In a rapidly digitizing world, the concept of “digital nomad” has become increasingly popular, defining people who use information technology to carry out their work from anywhere in the world.
In the context of the expanding phenomenon of digital nomads, Romania introduced in 2022 the long-stay visa for this category. This legislative measure provides a legal framework that allows digital nomads to live and work in Romania on a long-term basis, thus adapting national policy to global trends.
Obtaining a long-stay visa as a digital nomad in Romania allows you to benefit from a quality internet infrastructure, which is essential for digital nomads, good health and education services, access to international and entrepreneurial communities, and free movement within the Schengen area.
The following lines detail the criteria for qualifying as a digital nomad and the required documents to apply for a long-stay visa.
I. Digital nomad
II. Conditions for obtaining a long-stay visa
III. Brief conclusion
I. Digital nomad
As we have done in the previous article on the long-stay visa for foreign investors, we will start by setting out the criteria for qualifying as a digital nomad.
According to Art. 49 para. (1) letter (f1) of the Government Emergency Ordinance No. 194/2002 on the regime of foreigners in Romania (hereinafter referred to as “GEO 194/2002”), in order to be considered a digital nomad, you must fulfil the following conditions:
a. be a foreign citizen;
b. either:
– be an employee of a foreign company; or
– own a foreign company through which you provide services using information and communications technology;
c. your work consists on providing services using information and communication technology;
d. your work can be performed remotely through the use of technology.
For clarity, a foreign national wishing to obtain a digital nomad visa must either be an employee or own a company through which to carry out his or her work; these two conditions are alternative, not cumulative.
II. Conditions for obtaining a long-stay visa
In order to enter and legally reside in Romania, the digital nomad must apply for a long-stay visa. The long-stay visa they apply for is identified by the symbol D/AS and is granted for several categories of persons, such as volunteers.
The long-stay visa for digital nomads is granted, according to Art. 49 para. (1) letter (f1) of the GEO 194/2002, to those who “wish to travel and stay on the territory of Romania, while continuing to derive income from the performance of their employment contract with a company registered outside Romania or from the activities carried out by a company registered by them outside Romania, through the use of information and communication technology”.
The requirements are as follows:
1) Required funds (derived from the activity)
Applicants must prove that they have sufficient financial resources, derived from their activity, equivalent to at least three times the average gross monthly earnings in Romania for each of the last 6 months before the date of submission of the visa application. They must also prove that they have the necessary resources for the entire period covered by the visa.
Specifically, the average gross monthly salary in Romania is currently RON 7990/month, which means that the digital nomad must have a gross income of at least RON 23,970/month.
2) The activity
The digital nomad has to carry out the income-generating activities remotely using information and communication technology.
3) Employment contract / proof of ownership and remote management of a company
The digital nomad must submit the employment contract concluded with a company that is registered outside Romania, together with the authenticated translation into Romanian. The contract should prove that services are being provided remotely using information and communication technology.
If the digital nomad is self-employed and operates through a company they own, using information and communication technology, they must demonstrate that they own / and manage the company remotely. This can be proven through documents such as the statute of the company, a director’s mandate or an individual employment contract between the foreign citizen and the foreign company.
These conditions are alternative, not cumulative, with the result that you must either prove that you are an employee or that you own the foreign company through which you provide the services.
Another important aspect to be mentioned is that if the digital nomad owns a company, then the foreign company must have been registered for at least three years at the date of the visa application in a country other than Romania.
4) Identification details of the foreign company
The digital nomad is required to submit an original document, along with a certified Romanian translation, issued by the company registered outside of Romania with which they have an employment contract or that they own.
This document must include all of the company’s identification and contact details, its field of activity, the digital nomad’s involvement in the company, and information about the company’s legal representatives. Specifically, the company’s documents will need to be translated into Romanian, along with an extract from the registry where the company is registered, as well as any other document that proves the above-mentioned information.
5) Letter of intent
The digital nomad will have to write and submit a letter of intent, in original, together with a certified translation into Romanian, detailing the purpose of the trip to Romania and the activities he/she intends to carry out in Romania.
6) Taxes, social contributions and fees
At the same time, an apostilled or supralegalized document, as the case may be, must be submitted, accompanied by an authenticated translation into Romanian.
This document, issued by the relevant central or local public administration authority of the place of residence for tax purposes, must certify that, as of the date of the visa application, the foreigner—whether employed or, if applicable, the company they own—has paid all taxes, fees, and mandatory contributions up to date and is not registered with any acts or deeds related to tax evasion or tax fraud.
7) Travel ticket
The digital nomad must also provide either a reservation for a valid travel ticket to the destination or, if traveling by car, the driver’s license, green card, vehicle registration documents, and proof of the itinerary.
8) Medical insurance
The visa application file must also include proof of medical insurance valid for the entire duration of the visa on Romanian territory. You should pay attention to the amount of medical insurance, which must be at least 30.000 euro.
9) Accommodation
Digital nomads applying for a long-stay visa in Romania must provide proof of accommodation for the entire duration of their stay. Acceptable documents include a rental contract (for renting real estate), a commodatum contract (for free use of a dwelling), or proof of payment for a reservation (such as a confirmation of reservation and payment for a hotel room or other accommodation).
Essentially, any document that verifies the availability of accommodation will suffice. These documents are required to demonstrate that the digital nomad has suitable housing during their stay in Romania.
10) Criminal record certificate
The digital nomad must present a criminal record certificate or another document with the same legal value, apostilled or legalized as applicable, and translated into Romanian in an authentic form.
This criminal record certificate or other document with the same legal value must be issued by the authorities of the country of origin and, if applicable, of the state in which the foreigner is legally resident and in which he/she obtains income from employment with a company registered outside Romania or from activities carried out by a company registered outside Romania, proving that there are no records of criminal offenses.
11) Other documents
Even if all the above-mentioned documents have been submitted, the competent authorities may, if necessary, request additional documents that they consider relevant and the visa applicant is legally obliged to provide them.
III. Brief conclusion
The visa process involves meeting specific requirements, such as working remotely using information and communication technology and demonstrating sufficient funds.
Romania, along with approximately 40 other countries, offers long-stay visas for digital nomads, appealing to IT professionals. These visas provide access to international opportunities and the European market, along with several benefits. These include exemption from taxes on income earned outside Romania and exemption from social security and health insurance contributions for up to six months within a 12-month period, provided the total stay in Romania does not exceed 183 days.
Gabriela Cioban, Associate Dutescu & Partners
