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EMPLOYMENT VISA

EMPLOYMENT VISA

Author Cosmin Poenaru – Attorney at Law

cosminpoenaru.ro/

For corporations, nonprofit entities and other organizations, it is occasionally essential to bring an individual worker or a team of workers to Romania from overseas, and there are also a large number of organizations seeking to expand their operations to Romania.

You can be employed in Romania by a single employer, person or entity.

The employer shall obtain the work permit from the territorial units of the General Inspectorate for Immigration from the county where their headquarters are. To do so, they will submit a number of documents.

There are various options for organizations to bring employees, volunteers and experts to Romania, depending on the nature of the work or the expertise of the applicant. You should contact a lawyer that can help you find the appropriate immigration solution from a range of options that we will present in this article.

Conditions for obtaining the work permit

At the issuance of the work permit, the employer will pay as follows:

  • for the work permit for a permanent worker, deployed worker, cross-border worker, trainee worker,high-skilled, au pair, the employer will pay a tax in RON equivalent to 100 EUR​
  • for the work permit for a seasonal workers, the employer will pay the equivalent in RON of 25 EUR
  • the equivalent in RON of 25 EUR 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 original receipt will be submitted with the signature and seal of the treasury unit where the payment was made. In case the payment of the fee for the work / deployment permit was not made at a treasury unit, the State Treasury units will confirm by signature and seal on the documents of the payment that the respective amounts have been received in the appropriate accounts for income taxes of the state budget.

If you do not have Romanian citizenship or citizenship of another member state of the European Union or European Economic Area you can work in Romania, with a work permit, if the following conditions are met:

  • The vacant positions cannot be filled by Romanian citizens of EU Member States / EEA or by permanent residents in Romania
  • You meet the specific training, work experience and authorization conditions
  • You prove that you are medically capable to engage in the respective activity
  • You do not have a criminal record incompatible with the work that you are doing or are going to exercise in Romania
  • You fall within the annual quota approved by Government Decision
  • The employer has no unpaid obligations to the state
  • The employer carries out activities compatible with the job for which the foreigner is required to work;
  • 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.

You don’t have to meet the requirements stipulated at point 1 from above, if:

  • you are administrator (CEO) of a company with foreign participation and you are the only person appointed to this position
  • you are a professional athlete and you have proof that you pursued a similar activity in another country
  • you seek a work permit for cross-border workers
  • you seek a work permit for seasonal workers

CATEGORIES OF EMPLOYEES

Depending on the type of business you want to pursue in Romania, you can be hired and obtain the work permit, according to the following type (Click on the type of worker to see Details and the list of documents):​

I. work permit for permanent workers - foreigner employed in Romania with individual contract of indefinite duration or fixed term concluded with an employer based on the work permit

NOTICE OF PERMANENT EMPLOYMENT FOR WORKER entitling the employer to hire a foreign work with individual employment contract full-time indefinite. An individual employment contract for a definite period shall be extended under the terms of the Labour Code, without hiring an opinion, if the conditions of employment remain on the job in question.

A. WORK PERMIT FOR PERMANENT WORKER
TO A LEGAL PERSONNEL EMPLOYER

List of documents

1 Motivated application
2 Proof of the employer’s legal empowerment
3 Certificate of registration at the trade registry office, in original and
copy
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
9 Firm hiring offer
10 Copy of 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
11 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
12 Curriculum vitae and two 3/4 photos of the foreigner, which may also
contain the foreigner’s declaration that he / she is medically fit for work
and that he or she has minimal knowledge of Romanian or knows a
language of movement (in this case the document referred to in
item 11 will not be required)
13 Authorization document provided by law (when applicable)
14 Foreigner criminal record or other document of the same legal value
issued by the authorities of the country of origin or residence translated
and legalized
15 Employer’s criminal record
16 Copy of valid border crossing document

