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Recent regulations - published in the Official Gazette, Part I, no. 533 / 28.07.2011 – on the legal framework for foreigners in Romania; Publication of Law no. 157/2011 for the amendment and completion of the regulations on legal framework for foreigners in Romania, which came into force on 31.07.2011.
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Law no. 157/2011 amending and completing immigration legislation with respect to foreigners’ status in Romania was issued for creating the necessary legal framework for the direct application of Regulation (EC) no. 810/2009 of the European Parliament and the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), published in the Official Journal of the European Union No. L series, no. 243 of 15 September 2009 and creating the legal framework required to implement the Decision 582/2008/EC of the European Parliament and the Council of 17 June 2008 introducing a simplified regime for the control of persons at external borders based on unilateral recognition by Bulgaria, Cyprus and Romania of certain documents as equivalent to their national visas for transit through their territories, published in the Official Journal of the European Union No. L series, no. 161 of 20 June 2008 and Decision 586/2008/EC of the European Parliament and the Council of 17 June 2008 amending Decision No. 896/2006/CE establishing a simplified regime for the control of persons at external borders based on unilateral recognition by Member States of certain residence permits issued by Switzerland and Liechtenstein for the purpose of transit through their territory, published in the Official Journal of European Union L series no. 162 of June 21, 2008.
The Government Emergency Ordinance no. 194/2002 on the legal framework for foreigners in Romania, republished, with the subsequent completions, will be subject to further amendments and completions from the moment Romania applies all provisions of the Schengen acquis under the Council's decision issued in this regard.
The main amendments set forth (to the regulations on the legal framework for foreigners in Romania) by Law no. 157/2011 refer to:
- Introduction of new definitions and terms such as "EU Blue Card", "highly qualified position", "highly qualified employee."
- Introduction of separate phrases for “the long stay visa for assignment” (Romanian abbreviation D / DT) and for “the long stay visa for religious activities” (Romanian abbreviation D / AR);
- Introduction of new terms of validity for documents issued for certain categories, as a result of family reunification;
- Amendment of the phrase “permanent residence permit” in Romania;
- Amendments for the legal terms when applying for long stay visas issued for employment and family reunification;
- Introduction of a fixed term for issuing long stay visas for employment;
- Introduction of clear measures for employers who hire foreigners without work permit or whose work permit has expired;
The main amendments are hereinafter outlined:
1. Amendment of the definition of the term "foreigner" within the emergency ordinance GEO, as being: a person who has not a Romanian citizenship, the citizenship of another EU Member State, of the European Economic Space or of the Swiss Confederation;
2. Introduction of a new type of residence permit for employment, the "EU Blue Card" – entitling a foreigner to reside and work in Romania as an employee with a highly qualified position.
3. Introduction of two new types of long stay visa: long stay visa for assignment (Romanian abbreviation D / DT) and long stay visa for religious activities (Romanian abbreviation D / AR);
4. Extension / introduction of a statutory period in order to apply for long stay visa for employment: from 30 to 60 days and for assignment of 60 days, from the date when the work permit and visas (employment / assignment) were issued, shall be approved by the National Visas Centre within 10 days from the date of the issuance request.
5. Exclusion of the term "collective visa”;
6. In case a foreign employee changes his or her position within a Romanian company, the employer must obtain a new work permit.
7. Foreigners who are appointed as heads of Romanian subsidiaries, representative offices or branches of companies located abroad, and who are not shareholders, stockholders or administrators of any Romanian legal entity shall apply for a long stay visa for employment abbreviated D / AM (instead of a long-stay visa for other purposes abbreviated D / AS, according to previous regulations);
8. A criminal record certificate or other document with the same legal value issued by the authorities in the country of residence or origin of the foreigner shall be required as part of the application file for the work permit;
9. Introduction of the 60-day validity term for the certificate issued by the Employment Agency and required in order to obtain work permit for permanent employees;
10. Introduction of fines for employers who fail to keep copies of the documents governing the employment and stay right in Romania for foreign employees; increase of fines for hiring a foreigner without a work permit;
11. Replacement of the phrase: “the right to permanent stay” with “the right to long stay” which is the right granted by the competent authorities to stay in Romania for an indefinite period, under the law;
12. Introduction of the 10-year validity term for the residence permit (for foreign family members of Romanian citizens), and of the 5-year term for other categories of foreigners.
13. Concrete measures to sanction the employers who hire a foreigner without a work permit or whose work permit has expired; In serious cases, these measures may even lead to a temporary or permanent withdrawal of the business license;
14. Amendment of requirements for submitting a Tax Clearance Certificate (required to obtain a work permit), which shall reflect full settlement of payment obligations towards the state budget at the end of the quarter ended prior to application;
15. Work permits for highly qualified employees: there is no need for a selection proof, but it is mandatory to present a copy of the employment contract or of a firm employment offer for a highly qualified position, of at least one year, providing for a monthly salary of at least 4 times the gross average wage and a copy of the tax clearance certificate or of a diploma proving the necessary qualification for the relevant position for which a work permit is required; work permit for foreigners who hold a UE Blue Card issued by another Member State shall be issued within 15 days from the receipt date of the application.
16. Introduction of the 2-year prohibition for foreigners who have applied for / obtained a visa or temporary / long term stay right / by using false information, forged or falsified documents or by other illegal means.
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