🏳️‍🌈 LGBT Lawyer Oradea – Residence Rights & Legal Recognition of Same-Sex Partnerships in Romania

LGBT-friendly lawyer in Oradea. Legal assistance for same-sex couples regarding residence rights in Romania, EU free movement, and discrimination claims. Experienced in CJUE Coman case protections.

✅ Legal Residence for Same-Sex Partners in Romania – Your Rights under EU Law

If you are part of a same-sex civil partnership or marriage legally recognized in an EU country (e.g., Italy, Spain, the Netherlands), Romania is required to recognize that union for the purpose of granting residence rights, even though same-sex marriage is not yet legal under Romanian law.

📌 This was clearly established in the CJEU Coman and Hamilton Judgment (C-673/16), where the Court ruled:

Romania must recognize legal family relationships (including same-sex spouses or civil partners) established in another EU member state for the purpose of residence rights under EU law.

🛂 Right of Residence in Romania – Same-Sex Partner of a Romanian or EU Citizen

According to Directive 2004/38/EC, Article 7(2), a non-EU national who is a family member of an EU citizen has the right to reside in Romania if:

• The EU citizen (e.g., your Romanian partner) has stable residence in Romania
• You have sufficient financial resources and valid health insurance
• You can prove a legally recognized family relationship (e.g., civil union/marriage certificate from another EU country)

📍 Even if you are not married under Romanian law, Romania is obliged under EU law to acknowledge your relationship as valid for residence purposes.

❌ Discriminatory Administrative Practices – Birth Certificate Requirement

Romanian immigration law (Art. 62(3)(b)(i) of OUG 194/2002) sometimes requires:

A child’s birth certificate as evidence of a real family relationship.

This requirement, when interpreted rigidly, may be:

• ❌ Discriminatory against same-sex couples, who may not be able to have biological children
• ❌ In violation of the EU Charter of Fundamental Rights (Art. 7 – respect for family life) and Article 8 of the ECHR

🟢 Instead, proof of a civil union, joint residency, financial interdependence, or emotional commitment should be accepted – in line with European case law.

👩‍⚖️ How an LGBT-Friendly Lawyer in Oradea Can Help:

• ✍️ Drafting residence applications or appeals against IGI rejections
• 🧾 Preparing documentation for proving genuine relationships (civil union certificates, joint bills, etc.)
• ⚖️ Representing you in Romanian administrative or civil courts
• 📣 Filing discrimination complaints based on LGBT+ status or EU citizenship rights
• 💼 Providing guidance on how to protect your family rights in Romania

📩 Need to challenge a residence refusal in Romania?

If the General Inspectorate for Immigration (IGI) has rejected your right to stay, based on your sexual orientation or relationship status, you have the right to challenge this in court.

📞 Contact a trusted LGBT-supportive immigration lawyer in Oradea to protect your rights under EU law, the Charter of Fundamental Rights, and the European Convention on Human Rights.