B. WORK PERMIT FOR PERMANENT WORKER TO A
NATURAL PERSON EMPLOYER

List of documents

1 Motivated application
2 Proof of the employer’s legal empowerment
3 Copy of employer ID
4 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
5 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
6 Job description, employer’s organizational chart with job
descriptions and vacancies
7 Proof of publishing by mass media in Romania of a notice
for vacancy
8 Firm hiring offer
9 Copy of 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 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
11 Curriculum vitae and two 3/4 photos of the foreigner,
which may also contain the foreigner’s declaration that he /
she is medically fit for work and that he or she has minimal
knowledge of Romanian or knows a language of movement
(in this case the document referred to in item 10
will not be required))
13 Authorization document provided by law (when applicable)
14 Foreigner criminal record or other document of the same
legal value issued by the authorities of the country of origin
or residence translated and legalized
15 Employer’s criminal record
16 Copy of valid border crossing document

II. work permit for posted workers

NOTICE OF EMPLOYMENT FOR POSTED WORKERS  entitles a beneficiary of the provision of services to get to work in Romania a foreigner seconded for a particular function.

List of documents

1 Application from the recipient of the service
2 Proof of the legal empowerment of the recipient of the service
3 Certificate of registration at the trade registry office, in original and copy
4 Certificate of Attestation issued by the Trade Register Office indicating that
they have not been operated applications for registration of bankruptcy
statement, in original and copy
5 Copy of the document attesting the registration or registration in a third
country of the undertaking from the posting, accompanied by an authorized
translation
6 Tax attestation issued by the Public Finance Administration where the
recipient of service has its headquarters, regarding the payment of the
obligations to the state budget for the last quarter
7 Curriculum vitae of the foreigner, which also contains the statement on his
own responsibility that he is medically fit and has minimal knowledge of
Romanian or knows a language of international circulation, as well as two ¾
photographs of the foreigner
8 Copy of valid border crossing document
9 Copy of the individual employment contract registered with the competent
authorities of the country of origin,translated and authenticated under the low
10 Copy of the contract with the undertaking from which the posting is made, of
the content of which explicitly results in the posting of an employee on the
territory Romania, where appropriate
11 Any document, translated and authenticated under the low, from which it
follows that the beneficiary of the service and the undertaking from which the
posting is affiliated directly or indirectly within the meaning of O.G. no.
25/2016, when applicable
12 Copy of the posting, translated and authenticated under the low
13 Attestation of recognition of the studies necessary for the occupation of the
requested function the issue of the work permit, issued by the Ministry of
Education, Research and Youth, under the conditions stipulated by the
legislation in the field, or the diploma of studies issued by the institutions of
accredited education in Romania
14 Copies of documents attesting to the vocational training obtained outside the
education system or, as the case may be, professional experience, translated
and authenticated under the low
15 Documents attesting to the qualification in Romania or another EU Member
State professional requirements for occupying the position (when applicable)
16 The judicial record or other document of the same legal value issued by the
authorities of the country origin or residence, translated and authenticated
under the low
17 The judicial record of the beneficiary of the service

III. work permit for seasonal workers - foreigner who maintains his main residence in a third country, but legally and temporarily lives in Romania, being employed on the territory of Romania with an individual fixed-term employment contract, concluded with an employer on the basis of the employment notice, in order to provide an activity that takes place according to the succession of the seasons;

NOTICE OF EMPLOYMENT FOR SEASONAL WORKERS issued by the employer to the employment of a foreigner with an individual employment contract full time fixed term to provide an activity that is conducted according to the seasons

