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Hiring foreign nationals in Romania – conditions applicable for 2022

What are the requirements for hiring foreign nationals in Romania, and how complicated are the procedures in this matter? What are the applicable conditions by Romanian law to obtain a work permit for a foreign citizen? Answers to these questions and many more have been prepared in the article below, by experts in the field of immigration.
Hiring foreign nationals in Romania

As a general rule, any foreigner having citizenship of a country from outside the European Union can work in Romania only if he strictly meets the conditions imposed by the Romanian immigration law. It is required for that person, together with the future employer, to go through certain procedural steps in order to obtain the necessary work permit and the right of legal residence in Romania.

We will further describe the applicable rules and the procedure for hiring foreign nationals in Romania, and what the immigration process involves exactly.

General criteria for hiring foreign nationals (from outside the European Union)

Any Romanian employer (be it legal person or individual) who plans to hire a foreign national from a country that is not part of the European Union is obliged to ensure that a series of conditions established by law are fulfilled. Here are most important of them:

  • The employer must prove there are vacancies within the company for which, from objective reasons, there are no available candidates from Romania or from any other EU country; their availability must appear recorded with the employment agencies of the Member States concerned;
  • The foreign national applying for the position successfully fits within the annual quota of work permits approved by the Romanian authorities;
  • The foreigner has and can prove both the professional training and experience for the respective position;
  • The individual can prove that he is clinically healthy to perform all tasks at work for the respective position;
  • The future employee has absolutely no criminal record (which must be proven by a criminal record certificate issued by relevant authorities);
  • The position for which the foreigner applies matches with the economic activity that the employing company carries out;
  • The employer has not been sanctioned by authorities for undeclared work or illegal employment during at least the last three years;
  • The employer paid the all its tax obligations to the state budget for the last quarter prior to submitting the work permit application.

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Ovidiu Ivanof

Ovidiu Ivanof

Lawyer

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