance at all stages of obtaining a residence permit. By contacting us, you can be sure that with our professional participation, all documents will meet the necessary requirements and you guaranteed will be protected from any unpleasant surprises.