Amendments regarding foreigners’ residence in Romania for employment purposes

On 28 November 2014, Government Ordinance no. 25/2014 on employment and secondment of foreigners into the Romanian territory and amending and supplementing certain legislative documents on the foreigners’ status in Romania (the “Ordinance”) became effective.

This legislative document has particularly relevance as regards the conditions regulating the residence of foreigners (persons who do not have Romanian citizenship, who have the citizenship of another Member State of the European Union or of the European Economic Area or the citizenship of the Swiss Confederacy) in Romania.

An element of novelty brought about by the new legislative provisions consists of the labor authorization required by the old regulation being replaced with an employment or secondment certificate issued by the General Immigration Inspectorate.

In view of receiving the above-mentioned certificate, employers need to satisfy a series of general conditions, such as: to actually conduct the activity for which they request the foreigner’s employment, not to have been sentenced by final judgment for a criminal offence stipulated in the Labor Code or for criminal offences against the person, committed with intention, not to have been sentenced in the past 3 years for having employed up to 5 foreigners without labor right, or up to 5 individuals for whom no employment agreements were concluded, or for the failure to deliver the employees’ evidence records no later than on the business day preceding the first day of that employee on the job, etc. Furthermore, in view of receiving the certificate, employers shall prove that they used their best diligences to have that vacant position occupied by a Romanian citizen, by a citizen of another Member State of the European Union or of the European Economic Area, by a citizen of the Swiss Confederation or by a foreigner holding a right for long residence in the Romanian territory.

In addition, the amending document introduced the sole residence license, an identification document issued to the foreigner by the General Immigration Inspectorate, attesting to the former’s rights of residence and labor in Romania. The sole certificate license needs to be obtained by the foreigner at least 30 days prior to the expiry of the residence right granted by means of the visa.

At the same time, the category of persons who may request the long residence visa for employment/secondment without obtaining an employment or secondment certificate has been widened, to cover the foreigners holding the right of temporary residence for education.

The Government Ordinance was published in Official Gazette of Romania, Part I, no. 640 dated 30 August 2014.