Work permits and visas in Romania

Romania, as a member of the European Union, has specific regulations governing the entry and employment of non-EU/EEA/Swiss citizens. Foreign nationals intending to work in Romania typically require both a long-stay visa for employment and a work permit, which is obtained by the employer on their behalf before the visa application. The process involves coordination between the foreign national, the prospective employer in Romania, and the relevant Romanian authorities, primarily the General Inspectorate for Immigration (IGI) and the Ministry of Foreign Affairs (MAE) through its diplomatic missions and consular offices abroad.

Navigating the requirements for work permits and visas is crucial for both employers and foreign workers to ensure legal compliance and a smooth transition. The process can vary slightly depending on the type of work being performed, the duration of stay, and the nationality of the applicant. Understanding the specific steps, required documentation, and timelines is essential for a successful application.

Common Visa Types for Foreign Workers

Foreign nationals seeking employment in Romania generally require a long-stay visa for employment (D/AM). This visa category covers various types of work activities. Other relevant long-stay visa types may include those for highly skilled workers, seconded workers (ICT - Intra-Corporate Transferees), or specific categories like seasonal workers or athletes.

Here are some common visa types relevant to employment:

• Long-Stay Visa for Employment (D/AM): The most common type, issued to individuals who have secured a work permit from the General Inspectorate for Immigration.
• Long-Stay Visa for Highly Skilled Workers (D/VS): For individuals holding a highly qualified position, often with specific educational or professional requirements, potentially under the EU Blue Card scheme.
• Long-Stay Visa for Intra-Corporate Transferees (D/IC): For managers, specialists, or trainee employees transferred within a multinational company to a Romanian entity.

Eligibility criteria for these visas are tied to the purpose of stay and typically require a valid work permit (or notification/approval for certain categories like ICT), proof of financial means, proof of accommodation, and other general visa requirements.

Work Permit Application Requirements and Procedures

The work permit is a prerequisite for the long-stay visa for employment and is generally applied for by the Romanian employer on behalf of the foreign national. The application is submitted to the General Inspectorate for Immigration (IGI).

Employer Requirements:

• The employer must be legally registered in Romania.
• The employer must demonstrate that the position cannot be filled by a Romanian citizen, an EU/EEA/Swiss citizen, or a long-term resident in Romania. This often involves a labor market test.
• The employer must prove they have the financial means to pay the foreign national's salary, which must meet or exceed the national minimum wage or a higher threshold for certain categories (e.g., highly skilled workers).
• The employment contract must comply with Romanian labor law.

Employee Requirements (for the work permit application):

• Valid passport.
• Proof of professional qualifications and experience relevant to the position.
• Medical certificate stating fitness for work.
• Criminal record certificate or equivalent document.
• Other documents as required by the specific work permit category.

Application Procedure:

1. Employer applies for the work permit: The Romanian employer submits the work permit application and required documents to the IGI.
2. IGI evaluation: The IGI assesses the application, including the labor market situation and the employer's and employee's eligibility.
3. Work permit issuance: If approved, the IGI issues the work permit (or a positive notification/decision for categories like ICT).
4. Visa application: The foreign national applies for the long-stay visa for employment (D/AM) at the Romanian diplomatic mission or consular office in their country of residence, presenting the work permit and other required documents.
5. Visa issuance: If the visa application is approved, the visa is issued.
6. Entry into Romania: The foreign national enters Romania using the long-stay visa.
7. Residence permit application: Within a specified period after entry (usually 30 days), the foreign national must apply for a residence permit at the local IGI office.

Processing Times and Fees:

• Work Permit: Processing time can vary, typically ranging from 30 to 90 days, depending on the complexity and the IGI's workload. An expedited procedure might be available for certain cases with shorter processing times (e.g., 10-15 days) for an increased fee.
• Work Permit Fee: The standard fee for issuing a work permit is approximately 100 EUR (or equivalent in RON). Expedited procedures have higher fees.
• Long-Stay Visa: Processing time is generally up to 10-15 days after submitting a complete application, but can be extended in complex cases.
• Visa Fee: The standard fee for a long-stay visa is approximately 120 EUR.

Note: Fees and processing times are subject to change based on government regulations.

Pathways to Permanent Residency

After residing legally in Romania for a continuous period, foreign nationals may become eligible to apply for permanent residency (long-term residence permit).

General Eligibility Criteria:

• Legal and continuous residence in Romania for at least 5 years based on a temporary residence permit. Absences from Romania during this period should not exceed 6 consecutive months and a total of 10 months over the 5 years.
• Proof of stable and sufficient financial resources to support oneself and dependents.
• Proof of health insurance.
• Proof of accommodation.
• Knowledge of the Romanian language (usually demonstrated through a test).
• No criminal record.
• Proof of integration into Romanian society.

Certain categories, such as holders of EU Blue Cards, may have different requirements or shorter qualifying periods. The application for long-term residence is submitted to the General Inspectorate for Immigration.

Dependent Visa Options

Foreign nationals holding a valid Romanian residence permit (including those based on a work permit) can apply for family reunification to bring their dependents to Romania.

Eligible Dependents:

• Spouse.
• Minor unmarried children (under 18), including adopted children.
• Dependent parents (under specific conditions, usually if they cannot support themselves and have no other family in their home country).

Procedure for Family Reunification:

1. Sponsor applies for family reunification approval: The foreign national residing in Romania (the sponsor) applies to the General Inspectorate for Immigration for approval of the family reunification request.
2. IGI evaluation: The IGI assesses the application, including the sponsor's legal status, financial means, accommodation, and the relationship with the dependents.
3. Approval notification: If approved, the IGI issues a notification.
4. Visa application: The dependents apply for a long-stay visa for family reunification (D/VF) at the Romanian diplomatic mission or consular office in their country of residence, presenting the IGI approval and other required documents (proof of relationship, financial means, etc.).
5. Visa issuance: If the visa application is approved, the visas are issued.
6. Entry into Romania: Dependents enter Romania using the long-stay visa.
7. Residence permit application: Within a specified period after entry (usually 30 days), dependents must apply for a residence permit at the local IGI office.

Visa Compliance Obligations for Employers and Employees

Maintaining legal status in Romania is a shared responsibility between the foreign national and the employing entity.

Employer Obligations:

• Ensure the foreign national has a valid work permit and residence permit.
• Notify the General Inspectorate for Immigration about changes in the foreign national's employment status (e.g., termination of employment contract) within a specified timeframe (usually 10 working days).
• Maintain records related to the foreign national's employment and legal status.
• Comply with Romanian labor law regarding employment contracts, working conditions, and salary payments.
• Cooperate with immigration authorities if requested.

Employee Obligations:

• Maintain a valid passport, visa, and residence permit at all times.
• Comply with the terms and conditions of their visa and residence permit (e.g., working only for the employer listed on the work permit).
• Notify the General Inspectorate for Immigration of any changes in personal details (address, marital status, etc.).
• Apply for renewal of the residence permit before its expiry date.
• Comply with Romanian laws and regulations.

Failure to comply with immigration regulations can result in penalties for both the employer and the employee, including fines, deportation of the foreign national, and restrictions on the employer's ability to hire foreign workers in the future.