WORK PERMIT FOR SEASONAL WORKERS AT
A LEGAL ENTITY EMPLOYER
List of documents

1 Motivated application
2 Proof of the employer’s legal empowerment
3 Certificate of registration at the trade registry office, in original and copy
4 Certificate of Attestation issued by the Trade Register Office indicating that
they have not been operated applications for registration of bankruptcy
statement, in original and copy
5 Tax attestation issued by the Public Finance Administration where the
recipient of service has its headquarters, regarding the payment of the
obligations to the state budget for the last quarter
6 Firm offer of employment (copy) in accordance with the provisions of the
Labor Code and the contract applicable collective work
7 Firm hiring offer
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 Foreigner Curriculum Vitae and two alpha 3/4 photos of the alien, which may
contain the foreigner’s own statement that he is medically fit to be
employed and has minimal knowledge of Romanian (in this the document will
not be required at the above point)
10 Attestation of recognition of the studies necessary for the occupation of the
requested function the issue of the work permit, issued by the Ministry of
Education, Research and Youth, under the conditions stipulated by the
legislation in the field, or the diploma of studies issued by the institutions of
accredited education in Romania
11 Copies of documents attesting to the vocational training obtained outside the
education system or, as the case may be, professional experience, translated
and authenticated under the law
12 Copies of documents attesting to obtaining in Romania or another EU Member
State a professional qualifications required for employment, translated
authenticated under the law (when is the case)
13 Authorization document provided by law (when applicable)
14 Employer’s criminal record
15 Copy of valid border crossing document
16 Employer ‘s authenticated statement about accommodation conditions,
accompanied by the document certifying the right of ownership or use of the
employer on the dwelling where the accommodation is provided, in case of
ensuring the free foreigner accommodation
17 The renting act in the case of the accommodation provided against payment

IV. work permit for trainees - foreigner employed on the territory of 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

NOTICE OF EMPLOYMENT FOR TRAINEES WORKERS are issued exclusively legal entity employer to the employment of a foreigner for attending a fixed term in order to obtain a professional qualification or improve training and increase knowledge of language and culture. The duration can not be extended.

List of documents

1 Motivated application
2 Proof of the employer’s legal empowerment
3 Certificate of registration at the trade registry office, in original and
copy
4 The 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 Copy of the traineeship agreement concluded or to be concluded with
the conclusion of the individual employment contract
7 Firm hiring offer (copy)
8 Proof of publishing a job advert for a traineeship in a daily newspaper in
Romania
9 Job description
10 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
11 Curriculum vitae and two 3/4 photos of the foreigner, which may also
contain the foreigner’s declaration that he / she is medically fit for work
and that he or she has minimal knowledge of Romanian or knows a
language of movement (in this case the document referred to in
item 10 will not be required)
12 Copy of the report drawn up by the employer stating that the alien on
which the employer intends to work satisfies the conditions of
professional training and work experience provided by the legislation in
force for the placement of that job
13 Employer’s criminal record
14 Foreigner criminal record or other document of the same legal value
issued by the authorities of the country of origin or residence translated
and authenticated under the law
15 Copies of study papers, translated and authenticated under the law
16 Copy of valid border crossing document

V. work permit for cross-border workers - the foreigner, citizen of a state which has a common border with Romania and lives in the border area of the respective State, employed in a border town on the Romanian territory with individual contract of indefinite or limited duration, concluded with an employer, based on the work permit

NOTICE OF EMPLOYMENT FOR CROSS-BORDER WORKERS issued by the employer to employment in a border town on the Romanian territory, with individual contract of employment full time fixed term or fixed-term of a foreign citizen of a state which has a common border with Romania and who lives in the border area of ​​the State.

List of documents

1 Reasoned request
2 Evidence of the employer’s legal empowerment
3 Certificate of registration at the trade registry office, in original and
copy
4 The Certificate of Attestation issued by the Trade Register Office, which
shows that there were no recordings regarding the opening of the
bankruptcy procedure
5 The tax attestation issued by the public finance administration in which
the employer has its headquarters, regarding the payment of the
obligations to the state budget for the last quarter
6 Firm hiring offer (copy)
7 Job description
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 Curriculum vitae and two 3/4 photos of the foreigner, which may also
contain the foreigner’s declaration that he / she is medically fit for work
and that he or she has minimal knowledge of Romanian or knows a
language of movement (in this case the document referred to in
item 8 will not be required)
10 The copy of the report drawn up by the employer stating that the alien
on which the employer intends to work satisfies the conditions of
professional training and work experience provided by the legislation in
force for the placement of that job
11 Authorization document provided by law (when applicable)
12 Foreigner criminal record or other document of the same legal value
issued by the authorities of the country of origin or residence translated
and legalized
13 Employer’s criminal record
14 The copy of the foreigner’s identity document proving his / her domicile
in the border area
15 Copy of valid border crossing document

VI. work permit for highly qualified workers - foreigner employed in Romania on a highly skilled job, with individual contract of indefinite duration or fixed term of at least one year concluded with an employer based on the work permit

NOTICE OF EMPLOYMENT FOR HIGHLY SKILLED WORKERS are issued exclusively legal entity employer to the employment of a foreigner highly qualified jobs, with an individual employment contract of indefinite duration with full-time or fixed term of at least one year. An individual employment contract for a definite period shall be extended under the terms of the Labour Code without obtaining a new permit for employment.

