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06 August 2024

Obtain Romania Work Permit and Apply for Romanian Work Visa

If you're looking to work in Romania and hold citizenship from a country outside the European Union, the European Economic Area, or Switzerland, after you have secured a job offer from a Romanian employer being willing to hire you, they will need to obtain your Romania work permit from the General Inspectorate for Immigration and then the Romanian work visa. This blog article presents everything you need to know to obtain the work permit and work visa in Romania.

 

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Are you considering working in Romania? Whether you are an expatriate or planning to relocate, obtaining a work permit is a vital step in securing employment in this vibrant country. In this comprehensive guide, we will walk you through everything you need to know about obtaining the Romania work permit. From the different types of work permits available to the eligibility criteria, document requirements, and application process, we have got you covered. We will also delve into the valuable tips and insights to make the entire process smoother. Understanding the intricacies of obtaining the Romania work visa will empower you to navigate the bureaucratic procedures with ease. By familiarizing yourself with the necessary steps and requirements, you can ensure a successful application and embark on your professional journey in this fascinating country. So, let's dive in and unlock the door to your employment opportunities in Romania!

 

Understanding the Romania Work Permit. What is a Work Permit?

 

Whether you're planning to move for a job or your company is transferring you to their Romanian branch, understanding the process of obtaining a work permit in Romania is crucial. Engaging in professional work on national territory is permitted for foreign citizens only if they possess a valid work permit.

 

A work permit in Romania is an official document issued by the Romanian General Inspectorate for Immigration at the employers’ express request, allowing foreign nationals to legally work in the country. It is mandatory for non-EU/EEA/Swiss nationals who plan to work in Romania for more than 90 days.

 

This document is crucial for acquiring a long-stay visa in Romania or residence permit intended for employment in Romania. Foreign nationals are not permitted to work in Romania until they have obtained a valid work permit.

 

For a comprehensive understanding and everything you need to know prior to consider on a visa application process in Romania, depending on each type of visas, please check our very insightful information available on our blog The Lawyer Blog within the following articles:

 

 

The Romania work permit is not an all-encompassing license for foreign workers. It is restricted to a single employer that requests it and a specific job position. If a foreign national transitions to a different company, they must obtain a new work permit, even if their existing one has not yet expired.

 

Types of Work Permit in Romania

 

Foreign citizens can obtain various types of work permits, including those for permanent workers, seasonal employees, trainees, athletes, cross-border workers, and nominal work permits. Generally, depending on your specific activity category, you may be allowed to extend your temporary stay for employment purposes for up to one year. However, highly skilled workers have the opportunity to extend their stay for up to two years.

 

Depending on the specific work activity and categories of employees, different types of work permits may be applicable and can be the following:

 

Standard Work Permit in Romania

 

The standard work permit will be issued for individuals employed by a Romanian company with an employment agreement of indefinite duration or fixed term. The Romania work permit in this case will be valid as long as the employment contract is valid and will be automatically extended upon renewal of the residence permit (single permit). This work permit will be granted under specific conditions that must be fulfilled both by the Romanian employer and the foreign employee, as it will be presented below.

 

Intra-Company Transfer (ICT) Work Permit in Romania

 

The ICT work permit issued for employees transferred within the same company to the Romanian branch.The length of assignments for foreign employees can reach up to 3 (three) years for those in management or specialist roles, whereas trainee workers are restricted to a 1 (one) year term.

 

A specialist is identified as a foreign worker with no less than 3 (three) years of professional experience that is applicable to their field. They should have technical or management skills that provide value to the service recipient. Moreover, they must have at least 6 (six) months of uninterrupted experience in the same organization or among a group of related companies.

 

Holders of ICT permits from other EU states can start working in Romania as ICT employees immediately upon the registration of their work permit application by a Romanian company, without the delay of waiting for the permit itself.

 

Work permit for assignees (deployed workers) in Romania

 

The trainee work permit shall be valid for up to 1 (one) year, will be not extendable and can be granted on the basis of a labor agreement and assignment letter issued by the employer outside Romania. The foreign employees holding residence permits in an EU or EEA country or Switzerland may be seconded for a period longer than 1 year within 5 years, subject to certain conditions.

