Government Ordinance no. 25/2024 | TaxFlash 102

Government Ordinance no. 25/2024 amending and supplementing certain normative acts in the field of foreigners and border control

 

In the Official Gazette, Part I, no. 250 of March 22, 2024, Government Ordinance no. 25/2024 was published, amending and supplementing certain normative acts in the field of foreigners and border control.

 

The provisions of Ordinance 25/2024 harmonize domestic legislation with the European provisions regarding the Schengen acquis, following Council Decision (EU) 2024/2010 of December 30, 2023.

1.  Long-stay visa

• Foreigners, holders of long-stay visas or residence permits issued by other Schengen states are allowed to enter Romania and may stay for a maximum period of 90 days within any 180-day period preceding each day of stay in Romania, calculated cumulatively with the time spent in the territories of other Schengen states, other than the one that issued the long-stay visa or residence permit.

2.  Short-term visa

• The possibility of extending the right of stay granted by a short-stay visa is introduced in certain situations (force majeure or humanitarian reasons), but the refusal of extension cannot be contested.

3.  Employment

• The deadline for notifying immigration authorities of any changes regarding employment is reduced from 10 days to 3 days for foreigners.
• Employers and beneficiaries of services are also required to notify within 5 working days – instead of the previous 10 days, the suspension or termination of the legal relationship with the foreigner.
• Third-country nationals may extend their right of stay for work purposes if they present a full-time employment contract concluded within 15 working days of entry into the country. This provision is no longer valid if the contract is not concluded due to the employer's fault.
• The possibility of mentioning the Personal Numeric Code on work and secondment permits is introduced.
• Employers are required to conclude individual employment contracts within 15 days of the entry into the country of the foreigner who has obtained a long-stay visa for work purposes. Failure to fulfill this obligation due to the employer's fault will result in fines ranging from 5,000 RON to 10,000 RON. This provision regarding the offense will be enforced starting April 21, 2024.
• A new condition is introduced for employers wishing to obtain work permits – they must actually carry out the activity for which they request the work permit for a minimum of 1 year.