Topic 1 Terminology and legal frameworks of the national labour market
The Romanian Immigration Office (ORI) is the institution responsible for emission of documents that grant TCNs the permission to work in Romania.
The nationals who are not citizens of a state member of the EU, the EEA or the Swiss Confederation, have the right to work in Romania under legal conditions and obligations that will be presented by the employer and the ORI.
In order to become part of the Romanian labour market, you have to follow these steps (if you do not belong to the categories of foreign citizens not requested a permission to work in Romania) :
- To identify the employer you want to work at on Romanian soil.
- The employer you identified must provide you with a work permit.
- A visa application based on the work permit given by the employer and other documents to be submitted to Romania’s diplomatic mission in the employee’s state (this step is not required if you are already in Romania and you have a legal right of residence).
- Based on the agreement of the diplomatic mission on visa, you will be able to enter Romania for the purpose of work.
- Members of a Romanian family.
- Persons that have permanent residence in Romania.
- Persons benefiting from a form of protection – for instance, international protection and asylum seeker.
- Persons who are in Romania for other purposes granting them the right to work, i.e.: students, persons who have come to reunite with the family.
- The employer cannot hire a Romanian citizen, citizens of other EU member states or of the countries signatory to the agreement on the European Economic Area, or foreigners who are permanent residents of Romania (specific job conditions and job descriptions).
- The future employee must have all the professional training requirements with the relevant and necessary experience and licenses requested by the employer.
- A document submitted by the foreigner to prove that he/she is medically fit to perform that work or activity and that he/she has a clear criminal record.
- The employer must have paid all of its obligations to the state for the latest quarter.
- The employer have never been sanctioned for undeclared work or illegal employment.
- You are the manager of a company that has foreign shareholders and you are the only person nominated to that position;
- You request a nominal work permit;
- You request a work permit for cross-border workers;
- You have the right of residence for studies.
The law compels you to submit a statutory declaration attesting you have minimum knowledge of the Romanian language. You might like to check if in the company you are going to work for there are other people who speak your language, if you can benefit from the services of an interpreter, or if they can offer Romanian language courses.
The emergency ordinance no. 194/2002 sets the framework which regulates the entry, stay and exit of foreigners on Romanian territory or from Romanian territory, their rights and obligations, as well as specific immigration control measures, according to the obligations undertaken by Romania through the international documents it has ratified.
For the purposes of the above mentioned emergency ordinance, various important terms and expressions on the national level should be defined:
a person who does not have Romanian citizenship or the citizenship of another member state of the European Union or the European Economic Area.
the foreigner who does not have the citizenship of any state.
the foreigner holder of a temporary residence permit or a residence card, granted under the conditions of this emergency ordinance.
the foreigner holder of a permanent residence permit or a permanent residence card, granted under the conditions of this emergency ordinance.
the foreigner with legal residence on the territory of Romania, who submits an application for family reunification under the conditions of this emergency ordinance.
specialized structure within the General Directorate of Consular Affairs of the Ministry of Foreign Affairs, which contributes to the establishment and implementation of Romania’s national visa policy, together with the other institutions of the central public administration, according to the powers established by law.
the authorization materialized by applying a sticker or a stamp on a valid state border crossing document, which allows the foreigner subject to this obligation to present himself/herself at a border crossing point to request transit or temporary stay for a determined period, with the fulfilment of the conditions provided by this normative act.
the authorization granted by diplomatic missions or consular offices of Romania, which allows the foreigner to pass through the international transit area of a Romanian airport, without entering the territory of the Romanian state, on the occasion of a stopover or a transfer between two legs of an international flight.
the right granted to the foreigner by the competent authorities, to stay on the territory of Romania for a determined period, under the conditions of the law.
the identity document issued by the Romanian Immigration Office, under the law, to the foreigner who is extended the right of residence in Romania or to the one who is granted the right of permanent residence, as the case may be.
the identity document that is issued to the foreigner by the Romanian Immigration Office, under the terms of the law, certifying the right to stay and work on the territory of Romania.
marriage concluded with the sole purpose of circumventing the entry and stay conditions of foreigners and obtaining the right to stay on the territory of Romania;
the discussion held by a representative of the Romanian authorities with the person requesting the Romanian visa or the extension of the right of residence under the conditions of this emergency ordinance, in order to obtain additional information regarding the data entered in the requests, reasons for travel and stay in Romania, and the veracity of the documents presented;
the worker within the Romanian Immigration Office, with attributions in ascertaining the existence of the elements of a marriage of convenience;
the foreigner, holder of a diploma of higher education that allows him/her access to doctoral programs and who is accepted by a research-development unit to carry out scientific research activities within a project.
