1.Host entities will be obliged to inform the territorial unit of the General Inspectorate for Immigration (IGI) about the termination or suspension of the legal relationship with the foreigner, within 10 days from the date of the event.

2.The foreigner will be able to apply for the long-stay visa for secondment within 180 days from the date of obtaining the secondment notice by the beneficiary of the provision of services, instead of 60 days, as the ordinance now provides (the long-stay visa for secondment is granted to foreigners for the purpose of carrying out lucrative activities on the territory of Romania to a beneficiary of the provision of services).

3.The certificate regarding the labour force available for the vacancy, issued no more than 90 days in advance, until now had a validity of 60 days.

4.Regarding the extension of the right of temporary residence for work purposes, in the case of highly qualified workers, the salary will no longer have to be at least twice the average gross salary, but to equal it (a single salary for 2024 is 7,567 lei)

5.The maximum period by which the right of temporary residence for work purposes can be extended will be two years, compared to one year, as the ordinance now provides (of course, the idea remains that it is extended either up to this maximum or for the period of validity of the employment contract). For highly skilled workers, the maximum period increases to three years, instead of two.

6.Moreover, Law 28/2004 introduces in the ordinance the regulation of the right of temporary residence for work purposes for highly qualified workers within a mobility: "Foreigners who hold a valid EU Blue Card issued by a Member State applying the Schengen acquis in full may also enter and remain in Romania, in order to carry out an economic activity, for a period of 90 days over any 180-day period, a situation called short-term mobility, without the need to hold the employment permit issued according to the special legislation on the employment and secondment of foreigners on Romanian territory.

7.Conversely, foreigners holding a valid EU Blue Card issued by a Member State not applying the Schengen acquis in full have the right to enter and stay for the purpose of carrying out a business activity for a maximum of 90 days over any 180-day period on the basis of the EU Blue Card and a valid travel document, without the need to hold the employment permit issued according to the special legislation on the employment and secondment of foreigners on Romanian territory, according to the draft law.

Economic activity shall mean a temporary activity directly linked to the commercial interests of the employer and to the professional duties of the EU Blue Card holder on the basis of the employment contract in the first Member State, including attending internal or external business meetings, attending conferences or seminars, negotiating trade agreements, carrying out sales or marketing activities, prospecting business opportunities or participating in formation and training activities.

After 12 months of legal residence in the first Member State or after 6 months of legal residence in the second Member State, as an EU Blue Card holder, foreigners have the right to enter, hold a residence and work in Romania, in order to obtain a highly qualified job, based on the EU Blue Card and a valid travel document, without the obligation to hold the employment permit issued according to the special legislation regarding the employment and secondment of foreigners on Romanian territory. Within one month of entering Romania, foreigners have the obligation to request the issuance of an EU Blue Card.

If, after 12 months of legal residence in the first Member State as an EU Blue Card holder, the foreigner moves to Romania for the purpose of a highly qualified job, his/her family members applying for reunification may have their right of residence extended according to the provisions with the obligation to present the residence permit issued by the first Member State.

8.Foreigners applying for the first EU Blue Card will also be able to apply for family reunification for their spouse and minor children. Family reunification can be applied for simultaneously with the application for an EU Blue Card, and applications can be solved simultaneously. Several changes are expected regarding the long-stay visa for family reunification, such as interviewing the sponsor and the reasons for rejecting applications, but also regarding the rules for extending such visa. There is no longer a need for the sponsor to wait for the permit first and then apply for family reunification.

9.The law also provides for the revocation of the Blue Card in case of unemployment if:

  • the EU Blue Card holder cumulates a period of unemployment of more than three months if he or she has held an EU Blue Card for less than two years;
  • the EU Blue Card holder cumulates a period of unemployment of more than six months if he or she has held an EU Blue Card for at least two years.

Ordinance no. 25/2014 regarding the employment and secondment of foreigners on Romanian territory
10.The notion of highly-qualified worker is redefined by this new legislative act – it is no longer required to be employed for at least one year, but for at least six months. The notion of qualification acquired in higher education is also detailed.

11.1It is expressly specified that it is not necessary to obtain the employment permit for employment on Romanian territory of foreigners from the following categories:
'p) foreigners holding a valid EU Blue Card, issued by a Member State of the European Union, who are to carry out activities on the territory of Romania for work purposes, as highly qualified worker, within a mobility;
q) foreigners holding a valid EU Blue Card, after 12 months of legal employment on Romanian territory as a highly-qualified worker;
r) foreigners holding the long-term right of residence granted by another Member State of the European Union who hold a long-term residence permit which reads "Former EU Blue Card holder".'

12.Foreigners holding the right of temporary residence for studies will be able to be employed on the territory of Romania without an employment permit only under a part-time individual employment contract with a working time of maximum six hours per day, not a maximum of 4 hours, as the ordinance provided until now.

13.The employment permit is issued by the General Inspectorate for Immigration at the request of the employer that meets certain conditions provided by the ordinance. And these conditions require some amendments: for example, it is necessary to carry out the activities compatible with the position for which the foreigner's employment is requested effectively on the territory of Romania; it is also necessary for the employer to have paid any duties to the state budget, not only in relation to the last quarter, prior to submitting the application; a new condition arises, that the employer's business has not been set up or is not carried out for the main purpose of facilitating the entry of foreigners on Romanian territory. In order to ascertain the fulfilment of these conditions, IGI may carry out checks at the employers' headquarters or work points.

14.'High professional competences shall mean the possession of knowledge, skills and competences attested by at least five years of professional experience of a level comparable to the qualifications acquired in higher education and which are relevant to the profession or sector specified in the employment contract or in the binding job offer,' the draft also states.

'For occupations belonging to the 'Information Technology and Telecommunications Service Managers' and 'Computer and Communication Specialists' groups, high professional competence shall mean possession of knowledge, skills and competences attested by at least three years' relevant professional experience within seven years prior to the application for an EU Blue Card", the draft also provides.

15.It is also expressly specified that the employment/secondment permit shall be cancelled by IGI upon termination of the employment contract or secondment.

Note: This law will transpose a European directive, which is already overdue (the deadline for transposing Directive 1883/2021 was 18 November 2023).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.