 

The deployed worker is defined as the qualified foreigner temporarily deployed from a company established in a third country, who is and remains employed with a valid employment agreement to a beneficiary of the supply of services belonging to that enterprise or to the same group of companies from where the posting is done or which has signed a contract involving the posting of its employee in Romania.

 

Seasonal Work Permit in Romania

 

The seasonal work permits shall be granted for seasonal work, typically valid for up to 6 months. The seasonal workers are defined as foreigners who maintains their main residence in a third country, but legally and temporarily lives in Romania, being employed in Romania with an individual fixed-term employment agreement, in order to provide an activity that takes place according to the succession of the seasons;

 

Cross-Border Work Permit in Romania

 

The cross-border work permits are issued for individuals working in Romania but residing in a neighboring country, employed in a border town on the Romanian territory with individual labor agreement of indefinite or limited duration, concluded with an employer, based on the work permit.

 

Trainee (interns) Work Permit in Romania

 

The trainee work permits are issued for internships or traineeships exclusively for the trainee workers, defined as foreigner employed in Romania on the basis of a vacancy notice, a holder of a higher education diploma or a form of higher education in a third country, who participates on the territory of Romania for an internship program of a duration with a view to improving vocational training or obtaining a vocational qualification as well as improving language and cultural knowledge.

 

Work permit for Highly Skilled Worker (EU Blue Card) in Romania

 

The highly skilled worker work permits are issued for highly qualified professionals in specific fields, employed in Romania based on a labor agreement of indefinite duration or fixed term of at least one year and with a gross wage of at least 2 times of the average gross salary. The foreigner must be employed in Romania in a highly-skilled position and conclude a local employment contract. These Romanian work permits are valid for up to 2 (two) years and may be extended.

 

Employees which are not required to obtain the Romania work permit

 

Under European Union regulations, all citizens from the EU/EEA have the same labor rights as Romanian citizens, meaning they are not required to obtain a work permit. However, foreign nationals from non-EU countries must secure a work permit, followed by a long-stay visa for employment and a residence permit to work in Romania, without some exemptions, where the following categories of citizens are exempted from holding a Romania work permit:

 

  • the citizens which hold a permanent long-term residence in Romania;

  • the foreigners holding a temporary residence right for family reunification as members of the family of a Romanian citizen;

  • the citizens who were granted a form of protection or asylum seekers, from the date they receive the right of access to the labor market, if they are yet in the process of being granted a form of protection;

  • the citizens who are tolerated foreigners, for the period they have been granted tolerated status in Romania;

  • the citizens which hold a temporary residence permit for studies;

  • the citizens which are EU and EEA citizens or come from a country that has signed agreements with Romania on labor market access;

  • the citizens which are family members of a Romanian citizen;

  • the citizens which temporarily conduct scientific or other specific activities under bilateral agreements or a residence permit;

  • the citizens which hold a temporary residence permit for religious activities to be employed on the territory of Romania, within the units of worship;

  • the citizens which are deployed in Romania.

 

Romania Work Permit Requirements and Conditions

 

While specific requirements may vary depending on the type of work permit, common documents needed pertaining the person of the foreigner employee, which shall include:

 

  1. Application Form: Completed and signed application form.

  2. Valid Passport: Must be valid for at least six months beyond the duration of the intended stay.

  3. Employment Contract: A signed contract with a Romanian employer.

  4. Proof of Qualifications: Relevant diplomas, certificates, curriculum vitae (CV) or professional qualifications, graduation record, all scientific degrees and certifications, translated and certified, accompanied by validation certificate issued by the Ministry of Education and Scientific Research;

  5. Medical Certificate: Proof of good health and fitness to work.

  6. Police Clearance Certificate (clear criminal record) of the Foreigner: Background check from your home country for the future employee.

  7. Proof of Accommodation: Confirmation of housing arrangements in Romania.

  8. Declaration by the foreigner on his / her own responsibility that he / she is medically fit to work and that he or she has minimal knowledge of Romanian or knows an international language.

