How to obtain a work permit for a foreign citizen

Given the current economic and social context of labor relations, more and more employers are facing the challenges of Romanian labor market.

Thus, the Romanian employers have chosen to cover this deficit by hiring foreign citizens from outside the European Union and the European Economic Area, but in order to do so, a bureaucratic procedure before the Inspector General for Immigration is needed.

If a Romanian employer wants to hire a person who is not a citizen of an EU Member State or the European Economic Area as a permanent employee will have to obtain a work permit from the General Inspectorate for Immigration in the county where he is social based.

 

The employer must submit a series of documents and meet certain conditions:

  • Motivated application;
  • Proof of the employer’s legal empowerment;
  • Certificate of registration at the trade registry office, in original and copy;
  • Certificate of Attestation issued by the Trade Register Office, which shows that there were no recordings regarding the opening of the bankruptcy procedure;
  • 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;
  • 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;
  • Job description, employer’s organizational chart with job descriptions and vacancies;
  • Proof of publishing by mass media in Romania of a notice for vacancy;
  • Firm hiring offer;
  • 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;
  • Declaration by the foreigner on his own responsibility that he is medically fit to work and that he or she has minimal knowledge of Romanian or knows an international language;
  • Curriculum vitae and two 3/4 photos of the foreigner, which may also contain the foreigner’s declaration that he is medically fit for work and that he or she has minimal knowledge of Romanian or knows a language of movement;
  • Authorization document provided by law (when applicable);
  • 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;
  • Employer’s criminal record;
  • Copy of valid border crossing document;

 

Condition that must be meet:

  • The vacant positions cannot be filled by Romanian citizens of EU Member States / EEA or by permanent residents in Romania;
  • The foreign citizen meet the specific training, work experience and authorization conditions;
  • The foreign citizen prove that he is medically capable to engage in the respective activity;
  • The foreign citizen do not have a criminal record incompatible with the work that he is doing or are going to exercise in Romania;
  • The annual quota approved by Government Decision is respected;
  • 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 was not punished for undeclared work or illegal employment during the last 6 months prior to the settlement of the application for the workers.

The General Inspectorate for Immigration processes the applications for the issuance of the work 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 work permit is canceled by the General Inspectorate for Immigration in the following cases:

  1. a) it is subsequently found that at the date of issue of the work permit the conditions stipulated by the Ordinance in this regard were not met;
  2. b) it is subsequently found that the work permit has been obtained on the basis of false or forged documents;
  3. c) the employer / beneficiary the services does not collect the work permit within 30 days from the date scheduled for the settlement of the demand for the General Inspectorate for Immigration;
  4. d) it is found that the conditions for the issuance of the work 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 permit.

The work permit shall be kept by the employer for the entire period of the employment. The employer must keep for at least the duration of the employment, 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 to the foreign citizen the work permit  and based on this document he will obtain the long stay visa for employment from the diplomatic missions and consular offices of Romania based on foreign citizen country of residence.

 

Catalina Nichita – Junior Associate

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