Romania

    Guidance

    1.1 Has any guidance already been issued in relation to Brexit, for example on residence or work permits in the event of a no-deal Brexit?

    No.

    Romania has not yet issued contingency rules that would apply in the event of a no-deal Brexit. As per informal discussions with representatives of the immigration authorities, it appears there has been communication between the Ministry of Internal Affairs and the Ministry of Foreign Affairs on this topic, but there may be no official conclusions or information published until it is known whether the UK will be leaving the EU with no deal.

    Recently, a post on the immigration authority website provided the following information:

    ‘Throughout the Brexit process, the European Union's objective, as set out in the Guidelines adopted by the European Council on 29 April 2017 and in the Conclusions adopted at its subsequent meetings, was to protect the legitimate choices and expectations of EU citizens in the UK and UK nationals in EU countries, by protecting their right to reside, to work, and to study in the host country. The strategy proposed by the European Commission in this area aims at adopting by the EU 27 Member States a generous approach to UK nationals already residing in their territory with the purpose of ensuring mutual treatment of EU citizens in the UK inclusive.

    Since Romania has always placed citizens first and therefore, has opted for a favorable approach to the rights of UK residents residing in its territory, their rights will be extended beyond 29 March 2019, but temporarily until 31 December 2019. In conclusion, nothing is going to change for British citizens already living on Romanian territory at the time of the UK's withdrawal from the EU.

    Thus, in order to maintain the rights of British citizens who have exercised their right to free movement in Romania before the date of the UK’s withdrawal from the EU, a normative act aimed at regulating the regime applicable to UK nationals and to their family members after the UK's withdrawal from the EU without an agreement will be drafted.

    British citizens arriving in Romania after the date of the UK’s withdrawal from the EU will be subject to the provisions of the national legislation regarding the status of third country nationals.

    This information will be continuously updated, depending on the evolution of the matter, with relevant news to be provided to British citizens and their family members.’

    As a side comment, national legislation regarding the status of third-country nationals indicates as a general rule that foreigners require work and residence permits to work and live in Romania, with or without the obligation to secure a long stay visa for work (depending upon citizenship), following the issuance of the work permit.

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    Business visas

    2.1 When UK employees become third-country nationals will they require a business visa?

    It depends.

    Currently, immigration legislation categorises third-country nationals into two groups:

    • countries with increased migratory potential requiring entry visas. These can be short or long stay (and there is a varying degree of scrutiny depending upon the region established in accordance with the provisions of Regulation EC 539/2001);
    • third-country nationals from countries with increased economic potential (US, Canada, Japan) who do not require any type of entry visa.

    Nevertheless, any third-country national from a country with increased migratory potential holding a valid Schengen visa or residence permit within the Schengen Area will be exempt from the requirement for a short-stay entry visa (business or otherwise) and allowed to stay for maximum of 90 days within any given 180-day period.

    Given the above, UK nationals may require a short-stay business visa or may be allowed to enter visa-free within the maximum indicated legal deadline provided above.

    However, even if allowed to enter and stay visa-free, UK nationals might nonetheless need a work permit either for local employment or secondment arrangements.

    2.2 What documentation will be required for business travel on arrival at the border once UK citizens are considered third-country nationals?

    Travel document (valid passport) with a validity of no more than ten years that is valid for at least three months after departure from Romania.

    Proof of duration and purpose of stay, as border control may ask additional questions (e.g. an invitation letter from a Romanian-based company) concerning duration and purpose of stay.

    In addition, UK nationals must provide proof that they hold international traveller health insurance covering Romania that is valid for at least 90 days with a minimum coverage of EUR 50,000.

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    Permission to work

    3.1 When UK citizens become third-country nationals will they need permission to work?   

    Yes, unless they can rely on an exemption such as:

    • business-related approved activities;
    • family members of an EU national or a Romanian national;
    • holders of a permanent Romanian residence permit;
    • ‘Van Der Elst exemption’ (subject to conditions);
    • student under a part-time four-hour employment contract.

    3.2 If permission to work is needed do any quotas apply for employing third-country nationals?

    Yes. Each year, a work permit quota is approved by Government Decision.

    3.3 If permission to work is needed, as of when will it be needed?

    Current status: from 1 November 2019 in the event of no deal.

    3.4 If permission to work is needed, what are the most common categories?

    Work permit for permanent workers (standard work permit) with yearly renewal.

    Work permit for highly skilled workers (EU Blue Card) renewable after two consecutive years.

    Work permit for secondment arrangements for a maximum of one year within any given five-year term.

    ICT work permit valid for three consecutive years.

    Work permit for seasonal workers.

    3.5 If permission to work or stay is needed, how long does the procedure take?​​​​​​​

    The procedure takes an estimated 90 to 120 days taking into account only the legal deadlines, depending upon the applicable long-stay visa protocol.

    3.6 If permission to work or stay is needed, what Government fees would be due for this permission?​​​​​​​

    Currently the government fee for a work permit is the Romanian equivalent of EUR 100 for a permanent worker/assignee/highly skilled worker and the Romanian equivalent of EUR 25 for a seasonal worker.

    Long-stay visa for employment/secondment – Euro 120;

    Residence permit and EU Blue Card - EUR 175 for the issue of a residence permit.

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    Permanent residence

    4.1 From when can third-country nationals obtain permanent residence?

    Following a legal uninterrupted stay of five years calculated based on the submission date of the file. Stays as a student will be counted at half of their actual duration. Immigration will verify that the third-country national did not spend more than 300 days outside Romania during the required five-year term.

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    Residence Status

    5.1 What steps could UK nationals still take to secure their residence status?

    Currently, UK nationals must follow the procedure for obtaining a certificate of registration (dependent or independent means, personal means of support, etc.). This is a same-day service provided by the relevant immigration services.

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