Effective March 22, 2024, an Emergency Ordinance no. 25/2024 introduced changes to Romania’s immigration law to transpose the decision (EU) 2024/210 on the full application of the provisions of the Schengen acquis in Bulgaria and Romania, including the lifting of controls at the air and sea borders from March 31, 2024.
The main changes include the following:
- Employers must now have conducted business for at least one year in the field of activity for which an employment permit is requested and this may be checked by the General Inspectorate for Immigration (IGI).
- Employers must now conclude an individual employment agreement within 15 business days from the entry of the foreign national to Romania, or from obtaining a new employment permit (in the case of a long-stay visa for employment). From April 21, 2024, failure to comply with this requirement will be subject to a fine of between RON 5000 and RON 10,000, unless the failure to conclude the employment agreement in time is the fault of the foreign national;
- Foreign nationals who have entered Romania for the purpose of employment will be granted the right of temporary stay for the purpose of employment on presentation of their full-time employment agreement concluded within 15 business days from their entry into Romania or, as the case may be, from obtaining the new employment permit;
- The period within which the employer or, in the case of secondees, the beneficiary of the service must notify the General Inspectorate for Immigration (IGI) about any amendment or termination of an employment agreement or about the termination of the secondment of the foreign national, is reduced from 10 days to 5 business days;
- Foreign nationals are required to declare to the Romanian Immigration Office which granted them the right of stay, any change in connection with their employment, within no more than three days instead of ten days;
- IGI will also allocate a personal number code to foreign nationals for whom employment or secondment permits have been issued.
- Foreign nationals holding a long-stay visa or residence permit issued by another Schengen state can enter Romania for a maximum period of 90 days in any 180-day period preceding each day of stay in Romania, cumulative with the days spent in the other Schengen states, other than the state that issued their long-stay visa or residence permit.
- Foreign nationals who are visa exempt have the right to enter Romania and stay for 90 days in any period of 180 days preceding each day of stay in any Schengen state.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.