Changes to the legislation applicable to foreign citizens – Legislative Newsletter, 7th March 2024

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LEGISLATIVE NEWSLETTER

Includes:

  • Law no. 28/2024

Law no. 28/2024

Law no. 28 published in the Official Gazette no. 176 of 05.03.2024 for the modification and completion of some normative acts in the field of foreigners, makes the following mentions:

 

Commentary:  This law brings important changes to the legislation applicable to foreign citizens, respectively the Government’s Emergency Ordinance no. 194/2002 regarding the regime of foreigners in Romania and Government Ordinance no. 25/2014 regarding the employment and posting of foreigners on the territory of Romania.

With respect to the changes brought to the emergency Government Ordinance no. 194/2002 regarding the regime of foreigners in Romania, we mention the following::

    • During their stay in Romania, foreigners are obliged to declare to the territorial formation of the Romanian Immigration Office that granted them the right of residence, any change in their personal situation, especially the change of name, citizenship, domicile or residence, termination, dissolution or annulment of marriage, birth of a child, death of a family member in Romania. At the same time, they must declare any change made in connection with their employment, as well as the extension or change of the state border crossing document. These declarations must be made within 10 days from the occurrence of the change.
    • The theft or loss of documents for crossing the state border will be reported to the competent police body within 48 hours.
    • The host entities are obliged to inform the territorial formation of the General Inspectorate for Immigration regarding the termination or suspension of the legal relationship with the foreigner, within 10 days from the date of the occurrence of the event.
    • The foreigner can request a long-stay visa for secondment within 180 days from the date of obtaining the secondment notice by the beneficiary of the provision of services. The visa is resolved by the National Visa Center within 20 days from the date of submission of the visa application.
    • Requests for family reunification are approved if the applicant has means of maintenance, in addition to those necessary for their own maintenance according to the law, in an amount corresponding to the minimum gross basic salary in the country guaranteed in payment for each family member, spanning over a period of 3 months.
    • Foreigners who entered Romania for the purpose of employment are extended the right of temporary stay for the purpose of work if they present the full-time individual employment contract, registered in the general register of employees, from which it can be seen that the salary is at least the level of the gross minimum basic salary per country guaranteed in payment. In the case of highly qualified workers, the salary must be at least at the level of the gross average salary.
  • The right of temporary residence for work purposes (in the case of permanent workers) is extended for a period equal to the validity period of the employment contract, but not more than 2 years.
  • Foreigners, highly qualified, are extended the right of temporary residence for the purpose of work for a period equal to the validity period of the employment contract plus 3 months, but not more than 3 years.
  • Foreign minors, the right of residence for the purpose of family reunification is extended if they present the consent in authentic form of the other parent who exercises parental authority regarding obtaining the right of temporary residence on the territory of Romania.

Regarding the changes made to Government Ordinance no. 25/2014 regarding the employment and posting of foreigners on the territory of Romania, we mention the following:

  • Foreigners holding the right of temporary residence for studies can be employed in Romania without an employment permit only with an individual part-time work contract, with a maximum of 6 hours per day.
  • The employment permit is issued by the General Inspectorate for Immigration at the request of the employer if, among other things, they actually carry out on the territory of Romania activities compatible with the function for which they requests the employment of the foreigner and the employer’s activity has not been established or does not take place with the main purpose to facilitate the entry of foreigners into the territory of Romania
  • For the approval of the employment notice, the employer must have paid the obligations to the state budget. The proof of the fulfillment of this condition is made by the presentation by the employer of the valid tax attestation certificate, issued by the public finance administration in the territorial area of which the corporate or professional headquarters is located or, as the case may be, the employer’s domicile, regarding the payment of obligations to the state budget.

It should be remembered that this law brings a series of changes regarding highly qualified workers, among which we note the request for the selection procedure for obtaining the employment permit.

 

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