Various Immigration Rule Changes

December 21, 2018 | Romania

Romania has enacted a law that institutes several changes to the immigration rules for foreign workers. The immigration authorities are reviewing the law and will issue implementation instructions providing more detail shortly.

The changes in the law related to foreign workers are as follows:

Reduction in invitation letter processing time: The General Inspectorate of Immigration will now process invitation letter approvals in 45 days, down from 60 days.

Minimum salary reductions: The minimum salaries required for all categories of foreign workers have been decreased, as follows:

  • Local hires, assignees and intra-company transferees must receive a minimum gross salary of RON 1900 per month. Previously, the minimum salary required was the average gross salary, RON 4162.
  • Highly-skilled workers must receive at least twice the average gross salary or RON 8324. Previously, the minimum salary required was four times the average gross salary or RON 16648.
  • The minimum means of support for family members is now the minimum gross salary (RON 1900) per dependent.

Work permit process changes: The local hire work permit process has changed as follows:

  • Acknowledgement of studies (approval of the foreign national’s diploma) by the Romanian Ministry of Education is no longer required.
  • An advertisement for the position only needs to be placed in a national newspaper for one day, even if qualified and available Romanian or EU national candidates are found in the Work Force Agency system. Previously, the position advertisement had to be placed for three days if qualified candidates were found in the system.

New Au Pair work permit category: A new Au Pair work permit category has been created.

Work authorization and residence permit fee reductions: Work authorization fees for local hires, assignees and intra-company transferees are now EUR 100, down from EUR 200. Fees for residence permits for students, postgrads, and family members and for applications to change employer or position are now EUR 25, down from EUR 50.

New end of assignment notification requirement: The employer must now notify the immigration authorities of the completion of an employment contract or assignment within 30 days.

Violation check for sponsoring companies: For all types of work authorization applications, the immigration authorities will now check to see if the sponsoring company was subject to penalties for non-compliance with immigration rules in the six months before the application. The application will be denied if violations are discovered.

New penalties for non-compliance: The following new penalties for violations of immigration requirements will apply:

  • RON 5000 -10,000 for interference with a compliance audit
  • RON 1500-3000 if requested documents and information are not provided by the deadline
  • RON 1500-3000 if the employer does not notify the authorities of completion of a contract or assignment within 30 days