During the last years, Romania has emerged as a highly attractive destination for non-EU foreign workers, particularly in key sectors such as manufacturing, construction, HoReCa (hotels, restaurants and cafes), as well as delivery services. Our country offers several advantages, including protective labour laws, a favourable tax regime, access to the public healthcare system for insured individuals and the benefit to move freely within the Schengen area.
In this article, we will examine the various methods by which a foreign (non-EU) citizen can legally work in Romania. Thus, we will begin by outlining the available options for employment and then we will proceed to discuss the requirements that must be met for a foreign citizen to work as an employee and lawfully reside in Romania.
1. Gainful activity – categories of activities
2. Long-stay visas for employees
3. Brief conclusion
I. Gainful activity – categories of activities
1) First of all, it is important to clarify the specific manner in which a foreigner intends to engage in work activities in Romania, in a broad sense. This distinction is necessary because a foreigner may perform work in Romania in various capacities, the most common being that of an employee. However, foreign nationals may also undertake other forms of work in Romania, such as operating as self-employed individuals, entrepreneurs, and other capacities.
2) Secondly, the foreign citizen shall choose the form in which he will engage in gainful activities in Romania.
It is important to highlight that the legal framework and conditions for obtaining a long-stay visa, which are necessary for engaging in gainful activities in Romania, differ based on the chosen category. Furthermore, the nature of the activity itself, the requirements for conducting it and the applicable tax regime on the income generated may also vary depending on the selected legal form.
For instance, consider Juan from Mexico, who processes wood to produce furniture. If Juan wishes to conduct this activity in Romania, he has the option to either join an existing company in this field (becoming an employee) or establish his own business as an individual carrying out economic activities.
For each of these ways in which Juan could perform his activity, he will have to submit certain documents and meet certain criteria specific to that category in order to receive the long-stay visa.
II. Long-stay visas for employees
According to Article 20 of the Government Emergency Ordinance No. 194/2002 on the regime of foreigners in Romania (hereinafter referred to as “GEO 194/2002”), there are several types of long-stay visas, including the visa for carrying out economic activities; the visa for carrying out professional activities; the visa for carrying out commercial activities; the visa for employment; the visa for other purposes (the broadest category, including, for example, the visa granted to persons carrying out voluntary activities or digital nomads).
Carrying out work activities as an employee
a) Categories of employees.
The law provides clarifications and classifications concerning the status of employees. Provided that they chose to perform their activity in the capacity of an employee, subsequently depending on status of the employee for which they apply for the visa long-stay visa, they shall meet certain criteria, such as professional qualifications, in some cases. As a consequence, the legal regime regarding the residence in Romania will be different.
As an example, seasonal workers are granted a long-stay visa for employment for a period equal to the expected duration of the employment contract plus 5 days, not exceeding 90 days.
The categories provided by Government Ordinance No. 25/2014 on the employment and posting of foreigners in Romania and amending and supplementing certain normative acts on the status of foreigners in Romania for employment are as follows:
– highly skilled workers;
– cross-border workers:
– seasonal workers;
– trainee workers;
– au pair workers;
– permanent workers.
b) Documents required for the long-stay visa for employees.
According to article 44 paragraph (1) of GEO 194/2002 the “Long stay visa for employment is granted to foreigners for the purpose of employment on the territory of Romania with an employer”.
When the alien applies for a long-stay visa for employment, according to article 44 para. (2) of GEO 194/2002, the visa application form must be submitted with the following documents:
– a copy of the employment notice issued under the special legislation on employment and posting of foreigners in Romania or, where appropriate, documents proving that the applicant falls into the categories of foreign citizens who do not need an employment authorization;
– proof of means of subsistence at the level of the guaranteed minimum gross basic salary for the whole period indicated in the visa;
– criminal record certificate or other document having the same legal value issued by the authorities of the State of domicile or residence;
– medical insurance for the period of validity of the visa.
A visa fee must also be paid.
c) Notice of employment
One of the most important elements for carrying out work activities as an employee is to obtain the employment notice. Without the employment notice, the foreign citizen will not be able to obtain a long-stay visa for employment.
Also, although the employment notice is perhaps the most important aspect to be taken into account, Art. 44 para. (3) of GEO 194/2002 provides that for certain categories of foreign citizens, the employment notice is not required. Therefore, it is important to identify which category they fall into, as this may simplify the procedure for obtaining a long-stay visa for employees, potentially eliminating the need for a notice of employment.
It should be mentioned, at the outset, that a large part of the process of employing foreign nationals and obtaining the necessary documents for the notice of employment is the responsibility of the employer and not the employees. On the other hand, the employee has to provide the employer with the necessary documents in order to obtain the employment notice.
Steps to follow in order to obtain the employment authorization:
Step 1: The employer starts the process by submitting an application and the necessary documents to the General Inspectorate for Immigration.
Step 2: The General Inspectorate for Immigration will assess whether the employer fulfils the legal conditions for employing a foreign worker. The procedure includes checking the working conditions and the salary offered to ensure compliance with national standards.
Step 3: In some cases, additional documents or clarifications may be requested.
Step 4: If the application is approved, the General Inspectorate for Immigration will issue the notice of employment. The notice of employment is required in order for the foreign employee to obtain a long-stay visa for employment.
In order to obtain the employment notice the foreigner must pay a fee.
The application for an employment long-stay visa is processed within 30 days, which may be extended by a maximum of 15 days if further checks are necessary.
Another aspect which is worth considering is the period of validity of the employment notice and the employment residence permit, because they must be renewed within the period stipulated by law, otherwise their stay in Romania becomes illegal and they risk to be deported.
Requirements to be met by the employee and the employer:
1. The employer must have a real activity;
2. Payment of tax obligations by the employer;
3. Professional training to employee – in certain cases;
4. Professional experience of the employee – in certain cases;
5. Absence of criminal record.
III. Brief conclusion
To sum up, a foreign citizen must first understand, then decide the type of activity he will carry out in Romania and the capacity in which he will perform it. Depending on the method chosen, he will have to meet specific requirements, such as to submit the documents needed for the long-stay visa and the documents needed to perform the activity.
Secondly, if the foreigner decides to work as an employee, he must apply for a long-stay visa for employees. The Romanian legislation provides for different categories of workers. He must receive a notice of employment that he must submit along with the required documents for receiving the long-stay visa as an employee. Afterwards, with the long-stay visa for employees, he can apply for a work permit.
Currently, most non-EU foreign workers come from Asian countries such as Nepal, Sri Lanka, Turkey and India. They provide services that usually do not require professional qualifications.
Gabriela Cioban, Associate Dutescu & Partners
