Law no. 247/2018 amends and supplements GEO no. 194/2002 on the regime of foreigners in Romania as well as Government Ordinance no. 25/2014 regarding the employment and secondment of foreigners on the Romanian territory, according to the below:
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Main legislative changes of Ordinance no. 194/2002
- Employers will have the obligation to notify the Immigration Office regarding the termination or suspension of employment/secondment of the foreign citizen, within 30 days from the date of event.
Failure to comply with above obligation by employers, will be sanctioned with fine between Ron 1500 – 3000.
- In case of extension of the temporary residence right, the payment obligation at the level of the average salary is replaced by the payment of the gross minimum wage for the following categories of foreigners:
- foreigners entering Romania for employment / secondment purposes;
- foreigners posted as ICT workers within a mobility;
- foreigners seconded from an EU /EAA country/ Swiss Confederation, to Romania;
- foreigners that are appointed under the direction of a subsidiary, branch or branch in Romania of a company based abroad, on a mandate contract or other document with the same legal value.
- In regard to highly skilled workers, the salary has to be at least twice the gross average earning, comparing the previous level of 4 times the average medium wage.
- Residence right in scope of studies can be extended as follows:
- with maximum 6 months for finalizing the school / university situation;
- with maximum 9 months upon finalizing the studies, for job search / business start-up;
- Subsequent extensions of the residence right, in scope of employment / commercial activities, are exempted from the long-stay visa.
- Visa applications for granting or denying a long-stay visa are settled within 60 days from the date of file submission.
- Deadline regarding solutioning requests for approval of invitations has changed from 60 days to 45 days from the date of submission.
The term can be prolonged with 15 days in case of additional verification.
Main legislative changes of Ordinance no. 25/2014
- For the employment of foreigners and the issuance of the work permit, the employer must have not been sanctioned for illegal employment or failure of Revisal transmission, for the last 6 months before solutioning the request.
- In regard to the employment of foreigners as permanent workers:
- the proof of vacancy publication will be made by means of mass information in Romania;
- diploma recognition certificate issued by the Ministry of Education, study diploma issued by accredited institutions from Romania, copies of documents attesting the professional experience, will no longer be required.
The above documents are still required for the work permits in scope of secondment of highly skilled workers.
- Fees for issuing employment/secondment work permits are modified from Eur 200 to Eur 100. For the issuance of work permits for seasonal workers, for permanent workers for change job position or change employer, for foreigners’ holders of a right to stay in scope of studies upon finalizing the studies or family reunification, the fee is modified from Eur 50 to Eur 25.
Other regulated aspects:
- “Au pair worker” – the foreign worker temporarily employed by a host family to improve their language skills and competences in exchange for easy household care and child care, under the following conditions:a foreigner aged 18-30 years old
- For the foreign citizens that enter Romania in scope of employment as “au pairs workers”, the temporary residence right is extended, only if they submit the individual part-time work contract, that proves the duration of the working time does not exceed 25 hours per week, and the amount of the salary is at least the minimum gross national salary guaranteed in payment, calculated at the fraction of time worked.
- Long-stay visa in scope of studies can be granted on request to foreign citizens that apply to enter Romania as students, trainees, pupils or participating in a student exchange program or educational project.
- Regulating the right to stay temporarily for study purposes in the context of mobility;
- Entry and stay for scientific research activities in the context of mobility;
- The temporary residence permit for trainee workers is extended for a period equal to the period of validity of the employment contract, without exceeding a total length of stay of one year on the territory of Romania, under the following conditions:
- If the salary is at least equal to the gross minimum wage;
- If he / she presents full-time work contracts registered with the Labor Office and proof of maintaining the contract at least the minimum gross salary for the entire duration of the stay previously granted.
- The regulation of the situation where the documents on which the application for extension of the right of temporary residence for work purposes is based are inappropriate, the General Inspectorate for Immigration no longer communicates to the applicant additional information and no longer sets a deadline for sending them.
- In the absence of a foreigner from the territory of the Romanian State for more than 6 consecutive years, even if during this period he/she has been granted a right to temporary stay in a Member State of the European Union, he/she may be granted a new right of residence for the long term after a further stay in Romania for at least 12 months.
- Preventing officers from the General Inspectorate for Immigration to perform check-ups of the employers, represents contravention and is sanctioned with fine between Ron 5000 and Ron 10000.
Source: The Official Gazette of Romania no. 941 of 07.11.2018; GEO no. 194/2002; Government Ordinance no. 25/2014
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