Workforce Without Borders: A Step-by-Step Guide to Romanian Work Permits And Visas (III): Residence Permit

Part III - Romanian residence permit as the final stage of the immigration procedure

After obtaining a work permit and a long-stay visa for employment (D/AM), foreign citizens may legally enter and remain in Romania for an initial period of up to 90 days.

Upon expiry of this period, continued legal residence in Romania is only possible by obtaining a Romanian residence permit. This step is essential both for extending the stay for work purposes and for exercising subsequent rights, such as family reunification, obtaining permanent residence, and, subsequently, acquiring Romanian citizenship, ensuring the continuity of the foreigner's legal status in Romania.

In this article, we analyze the procedure for extending the right of temporary residence in Romania, highlighting the applicable legislative framework, procedural deadlines, the competence of the authorities, the necessary documentation, the associated costs, and the legal consequences of failing to comply with the obligation to obtain a residence permit.

When should a residence permit be requested and which authority is competent to issue it?

In accordance with Article 51 of Government Emergency Ordinance No. 194/2002, the application for extension of the right of temporary residence must be submitted at least 30 days before the expiry of the period for which the right of residence was granted.

The application is submitted online by accessing the link https://portaligi.mai.gov.ro/portaligi/ , after fulfilling the conditions mentioned in the following section. Subsequently, the applicant shall appear in person at the territorial immigration office in their area of residence to submit the application for extension of the right of residence and present the original documents.

It is important to note that the temporary right of residence for foreigners employed in work may be extended for the duration of the employment contract for a period equal to its validity, but not more than 2 years.

What documents and fees are required when registering an application for a residence permit?

To extend their right of residence in Romania, applicants must submit the following documents to the competent authority:

1.     Border crossing document (passport);

·       Copy of the page with identification data;

·       Copy of the page containing the long-stay visa (D/AM) – for the first extension;

·       Copy of the page containing the stamp of the last entry into Romania.

2.     Proof of legal ownership of the living space;

·       Rental agreement registered with the competent tax authorities (if the owner is a natural person); or

·       Loan for use agreement; or

·       Notarized statement regarding the insurance of the living space; or

·       Sale and purchase agreement; or

·       Employer's statement confirming the provision of accommodation for the foreign citizen, together with the document certifying the employer's right of ownership or use of the property.

3.     Work permit (if applicable);

·       This is only required for the first extension, when changing employers, or when changing positions within the same employer.

4.     Extract from the employee register and salary report;

·       Screenshot from REGES (certifying the registration of the foreign citizen with the correct citizenship);

·       Salary report (screenshot from REGES) containing the details of the individual employment contract and the employer's signature.

5.     Individual employment contract;

·       Individual employment contract registered in REGES;

·       Additional documents to the contract.

6.     Medical certificate;

·       Medical certificate issued by a public or private healthcare facility confirming that the applicant does not suffer from any diseases that could endanger public health;

·       The certificate must expressly state that the applicant does not suffer from any diseases that could endanger public health.

7.     Fees;

·       Residence permit fee – 259 lei, payable at BCR or online to IBAN account RO10RNCB00204417830514;

·       Consular fee – the equivalent in lei of 120 euros, paid at CEC Bank or at the State Treasury, into the state budget account.

8.     Application form;

·       Automatically generated by the online portal.

How does the procedure for extending the right of residence work in practice?

Before applying for a residence permit, the general conditions for extending the right of temporary residence in Romania, as provided for in Article 50 of Government Emergency Ordinance No. 194/2002, must be met.

Essentially, the Romanian immigration authorities will verify whether the reasons that justified the foreign citizen's initial stay continue to exist and whether the applicant complies with the legal requirements for the duration of their stay in Romania. In addition, the authorities will check whether the applicant has a place to live (private property or rented), whether they have medical insurance, and whether they have paid their taxes.

The extension procedure is relatively simple and in most cases consists of two main steps.

