RESIDENCE IN ROMANIA FOR WORK Do you want...

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Abdo Eglan

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RESIDENCE IN ROMANIA FOR WORK


Do you want to work in Romania and you are a citizen of a non-member state of the European Union and European Economic Space? You must find an employer and pass his tests. If he decides to employ you, he shall obtain a work permit for you. You are allowed to be employed in Romania by a single employer, either natural person or legal entity.

The employer shall obtain the work permit from the territorial units of the General Inspectorate for Immigration of the district where the employer has its registered office. To this end, he shall submit a series of documents.

Conditions for Obtaining the Permit
At the issuance of the work permit, the employer shall pay as follows:

v the work permits for permanent worker, temporary transferred worker, cross-border workers, probationers, nominal workers, sportsmen, the employer shall pay the equivalent in lei of Euro 200;
v the work permits for permanent worker – studies and seasonal worker, the employer shall pay the equivalent in lei of Euro 50;
v the receipt shall be presented in the original, bearing the signature and stamp of the treasury unit, paid in the account no. 20360150.

Should you not have Romanian citizenship or the citizenship of other member-state of the European Union or the European Economic Space, you may be employed in Romania, with work permit, if the following conditions are met:

1. The job vacancies cannot be filled by the Romanian citizens, the citizens of EU/EES member-states or by the permanent residents in Romania;

2. You met the special conditions of professional education, experience and authorization;

3. You prove you are medically able to perform the respective activity;

4. You don’t have any criminal record that is incompatible with the activity you perform or you are to perform in Romania;

4. You fall under annual quota approved by Government Decision;

5. The employer timely paid its obligations to the state budget;

6. The employer carries on the activity for which he requests the work permit;

7. The employer shouldn’t have been sanctioned for an undeclared activity or illegal employment.

The provisions of the point 1 above shouldn’t be met if you fall under the following categories:

v hold the position of administrator in a company with foreign participation and you are the only person appointed to that position;
v you are professional sportsman and you have proves that you have carried out a similar activity in other country;
v you apply for nominal work permit;
v you apply for work permit for cross-border workers;
v you are the owner of a stay permit for studies.

You need work permit in order to be employed in Romania, even if you fall under the following situations:
v you came from a state whose citizens need visa in order to enter Romania;
v you have temporary stay permit for studies and you want to become employed (you may work only under a part-time individual labor contract of maximum 4 hour program daily);
v you have the right to stay for family reunification purpose;
v you are temporary transferred in Romania.

Categories of Workers

Depending on the type of activity you want to perform in Romania, you may be employed as:

Permanent worker – you obtain a job in Romania under an individual labor contract, to one natural person or legal entity in Romania or to a representation, branch or subsidiary in Romania of a legal entity based abroad.

Probationer – you are employed and your presence in Romania is strictly limited in time, and for the purpose of improving professional education, linguistic and cultural knowledge.

Seasonal worker – you are employed in Romania, under a fixed-term individual labor contract, which cannot exceed 6 months in a 12 month interval.
The job is well defined, in a field of activity taking place depending on seasons.

Cross-border worker – you are employed in a border locality in Romania and you return every day or at least one day per week in the state where you reside and whose citizen you are and whose border is common with Romania’s.

Temporary transferred worker – you are employed to a foreign legal entity that may perform its activity in Romania. There are the following situations:

1. you are temporary transferred in Romania on behalf of the employing company, under a contract concluded between the company making the transfer and the beneficiary of the services rendered, which carries out its activity in Romania;
2. you are temporary transferred to a unit in Romania or to a company belonging to a group of companies located in Romania.

Highly skilled workers – you are employed under a valid labor contract, concluded for at least one year, to a natural person or legal entity in Romania, on a highly skilled job;

Please see the conditions and documents required to obtain the work permit, depending on its type:

1.work permit for permanent workers
2.work permit for temporary transferred workers
3.work permit for seasonal workers
4.work permit for probationers
5.work permit for sportsmen
6. work permit for cross-border workers
7. nominal work permit
8. work permit for highly skilled workers

Terms for work permit

• The General Inspectorate for Immigration settles the application for the work permit within 30 days from its registration. Should additional verifications be necessary, the interval may be extended by up to 15 days.

• The work permit is issued for maximum one year period, except for the work permit for seasonal workers and nominal work permit.
• The employer must register the individual labor contract concluded under the work permit with the territorial labor inspectorate, within the legal due term.

