10 Proposed Changes to Romania's Foreigners Regime Legislation
Government Emergency Ordinance no. 194/2002, which regulates the regime of foreigners in Romania, was undergoing a proposed round of modifications in 2023.
Nestlers Group Editorial Team
Global Mobility Advisory Team
Work permits and residence permits are essential for foreigners seeking to work and integrate into the Romanian labor market, and both are governed by Government Emergency Ordinance no. 194/2002. In 2023, this ordinance was undergoing a round of proposed modifications, with several key changes targeting the procedures for work permits and residence permits.
1. Notification deadlines for ending an employment relationship
Under the current law, host entities in Romania must inform the territorial formation of the General Inspectorate for Immigration about the termination or suspension of a foreigner's legal relationship within 30 days of the event. The proposed changes would shorten this deadline to 10 days.
2. Extended deadline for secondment visas
Currently, a foreigner can apply for a long-stay visa for detachment within 60 days of the host entity obtaining detachment approval. The proposal extends this to 90 days, though this extended deadline applies only to detachment; for foreigners coming to Romania for employment, the existing 180-day deadline from the issuance of the work permit remains unchanged.
3. Clarified means-of-subsistence requirement
The current law requires an applicant to show proof of means of subsistence, beyond what is needed for their own support, equal to the gross minimum wage for each family member. The proposal specifies that this amount must be shown for a period of 3 months, under a revised Article 46, paragraph (9), letter c).
4. Faster family reunification
Under the current process, family reunification can only begin once the sponsor has obtained an EU Blue Card. The proposed changes, under Article 51, paragraphs (3) and (8), would allow the sponsor's residence extension request and their family members' extension requests to be processed simultaneously.
5. Revised terms for highly skilled workers
Currently, highly qualified individuals must earn at least twice the gross average wage, and their residence permit is valid for a maximum of 2 years. The proposal lowers the salary threshold to the level of the gross average wage and extends the maximum residence permit validity to 3 years.
6. Temporary residence rights for mobile highly qualified workers
A new article is proposed to extend mobility rights for highly qualified workers within the EU, allowing holders of a European Blue Card to enter and stay in Romania for 90 days within any 180-day period to engage in economic activities without needing a separate work permit.
7. Shorter qualifying period for relocation to Romania
Under current law, a European Blue Card holder must have 18 months of legal residence in their first EU member state before relocating to Romania for highly qualified employment, with family members' residence rights extending accordingly. The proposal reduces this qualifying period to 12 months.
8. Additional documentation for scientific researchers
Currently, foreigners entering Romania for scientific research can extend their temporary residence permit by presenting a hosting agreement approved by the Ministry of Research and Innovation. The proposal adds a second requirement: proof of sufficient means of subsistence, at least equal to the gross minimum wage, for a period of at least 6 months.
9. Shorter reporting window for lost or damaged permits
The current law gives residence permit holders 5 days to report theft, loss, damage, or destruction of their permit to the Romanian Immigration Office, with fines of 100 to 500 lei for violations. The proposal extends this reporting window to 10 days, while also proposing increased fines for related violations, including failure to report a change of address or failure to meet residence extension deadlines.
10. More working hours for student visa holders
Foreign students holding a temporary residence permit for studies can currently work in Romania without a separate work permit only through a part-time contract capped at 4 hours per day. The proposal raises this cap to 6 hours per day.
Why this matters
These proposals represent a selection of the changes under consideration and had not yet been formally adopted at the time of writing. They would require official approval before becoming part of Romanian law, and employers and foreign employees should watch for confirmation before relying on any of these changes.
Sources: Government Emergency Ordinance no. 194/2002
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