ORIGOCitizenship by descent

Do you qualify for Romanian citizenship by descent? What an eligibility check examines

ORIGO Practice·

Prepared by the lawyers of the practice, which handles citizenship-by-descent cases (Legea 21/1991), including representation before the National Authority for Citizenship and the courts in Bucharest.

Reviewed by the practice's attorney, member of the Bucharest Bar (Baroul București) ·

Whether you qualify for Romanian citizenship through an ancestor depends on facts that can be established before a case is opened: where and when that ancestor was born, whether that place was under Romanian sovereignty at the time, which civil records still exist, and whether the line of descent from the ancestor to you can be documented. None of this requires translations, apostilles or a signed engagement. What it does require is names, places and approximate dates, together with someone who knows which of those details have legal significance.

The eligibility check is therefore a stage in its own right. It can end in one of three ways, and one of them is that there is no basis for a claim.

Why it makes sense to check eligibility first

When people first learn that they may be entitled to Romanian citizenship, the natural instinct is to start gathering documents: ordering certificates, arranging translations and apostilles, writing to archives. These steps feel concrete, and assembling a file looks like progress.

However, almost all of the cost and time in a citizenship case goes into recovering documents, particularly when the records are held in Ukrainian or Moldovan archives and have to be requested in a language the family may no longer speak. By comparison, working out which records actually matter for your claim is quick and inexpensive. Doing this first means that every document you later order has a clear purpose.

A document can be perfectly genuine and still not help a particular claim, because each document in the file has a specific job: to prove a birth, a marriage, a change of name or a link between two generations. Knowing in advance what each one needs to establish is what allows the file to be put together efficiently.

To take an example, imagine Rachel, who lives in Toronto. She knows that her grandmother was born in Czernowitz in the 1930s and later emigrated, but she has no documents from that period. Before ordering anything, the useful question is whether Czernowitz was Romanian at that time, which route the family would fall under, and which records from that town are likely to survive. The answers to those questions tell her exactly which documents are worth requesting.

What is examined, and in what order

The ancestor’s place and date of birth, compared with the borders at that time. This is the first question and often the decisive one. Between the two world wars Romania included Bessarabia, Bukovina and Transylvania, so a town that is now in Ukraine or Moldova may well have been Romanian when your great-grandfather was born there. The year matters as much as the place, because sovereignty over these regions changed within living memory.

Which legal position applies. Three situations are often confused. Some people are already Romanian citizens, and for them the procedure is confirmation of an existing status rather than an application. Others apply under Article 10, and others under Article 11. What separates those two articles is not the number of generations but the reason citizenship was lost. The difference is explained in Article 10 or Article 11, and the possibility that you already hold the status is covered in you may already be a Romanian citizen.

Which records exist, and where. A birth entry made in the 1930s and a certificate issued today are different documents, and an archival statement (a summary issued by an archive from its old registers) cannot be used in place of a civil status certificate. What can be obtained depends on how old the entry is and on who is requesting it. These details are covered in where an ancestor’s records are kept.

Where the chain of documents has gaps. Difficulties in a file usually arise not with the ancestor but with one of the links between the ancestor and the applicant: a marriage registered somewhere other than where one would expect, a surname spelled three different ways across four documents, or a date that differs by a year between records. These issues can usually be resolved, and the check is designed to find them early so that they can be dealt with before the file is assembled.

What is missing, and whether it can be recovered. Some gaps can be closed with a request to the right registry. Others cannot, because the register was destroyed or the entry was never made. This distinction decides whether the case proceeds on the basis of documents or on other means of proof.

Which filing route is realistic. The application is filed either by travelling to Romania in person, or at a consulate with a Romanian lawyer flying out to accompany the filing. Which of the two suits you affects both planning and cost, so it is helpful to know this at the start.

What the language requirement means for your timetable. Applications under Articles 10 and 11 require Romanian at B1 level, descendants are not exempt, and the certificate has to be filed by March 2027. The details are in the language requirement and its deadline. Because preparing for the exam takes time, it is part of the plan from the first conversation.

How the check can end

There are three possible outcomes, and each of them is a useful result.

A documented basis. The ancestry qualifies, the necessary records exist or can be obtained, and the work ahead is a defined list of steps.

A basis that depends on one record. The claim depends on a record that has not yet been located, typically an entry in an archive that has to be requested and read before anything else can be decided. In this case the conclusion is conditional, and it is presented to you as such.

No basis. The ancestor was born outside the relevant period or territory, the degree of relationship is beyond what the law covers, or there is a gap in the chain that no available record can fill. This answer is given clearly, because the purpose of the check is to tell you where you stand, whichever way the answer goes.

The engagement with the Romanian citizenship lawyer comes after the assessment rather than before it, because a lawyer is retained to run a case and the first step is to establish that there is one. What the case then requires of you in person, and where, is explained in applying in Bucharest or at a consulate.

What to send us to begin

Send whatever the family already has, even if it is incomplete: names as they were actually spelled at the time, places as they were called then rather than as they appear on a map today, approximate dates, and photographs of any documents that have survived, such as a page from an old passport, a marriage certificate, or a letter with an address on it.

A name and a decade are often enough to tell whether there is a basis worth pursuing, and if they are not, we will tell you that as well. Send us what your family has, and we will explain which records the case needs and what obtaining them costs.

Common questions

Can eligibility be established before ordering any documents?
Largely, yes. The ancestor's place and date of birth, compared with the borders in force at that time, already show which route may be available. Documents are then ordered to prove a claim that has been shown to be plausible, rather than to find out whether a claim exists at all.
What if the answer is that I do not qualify?
Then you are told so clearly, because an eligibility check is only useful if it can give either answer. Learning this at the start takes one conversation, whereas learning it after translations, apostilles and archive requests involves considerably more time and cost.
I have already paid for translations and apostilles. Are they still useful?
Often, yes. Civil status documents keep their value as long as they are authentic and relate to the right person, and apostilles issued on genuine records remain valid. Work is only lost when it concerns the wrong branch of the family or records that cannot prove the link that matters, which the check also identifies.
Do I need to hire a lawyer to find out whether I qualify?
No. The engagement with the Romanian lawyer is signed after eligibility has been established, not before. A lawyer is retained to run a case, so the first question to answer is whether there is a case to run.
Does the language requirement affect whether I qualify?
It affects what your route requires of you, not whether your ancestry qualifies. Applications under Articles 10 and 11 require a Romanian language certificate at B1 level, descendants are not among those exempt, and the certificate must be filed by March 2027. For that reason it is part of the planning from the first conversation.

What we can do

We locate and recover ancestral records from archives in Ukraine, Moldova and Romania, build the line of descent, and a Romanian lawyer files and runs the case in Bucharest. Start by telling us what you already have.

contact@origocitizenship.com · +40 759 128 902