• The employer to whom the temporary transfer has been decided shall send to the territorial labor inspectorate where it has its registered office a communication on the temporary transfer of the foreign employees whose access on the labor market in Romania requires the work permit, with at least 5 days prior to starting their activity in Romania, but no later than the first day of activity.Any change in the elements stipulated in the communication shall be submitted to the territorial labor inspectorate within 5 days since its occurrence.

• The loss of the work permit shall be communicated to the General Inspectorate for Immigration within 3 days after ascertaining the loss. The damage or destruction of the stay permit for employment purpose shall be communicated to the General Inspectorate for Immigration within the same interval.

• On holder’s request, the General Inspectorate for Immigration shall issue a duplicate of the lost, damaged or destroyed work permit.

• The work permit shall remain in the employee’s possession. In order to prove the legality of the alien’s employment, the employer must hold a certified copy of the work permit or stay permit for employment purpose, as appropriate.

• The employer who hired an alien who doesn’t need a work permit must communicate to the General Inspectorate for Immigration the copy of the individual labor contract, copy of the temporary transfer document, and the documents attesting the membership in one of the categories provided in art. 5 letter g) and h), as the case may be.

• The employer who hired an alien must communicate to the General Inspectorate for Immigration, within 10 days, the modification or termination of the individual labor contract concluded with the alien who doesn’t need the work permit or, as appropriate, the termination of his temporary transfer.

• The permit loses its validity, resulting in its cancellation, if the 30 days from the date scheduled for the issuance are exceeded, as per art. 2, paragraph 1, letter e of the Government Emergency ordinance no. 56/2007.

After obtaining the work permit, the employer is required to send you this document, and you shall obtain the long stay visa for employment purpose from the diplomatic missions and consular offices of Romania. (See their list).

Long stay visa

In order to obtain the long stay visa for employment purpose, you are required to submit the following documents:
- copy of the work permit, issued by the General Inspectorate for Immigration or, as appropriate, documents proving that the applicant falls under the categories of foreign citizens who may be employed without work permit;
- proof of the subsistence means at the level of the minimum gross salary guaranteed in the payment for the entire period written down in the visa;
- criminal record or other document of the same legal value, issued by the authorities in the state of domicile or residence;
- medical insurance during the validity of the visa.

The following categories of aliens may be employed by or may render services to natural persons or legal entities in Romania, without work permit:

a) hold a right to permanent stay in Romania;
b) fall under the category of foreign citizens whose access on the labor market in Romania is regulated by agreements, conventions or bilateral understandings concluded by Romania with other states, if this possibility is provided in the content of the agreement, convention or understanding to which Romania is a part;
c) have obtained a form of protection in Romania;
d) carry out teaching activities, scientific activities or other categories of specific temporary activities in the specialized accredited institutions in Romania under bilateral agreements or as holder of a right to stay for performing scientific research and highly skilled staff, under the order of the minister of education, research and youth, as well as the aliens who perform artistic activities in cultural institutions in Romania, under the order of the minister of education and national patrimony;
e) are to perform in Romania temporary activities required by ministries or other institutions of the central public or local administration or by autonomous administrative authorities;
f) are appointed head of a branch, representation or subsidiary in Romania of a company that is based abroad, according to the relevant Romanian legislation;
g) are a family member of a Romanian citizen;
h)are an employee of a company based in one of the UE/SEE member-state or in Swiss Confederation and are temporary transferred in Romania (you are required to present the stay permit of that state).
i) are asylum seekers, after one year from the date of the application for asylum, if you are still in the termination procedure of a form of protection;
j) if you are tolerated, for as long as you have been approved tolerance of the stay in Romania;

The visa fee is of Euro 120 and shall be paid in the state you make the application.

You may apply for the long stay visa for employment within 60 days from the permit issuance, otherwise it shall lose its validity. The permit validity period refers only to obtaining the long stay visa, as the obtaining of the stay permit is not conditioned thereon.

As internal procedure, the long stay visa for employment obtains the approval of the National Visa Center, without being necessary the approval of the Romanian Immigration Office. For the categories performing lucrative activities without work permit, the visa shall be granted with the approval of the Romanian Immigration Office.

The long stay visa shall be granted for 90 day period, with one or many trips.

