At a glance
Client: a digital nomad, national of New Zealand
Area: immigration law, digital nomad visa
The problem: a return order issued because the extension procedure was unfamiliar
Result: decision annulled by the Brasov Court of Appeal, right of residence preserved
The facts
The client lived in Romania and worked remotely under a digital nomad visa. Extending the right of residence for that category was, at the time, a relatively new procedure.
The Brasov immigration office issued a return decision, essentially because the procedure was not established in practice. For the client it would have meant leaving the country and losing ongoing contracts.
What we did
We challenged it within the 10-day deadline
A return decision is challenged before the court of appeal within just 10 days of service. It is the shortest deadline in Romanian immigration law and, in practice, the one most often missed.
We built the file from official sources
We worked with the Embassy of New Zealand and the Romanian Embassy in Australia to obtain documentation confirming the client's actual situation, his remote work and his compliance with the conditions for extending residence.
The outcome
The Brasov Court of Appeal allowed the claim and annulled the return order. The client stayed in Romania and continued working.
What the file shows
Where a procedure is new, refusals often come from inconsistent practice rather than from the law. In such files, thorough documentation changes the outcome.
The 10-day deadline is the critical part. After it, the options narrow sharply, however strong the underlying position.
Frequently asked questions
I received a return decision. How long do I have to challenge it?
10 days from service, before the competent court of appeal. The deadline is short and cannot be extended.
What happens to my stay while the case is pending?
Challenging the decision in time generally suspends its enforcement. The position should be checked case by case, depending on the grounds of the decision.
Who qualifies for a digital nomad visa in Romania?
Non-EU nationals working remotely for companies registered outside Romania who meet the statutory income and insurance conditions.
How is digital nomad residence extended?
By application to the General Inspectorate for Immigration before the current right of residence expires, with evidence that the activity and income continue.
What if the authority is unfamiliar with the procedure?
File complete documentation with the legal basis expressly stated, and if the decision is still unfavourable, challenge it in court. That is the route this file followed.
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