Law no. 28/2024 amending and supplementing certain normative acts regarding foreigners | TaxFlash 99

 

In the Official Journal, Part I no. 176 of March 5, 2024, Law no. 28/2024 was published amending and supplementing certain normative acts regarding foreigners.


Firstly, this Law transposes into Romanian legislation the provisions of Directive (EU) 1.883/2021 of the European Parliament and of the Council of 20 October 2021 on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment and repealing Directive 2009/50/EC of the Council, published in the Official Journal of the European Union, Series L, no. 382 of 28 October 2021.

The most important modifications resulting from the implementation of the EU Directive 1.883/2021 are as follows:

1. Holders of the EU Blue Card issued by another Member State
  • Holders of the EU Blue Card can enter and stay in Romania to carry out temporary economic activities directly related to the employer's commercial interests and professional tasks for a period of 90 days in any 180-day period without obtaining a short/long-stay visa.
  • After 12 months of legal stay in the first Member State or after 6 months of legal stay in the second Member State, as holders of the EU Blue Card, foreigners have the right to enter, establish residence, and work in Romania for the purpose of taking up highly qualified employment, based on the EU Blue Card and a valid travel document, without the obligation to obtain a work permit or a long-stay visa for employment purposes. Within one month from entering Romania, the foreigner is obliged to apply for the issuance of an EU Blue Card.
  • Family members of the foreigner, holder of an EU Blue Card issued by another Member State, have the right to enter and establish residence in Romania, without the obligation to obtain a long-stay visa. Like the sponsor, these family members are required to apply for the extension of the right of residence within one month from entering Romania.
  • The application for the extension of the stay right submitted by the holder of the EU Blue Card obtained in another Member State, filed simultaneously with the applications for the extension of the stay right submitted by his family members, is processed at the same time.
  • If Romania is the second Member State where the EU Blue Card has been applied for, it is obliged to communicate the approval or rejection decision, by written response, to the first Member State within 30 days from the date of the decision.
  • New categories are added to the list of foreigners that are exempted from obtaining a work permit:
    • Holders of EU Blue Cards issued by other Member States;
    • Holders of EU Blue Cards who have been legally employed for 12 months on Romanian territory;
    • Foreigners holding a long-term residence permit issued by another Member State, former holders of an EU Blue Card.
2. Foreigners applying for the first EU Blue Card in Romania
  • The gross monthly salary required for highly skilled workers has changed from 2 times the average gross salary per month to 1 gross salary per month. In 2024, the average gross salary is 7,567 lei/month.
  • In order to obtain a work permit for highly skilled workers, the employer must justify that efforts have been made to fill the vacant position by a Romanian citizen, a citizen of another EU Member State or the European Economic Area, a citizen of the Swiss Confederation, or a foreigner holding a long-term residence right in Romania. The requested justifying documents are the following:
    • the certificate regarding the available workforce for the vacant position, issued no more than 90 days before the application for the work permit by the employment agency in whose territorial jurisdiction the employer has its registered office or professional headquarters;
    • proof of publication through mass media in Romania of a job advertisement for the vacant position;
    • a copy of the Minute drawn up by the employer indicating the results of the selection made for filling the vacant position.
  • A new criterion for approving the work permit for highly skilled workers is introduced, namely the criterion of “superior professional competencies”. This is justified either by qualifications acquired in higher education or by relevant professional experience, as follows:
    • Regarding occupations belonging to minor group 133 "Managers in information technology and communications services" and major subgroup 25 "Information and communications technology specialists", as established in the Romanian Occupational Classification, superior professional competencies are defined as having knowledge, skills, and competencies attested by at least 3 years of relevant professional experience within 7 years before submitting the application for issuing an EU Blue Card.
    • In other cases, superior professional competencies are defined as having knowledge, skills, and competencies attested by at least 5 years of professional experience at a level comparable to qualifications acquired in higher education and relevant to the profession or sector specified in the employment contract or firm job offer.
  • A new facility is introduced for the foreigners who apply for the first EU Blue Card in Romania: foreigners can simultaneously apply for family reunification. The application for family reunification submitted simultaneously with the application for the issuance of the sponsor's first EU Blue Card is processed at the same time.
  • The conditions for revoking the EU Blue Card for unemployment are modified as follows: the unemployment cannot exceed 3 months for holders of the EU Blue Card of less than 2 years, respectively 6 months for holders of the EU Blue Card of at least 2 years.
3. EU Blue Card for foreigners beneficiaries of international protection as well as for family members of citizens of EU Member States, EEA countries or the Swiss Confederation exercising their right to free movement as highly skilled workers
  • The EU Blue Card will also be granted to foreigners who are beneficiaries of international protection granted by Romania or another EU Member State, if they meet the eligibility conditions.
  • The list containing the categories of eligible foreigners for extending the right of residence for work purposes without the obligation to obtain a long-stay visa is extended: beneficiaries of international protection, as well as family members of citizens of EU Member States, EEA countries or the Swiss Confederation exercising their right to free movement as highly skilled workers.
  • Foreigners beneficiaries of international protection in Romania are readmitted to Romanian territory immediately and without formalities, together with their family members, following a removal decision taken by the Member State where they had long-term residence rights or which issued the EU Blue Card.

In addition to implementing the Directive, the Law brings additional modifications to the current immigration framework, the most important of which are as follows:

  • The validity period of the single permit is extended from 1 year to 2 years, and the EU Blue Card from 2 years to 3 years.
  • The deadline for informing the competent authorities is changed from 30 days to 10 days for changes related to:
    • the first and last name,
    • travel documents,
    • citizenship,
    • domicile or residence,
    • marital status,
    • the birth of a child,
    • the death of a family member residing in Romania,
    • the termination/suspension of employment relationships,
    • theft, loss, damage, or destruction of the residence permit.
  • The same deadline for informing the competent authorities as above will be used for EU citizens for the following obligations of information:
    • any changes regarding name, surname, citizenship, and address;
    • in the case of family members who are non-EU citizens, any relevant change in marital status.
  • The deadline for submitting documents by the long-stay visa applicant for posting is increased from 60 days to 180 days after obtaining the work permit. Also, the visa processing period is changed from 10 days to 20 days.
  • A new condition is introduced for approving family reunification application requests, namely: the sponsor must prove having means of support, for each family member, for a period of 3 months (1 minimum gross salary * 3 months/person, including himself).
  • In order to obtain the residence permit for family reunification, the sponsor must must prove having means of support, for each family member, for the period for which the extension is requested or, as the case may be, for a period of at least 12 months, if the sponsor is the holder of a long-term residence right or temporary residence right, granted for a period exceeding 12 months.
  • The maximum duration of part-time work is increased from 4 to 6 hours for foreigners holding temporary residence permits for studies, who can be employed without a work permit.
  • When obtaining the work permit, the foreigner who has established a new company must demonstrate that it was not established exclusively to facilitate the entry of foreigners into the Romanian territory.
  • The value of fines for failure to inform the immigration authorities about reporting requirements, is increased.

All these changes entered into force as of 8 March 2024.