[ESTABLISHING A BUSINESS ENTITY IN ROMANIA] 398
of the movement of workers within the Union and Regulation (EC) No. 810/2009 of the European Parliament and of the Council of 13 July 2009, establishing a Community Code on Visas (Visa Code). The basic rules are as follows: 4.8.1 Residency of EU nationals, citizens of European Economic Area member states and citizens of the Swiss Confederation EU nationals, citizens of European Economic Area member states and citizens of Switzerland (hereafter “ Nationals ”) have in principle free access to the labour market of Romania, under the same conditions as Romanian nationals and to economic activities under the law applicable to Romanian citizens. The entry of Nationals into Romania is visa-free and is admitted exclusively on the basis of a national identity document, a passport or of another valid travel document. Concurrently, Nationals can leave Romania by producing the same documents as those presented upon their entry. The exit of Nationals from Romania can only be denied in two cases: (i) they are defendants in criminal cases and a preventive measure has been taken against them in compliance with the 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 abovementioned conditions. 4.8.2 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) visa, residence permit or residence card, as well as (iii) documents attesting to the purpose and conditions of the trip, and any documents indicating that they hold 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 relevant international agreements to which Romania is party.
ILN Corporate Group – Establishing a Business Entity Series
Made with FlippingBook Ebook Creator