If you are a citizen of a country outside the European Union or the European Economic Area and would like to be employed in Romania, it is necessary to find an employer. After the employer's decision to hire you, they will need to obtain you an approval of employment in Romania. You can be employed in Romania to a single employer, either a person or a legal entity.
The employer will receive the approval of employment in Romania from the territorial units of the General Inspectorate for Immigration in the county where they have the registered office, by submitting a series of documents that depend on the type of activity you want to carry out in Romania.
At the issuance of the employment approval, the employer will pay as follows:
• RON equivalent of EUR 200 for hiring a permanent employee, a detached employee, a crossborder employee or a trainee;
• RON equivalent of EUR 50 for for seasonal workers;
• RON equivalent of EUR 50 for a foreign holder of a right of temporary residence for studies after graduation or holder of temporary residence for family reunification, as well as in case of changing the employer or the title at the same employer;
In order for a foreign person to be able to legally work in Romania, he must have a Work Permit or Notice. According to the EU laws, European Union citizens or EEA are equal to Romanian citizens and don’t need work permit, but third country national citizens can only work in Romania after obtaining a long stay visa, residence and work permit.
Conditions to obtain a work permit
In according to the type of activity developed in Romania, a foreign citizen can apply for several types of work permits: seasonal work, trainees, permanent work, cross-border work, athletes or nominal work permit. It depends on the category of the job, but generally, a temporary stay permit can be extended up to one year, while highly experimented workers can stay up to two years. In order to obtain a work permit, no matter the type, you need to:
- Have no criminal records
- Get a medical certificate that will prove you are fit to work
- Be registered in the annual quota approved by Government Decision
- Meet training and experience requirements from the company that will employ you, according to the law, of course
- Proof that the job cannot be filled by any EU, Romanian or EEA citizen (from the company)
On the other hand, certain foreign citizens are allowed to work in Romania without a work visa, as it follows:
- If they have a residence permit for studies
- If they are EEA or EU citizen from a country with which Romania has an agreement for labor market access
- If they were granted protection or have a permanent residence in Romania
- If they are deployed here
- If they have a Romanian citizen in their direct family
- If they have a residence permit or conduct specific or scientific activities under a bilateral agreement
How to obtain a work permit?
The request and submission of all necessary files for getting a work permit will be made by the employer, which will also pay the fees at the General Inspectorate of Immigration. It takes about 30 days for the request to be solved by the institution. The employer must keep documentation about the employee respecting the law, while the employee should also have a certified copy of the work permit or residence permit in order to conduct his work responsibilities.
In order for the employer to obtain the work permit for his new foreign employee, he must submit the following documentation:
- CV an annexed hereto
- Affidavit of having no criminal records
- Medical certificate proving that the employee is apt for the position
- Minimal Romanian language knowledge
- Graduation diploma, scientific certification and validation certificate from the Ministry of Education and Scientific Research – all translated and certified
- Identification document or passport, alongside the long stay visa - copy and original
- Up to date tax and medical registration certificate
- 2 ¾ photos
After the submission of the paperwork for the application, the IGI will answer the request within 30 days from the application, but the term might be extended by maximum 15 days in the case that additional verification is needed. After the work permit was release, the next step is for the employee to apply for the long term visa at consular offices and diplomatic missions, within 60 days from the date of the work permit release.
For further information on how to obtain the long stay visa for employment or detachment purposes by a person belonging to a country outside of the European Union or the European Economic Area in Romania, don’t hesitate to contact one of the lawyers of our team within the law firm Darie, Manea & associates that hold extensive experience in this field, providing full legal service, namely legal advice and representation before competent authorities.