A new work permit adjudication system, the “Approval Scheme,” went into effect in Romania on November 28th, 2014. While employers must still submit an employment approval application to the General Inspectorate for immigration through their representatives, additional requirements have been imposed. Additions include a labor market testing requirement, which specifically entails placing a minimum of three advertisements in a widely read publication. Also, approval will only be granted to employers who have paid taxes for the previous quarter, who do not have Labor Code or criminal convictions, and who have no record of employment-related sanctions within the previous three years. Although the Romanian government has stated that the 30-day processing time for work permit applications should not be affected, some delays are plausible.
Once the approval has been granted to the employer, the non-EU national employee may apply for a work visa and eventually, a residence permit. Employers must be aware of the new requirements and comply. Non-compliance may result in fines ranging from €150 to €4500. Employers who commit more serious violations may face closure of their workplace or denial of state-provided subsidies.
Intra-company transferees, highly skilled EU Blue Card workers, professional athletes, and cross-border works are exempt from the labor market testing requirements. However, intra-company transferees will require secondment approval during the relocation process. Pending applications are subject to this new scheme as well.
Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.