Stay permit
After entering Romania, you must obtain a stay permit. You shall submit the documents personally (your image shall be taken, as well) to the territorial units of the General Inspectorate for Immigration from the district you live in, with at least 30 days before the expiry of the right to stay granted by the visa.
For the first extension of the right to stay (obtaining the first stay permit) for employment you must submit the following documents:

- application;
- border-crossing documents (passport, travel document, etc.) both in original and in copy;
- proof of legal ownership of the dwelling place in the original and in copy;
- work permit;
- individual labor contract;
- salary
- medical document attesting your state of health, proving you are employable (certificate issued by public or private Occupational Health offices);
- copy of the identity card or, as the case may be, of the authorization or other legal document attesting the performance of an activity or independent profession, if the employer is a natural person;
- medical certificate
- taxes.

The stay permit shall be renewed with at least 30 days before the expiry of the previous permit. Simultaneously, the work permit shall be extended, if you remained at the same employer. For the subsequent extension of the right to stay (obtaining a new stay permit) you must submit the following documents:

- application;
- border-crossing documents (passport, travelling documents, etc.) both in original and in copy;
- proof of legal ownership of the dwelling space both in original and in copy;
- individual labor contract;
- the salary mentioned in the individual labor contract must be at the level of the minimum salary guaranteed in payment;
- tax registration certificate;
- copy of the identity card or, as appropriate, of the authorization or other legal document attesting the performance of an activity or independent profession, if the employer is a natural person;
- medical certificate
-medical document attesting the state of health
- taxes.

Other categories of aliens receiving extended right to stay:
1. TEMPORARY TRANSFERRED ALIENS:

a) application
b) border-crossing document (original and copy);
c) work permit for temporary transferred workers (original and copy);
d) decision of temporary transfer, translated and authenticated;
e) proof of legal ownership of the dwelling space(original and copy);
f) proof of the subsistence means at least at the level of the national average gross salary;
g) proof of the social health insurance;
h) medical certificate attesting you don’t suffer from diseases endangering public health;
i) taxes (Euro 120 consular fee, lei 260 – the counter value of the stay permit, lei 4 – extrajudicial stamp duty).

2. ALIENS EMPLOYED TO A LEGAL ENTITY BASED IN A E.U. OR E.E.S. MEMBER-STATE, TEMPORARY TRANSFERRED IN ROMANIA:

a) application
b) border-crossing document (original and copy);
c) decision of temporary transfer, translated and authenticated;
d) copy of stay permit of the E.U. or E.E.S. member-state;
e) proof of legal ownership of the dwelling space(original and copy);
f) proof of the subsistence means at least at the level of the national average gross salary;
g) proof of the social health insurance;
h) medical certificate attesting you don’t suffer from diseases endangering public health;
i) taxes (Euro 120 consular fee, lei 260 – the counter value of the stay permit, lei 4 – extrajudicial stamp duty).

3. HEADS OF REPRESENTATIONS

a) application
b) operating permit;
c) proof of legal relationships between the applicant and representation;
d) proof of legal ownership of the registered office space;
e) medical certificate attesting the state of health, proving the alien is employable (certificate issued by public or private Occupation Health offices);
f) proof of subsistence means;
g) medical certificate attesting you don’t suffer from diseases endangering public health;
h) proof of legal ownership of the dwelling space;
i) proof of the social health insurance;
j) taxes (Euro 120 consular fee, lei 260 – the counter value of the stay permit, lei 4 – extrajudicial stamp duty).

4. HEADS OF BRANCH/SUBSIDIARY

a) application
b) certificate of good standing issued by the National Trade Register Office;
c) proof of legal relationships between the applicant and representation;
d) proof of legal ownership of the registered office space;
e) medical certificate attesting the state of health, proving the alien is employable (certificate issued by public or private Occupation Health offices);
f) medical certificate attesting you don’t suffer from diseases endangering public health;
g) proof of subsistence means;
h) proof of legal ownership of the dwelling space;
i) proof of the social health insurance ;
j) taxes (Euro 120 consular fee, lei 260 – the counter value of the stay permit, lei 4 – extrajudicial stamp duty).


The application for granting or extending the right to stay for employment purposes shall be settled within 30 days from its submission date. Should any additional verifications be necessary, the settlement term of the application may be extended by up to 15 days.

The right to temporary stay for employment purpose shall be successively extended, and the period granted is of maximum 1 year.