What is a "foreigner" in Romania? Is an EU citizen a foreigner in Romania?
Introduction
This article was created based on a dialogue between myself and ChatGPT, an advanced language model developed by OpenAI. Through a series of questions and answers, we explored the concept of what it means to be a "foreigner" in Romania, particularly in the context of European Union citizens. The goal is to clarify legal definitions, common misconceptions, and the everyday implications for EU residents living in Romania.
Q: technically, an EU citizen can be defined "Străin" by a Romanian authority?
ChatGPT: Yes — technically, under Romanian law, even an EU citizen can be referred to as a "străin" (foreigner), but with a legal distinction.
Here’s how it works:
General Use of "Străin":
The word "străin" in Romanian means foreigner, and it can be used broadly to refer to any non-Romanian citizen, including both EU and non-EU nationals.
Legal Specificity:
In legal terms, Romanian legislation differentiates between:
- Străini din țări terțe (third-country nationals) — defined in OUG nr. 194/2002, as mentioned earlier.
- Cetățeni ai Uniunii Europene și membri de familie — regulated separately under OUG nr. 102/2005.
Therefore:
An EU citizen is a foreigner (not Romanian), so Romanian authorities may use the term "străin" in a general context.
But in legal or administrative contexts, they are usually not treated as "străini" under OUG 194/2002, because that ordinance explicitly applies only to third-country nationals.
In short:
Yes, EU citizens can be referred to as "străini" linguistically, but not legally in the same way as third-country nationals are. Authorities should apply the correct legal framework depending on the person's status.
Here is a comparative table showing how Romanian law treats EU citizens versus third-country nationals, including the use of the term "străin" (foreigner):
| Category | EU Citizen | Third-Country National |
|---|---|---|
| Legal Term in Romanian | Cetățean al Uniunii Europene | Străin (din țări terțe) |
| Visa Requirement | No | Yes |
| Right to Work | Yes | Requires permit |
Summary
EU citizens are "foreigners" in a general sense, but they are not classified as "străini" in the same legal sense as third-country nationals.
Romanian authorities apply different legal regimes: EU citizens are governed by EU free movement laws and OUG 102/2005, while third-country nationals fall under OUG 194/2002.
Use of the word "străin" without context can cause confusion, especially in administrative language.
According to Romanian law, an EU citizen is defined as any individual who holds the nationality of one of the member states of the European Union. Romanian legislation aligns with EU directives and treats EU citizens distinctly from third-country nationals.
A key legal reference is OUG nr. 102/2005, which governs the free movement of EU citizens and their family members within Romanian territory. According to this ordinance:
"Cetățean al Uniunii Europene" este orice persoană care are cetățenia unui stat membru al Uniunii Europene.
This status grants them rights such as:
- Entering Romania with a valid ID or passport;
- Residing in Romania for up to 3 months without conditions;
- Staying longer than 3 months if they are workers, self-employed, students, or have sufficient resources and health insurance;
- Registering their residence to receive a Certificate of Registration ("Certificat de înregistrare");
- Applying later for a Permanent Residence Card after five years of continuous legal residence.
In Romanian law, a third-country citizen (cetățean al unei țări terțe) refers to any individual who is not a citizen of an EU member state, the European Economic Area (EEA), or Switzerland.
The definition is provided in OUG nr. 194/2002 privind regimul străinilor în România, which regulates the legal status of foreigners (străini) on Romanian territory.
“Străin” – persoana care nu are cetățenia română și nici cetățenia unuia dintre statele membre ale Uniunii Europene, ale Spațiului Economic European ori Confederației Elvețiene
A third-country national is:
- Not Romanian
- Not an EU citizen
- Not a citizen of Iceland, Liechtenstein, or Norway (EEA)
- Not Swiss
These individuals are subject to different rules than EU citizens. For example, they:
- Require visas to enter Romania (in most cases)
- Must apply for residence permits instead of registration certificates
- Are subject to stricter requirements for work, study, or family reunification
- Cannot benefit from the same level of free movement rights as EU citizens
✍️ I've updated this topic on my new blog on lifeinromania.eu — read the latest version here: What is a “foreigner” in Romania? Is an EU citizen a foreigner in Romania?
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