First, the applicant will create an account on the official immigration portal https://portaligi.mai.gov.ro/portaligi/, upload the necessary supporting documents, and submit the online application for the extension of the right of residence. After submission, the documents will be reviewed by the immigration authorities. Through their account on the portal, the applicant will be informed if additional documents are required, or if the application has been rejected or accepted for further processing. The authorities usually respond within 30 days, which may be extended to 45 days in special cases.

If the file is considered complete and accepted, in the second stage the applicant will be scheduled, through their portal account, to appear at the territorial immigration office corresponding to their place of residence, where they will provide the authorities with the documents previously uploaded online, in original or certified copy, for consultation, and will also submit the printed application form. The form is automatically generated by the portal after the documents are uploaded and must be completed, signed, and submitted both electronically and in physical format.

There are also some isolated cases where the authorities request the applicant to attend a second meeting, in the form of an interview, in order to clarify any discrepancies observed as a result of processing the file, but in most cases it is sufficient to complete the two steps described above.

What happens if the individual employment contract ends during the period of validity of the residence permit?

The termination of the individual employment contract does not automatically mean that the applicant is obliged to leave Romania. According to the regulations in force, the applicant has a period of 90 days in which to initiate procedures to obtain a new job.

If the applicant receives unemployment benefits, according to Law No. 76/2002, the right of residence is maintained for the entire period during which the applicant receives the benefits.

In order to extend the right of residence for work purposes, the new individual employment contract must be concluded within a maximum of 15 working days from obtaining the new employment permit.

If, within 90 days, the procedure for obtaining a new employment permit is not initiated, the stay becomes illegal, which may lead to the issuance of a return decision by the General Inspectorate for Immigration.

What other penalties can be imposed on foreigners who do not extend their right of residence in Romania?

Failure to comply with certain obligations under the legislation on the status of foreigners constitutes an offense and may result in penalties. In particular, it is an offense for a foreign citizen not to leave Romanian territory after the expiry of their legal right of residence, or not to submit an application for an extension of their temporary right of residence within the legal deadline.

The penalties consist of administrative fines, the amount of which varies according to Article 135(e) of Government Emergency Ordinance No. 194/2002, depending on the length of the overstay, as follows:

·       between 400 and 700 lei for overstaying by up to 30 days,

·       between 600 and 1,000 lei for overstays of up to 60 days,

·       between 800 and 1,200 lei for overstaying by more than 60 days.

Also, in case of failure to comply with the deadline for submitting the application for extension of the right of stay, the penalty consists of a fine between 400 and 800 lei, according to the provisions of art. 135 lit. a) of Government Emergency Ordinance no. 194/2002.

Although these penalties are administrative in nature, they may negatively affect future immigration applications, as Romanian authorities routinely review compliance with foreigner legislation when deciding on subsequent applications for the granting or extension of the right of residence or the issuance of visas.

Practical benefits of extending the right of residence.

1.     Based on the residence permit, the holder can be identified in Romania (the permit functions as an identity document for foreigners), can open a bank account, and can be registered for tax purposes with the National Agency for Fiscal Administration (ANAF).

2.     After obtaining the extension of the right of residence for a period of at least one year, the foreign citizen may apply for family reunification as a sponsor, thus facilitating the obtaining of visas under simplified conditions for his or her family members—children, spouse, or parents.  This allows the entire family to relocate to a safe and predictable European country such as Romania, thereby implicitly improving their living conditions.

3.     Extending the right of temporary residence also has long-term strategic importance, as it leads to obtaining the right of permanent residence in Romania after 5 years of legal and continuous residence. After obtaining this status, foreign citizens benefit, to a large extent, from equal treatment with Romanian citizens, including unrestricted access to the labor market, the social security system, the public health system, and the education system.

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Extending the right of residence is not just an administrative formality, but also an essential legal step for maintaining legal status in Romania. Consulting lawyers specialising in immigration ensures that such procedures are carried out promptly, with our team providing professional and legal advice throughout the entire process.

Author: Paul Andrei Ciorba

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