To:

• The President of Romania (Președintele României)
• The Parliament of Romania (Parlamentul României)
• The Government of Romania (Guvernul României)
• The Ministry of Internal Affairs (Ministerul Afacerilor Interne)
• The Ministry of Labour and Social Solidarity (Ministerul Muncii și Solidarității Sociale
• The Ombudsman (Avocatul Poporului)

Esteemed Representatives of the Romanian Public Authorities!

I, Iryna Arapova, a citizen of Ukraine, by profession a legal expert currently residing and practicing law in Bucharest, address you regarding a matter of paramount importance concerning thousands of Ukrainian citizens who have sought refuge in Romania.

Since the commencement of the full-scale armed aggression by the Russian Federation against Ukraine in February 2022, millions of Ukrainians have been forced to abandon their homes, seeking safety in other countries. Romania, demonstrating exceptional solidarity and humanity, has granted temporary protection to a significant number of these individuals, for which we are profoundly grateful.

However, despite the temporary nature of this protection, current realities indicate its prolonged duration, which has already exceeded three years. Throughout this period, many Ukrainians have actively integrated into Romanian society: they are employed, pay taxes, their children attend educational institutions, and families are building new lives in Romania.

The purpose of this petition is to initiate the necessary legislative amendments that would allow for the inclusion of the period of stay under temporary protection in the required length of residency for obtaining a permanent residence permit (PSP) and Romanian citizenship. We are convinced that such a step will not only be an act of justice towards Ukrainians who have long contributed to Romania's development but also a strategically advantageous decision for the Romanian state, fostering further mutually beneficial integration.

By adopting and implementing Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, Romania has demonstrated its commitment to the principles of European solidarity and humanism. Nevertheless, despite this support, current legislation does not fully reflect the actual duration and nature of the stay of individuals under temporary protection

We draw attention to the fact that Ukrainian citizens, having arrived in Romania amidst an unprecedented crisis and receiving temporary protection, found themselves in a unique situation, distinct from typical migratory flows. While general mechanisms for obtaining residence permits exist, designed for ordinary migration processes, the status of temporary protection was often perceived as a sufficient basis for legal stay, without awareness of the necessity for a parallel transition to other types of residence permits to accrue the required period for PSP. This has led to a situation where many Ukrainians, diligently working and paying taxes for over three years under temporary protection status, have de facto lost the opportunity to have this period included in the necessary timeframe for obtaining permanent residency and, subsequently, citizenship.

Such an approach creates an unjust inequality between Ukrainians under temporary protection and other categories of foreign nationals who have a clear and uninterrupted path to status legalization from the moment of arrival. The conditions of a mass influx, the psychological pressure of war, lack of information, and uncertainty regarding the future prevented many from timely utilizing other migratory procedures. Recognizing the period of temporary protection would eliminate this gap in justice and ensure full integration for those who have de facto already become part of Romanian society.

The current reality is that temporary protection for Ukrainian citizens in Romania has already lasted over three years. During this period, a significant portion of Ukrainians have not only adapted to new living conditions but have also actively engaged in the country's economic life. Thousands of individuals have become employed, started their own businesses (e.g., as sole proprietors or company founders), and diligently pay taxes and social contributions to the Romanian budget.

This contribution is substantial and tangible. Ukrainians purchase goods and services, rent housing, thereby supporting and developing various sectors of the Romanian economy. Their labor helps fill personnel shortages in many fields, and paid taxes support Romania's social programs and infrastructure projects. Ignoring this prolonged period of active economic participation and financial contribution would be unfair to these individuals and inefficient from the perspective of state management.

Despite their formal "temporary" status, many Ukrainians are not only physically present in Romania but are also deeply integrating into its social fabric. They are learning the Romanian language, adapting to the culture and customs, and forming new social connections. This integration is a bilateral process that enriches Romanian society.

It is particularly important to emphasize several aspects:

• Lost Legal Residency Period for Employed Individuals:A significant number of Ukrainians who arrived under temporary protection have officially taken up employment in Romania and have diligently paid taxes and social contributions throughout the period exceeding three years. However, due to insufficient awareness of complex migration procedures and the absence of a clear mechanism for "transitioning" from temporary protection status to other types of residence permits, these individuals have not formalized a residence permit. As a result, their prolonged period of legal stay and active work in Romania is not counted towards the required period for obtaining permanent residency (PSP) and citizenship. This creates an unjust gap where years of diligent integration and contribution to the country's economy simply "disappear" for the purposes of long-term legalization.
• Support for Families and Vulnerable Groups:Numerous Ukrainian families have reunited in Romania, where able-bodied family members work and pay taxes, supporting their elderly parents who have been here for over three years. These elderly individuals, often unable to independently obtain a residence permit due to various circumstances (including lack of awareness), are entirely dependent on the support of their children who diligently work in Romania. Recognizing the period of temporary protection for them is an act of humanity and support for family values.
• Investment in the Future and Youth: Ukrainian children and adolescents who arrived under temporary protection have attended Romanian schools, and many are now students at Romanian universities. They are pursuing their education in Romania, investing their time and effort into their own future and the future of the host country. If their period of temporary protection and subsequent study is not included in the required period for PSP, Romania risks losing these young, qualified specialists after university graduation. Conversely, a clear prospect of obtaining permanent status will incentivize them to remain in Romania, enriching its labor market with valuable human capital.

Ignoring these aspects of integration and the loss of potential brought by Ukrainians would be counterproductive to Romania's long-term interests and would contradict the principles of fair treatment towards those who have already become part of your society.

One of the key factors that has led to the situation described above is a significant lack of information and insufficient awareness among Ukrainian citizens regarding Romanian migration legislation and the possibilities of transitioning from temporary protection to other types of residence permits. In the context of a mass influx caused by war, the priority for many was simply to ensure safety and minimal living conditions, not to deeply study complex legal nuances.

As a legal expert who has personally experienced double forced displacement from Luhansk in 2014 and 2022, I attest that in extreme circumstances, when the priority is physical survival and ensuring family safety, a deep dive into complex migration and legal procedures becomes objectively impossible. Human resources and attention in such conditions are directed exclusively towards basic needs, not towards the analysis of legislative acts.

Consequently, many Ukrainians who have diligently worked, paid taxes, and integrated into Romania for over three years, were unaware that their temporary protection status is not automatically counted towards the required period for obtaining permanent residency or citizenship. This status uncertainty creates significant psychological pressure, hinders long-term life planning in Romania, and undermines trust in the system.

The absence of a clear and accessible "bridge" between temporary protection status and other types of residence permits that allow for the accumulation of residency period has led to the effective loss of these years of legal and productive stay. For individuals who have already established themselves in Romanian society, this gap is unjust and requires immediate resolution through the introduction of appropriate legislative amendments. This will ensure legal certainty and provide them with a deserved prospect of a stable future in Romania

In light of the arguments set forth above and with the aim of ensuring justice, effective integration, and legal certainty for Ukrainian citizens who are under temporary protection in Romania, we propose the initiation of the following legislative amendments:

• To Law No. 194/2002 (Government Emergency Ordinance No. 194/2002 on the regime of foreign nationals in Romania):Supplement the relevant articles regulating the calculation of permanent and continuous residency periods for obtaining a permanent residence permit (permis de ședere permanentă), with a clear provision that the period of an individual's stay under temporary protection (protecție temporară) shall be included in the required length of residency. This will ensure a logical and just transition from temporary to permanent status for those who have already demonstrated their integration.
• To Law No. 21/1991 (Romanian Citizenship Law No. 21/1991):Supplement the relevant articles defining the conditions and terms for acquiring Romanian citizenship by naturalization, with a provision that the period of an individual's stay under temporary protectionshall be included in the required minimum period of permanent residence on the territory of Romania. This step will recognize the actual length of stay and the contribution of these individuals, creating a clear path to full societal membership.

In conclusion, we reiterate that the legislative amendments initiated through this petition represent not only an act of justice but also a strategically important step for Romania. Recognizing the period of stay under temporary protection in the calculation of residency for obtaining permanent residency and citizenship will contribute to the full integration of Ukrainians who have long contributed to your country's development. Our aspiration is not only to integrate but to become full-fledged members of Romanian society, actively participating in its development and future. This will enable the retention of valuable human capital, strengthen social cohesion, and provide legal certainty for thousands of people building their future in Romania.

As a legal expert with many years of experience in state structures and the judicial system of Ukraine, including the drafting of legislative proposals, I am prepared for any collaboration and to provide comprehensive assistance in this endeavor.

We are profoundly grateful to Romania for its invaluable support and solidarity shown to the citizens of Ukraine during one of the most challenging periods in our history. This unprecedented situation has been a significant challenge for both us and Romania. We believe that through joint efforts, we can overcome this challenge, transforming it into opportunities for mutual enrichment and development. We trust that the Romanian authorities will demonstrate foresight and justice by reviewing this petition and introducing the necessary legislative amendments, which will align with Romania's interests and its European values.

Respectfully,
Iryna Arapova
Legal Expert