List of documents

1 Motivated application
2 Proof of the employer’s legal empowerment
3 Certificate of registration at the trade registry office, in original and copy
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 Firm hiring offer (copy)
6 Job description
7 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
8 Certificate for the validation of studies, issued by the Ministry of National
Education, in the conditions provided by the relevant legislation, or the
diploma / certificate of qualification issued / issued by units / educational
institutions accredited in Romania, which provide evidence of postsecondary
or higher education qualifications for both professions both regulated and
unregulated professions
9 Documents attesting to obtaining in Romania or in another Member State of
the Union European experience as a result of a professional experience with a
level of knowledge comparable to qualifications in post-secondary or higher
education, higher professional qualifications necessary to fill the vacancy, only
in the case of regulated professions
10 Authorization document provided by law (when applicable)
11 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
12 Curriculum vitae and two 3/4 photos of the foreigner, which may also contain
the foreigner’s declaration that he / she is medically fit for work and that he or
she has minimal knowledge of Romanian or knows a language of movement
(in this case the document document specified in thepoint above)
13 Employer’s criminal record
14 Foreigner criminal record or other document of the same legal value issued by
the authorities of the country of origin or residence translated and legalized
15 Copy of the valid border crossing document of the foreigner and where
applicable of the residence permit in Romania

VII. work permit following change of employer

List of documents

1 Motivated application
2 Proof of the employer’s legal empowerment
3 Certificate of registration at the trade registry office, in original and
copy
4 The Certificate of Attestation issued by the Trade Register Office,
which shows that there were no recordings regarding the opening of
the bankruptcy procedure
5 Job description
6 Firm hiring offer (copy)
7 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
8 Curriculum vitae and two 3/4 photos of the foreigner, which may also
contain the foreigner’s declaration that he / she is medically fit for
work and that he or she has minimal knowledge of Romanian or knows
a language of movement (in this case the document referred to
in item 7 will not be required)
9 Attestation of the studies necessary for the occupation of the position
for which the issue of the work permit issued by the Ministry of
Education, Research and Youth is required, under the conditions
provided by the legislation in question, or the diploma of education
issued by educational institutions accredited in Romania applicable)
10 Authorization document provided by law (when applicable)
11 Copies of the documents attesting to the vocational training obtained
outside the educational system or, as the case may be, attesting the
professional experience, translated and authenticated under the law
(when applicable)
12 Copies of documents attesting to the acquisition in Romania or in
another EU Member State of the professional qualification required for
employment, translated and authenticated under the law (where
applicable)
13 Foreigner’s criminal record of the country of residence
14 Employer’s criminal record
15 Copy of valid border crossing document

VIII. work permit for ICT workers - (person transferred within the same company) - the foreigner who lives in a third country at the date of submission of the application for the posting permit and who is subject to a transfer within the same company.

NOTICE OF REMOVING FOR ICT WORKERS issued to citizens of third countries in the context of the transfer within the same company or the same group of companies, of which at least one is located in Romania for the period up to three years as its managers / specialist, respectively for up to one year as a trainee.

