The Romania Official Gazette no. 250/22.03.2024, Government Emergency Ordinance no. 25/2024 was published to amend and supplement certain normative acts regarding foreigners. Emergency Ordinance no. 25/2024 brings new provisions related to the regime of foreigners in Romania and new provisions regarding border control regulations. The main changes brought by the new normative act are:

Changes regarding employment rights:

  1. One significant aspect is the Romanian employer's obligation to conclude the employment contract with the foreign citizen within 15 working days of the foreigner's entry into Romania or from obtaining a new permit. Long-stay visas (D/AM) may be canceled if the deadline is not met.

    Failure to comply with the above-mentioned deadline will result in a fine between 5,000 and 10,000 lei (failure to comply with this obligation constitutes a misdemeanor, as long as it is not due to the fault of the foreign citizen). The sanction will become applicable in 30 days from the publication of the EO.

  2. One new condition was introduced for the issuance of the work permit, which assumes that the employer has carried out activity for at least 1 year in the field of activity for which the work permit is requested. To determine the fulfillment, inspections can be carried out by the IGI representatives at the company headquarters. The condition does not apply for obtaining the work permit to change the employer.
  3. Employers have the obligation to notify the General Inspectorate for Immigration regarding the termination of the employment contract in the case of employees/secondees (for whom there is no obligation to obtain a work permit to perform the activity), within 5 working days from the date of the occurrence of the event. The previous provision stipulated a term of 10 days
  4. Foreign citizens holding a long-stay visa or residence permit issued by another Schengen state can enter Romania for a maximum period of 90 days in any 180-day period preceding each day of stay in Romania, cumulative with the days spent on the territories of the other Schengen countries, other than the one that issued their long-stay visa, respectively the residence permit.
  5. Foreigners who are exempted from visa, have the right to enter the territory of Romania and stay here for 90 days in any period of 180 days preceding each day of stay on the territory of any Schengen state.
  6. Visa applications can be submitted to diplomatic missions or consular offices of Romania abroad, where the applicant has domicile or residence, and in special, urgent cases, to any diplomatic missions or consular offices of Romania abroad if the applicant has the right to stay in that country legally.
  7. A new provision regarding extending the short-stay visa or right of residence granted to foreigners by visa has been introduced. Thus, the duration of validity and/or the right of residence based on a short-stay visa issued by the Romanian authorities (or any other Schengen country) can be extended if the competent authority considers that the visa holder has demonstrated major force or humanitarian reasons that prevent him from leaving the territory.
  8. The legal deadline for submitting the notification to the General Inspectorate for Immigration in case of any changes to the employment contract (obligation of the foreigner) has been changed from 10 days to 3 working days. The legal deadline for submitting a notification to the General Inspectorate for Immigration in the event of the termination or suspension of the legal work relationship with the foreigner who does not need a Romanian work permit for local employment/secondment (obligation of the employer/beneficiary of services) has been changed from 10 days to 5 working days.
  9. Each foreigner who has been issued a work permit for local employment/secondment purposes, and has been granted the right of temporary residence or the right of long-term residence, will also be granted a personal numerical code by the General Inspectorate for Immigration.

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.