How do you deal with staff shortages? In a labor market where the shortage of employees is felt at all levels, the orientation towards the labor force outside the borders of the country and even of the European Union is a brave and salutary step.
Most employers, however, give up such an approach from the beginning because of the difficulty of the entire legal process. Each case can have extra steps (smaller or larger), but usually, this out-of-the-box project is time-consuming (and energy) and involves three stages. For reckless organizations, these internships until effective employment are detailed below.
Most foreign workers are in fields such as construction, clothing or manufacturing, according to BIA HR statistics, which already has a consistent portfolio of immigration assistance. The hires are often made for larger groups, precisely to limit the interaction with the authorities.
A good specialist should not be off-limits. How do you proceed in finding the people you need and accepting a competitive salary for the organization, but they are non-EU citizens?
HOW THE REALIST IS EMPLOYING NON-EU CITIZENS
Immigration and local employment as permanent workers of non-EU citizens implies a bureaucratic risky road. It can be divided into three main stages, as they arise from the legislative interpretation and especially from the practice:
Stage I – Obtaining the work permit for the permanent worker
This essential document for starting the entire employment procedure is also the most difficult to obtain due to the long duration. The required file contains several documents that must be collected both from the employer and from the foreign citizen.
The work permit must be requested by the employer from the Romanian Immigration Office and is issued within 30 calendar days from the date of filing the file, with the possibility of being extended by another 15 days.
The BIA HR consultant with expertise in the area of immigration assistance draws attention that all the documents received from the non-EU citizens and issued by the authorities of his / her country of residence must be apostilled or over-legalized, as the case may be (e.g.: criminal record).
Stage II – Obtaining the long-stay visa for D / AM type work purposes
This visa is issued by the Romanian Consulate from the country of residence of the foreign citizen (based on the work authorization issued by the Romanian Immigration Office) within 10 days from the date of filing the file.
Basically, after obtaining the work authorization (stage I), the employer sends the original document to the foreign citizen, and the latter submits personally the visa file which must contain, at work, the work authorization at the Romanian Consulate in the country of origin or from the nearest state where the Consulate exists.
Stage III – Obtaining the residence permit for work purposes (single permit)
When the foreign citizen has a long-stay visa applied in the passport, he can come to Romania and sign the individual employment contract. After the individual employment contract is signed, the foreigner must apply to the Romanian Immigration Office (from the locality where he established his residence) to submit the file in order to obtain the residence permit. On this occasion, it will be photographed and imprinted. The deadline for issuing the residence permit is 30 calendar days from the date of filing the file, with the possibility of being extended by another 15 days.
The permit is valid for one year, and the foreign citizen has the obligation to present with 30 days before the expiration time for the submission of a new file in order to extend the residence permit (provided that he still has contractual relations with the employer in Romania).
A realistic deadline for completing the formalities required for the hiring process is 2-3 months if the employer knows the procedures and quickly obtains all the documents requested by the authorities.
The process can be daunting, especially for a company that has never tried such a recruitment solution, but calling for immigration assistance consulting services means not only getting personalized information for your case but also exempting you from interacting with authorities and afferent bureaucracy.
Would you try such a recruitment project? Contact us and we advise you!
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