  9. Photos of the Employee: 2 (two) ¾ photos;

  10. Fee for Processing the Work Permit Application, that will be paid by the employer as follows:

  • EUR 100, in RON equivalent - for the work permit for a permanent worker, deployed worker, cross-border worker, trainee worker, high-skilled, au pair;

  • EUR 25, in RON equivalent - for the work permit for a seasonal workers;

  • EUR 25, in RON equivalent - if the employer intends to hire after graduation a foreigner who is a holder of a temporary residence permit for studies, or if he wants to hire a holder of a temporary residence permit for family reunification, as well as in case of change of employer, or change of function with the same employer

 

The next documents regarding the employer are required when the work permit is issued for permanent worker to a legal person employer:

 

  1. Motivated application

  2. Proof of the employer's legal empowerment

  3. Certificate of registration at the trade registry office or the certificate of registration in the Register of associations and foundations

  4. Certificate of attestation issued by the Trade Register Office, which shows that there were no recordings regarding the opening of the bankruptcy procedure

  5. Tax attestation issued by the Public Finance Administration where the employer has its headquarters, regarding the payment of the obligations to the state budget for the last quarter

  6. Certificate issued by the employment agency in whose territorial jurisdiction the employer has its headquarters with regard to the vacancy available to the vacant work communicated by the employer according to the legal provisions, no later than 60 days prior to the filing of the application

  7. Job description, employer's organizational chart with job descriptions and vacancies

  8. Proof of publishing by mass media in Romania of a notice for vacancy job

  9. The minutes drawn up following the selection made for filling vacancies and the fact that the foreigner on which the employer intends to work satisfies the conditions of professional training and experience in the activity provided by the legislation in force for occupying that place the work

  10. Firm hiring offer for the employment agreement

 

There are some specific requirements and required documents for certain work permits in Romania, like Intra-Company Transfer (ICT) Work Permit and Work permit for Highly Skilled Worker (EU Blue Card), such as:

 

  • Highly Skilled Worker (EU Blue Card): Proof of higher education or five years of professional experience in the relevant field.

  • Intra-Company Transfer: Documents proving the transfer within the same company and evidence of continuous employment for at least one year prior to the transfer.

 

The work permit can be obtained for the company's employees upon the request of the employer by the General Inspectorate for Immigration, if the following conditions are met:

 

    1. The employee meets the special conditions of professional training, experience in the field and authorization;

    2. The employee is medically fit to carry out work activities;

    3. The employee has no criminal record that is incompatible with the intended work activity;

    4. The employee falls within the annual quota of foreign employees approved by the Romanian Government;

    5. The job position cannot be filled by a Romanian citizen;

    6. The employer has met all obligations towards the state budget;

    7. The employer conducts economic activities compatible with the position you will be assigned to;

    8. The employer carries out activities compatible with the job for which the foreigner is required to work;

    9. The employer / beneficiary of the service was not punished for undeclared work or illegal employment during the last 6 months prior to the settlement of the application for permanent / seasonal / trainees / cross-border / trained / au pair / detached / ICT workers.

 

All these conditions are not required if the person hold the quality of director in the company with foreign contribution and this person is the single one appointed in this position, if the person is a professional athlete and has proof that had pursued a similar activity in another country or if the employer seeks a work permit for cross-border workers or a work permit for seasonal workers.

 

How to apply for Romania work permit. Step-by-step guide to Romania work visa

 

To start the process of obtaining the work permit in Romania, the employer must take the lead by submitting the required documents and paying the relevant fees at the General Inspectorate for Immigration (IGI). The IGI typically takes up to 30 days to process these requests.

 

The work permit can solely be acquired by the employer, whether a natural person or a legal entity, by presenting the required documentation to the territorial units of the Inspectorate General for Immigration.

 

It is essential for the employer to retain the document as evidence of the lawful employment of the foreign national. Meanwhile, the employee should always have a certified copy of their work permit or residence permit issued for work-related reasons.

 

The step-by-step guide for obtaining the Romania work permit are the following:

 

  1. Secure a Job Offer: Obtain a job offer from a Romanian employer. Ensure the employer is registered and legally authorized to hire foreign nationals.