List of documents

1 Application from the recipient of the service
2 Proof of the legal empowerment of the recipient of the service
3 Certificate of registration at the trade registry office, in original and copy
4 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
5 Certificate issued by the Trade Registry confirming that no records have been recorded the opening of
bankruptcy proceedings, in copy and original, or another document issued by the Romanian authorities
competent to show that the beneficiary of the service is the branch, subsidiary or representative of the
Romania of the undertaking from which the posting is made
6 Copy of the document attesting the registration or registration in the third country of the undertaking
from which it is made posting, translated and authenticated under the law
7 Copy of the contract or individual employment contracts registered with the competent authorities of
the country of origin, translated and authenticated under the law (attesting at least 6 months of
uninterrupted service within the posting company in the the period immediately preceding the request
for the posting notice – for senior executives and specialists; at least 3 uninterrupted months in the
company – for trainees)
8 Attestation of studies necessary for the occupation of the position for which the authorization is
requested work, issued by the Ministry of Education, Research and Youth, under the conditions
provided by the legislation in the field, or a diploma issued by accredited education institutions in
Romania
9 Copies of documents attesting to vocational training obtained outside the educational system or, as the
case may be, professional experience, translated and legalized (in case of posting as a specialist, you
must provide proof experience of at least 3 years, relevant to the fields of activity, techniques or
management of the activity the recipient of the service)
10 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
11 Curriculum vitae and two 3/4 photos of the foreigner, which may also contain the foreigner’s
declaration that he / she is medically fit for work and that he or she has minimal knowledge of
Romanian or knows a language of movement (in this case the document document specified in
the point above)
12 Documents attesting to obtaining professional qualification in Romania or another EU Member State
required to occupy the position (when applicable)
13 Documents translated and authenticated under the law which show that the recipient of the service and
the undertaking from which the posting is made is directly or indirectly affiliated
14 Copy of the act of posting, translated and authenticated under the law, including inscriptions to: the
duration of the transfer within the same company, with a distinct indication of the periods of posting
within the territory of each Member State of the European Union, as well as the registered office or
business premises of the entity or entities to which the post is to be posted, the position to be occupied
by the foreigner during the transfer within the same company, respectively a management, specialist or
trainee employee; his salary and periodicity, as well as others working conditions and employment
required during the same company transfer; the surrender of the foreigner to the posting enterprise or
to another established enterprise, in a third country belonging to the same group of undertakings, upon
completion of the transfer within the same company
15 Foreigner’s judicial record in the country of residence, translated and authenticated under the law
16 Employer’s criminal record
17 Copy of valid border crossing document

IX. work permit for workers au pair - foreigner temporarily employed by a host family on the territory of Romania to improve their language skills and competences in exchange for easy domestic and child care

THE EMPLOYMENT OPINION FOR WORKERS AU PAIR is issued to the employer, a member of
the host family, for the purpose of employment of a foreigner with an individual part-time
employment contract for a maximum of one year to provide easy domestic care and care of
children.

List of documents

1 Motivated application
2 Proof of the employer’s legal empowerment
3 Copy of employer identity document, member of the host family
4 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
5 Job description
6 Employer’s statement from which it is assumed that it assumes
responsibility for ensuring the alien’s maintenance, accommodation
and social security expenses during the entire stay in Romania and
that he / she has no family ties with him / her
7 Proof of foreigner’s graduation from a lower secondary education
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 Two ¾ photos of the foreigner
10 Employer’s criminal record
11 Copy of valid border crossing document

The General Inspectorate for Immigration processes the applications for the issuance of the work / deployment permit within 30 days from the date of its registration. In cases where further checks are required, the deadline may be extended by 15 days. The request for a work permit submitted by the employer of a holder of a EU Blue Card issued in another member state shall be settled within 15 days of receipt.

The work / posting permit is canceled by the General Inspectorate for Immigration in the following cases:

a) it is subsequently found that at the date of issue of the work / posting permit the conditions stipulated by the Ordinance in this regard were not met

b) it is subsequently found that the work / deployment permit has been obtained on the basis of false or forged documents

c) the employer / beneficiary the services does not collect the work / deplyment permit within 30 days from the date scheduled for the settlement of the demand for the General Inspectorate for Immigration

d) it is found that the conditions for the issuance of the work / deployment permit are no longer met at the date of obtaining the long stay visa.

Upon request of the holder, the General Inspectorate for Immigration issues a duplicate of the lost, damaged or destroyed work / deployment permit.

The work / deployment permit shall be kept by the employer / beneficiary of the services for the entire period of the employment or deployment. The employer / beneficiary of the services must keep for at least the duration of the employment / deployment, a copy of the residence permit or travel document showing legality of stay of the foreigner in Romania.

After obtaining the work permit, the employer should send you this document, and you will obtain the long stay visa for employment / deployment from the diplomatic missions and consular offices of Romania.

 

Bibliography

Government Emergency Ordinance no. 25/2014

Romanian Labor Code

http://igi.mai.gov.ro/

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