Immigration
Romania | Changes to the immigration law as regards the right of foreign nationals to work and stay in Romania, starting with 8 March 2024
Summary
On 5 March, the Law no 28/2024 regarding the amendments and completion of the laws related to the foreign nationals (“the Amendments Law”) was promulgated, bringing changes to Governmental Ordinance no. 25/2014 on employment and secondment on the Romanian territory and Emergency Ordinance 194/2002 on legal status of foreigners in Romania. The Amendments Law will come into force on 8 March 2024 and announced significant changes regarding the right of work in Romania for the following categories of foreign nationals: permanent workers and highly skilled workers as well as in terms of right of stay in Romania for the following categories of foreign nationals: permanent workers, highly skilled workers, highly skilled workers within a mobility, holders of a long-term residence permits and corresponding family members.
The detail
The most important changes in respect of obtaining the right of work
New categories of foreign nationals that are exempted from obtaining work authorisation are introduced, such as for those who are holders of:
It is permitted for students to conclude employment contracts without obtaining a work authorisation with employers in Romania, for working time of 6 hours/day instead of 4 hours/day as in the past.
It is mandatory to obtain work authorization in Romania for foreign nationals to be employed as highly skilled worker, even if such individual has acquired any form of protection in Romania.
There are also some changes in the procedure of obtaining the work authorisations for permanent workers and highly skilled workers, as regarding:
In order to verify the fulfillment of the general conditions, the representatives of the immigration authorities can carry out inspections at the headquarters or workplaces of employers.
It is introduced the obligation to fulfill the selection procedure similar to the case of permanent workers.
Another amendment brought by the Law provides that job positions in IT area under the specific category “Managers in information and communication technology services” and “Specialists in information and communication technology” can be occupied by the foreign nationals only if they have superior professional competences in terms of knowledge, skills and competences attested by at least 3 years of relevant professional experience within 7 years before submitting the application for the issuance of an EU Blue Card.
The most important changes in respect of obtaining the right of work stay
Permanent workers
The residence permits for permanent workers will be valid for a period equal to the validity of the employment contract, but not more than 2 years.
Highly skilled workers
The EU Blue Cards will be valid for a period equal to the validity period of the employment contract plus 3 months, but not more than 3 years.
The host entities’ obligation of notifying the General Inspectorate for Immigration regarding the end of the employment contracts for all categories of workers was modified. Thus, the filing term is maximum 10 days from the date of the event. The same filing term is applicable for employees.
The foreign nationals are not restricted to extend the right of stay in Romania in case the proof of the health insurance cannot be provided from a reason not attributable to the foreign national. In such a case the foreign national is required to clarify this situation with the current employer or finding a new employer within 180 days from the date he is officially informed by the immigration authority.
Highly skilled workers within a mobility
New facilities were introduced for foreign nationals holders of a EU Blue Card issued by a Member State that fully applies/ does not fully apply the Schengen acquis. These categories of individuals can enter Romania and start performing economical activities for a limited period without a work authorization.
Also, foreign nationals holders of an EU Blue Card have the right to enter, establish residence and work in Romania on a highly qualified job position, without a work authorization, after 12 months of legal stay in the first Member State or after 6 months of legal stay in the second Member State. They have the obligation to request the issuance of an EU Blue Card within a maximum of one month from the entry date in Romania. The acknowledgement of the study diploma is required during this process.
Obtaining the long-term residency permit
The foreign nationals are required to make available the proof of support means at the level of the actual gross minimum salary per economy in Romania for a period of at least 12 months, except for foreign individuals family members of Romanian citizens.
Family members
The family reunion approval is accepted to be filed with the General Inspectorate for Immigration by a highly skilled worker when submitting the EU Blue Card application. The approval will be issued at the same time as the EU Blue Card will be.
The sponsor must make available the proof of support at the level of 3 times of the actual gross minimum salary per economy in Romania/family member, in addition to the salary level he needs to have, depending on his purpose of stay in Romania. Also, the sponsor might be invited to participate in an interview with the immigration authorities’ representatives if they consider necessary.
The family members have the obligation to file the residence permit application with the immigration authorities in maximum one month after entering Romania based on the long-term visa for family reunion.
The family members have the obligation to prove means of support at least at the level of actual gross minimum salary per economy in Romania for the period for which the extension of the family members’ right to stay in Romania is requested or, as the case may be, for a period of at least 12 months, if the sponsor is the holder of a long-term right of residence or of a temporary right of residence granted for a period longer than one year.
Please contact Vialto for assistance with any of the services above.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Irina Marinescu
Director
Alina Dumitru
Manager
Specific queries on the above can be send to the email address: ro_vialto_immigration@vialto.com
Further information on Vialto Partners can be found on our website: www.vialtopartners.com
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Contact us on the following address – me-immigration@vialto.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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Further information on Vialto Partners can be found here: www.vialtopartners.com
Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.
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