Romania

The right to work and reside in Romania of the nationals of the European Union (EU), European Economic Area (EEA), and Swiss Confederation nationals

The right to work in Romania for EU/EEA and Swiss nationals

Nationals of the EU/EEA countries and of the Swiss Confederation working in Romania, either based on a Romanian employment contract or based on a secondment agreement, have free access to the Romanian labour market and no work authorisation has to be obtained for them. Still, they have to comply with the provisions of the Romanian Labour Law when concluding an employment contract in Romania.

Within the framework of provisions of transnational services, the EU/EEA/Swiss Confederation-based employer has the obligation to inform the competent Romanian labour authority whenever their employees are seconded in Romania and their secondment is extended beyond 12 months. In this respect, a specific notification in a format provided by the law has to be filed with the competent authority, within a specific deadline. Failure in fulfilling this obligation is subject to fines.

Also, the Romanian beneficiary of the service has the obligation to have available certain documents related to the individual’s secondment to Romania (e.g. Romanian notarised translation of the employment contract, service contract between companies, secondment letter, A1 certificate) in case of an audit from the labour authorities.

Right to reside in Romania for EU/EEA and Swiss Confederation nationals, as well as for their family members

EU/EEA and Swiss nationals residing in Romania for a period longer than three months should register with the Romanian immigration authority and apply for an administrative document named 'registration certificate'. Such a document is issued by the competent immigration authority within one to two days from the date of filing the application.

The registration certificate is issued with a validity between one to five years, depending on the supporting documentation available.

Depending on the purpose of stay of the individual, different documents may be required to sustain the registration certificate application (i.e. secondment letter, employment contract, proof of family relationship, etc.).

Non-EU family members of EU/EEA/Swiss Confederation nationals/Romanian nationals may be subject to different immigration compliance requirements for entering and staying in Romania, such as:

• Obtaining Romanian entry visas, if necessary.
• Obtaining a residency card if their stay in Romania is intended to be longer than three months.

A Romanian permanent residency card could be obtained as well if certain conditions are fulfilled. Such a document has a validity of five years, with the possibility of further extension.

Personal numerical code

The personal numerical code granted by the competent immigration authority to non-Romanian nationals, through their residency documents (i.e. registration certificate, single permit, EU Blue Card etc.), also represents their fiscal number.

Fiscal registration number

The individuals who are not required to obtain residency documents in Romania may fulfil their fiscal obligations here by registering with the fiscal authorities through a fiscal agent or a representative in order to obtain such a fiscal number.