The Romanian labor market is still facing an acute shortage of staff in many areas of activity. As a result, many companies are turning their attention to workers outside the European Union, although the immigration process is long and difficult. We discuss on average about a period of 3-4 months from the decision to hire, until the moment when the foreign citizen can actually start his work activity.
The duration of this process depends on several factors, including: the validity of criminal records issued in the home country, the need to over-legalize or apostille documents, the duration of issuing certain documents in the country of residence of the future employee.
In principle, any classic immigration process (for local employment) goes through 3 stages: obtaining a work permit from the Romanian General Inspectorate for Immigration, obtaining a work visa from one of the Romanian Consulates, and obtaining a residence permit for work purposes.
Specific exceptions introduced by Law no. 200/2020, so Romanian companies can hire Moldavians easily
In short, Law no. 200, which was published on September 10, 2020, comes in support of employers and facilitates the immigration process for citizens of the Republic of Moldova, Ukraine and the Republic of Serbia, for the purpose of employment, for a maximum period of 9 months within a calendar year.
Specifically, the employment of citizens of Moldova, Ukraine and Serbia for a maximum period of 9 months in a calendar year is now possible under this law, without the requirement to apply for a work permit. However, it remains mandatory, where applicable for the individual, to obtain a work visa for employment from the Romanian Consulate in the country of his/her residence.
We emphasize that we are talking about 9 months in a calendar year and not 9 consecutive months. Therefore, if the employment is started in November, for example, the employment contract can only be valid until December (i.e., for 1 month).
What happens if you want to extend your employment relationship?
Once the period of 9 months expires, the parties can extend the employment relationship only after obtaining a work permit. Then the residency permit can be obtained, but without the obligation for the individual to obtain a new long-stay visa for the purpose of employment.
Therefore, Romanian companies intending to employ citizens of the Republic of Moldova, Ukraine and Serbia have the option to conclude an initial employment contract for a maximum period of 9 months in a calendar year. This facilitates employment only on the basis of the work visa, without obtaining in advance a work permit. The parties can then extend the employment relationship, if desired, after the arrival of the foreigner in Romania.
