At a glance
Client: a third-country national, family member of a person settled in Romania
Area: immigration law, long-stay visa for family reunification
The problem: three successive refusals and a court judgment left without practical effect
Result: refusal overturned administratively, visa granted in under two months
The facts
The client had applied for a long-stay visa for family reunification and had been refused three times.
One of the earlier refusals had been successfully challenged in court, but the proceedings took about a year. The visa issued under the judgment was valid only for the period stated in the original application, a period that had already expired when the client presented himself at the border. He had to file a fresh application, which was refused for the third time. That is when he came to us.
What we did
We chose the administrative route, not the courts
Fresh proceedings would have meant another year, with the same risk of the visa expiring before it could be used. We filed an administrative challenge against the new refusal.
We showed the refusal ignored the earlier judgment
The argument demonstrated that the refusal had no legal basis and disregarded both the effects of the judgment already delivered and the family's particular circumstances. That prompted the competent authorities to reassess the file.
The outcome
Within two months of taking on the case, the refusal was set aside and the visa was granted. The client was able to rejoin his family in Romania.
What the file shows
A judgment obtained too late can be worthless in practice, if the visa is then issued for a period that has already expired. In visa files, speed matters as much as the merits.
The administrative challenge is underrated. Where a refusal is plainly unlawful, it delivers a result in weeks rather than years.
Frequently asked questions
My family reunification visa was refused. What can I do?
The refusal can be challenged administratively before the issuing authority and, separately, in court. The choice depends on the reason given and on how urgent the family's situation is.
How long does challenging a visa refusal take?
A well-documented administrative challenge is often decided within weeks. The judicial route usually takes around a year.
Can I simply file a new application instead of challenging the refusal?
You can, but if the reason for the refusal has not been addressed, a fresh application risks the same outcome on the same ground. That is exactly what happened in this file.
What if the visa expires before I win in court?
A visa issued under a judgment may cover only the period in the original application. If that has lapsed, the process starts again, which is why the timeline has to be managed from the outset.
Who can apply for family reunification in Romania?
Family members of a Romanian citizen or of a foreign national with a right of residence in Romania, under Emergency Ordinance no. 194/2002, on proof of the family relationship and the other statutory conditions.
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