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 must be obtained for them. Still, they must 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 must 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 are required to 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 of up 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 residence card if their stay in Romania is intended to be longer than three months.

A Romanian permanent residence 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.

Right to work and reside in Romania for non-EU/EEA and Swiss Confederation nationals, i.e. foreign nationals, as well as for their family members 

Foreign nationals who want to carry out employment activities in Romania must obtain the proper long-term visa. Those who want to work in Romania under a local employment contract must obtain a work visa depending on the category of worker they are: 

• D/AM1 visa for highly skilled worker (white collars) and other category of workers. 

• D/AM2 visa for permanent, seasonal or cross-border workers (blue collars). 

As per the current legislation, the Romanian employer who intends to hire foreign workers must be registered in the new electronic platform WorkinRomania.gov.ro. Once this registration process is complete, the employer can initiate the hiring process. Depending on the type of visa, specific steps must be completed by the employer before registering the Single Request (which replaced the work authorization) in the platform. Thus, to obtain the D/AM1 visa for highly skilled worker the employer will have to submit a job offer to the National Employment Agency (ANOFM), a firm job offer in the platform, and to obtain the diploma recognition certificate from the Romanian Ministry of Education.  

If an employer intends to hire foreign workers under the D/AM2 visa route, it must either obtain status as an Authorized Employer via the platform or engage an Authorized Foreign Placement Agency to manage the hiring process on its behalf. To qualify as an Authorized Employer, the company must meet some strict criteria like: it has been economically active without interruption for at least 24 months, it had an average number of at least 50 employees in the previous year and also must secure a financial guarantee of EUR 1,000 for each foreign worker (under D/AM2 visa procedure). 

Foreign workers can only be hired on D/AM2 visa for positions included in the Shortage Occupation List. This list which will be periodically updated by the authorities to reflect needs of the Romanian labour market.

Once the Single Request is validated, the foreigner will be able to apply for the visa.  

The visa generally is issued for 90 days within 180 days. After picking up the visa the foreigner will be able to travel to Romania and start working.  

Upon arrival, the foreigner will be able to apply either for EU blue card (highly skilled worker) or residence permit, by case. EU blue cards may be valid for up to 3 years, while residence permits may be issued for up to 2 years, with the possibility to be extended. 

Non-EU/EEA/Swiss nationals may also be assigned to Romania under specific legal frameworks. The assignment pathway is limited to: 

• Foreign national hired by a company registered in EU/EEA/Switzerland, provided he/she holds a valid residence permit issued by the respective state. 

• Intra-company transfer (ICT) - ie. The foreigner is assigned from a company which is part of the same group of companies. To qualify, the employees must have been continuously employed by the sending company or group for at least 6 uninterrupted months in case of managers and specialists, or at least 3 uninterrupted months in case of trainees. The specialists must also demonstrate that they have at least 3 years of experience and qualifications required for the respective position. 

The procedure consists in obtaining the long-term visa for assignment (type D/DT) and a residence permit if the employee must stay in Romania longer than the visa validity. The residence permit is issued for up to 1 year, for trainees and for employees assigned from EU/EEA/Switzerland, and up to 3 years, for specialists and managers. The employees assigned from the EU/EEA/Switzerland may extend the residence permits to maxim 18 months in total within any 36-month block period. 

Foreign nationals may also obtain a long-term visa (type D/AS) and the residence permit as Administrator of a Romanian company, Head of branch or of a rep. office. In this case, the residence permit is typically issued for 1 year, with the possibility to be extended each year. 

Family members of a non-EU/EEA/Swiss national who intend to accompany the sponsor/main applicant to Romania must obtain a long-term visa (type D/VF) and residence permit for family reunification purposes. Generally, a sponsor can initiate the family reunification process once his/her residence permit is issued. For highly skilled workers, the application for family reunification approval may be submitted simultaneously with the sponsor's initial EU blue card application. Once the General Inspectorate for Immigration (IGI) issues the approval, the family members may apply for their visa at the Romanian embassy/consulate abroad and, upon arrival in Romania, apply for their residence permit. 

It is important to know that a spouse who has obtained a family member residence permit as a dependent of a non-EU/EEA/Swiss national maycan be employed by a Romanian company without following the standard hiring procedure, provided they accept a position from the Shortage Occupation List. However, there is still an obligation to notify the immigration office of the employment. 

Personal numerical code

The personal numerical code granted by the competent immigration authority to non-Romanian nationals, through their residence 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 residence 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.