Law on the amendment and completion of normative acts regarding the regime of foreigners in Romania

Law no. 28 was recently published in the Official Gazette, which ensures the implementation of EU Directive 2021/1883 of the European Parliament and of the Council of October 20, 2021, regarding the conditions of entry and residence of third-country nationals to occupy highly qualified jobs.

Among the changes made are extended periods of validity of residence permits, especially for those employed. Residence permits for permanent workers can now be issued with a validity of up to 2 years, up from 1 year previously, while for highly skilled workers the validity is extended to a maximum of 3 years, up from 2 years previously.

Another significant change is the reduction of the minimum monthly employment wage for highly skilled workers from "at least twice the average gross wage" to "at least one average gross wage".

The law also benefits the family reunification process for EU Blue Card holders, as now the reunification application can be submitted at the same time as the EU Blue Card application for the foreigner.

A new category of workers has been introduced, the mobile highly skilled worker, which extends the right of residence for work purposes.  Thus, the foreigner holding a valid EU Blue Card, issued by a member state, can enter, and stay in Romania, in order to carry out an economic activity, for a period of 90 days in any 180-day period, without being required to hold a work authorization issued under the conditions of the local immigration legislation.

After 12 months of legal stay in the first member state or after 6 months of legal stay in the second member state, as an EU Blue Card holder, the foreigner has the right to enter, settle and work in Romania as a highly skilled worker, without the obligation of holding a work authorization or a long stay work visa. Within a maximum of one month after entering Romania, the foreigner has the obligation to request the issuance of an EU Blue Card.

The family members of the foreign citizen who came to Romania after 12 months of legal stay in the first member state or after 6 months of legal stay in the second member state, as EU Blue Card holders, have the obligation to request their extension the right of residence within at most one month after entering Romania.

Other changes include extending the period of validity of the work authorizations for secondment purposes, from 60 days to 180 days, extending the deadlines for resolving long-stay visa applications for the purpose of secondment from 10 days to 20 days and reducing the period from 30 days to 10 days to notify the Immigration Office about the termination or suspension of the legal relationship with the foreigner.

Finally, the law also introduces conditions regarding the professional skills necessary to obtain the employment permit for highly qualified workers, requiring at least 5 years of professional experience. However, only 3 years of relevant professional experience within 7 years prior to application will be required for the positions belonging to the minor group 133 «Leaders in information and communication technology services» and the major subgroup 25 «Specialists in information and communication technology».

This law will enter into force starting from March 8th, 2024, less the provisions for which another term has been specified.

For additional details, please consult the Official Gazette no. 176 of March 5, 2024.

The EY team is available for further details on the above.