[ESTABLISHING A BUSINESS ENTITY IN ROMANIA] 400
Aliens who hold permanent residence permits issued by the relevant Romanian Immigration Office may enter and reside in any of the member states of the European Union for up to 90 days, within a period of six months, without a visa being required. Aliens can take up permanent working positions in Romania upon compliance with the following cumulative conditions: (i) the respective vacancies cannot be filled with Romanian, EU, EEA nationals or with permanent residents, (ii) they comply with the special professional training, experience and authorization conditions required by the employer in accordance with the legislation in force and do not have a criminal record incompatible with the activity which is envisaged to be carried out in Romania, (iii) they provide evidence of being medically fit to carry out the respective activity and they have no criminal record that may be incompatible with the activity to be carried out in Romania, and (iv) they conclude a full-time employment agreement. The above-mentioned conditions do not apply to aliens who exercise the mandate of a director in a company, if there is only one alien appointed to this position. Aliens can take up permanent working positions in Romania only to employers that, for at least 1 year, have effectively been working in the field of activity for which they are applying for employment authorization. With respect to the Ukrainian nationals who come from the armed conflict zone in Ukraine, they are granted a one-year temporary protection status in Romania (the last protection was granted until 4 March 2024, and
it was renewed to run until 4 March 2025), which includes, among others, the benefits provided by a long-stay visa. Unless the protection ceases as a result of a decision of the Council of the European Union, it can be extended with periods of 6 months, for a maximum of one year. If the reasons for temporary protection persist, another extension of one year could be envisaged. Ukrainian citizens have the opportunity to access employment in Romania without the need of obtaining a long-stay visa for work purposes. Moreover, if they do not possess the documents proving the professional qualification or work experience necessary for employment, Ukrainian nationals coming from the armed conflict zone in Ukraine may be employed, based on their self-statement on meeting the conditions of professional qualification and work experience necessary for the relevant job and the lack of a criminal record which would make him/her incompatible for performing the relevant job within the Romanian territory; in this respect, registration at the relevant employment agencies of the county, respectively of the employment agency of the Bucharest municipality is necessary. However, the immigration legislation applicable to Ukrainian nationals coming from the armed conflict zone in Ukraine is subject to constant change.
ILN Corporate Group – Establishing a Business Entity Series
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