  2. Employer Applies for Work Authorization: Your employer must apply for a work authorization with the Romanian Immigration Office. This involves submitting documents proving that the job position cannot be filled by a Romanian or EU/EEA/Swiss national.

  3. Receive Work Authorization: Once approved, the work authorization will be issued. This document is necessary for the next steps.

  4. Apply for Long-Stay Visa (D-type visa): With the work authorization, apply for a long-stay visa at the nearest Romanian consulate or embassy in your home country.

  5. Travel to Romania: Once the long-stay visa is granted, you can travel to Romania.

  6. Register with Romanian Authorities: Upon arrival, register with the local Immigration Office within 30 days to receive your residence permit, which includes your work permit.

  7. Receive Work Permit: After registration and verification, the Romanian authorities will issue your work permit.

 

Our lawyers have very consistent experience helping clients to obtain Romania work permit and to apply for Romanian work visa, and can assist you in all aspects related to this process.

 

Romania work permit process time

 

Romania work permit process time, where General Inspectorate for Immigration reviews work and deployment permit applications, is 30 days of their registration. If additional verification is necessary, this period can be extended by an extra 15 days. For employers seeking a work permit for an EU Blue Card holder from another member state, the decision will be made within 15 days of submission.

 

Once foreign citizens secure their work permit, they are required to apply for a long-term visa at the Romanian diplomatic missions and consular offices. The long-stay visa processing time varies but usually takes around 10-15 days.

 

For foreign workers with a valid work permit, General Inspectorate for Immigration approval is no longer necessary. The only required approval is from the National Visa Centre for long-stay employment visas. Be sure to apply for long-stay visa within 60 days of getting the work permit, or it will expire.

 

To extend the right of residence provided by a long-term visa, you need to submit a request along with several documents to the General Inspectorate for Immigration. This request should be filed no later than 30 days before your current residence permit expires. Additionally, you can also seek to extend your employment authorization, but this is contingent upon maintaining your job.

 

Romania work permit application fees

 

The fee for processing the Romania work permit application will be paid by the employer into the General Inspectorate for Immigration service's accounts are the following:

 

  • EUR 100, in RON equivalent - for the work permit for a permanent worker, deployed worker, cross-border worker, trainee worker, high-skilled, au pair;

  • EUR 25, in RON equivalent - for the work permit for a seasonal workers;

  • EUR 25, in RON equivalent - if the employer intends to hire after graduation a foreigner who is a holder of a temporary residence permit for studies, or if he wants to hire a holder of a temporary residence permit for family reunification, as well as in case of change of employer, or change of function with the same employer.

 

Cancellation of the Romania work permit

 

The General Inspectorate for Immigration may revoke a work permit of Romania under several circumstances:

 

a) Whether it is later determined that the requirements outlined in the Romanian legislation were not satisfied at the time the work permit has been issued.

b) Whether it is discovered that the work permit has been acquired using fraudulent or counterfeit documents.

c) Whether the employer or service beneficiary fails to collect the work permit within 30 days of the scheduled date for processing the request at the General Inspectorate for Immigration.

d) Whether it is established that the criteria for granting the work permit are no longer fulfilled at the time the long-stay visa is issued.

 

Important amendments brought in force in 2024 to the national legislation regulating the work permit in Romania and Romanian work visa

 

Starting from March 8, 2024, have been implemented significant amendments to the requirements for obtaining work permits and the regulations governing highly-skilled workers. Law no. 28/2024, published in Romania’s Official Gazette no. 176 on March 5, 2024 introduces crucial amendments to the existing framework for foreign nationals in Romania. This legislation amends the previous Government Emergency Ordinance no. 194/2002 and Government Ordinance no. 25/2014, which addressed the status and employment of foreigners in Romania.

 

Additionally, Law no. 28/2024 outlines the implementation details of EU Directive 2021/1883. Employers seeking work permit in Romania must adhere to various conditions, including general requirements related to their operations in the country and specific criteria based on the type of worker for whom the permit is being sought:

 

  • The criteria for obtaining the work permit have been amended. Now, the Romania work permit will only be issued if the employer can demonstrate that they are actively engaged in Romania in activities that align with the job for which the permit is requested. Additionally, the employer must show that their operations were not established primarily to facilitate the entry of foreign workers into Romania.

