Citizens of a country outside the European Union and the European Economic Area who are willing to work in Romania, firstly they need to find an employer and pass the tests required. If the employer decides to hire a non-EU citizen, the employer will have to obtain a work authorization. A non-EU citizen can be employed in Romania by only one employer at one time.
The employer shall obtain the work permit from the territorial units of the General Inspectorate for Immigration from the county where his headquarters is. To do so, they will submit a series of documents.
If the employee is a non-EU citizen, he can work in Romania only with a work authorization, if the following conditions are fulfilled:
- The vacant positions cannot be filled by Romanian citizens of EU Member States / EEA or by permanent residents in Romania
- The special requirements of the job , such as training, work experience are fulfilled
- The future employee is medically fit to engage in the work activity
- The future employee has no criminal record
- Hiring position shall be adequate within the annual quota approved by Government Decision
- The employer shall has no tax debt to state
- The employer actually carries out the business activity for which the approval of the employment notice is requested
- The employer has not been sanctioned during the past 3 years for undeclared work or illegal employment.
The General Inspectorate for Immigration processes the applications for the work authorization 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 request for a work authorization submitted by the employer of a holder of an EU Blue Card issued in another member state shall be settled within 15 days of receipt.
The work authorization is canceled by the General Inspectorate for Immigration in the following cases:
- It is subsequently found that at the date of issue of the work authorization the legal terms were not respected.
- It is subsequently found that the work permit has been obtained on the basis of false or forged documents.
- The employer does not collect the work permit within 30 days from the issuing date set by the General Inspectorate for Immigration.
- It is found that the conditions for the issuance of the work permit are no longer fulfilled at the date of obtaining the long stay visa.
If the work authorization was lost, upon request of the holder, the General Inspectorate for Immigration issues a duplicate of the lost, damaged or destroyed work authorization.
The work authorization shall be kept by the employer for the provision of services throughout the period of employment or posting. The employer must keep a copy of the residence permit or travel document, at least during the period of employment, which will show the legality of the foreign citizen's stay in Romania.
After obtaining the work authorization, the employer should send this document to the employee to present it at the Romanian embassy during the visa application, and the foreign employee will obtain the long stay visa for employment / deployment from the diplomatic missions and consular offices of Romania.