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I found this question here regarding a situation similar to my question except that this guy is getting married. In one of the answers EU Treaty article 39 is mentioned saying that he can also live in the EU if he is actively living with someone from the EU who has a job.

My case, I work for US companies remotely and my girlfriend lives in Romania. I always have to leave before 90 days and come back to the US for another 90 days in order to avoid overstaying the US 90/180 day limit for the EU. I would like to be able to stay with her as long as I want but it is not likely that we will marry anytime soon. While I am there, we live together though.

So my question is, what documentation or other methods are required to prove that we live together while I am in Romania so that I can be granted residency or whatever permissions I need to be able to stay?

I would have asked in the comments but I do not have enough rep to do so.

  • Is your girlfriend a Romanian citizen? – Gala Oct 2 '14 at 20:28
  • Yes, she is a Romanian citizen – MikeV Oct 2 '14 at 21:57
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    Then in fact EU law usually does not apply (the only way it could in theory apply is through what's called the Surinder Singh route but that's pretty arcane). What you read about the treaty, getting married, etc. would only be relevant if she moved to another EU country with you. – Gala Oct 2 '14 at 22:08
  • @Gala I understand. It covers her and a live-in partner in the case that she moves to another EU country. I guess the question is, how does one become a live-in partner at the country of origin? – MikeV Oct 2 '14 at 22:20
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It's sometimes possible to be recognized as the family member of an EU citizen based only on a civil union or registered partnership, but, according to the EU website, Romania does not recognize those. The only real option to invoke EU law is therefore marriage.

Otherwise, the rights granted by the EU treaty to relatives do not apply and you need to qualify for a Romanian visa based on your own situation. The Romanian Ministry of Foreign Affairs provides a description of the various types of visa available but it's quite difficult to understand. I have no idea if you qualify for one of those while working remotely.

  • Yes... I have also seen the various visas available for Romania but they are extremely confusing. – MikeV Oct 2 '14 at 22:03
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    @MikeV Unfortunately, in your situation, I don't see how anything else would be relevant. Maybe someone with more experience of Romania than myself will chime in and provide a more specific answer or maybe your girlfriend can figure something out based on the Romanian-language part of the website but what I can tell you is that unfortunately EU law is of no help here (both because you are not married and because she is Romanian). – Gala Oct 2 '14 at 22:11
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Some countries, such as the Czech Republic, allow visas to be supported by Trade Licenses. These documents register you as self-employed and then support a visa on that basis. See if you can flip your US job to 1099 contractor and do that for Romania. You may also be able to leave your job on W2 and do that as long as you properly declare your income in Romania and pay all appropriate taxes. You will be able to use the Foreign Earned Income Exclusion on your US taxes. You should also check to see if there is a Social Security Totalization agreement you can avail yourself of to avoid double social insurance taxation.

In short, approach the problem like a migrant, not like someone who just wants to hang out and you may find more options.

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