  • Employers are now required to provide proof of fulfilling all their financial obligations to the state budget, not just those from the last quarter, as was the case before. This change emphasizes the importance of comprehensive compliance with fiscal responsibilities.

  • According to the new regulations, the General Inspectorate for Immigration has the authority to conduct inspections at the employers' premises to verify compliance with the aforementioned requirements. This measure aims to ensure that employers adhere to the new standards.

  • The duration of validity for the certificate issued by the Unemployment Agency, which is necessary for the work permit application, has been extended from 60 days to 90 days from the date of issuance. This change provides applicants with a longer timeframe to complete their paperwork.

  • Foreign nationals who hold temporary residence permits for study can now work in Romania without needing a work permit, but only under a part-time individual work contract, which allows for a maximum of six hours per day, an increase from the previous limit of four hours. This adjustment offers more flexibility for student workers.

 

On March 22, 2024, Government Emergency Ordinance no. 25/2024, published in Romania’s Official Gazette no. 250 on March 22, 2024 which amends and enhances certain regulations related to foreigners and borders, was officially enacted. This ordinance introduces a range of necessary actions to align with Decision (EU) 2024/210, facilitating the full enforcement of Schengen acquis in Bulgaria and Romania, as border controls at air and sea locations would have been removed from March 31, 2024, as follows:

 

  • To secure a Romanian work permit for permanent workers, employers must meet a new criterion: they must have been actively operating in the relevant field for at least one year prior to applying for the work permit. This requirement will be verified by the local office of the General Inspectorate for Immigration, which may include on-site inspections at the employer's registered locations or workplaces.

  • Employers are now obligated to finalize the individual labor agreement within 15 (fifteen) business days of the foreign worker's arrival in Romania or from the date of receiving a new work permit, particularly for long-stay visas for employment. Starting April 21, 2024, failing to meet this obligation could result in fines ranging from RON 5,000 to RON 10,000, unless the delay is attributable to the foreign worker.

  • The timeframe for employers to inform the General Inspectorate for Immigration about any changes or termination of employment agreements has been shortened from 10 days to just 5 (five) business days.

  • Foreigners must notify the Romanian Immigration Office, which granted their residency, of any employment-related changes within 3 (three) days, a reduction from the previous 10-day requirement.

  • Foreigners entering Romania for work will have their temporary stay extended for employment purposes if they provide a full-time employment contract signed within 15 business days of their arrival or from the issuance of a new work permit.

  • The General Inspectorate for Immigration will assign a personal identification number to foreigners who have received work permits or secondment permits.

 

Common challenges and tips for obtaining a successful Romania work permit visa application

 

Start Early: Begin the application process well in advance to accommodate any potential delays.

 

Accurate Documentation: Ensure all documents are accurate and complete to avoid rejection or delays.

 

Follow Guidelines: Adhere to the specific guidelines provided by Romanian authorities and your employer.

 

Seek Professional Help: Consider consulting with immigration professionals or legal advisors to navigate complex cases.

 

Our team of lawyers of Romanian Advocacy has very consistent experience helping clients to obtain Romania work permit and to apply for Romanian work visa and can assist you in all aspects related to this process.

 

Conclusion and additional resources for obtaining the work permit and work visa in Romania

 

Obtaining a work permit in Romania involves several steps and specific requirements, but with the right preparation and understanding, the process can be straightforward. By following this comprehensive guide, you'll be well-equipped to secure your Romania work permit and embark on a successful career in this dynamic and growing economy. Safe travels and best of luck with your professional endeavors in Romania!

 

For further assistance and detailed guidance on the Romania work permit, feel free to get in touch with our English speaking immigration and human rights lawyers at sorina@roadvocacy.ro or +40 744 65 09 50 or using the contact form on at www.roadvocacy.ro.

 

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Romanian Advocacy

 

| Ihr Unternehmen | Unsere Mission |

Romanian Advocacy

 

| Ihr Unternehmen | Unsere Mission |

Romanian Advocacy

 

| Ihr Unternehmen | Unsere Mission |

 

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