The Van der Elst Visa: A Guide for Non-EU Workers

The Van der Elst visa has become increasingly sought after in a global economy that values international labor mobility. It offers a valuable route for non-EU workers employed by EU-based companies to provide services temporarily in other EU member states, and understanding its legal basis, eligibility, benefits, and limitations is essential for both employers and employees considering it.

What is the Van der Elst visa

The Van der Elst visa is tailored for non-EU workers employed by an EU company who need to render services in another EU member state on a temporary basis. It is grounded in EU legislation and court rulings, and it allows non-EU employees to work for a limited period in an EU member state other than the one where their employer is based.

Where it comes from

The Van der Elst procedure takes its name from a 1994 ruling by the European Court of Justice, involving Belgian national Raymond Vander Elst and the Office des Migrations Internationales. The case turned on the interpretation of Articles 59 and 60 of the EEC Treaty. The ECJ's ruling affirmed the freedom to provide services and the principle of non-discrimination within the EU, holding that a non-EU national employed by a company in one EU country must be allowed to provide services to a company in another EU country for a limited period without needing a work permit. That judgment laid the foundation for the visa as it exists today.

Legal basis

• EU Treaty basis: the visa's legal foundation lies in Articles 59 and 60 of the EEC Treaty, which set out the principles of freedom to provide services and freedom of movement for workers within the EU
• The 1994 ECJ ruling: established that non-EU nationals employed by a company in one EU country can offer services to companies in other EU countries for a limited duration without a work permit
• National legislation: each EU member state retains the freedom to enact its own rules and procedures for the Van der Elst visa, so the specific requirements vary from country to country

How it works in Romania

In Romania, the Van der Elst visa operates within the framework of national legislation. Under Article 20 of the Romanian Constitution and Article 1, point III.4 of Law No. 119/2014, any foreign national posted to Romania must obtain a posting authorization, issued by the General Inspectorate for Immigration upon request from the beneficiary of the service provision, provided the applicable conditions are met.

For foreigners intending to carry out economic activities in Romania, long-stay visas are granted under Article 44^1 of GEO 194/2002, for individuals engaging in organized and regulated economic activities as defined by special law. Applicants must provide documentation proving compliance with the conditions set by that law, medical insurance covering the visa's validity period, and a criminal record certificate or equivalent document.

Benefits

• Cost-effective mobility: employers can temporarily deploy non-EU workers to other EU member states without complex work authorization procedures in each country
• Access to diverse talent: employers gain access to a broader talent pool across EU countries
• Career development: non-EU workers gain international experience that enhances their career prospects
• Legal compliance: the visa ensures alignment with EU law on the freedom to provide services and movement of workers
• Business growth: companies can use the visa to explore new markets and strengthen their presence in other member states

Limitations and compliance

• The visa generally does not permit paid work beyond the scope of the underlying service agreement
• It typically grants a residence right of 90 days within a 180-day period, though extensions are possible through a Romanian residence permit as long as the initial EU member state residence permit remains valid
• Dependent family members are usually not eligible to accompany the visa holder, though they can enter as visitors

Why this matters

The Van der Elst visa remains a valuable mechanism for facilitating cross-border work arrangements within the EU. Understanding its legal framework, eligibility criteria, and limitations helps both employers and employees navigate international assignments with confidence, and consulting immigration specialists can help ensure compliance with the specific regulations of the destination member state.

Sources: EEC Treaty Articles 59 and 60, European Court of Justice, Romanian Constitution, Law No. 119/2014, GEO 194/2002