Detachment in Romania

If you are posted in Romania, you must obtain the long-stay visa for other purposes (posting), and after entering Romania the work permit for posted workers and the residence permit for work purposes.

The long-term visa for employees who are detached to Romania is a type D one for which a residence permit for Romania is also issued by the authorities. The foreign national who works in the country will carry this document with him/her and will need to apply for it with the General Inspectorate for Immigration. Our team can give you more details about this process.

The long-stay visa for other purposes is granted, upon request, by the Romanian Embassies or Consulates in the country where you have your residence or domicile, if you are seconded by a company:

• at a representation, branch or branch located in the territory of Romania,

• to a commercial company, a Romanian legal person, whose associate / shareholder is the foreign company, with the same object of activity

or if you are seconded by an employer based abroad to a legal entity from Romania, based on a commercial service contract concluded between the two parties.

Also, the visa is granted if you come from a country with which Romania has signed a bilateral agreement on access to the labor market in Romania. For this you need to:

   a) present the proof of medical insurance during the validity period of the visa;

   b) present the proof of the accommodation conditions;

   c) present a criminal record certificate or other document with the same legal value, issued by the authorities of the country of origin.

If you are seconded to Romania, the residence visa is of type D / AS.

The work permit for posted workers gives you the right to work for a maximum period of one year within a minimum period of 5 years, based on the decision of posting from an employer foreign legal entity to an employer legal entity from Romania or to a representative , a branch or branch in Romania of a legal person based abroad.

In order to obtain a work permit for posted workers, the employer will request the following documents:

a) curriculum vitae, your statement on your own responsibility that you have no criminal record, that you are medically fit to be employed and that you have minimal knowledge of the Romanian language;

b) the border crossing document, which contains the long-stay visa for other purposes, in original and in copy;

c) copy of the individual employment contract;

d) copy of the posting act;

e) as the case may be, the copy of the commercial contract for the provision of services, translated and legalized;

f) a copy of the study document for the position or job for which the work authorization is requested;

g) copies of the documents attesting the professional training or, as the case may be, attesting the professional experience;

h) two 3/4 photos.

The employer to whom the posting was dispatched sends to the Territorial Labor Inspectorate (ITM) in whose territorial area it has its headquarters a communication regarding the posting of foreign employees for whose access to the labor market in Romania the work authorization is required, at least 5 days before the start their activity on the territory of Romania, but not later than the first day of activity. Any modification of the elements provided in the communication shall be transmitted to the ITM within 5 days from the date of its production.

In order to obtain the residence permit, you must contact the territorial formations of the ORI in the county where you live at least 30 days before the expiration of the residence permit granted by the visa and personally submit a series of documents: application, border crossing document ( original passport, travel document, etc.) and copy, which must also contain the long-stay visa for other purposes (D / AS), copy of the posting document; the proof of the means of maintenance at the level of the average net salary on the economy, the proof of the legal possession of the living space (original and copy), the social health insurance, medical certificate, taxes.

After the expiry of the posting period, you will be able to qualify under the work permit for permanent workers at the employer to which you were posted, without having to leave the country to change the category of right of residence. In order to issue the work authorization it is necessary to present the documents listed above.

The right of residence for posting can be extended for the entire period of validity of the work permit, and for subsequent extensions, if the employer wishes to keep you, you will need to obtain a work permit for a permanent worker and, subsequently, a residence permit for employment.

The work authorization is canceled by ORI within 5 working days from the request of the employer or the foreigner as a result of the termination of the period for which he was posted in Romania.

Foreign nationals who were detached to Romania and have been living in the country for at least eight years can consider their option to apply for citizenship. This is also possible when the applicant is married to a Romanian citizen, five years after the date of their marriage. Our team can give you more details about the application for citizenship in Romania.