[ESTABLISHING A BUSINESS ENTITY IN ROMANIA] 404
provisions of the Romanian criminal procedural code and (ii) they are criminally convicted, and detention must be executed. The stay of Nationals in Romania for fewer than three months is not conditioned by any other supplementary requirement. The right of Nationals to temporary stay in Romania for a period exceeding three months is dependent upon several conditions: (i) they are workers, or (ii) they are able to support themselves and the members of their families and they possess health insurance acknowledged by the Romanian social security system or (iii) they are registered as students in an accredited educational institution in Romania, they have health insurance and they have the means to support themselves and their family members in Romania, usually at least at the level of the minimum guaranteed revenue in Romania or (iv) they are the family members of a National who complies with one of the abovementioned conditions. Nationals who are in one of the abovementioned situations apply for a registration certificate within three months as of their entry into Romania to the corresponding territorial branch of the Immigration Office, providing in their application supporting documents as to their compliance with the
conditions of the trip, and any documents indicating that they have the appropriate financial means to support themselves during the transit. The list of the countries whose citizens, holders of simple travel documents, must be in possession of a visa upon entry on the Romanian territory, as well as the list of the countries whose citizens, holders of simple passports, are exempt from the requirement of a Romanian visa, are established according to European Council Regulation number 1806/2018, as well as according to the provisions of the relevant international agreements to which Romania is party. Long-stay visas will be issued to foreigners, on demand, for a period of up to 90 (ninety) days, depending on the nature of the activity the applicant for such visa will carry out on the Romanian territory. Aliens requiring a Romanian visa will have to attach to their application form a valid travel document, acknowledged by the state of Romania, as well as all of the documents required under the law, in order to confirm the stated purpose of the trip, the duration of the stay, the fact that they have the financial means to support themselves during the stay, and also to return to their home country or continue the trip to a third state that will grant them entry, upon the end of their stay in Romania. However, depending on the function of the purpose for which the long-stay visa is required, the applicants will have to attach to their application other necessary documents. After entering Romania on the basis of a long- stay visa, foreigners have to carry out the necessary formalities with the relevant Romanian Immigration Office in view of obtaining a temporary residence permit. As opposed to short-stay visas, the reasons for which long-stay visas can be issued include
abovementioned conditions. 4.9.2 Third-country nationals
As per the provisions of Emergency Ordinance 194/2002, an “alien” is defined as any individual with neither Romanian citizenship nor the citizenship of any Member State of the European Union, of the European Economic Area or of the Swiss Confederation. As a general provision, an alien can enter Romania only on the basis of (i) a passport or any other valid travel document for crossing the Romanian state border, (ii) a visa, residence permit or residence card, as well as (iii) documents attesting to the purpose and
ILN Corporate Group – Establishing a Business Entity Series
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