Employing people from countries outside the EU

The great majority of citizens of non-EU countries need a work permit to be entitled to work in Romania. The person concerned has to apply for and receive their permit before travelling to Romania, but in certain circumstances an application can be submitted after the person has entered in our country.
The professional activity of foreign citizens on national territory can only be carried out with a Work Permit.
According to the European Union regulations, every EU/EEA citizen enjoys the same labor rights as the ones applied to Romanian citizens, thus, their situation does not impose a work permit. Foreign citizens who are third country nationals, can work in Romania only after obtaining a work permit, and subsequently a long stay visa for work and a residence permit.
There are several types of work permits that can be granted to foreign citizens:
• work permit for permanent workers
• work permit for posted workers
• work permit for seasonal workers
• work permit for trainees
• work permit for cross-border workers
• work permit for highly qualified workers
• work permit following change of employer
• work permit for ICT workers
• work permit for workers au pair

Depending on the category of the activity, the right to extend the temporary stay for employment purposes can be extended up to 1 year, as a general rule. As far as highly skilled workers are concerned, their stay can be extended up to 2 years.
An employee’s long-stay visa is tied to their work permit, which is valid for a maximum of one year. Provided that they still work for the same employer, foreign citizens would only need to renew their stay permit at least 30 days before it expires since the work permit would be renewed at the same time.
Expats travelling with their families will have to apply for a separate visa for each family member. Family members are not allowed to work in Romania unless they also have a work permit. Those already in the country on a temporary residence permit would have to apply for a work permit if they want to take up employment in the country.
According to the General Inspectorate for Immigration, 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.
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 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

After the submission of the paperwork for the application, the General Inspectorate for Immigration will respond within 30 days from the application, but the term might be extended by maximum 15 days in case that additional verification is required. After the work permit is release, the next step is for the employee to apply for the long-term visa at consular offices and diplomatic missions from the home country, within 60 days from the date of the work permit release.

Catalina Nichita – Junior Associate

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