Workforce Without Borders: A Step-by-Step Guide to Romanian Work Permits and Visas for Employment Purposes (I)
- Talpes.law
- Sep 15
- 5 min read
Updated: 4 days ago
Part I – The Romanian Work Permit Process
Cross-border employment in Romania involves a multi-stage legal process—particularly when it comes to hiring citizens from outside the European Union. This three-part series is designed for Romanian-based employers and non-EU nationals seeking employment in Romania, providing a clear and practical overview of the full legal pathway to lawful employment.
The process typically consists of three main stages:
Obtaining the work permit (Aviz de muncă) – the employer’s responsability;
Securing the long-stay visa for employment purposes – the employee’s responsability;
Applying for the right to stay (Residence Permit) – also managed by the employee after arriving in Romania.
This first article focuses on the initial stage: obtaining the work permit. It is directed primarily to Romanian employers, outlining the applicable legal framework, key procedural steps, and the authorities involved in securing the permit for a non-EU employee.
I. Legal Framework Guiding the Romanian Work Permit Application
The process of obtaining a work permit in Romania is primarily regulated by Government Ordinance No. 25 of 26 August 2014 on the Employment and Secondment of Foreign Nationals on Romanian Territory.
This ordinance provides a structured legal framework that facilitates the lawful employment of foreign nationals while safeguarding the integrity of the Romanian labor market. It clearly defines the responsibilities of employers and foreign workers alike, and establishes the roles of the relevant public institutions—ensuring that the entire process remains transparent, coordinated, and compliant with national regulations.
II. Conditions and Required Documents for Obtaining a Romanian Work Permit
The legal conditions for hiring a non-EU national in Romania are clearly outlined in Government Ordinance No. 25/2014. Whether the employer is a company, a sole trader (PFA), or an individual enterprise, certain mandatory criteria must be met in order to lawfully employ a third-country national under an individual employment contract.
First, the employer must be genuinely active in Romania, with business operations relevant to the role offered. The company must not exist solely to sponsor immigration or circumvent visa regulations. Additionally, it must be up to date with all tax obligations, have no final convictions for labor-related or violent offences, and no fines in the past six months for illegal employment practices (such as undeclared work or lack of written contracts). The company must also demonstrate at least one year of experience in the relevant field of activity.
In addition to these general conditions, Romanian law requires a local labor market test. Before employing a non-EU national, the employer must first attempt to fill the vacancy with a Romanian citizen, an EU/EEA or Swiss national, or a third-country national already holding long-term residence in Romania.
To comply with this requirement, the employer must advertise the job publicly in a national newspaper and on the ANOFM platform (National Agency for Employment), which involves creating an online employer account. The job offer must be clearly linked to the company's organizational chart, and accompanied by a detailed job description.
If no suitable candidate is identified from the above categories, the employer may move forward with the foreign candidate but must first obtain a certificate from the local employment agency, confirming the outcome of the labor market test. This certificate must be issued within 90 days prior to the submission of the permit application. Additionally, a selection report must be drafted, showing that the non-EU candidate meets the educational and professional qualifications required under Romanian law for the role.
As for the candidate, they must meet certain baseline immigration criteria. This includes holding a valid travel document(typically a passport), not being subject to an entry ban, and not posing a threat to public order, security, or public health.
Importantly, the issuance of work permits is also subject to the national quota for foreign workers, which is set annually and broken down by sector and type of employment. If the quota for a given category has already been filled, the permit cannot be granted—even if all other legal requirements are satisfied.
In terms of documentation, in addition to those related to the labor market test (such as the job description, organizational chart, proof of advertising, agency certificate, and selection report), the following must also be submitted to the General Inspectorate for Immigration (IGI):
The company’s Certificate of Registration and Certificate of Incorporation from the Trade Register, confirming that no insolvency proceedings are pending;
A tax clearance certificate from the local tax authority, confirming payment of obligations for the most recent fiscal quarter;
The candidate’s curriculum vitae and two recent photographs (3x4 cm);
A copy of the candidate’s valid passport;
The candidate’s criminal record or equivalent certificate from their country of origin or residence, translated and legalized;
A signed declaration of medical fitness, and confirmation of basic language proficiency (in Romanian or another widely spoken language);
Any professional licenses or authorizations required for the specific role (if applicable);
The employer’s own criminal record certificate.
III. The Procedure for Obtaining a Romanian Work Permit
Once all required documents have been gathered, the employer may proceed with submitting the work permit application for the non-EU national. This process is primarily carried out through the General Inspectorate for Immigration (IGI) and involves both an online submission and an in-person appointment.
The first step is for the employer to create an account on IGI’s official online portal. Through this account, they must upload scanned copies of the complete application file. Care should be taken to ensure that no discrepancies arise between the documents uploaded and those presented later in person—especially if there is a gap of several weeks between filing and the appointment date.
After uploading the documents, the employer must schedule an in-person appointment at any IGI office in Romania. It is not necessary to choose the IGI office corresponding to the company’s registered headquarters; any location nationwide is acceptable. However, availability is often limited, and appointment slots may be booked four to six weeks in advance, so early planning is strongly advised to ensure that all documents remain valid and up-to-date at the time of submission.
At the appointment, the employer must present the full, original application file, including all documents previously uploaded online. In addition, proof of payment of the applicable state fee must be submitted. This fee typically ranges between EUR 25 and EUR 100, depending on the type of work permit. For most standard employment roles, the fee is approximately EUR 100. If the application is rejected, the fee is refundable.
Once the file has been physically submitted, IGI has up to 30 days to issue a decision. In certain cases requiring further verification, the deadline may be extended by an additional 15 days. If the file is incomplete or fails to meet legal requirements, the employer will be granted up to 30 days to submit any missing or corrected documents.
In practice, the full review process typically takes between 30 and 45 days, depending on the complexity of the case and the responsiveness of the applicant in providing any additional information.
Digital Issuance of Work Permits
As of March 2024, all work permits are issued electronically and sent directly to the employer’s registered email address. These digital documents are:
Electronically signed, ensuring legal authenticity,
Contain the employee’s Personal Numeric Code (CNP), which eliminates the need to obtain a separate Fiscal Identification Number (NIF)
This digitalization significantly simplifies the subsequent steps, including tax registration and social security enrollment, and marks a notable improvement in procedural efficiency.
Validity and Next Steps
Once issued, the work permit is valid for 180 days. Within this period, the foreign employee must use it to apply for a long-stay visa for employment purposes. If this deadline is missed, the permit expires, and the entire process must be restarted.
IV. Final Remarks
With the work permit secured, the employer’s role in initiating the legal employment process is complete. While the procedure may seem complex at first, it becomes straightforward with thorough preparation and expert guidance. Our team has extensive experience navigating these requirements, ensuring full compliance with Romanian labor and immigration laws.
The subsequent stage—obtaining the long-stay visa—falls to the employee and will be covered in Part 2 of this series, which will provide a detailed overview of the visa application requirements and procedures.
Author: Paul Andrei Ciorba
For more details, visit us or book a phone or video call — see our contact information below. We speak English, German, Italian, Hungarian, and Romanian.
Talpeș - SCPA (Law Firm)
str. Avram Iancu, nr. 16, ap. 9
400089 Cluj-Napoca, Romania
tel:+40364133211
Comments