Overview of Romanian immigration requirements for foreign nationals

By Claudia Sofianu

I. EU/ EEA citizens

In accordance with the current Romanian immigration rules, EU/ EEA citizens may enter Romania without being required to obtain a visa and they are allowed to stay herein up to 90 consecutive days since the last entry, without having the obligation to apply for registration certificates (former ”residence permits”).
If EU/ EEA citizens intend to stay in Romania for longer periods, they should request a registration certificate for one of the following purposes:

- dependent or independent activities (i.e., local employment, secondment, as administrators of Romanian companies or freelance activities);

- a document confirming the purpose of stay should be presented upon registration (e.g., employment contract, secondment letter, letter from Romanian company confirming the assignment, mandate contract, as the case may be);

- have available means of support in Romania (amounting to at least approx. EUR 35/ individual); in addition, the persons in question must prove that they are insured under the Romanian health insurance system; in practice, the proof of health coverage in another EU/ EEA Member State – done with a valid European Health Insurance Card (“EHIC”) – is also accepted;

- enrollment with an educational institution authorized according to Romanian legislation;

- as family members of a resident; depending on the case at hand, Romanian authorities require for the marriage certificates or personal documents to be apostilled, legalized or over-legalized.

II. Third-country nationals

Romania has published a new immigration act, effective 31 July 2011. It amends the previous immigration law, providing for additional documentary requirements for work permit applications. This results in additional time for getting in compliance with Romanian immigration requirements.

As a general rule, non-EU citizens intending to conduct certain activities in Romania are required to obtain a related type of Romanian visa before entering the country. The Romanian legislation provides for two main categories of visas for foreign individuals, with single or multiple entries: short-term visa; and long-term visa.
Visas of both categories allow foreign citizens to stay in Romania for an aggregate period of 90 days within a 6-month period. The short-term visa does not give the right to work in Romania and may not be extended. The long-term visa is currently issued based on a valid work authorization and therefore, once obtained, grants the right to stay and carry out activities in Romania.

A. Entry visas

Citizens of following jurisdictions may enter Romania without a visa and stay herein for up to 90 days in a 6-month period computed as from the date of first entry:

(a) The exemption from visa obligation applies only to passport holders of the Hong Kong Special
Administrative Region (SAR) of China.
(b) The exemption from visa obligation applies only to passport holders of the Macau SAR of China.
(c) The exemption from visa requirement applies only to holders of biometric passports.
(d) The exemption does not apply to holders of Serbian passports issued by Department of Serbian Coordination (“Koordinaciona Uprava”).

The exemption from visa requirement applies to British nationals of a territory subordinated to British government.

Another special condition concerns the following countries (nationalities) which are required to obtain a special invitation letter approved by Romanian Immigration Office in order to apply for a short-term visa for Romania:

B. Work authorizations

Companies based in EU or EEA Member States can second EU and EEA nationals to Romania without obtaining a work authorization. The seconded individuals apply directly for registration certificates. However, in case the secondees are not EU/ EEA nationals, although still exempt from Romanian work authorization, they have to follow the procedure for obtaining Romanian residence permits (and not for registration certificates).
The secondment of non-EU nationals by an employer located outside EU is limited to one year within a 5-year period.
The right to stay of non-EU individuals may be extended – by applying for an extension of the residence permits – as follows:
- for local employment purposes, the extension may be granted based on the work authorization; it should be noted that, according to the amended immigration law, when transferring from assignment contract to local employment agreement – starting with the 2nd year of activities in Romania – the formalities are the same as under a direct local employment;
- whereas, foreigners assigned as heads of foreign company branches and foreign citizens named as administrators of Romanian companies are exempt from the obligation to obtain Romanian work authorizations, but are still required to obtain a Romanian residence permits.
The types and number of work authorizations to be granted to foreign nationals in 2011 are:

• Work authorizations for permanent workers (local employees) – 4,000

• Work authorizations for posted workers (assignees) – 600

• Work authorizations for seasonal workers – 200

• Nominal work authorizations – 100

• Work authorizations for workers on probation – 100

• Work authorizations for athletes – 300

• Work authorizations for cross – border workers – 200

C. Residence permits

Both short-term and long-term visas allow foreign nationals to stay for up to 90 days in a 6-month period. Although the short-term visa cannot be extended, the long-term visa can be extended through an application for a residence permit.
The following documents are required for a visa extension for the individuals locally employed, but also for individuals that are seconded to Romania from a non-EU/ EEA country as of July 2011:
- work authorization;
- medical insurance for the visa period;
- proof of accommodation and means of support in Romania;
- other documents, depending on the purpose of stay.

For instance, in case of administrators of a Romanian company, the respective company must prove that the following cumulative conditions are met:
- the person was formally appointed as company’s administrator;
- at the application date, the person is not a shareholder within the company concerned, or within another Romanian company and was not during the last 2 years before the application either;
- there is no other third-country national within the company concerned who may have obtained a residence right for this purpose, and
- company’s share capital contribution or technology transfer is of at least 50,000 Euro.

Moreover, visas for commercial purposes can be requested by foreign citizens who are or will become shareholders or associates of a Romanian company. One of the documents to be obtained for this type of visa is the endorsement from the Romanian Agency for Foreign Investments which is granted subject to certain cumulative conditions, as for example:
- existence of a business plan;
- evidence, by means of a bank statement, that they hold the funds and will make investments of at least EUR 150,000 (for a joint-stock company) and EUR 100,000 (for a limited liability company);
- they will create at least 10 jobs (in a limited liability company) and 15 jobs (in a joint-stock company).

Documents such as study diplomas, marriage certificates, birth certificates should be over-legalized before the arrival in Romania (either with Hague Convention Apostille, where applicable, or with the relevant Romanian consular offices after obtaining an attestation from local foreign authorities).

Similar residence permits can be issued to immediate family members accompanying a foreign individual in Romania – i.e., spouse, children, parents and parents-in-law – if they cannot support themselves and do not benefit from family support in the home country.
For foreign nationals who are family members of Romanian citizens, EU or EEA individuals, the Romanian Immigration Office issues residence cards with a validity of 10 years.

D. Blue Card applications

The EU Blue Card was introduced in the Romanian legislation as of July 2011.
The Blue Card is a new EU wide immigration category designed to encourage use of workforce by employing highly skilled migrants. Qualifying criteria are for the respective migrant to have a valid employment offer, to hold advanced qualifications and be paid at least 1.5 times the average gross annual salary in the host country.
Benefits are that, after a period of 2 years, the respective third-country individual may change employer within the host country without having to seek prior work authorization.
Moreover, after 18 months in the respective country based on EU Blue Card, the person should have the right to work as skilled third-country migrant across EU Member States, subject to each state’s approval.

E. Family and personal considerations

Family members. The spouse of a non-EU or non-EEA national holding a local work authorization must apply for a separate work authorization if intending to work in Romania. She must also obtain the appropriate visa to stay herein.
Customs regulations for individuals. Special duty treatment is provided for personal belongings of individuals establishing domicile or residence in Romania, goods introduced into Romania on marriage, inherited goods and household goods used for furnishing a residence in Romania and personal effects shipped through parcel and postal services. For certain goods, such as tobacco products and alcoholic beverages, duty exemption is granted within prescribed quantities.

F. Useful addresses
For EU/ EEA nationals and their family members, Romanian Immigration Office is located in 29 Nicolae Iorga Street, Bucharest, District 1.
For non-EU citizens, Direction for Immigration located is in 3-5 Eforie Street, Bucharest, District 5.