Immigration Law at Romania
Romania has a well-defined immigration system governed by national laws and regulations aligned with the European Union's (EU) policies, as Romania is an EU member state. Romania allows both non-EU and EU nationals to immigrate under various categories, such as work, study, family reunification, and investment.
1. Main Legal Framework
Law No. 273/2004 on the Status of Foreigners in Romania: This law outlines the immigration process, including types of visas, residence permits, and the requirements for foreigners wishing to enter, stay, and work in Romania.
EU Regulations and Directives: As a member of the EU, Romania also follows EU rules on immigration and freedom of movement within the Schengen Area (although Romania is not yet part of the Schengen Area).
2. Types of Visas and Permits
Short-Stay Visa (Schengen Visa): Citizens of non-EU countries wishing to visit Romania for up to 90 days within a 180-day period for tourism, business, or family visits must apply for a short-stay visa. This visa is valid for the entire Schengen Area.
Long-Stay Visa: For stays longer than 90 days, such as for employment, studies, or family reunification. This visa is required to apply for a residence permit once the foreigner arrives in Romania.
3. Residence Permits
Temporary Residence: Foreign nationals can apply for temporary residence permits for up to 5 years under specific conditions:
Employment Permit: For workers from non-EU countries with an offer of employment in Romania.
Study Permit: For students enrolled in educational institutions in Romania.
Family Reunification: For foreign nationals whose family members are Romanian citizens or have legal residence in Romania.
Investment Permit: For individuals investing in Romanian businesses.
Permanent Residence: After living in Romania legally for at least 5 years on a temporary residence permit, foreign nationals can apply for permanent residence. Permanent residents enjoy most of the rights of Romanian citizens, except the right to vote in national elections.
4. Work Permits
Work Authorization: Non-EU citizens need a work permit to work in Romania, which is usually issued based on a labor market test and a job offer from a Romanian employer. There are various types of work permits, including those for highly skilled workers, seasonal workers, and intra-corporate transferees.
Highly Skilled Worker Permit: For individuals with high qualifications or in-demand skills, such as in IT, engineering, or healthcare.
5. Citizenship
Naturalization: Foreign nationals can apply for Romanian citizenship after legally residing in Romania for 8 years (or 5 years for those married to Romanian citizens). The applicant must speak Romanian, demonstrate integration into Romanian society, and have a clean criminal record.
Dual Citizenship: Romania allows dual citizenship, meaning applicants can retain their original nationality while becoming Romanian citizens.
6. EU Citizens
Citizens of other EU member states do not need a visa to enter or stay in Romania, and they have the right to live and work in the country without restrictions due to the EU's free movement of people.
However, after 90 days, they must register their residence with the Romanian authorities and may be issued a residence card.
7. Special Programs
Highly Skilled Migration: Romania encourages the migration of highly skilled professionals, especially in fields such as IT, science, and engineering, through specific work permits and residence schemes.
Entrepreneur Visa: Romania has a program for foreign nationals who wish to start a business or invest in a Romanian company. This often involves showing proof of capital investment and job creation.
8. Refugees and Asylum Seekers
Romania is a signatory of the 1951 Refugee Convention and provides asylum to individuals fleeing persecution. Asylum seekers must apply through the Romanian Immigration Office, which will assess their application and determine their eligibility for refugee status.
Asylum seekers can stay in Romania for the duration of the asylum process and may receive certain benefits such as temporary accommodation and support.
9. Exit and Reentry
Foreigners who hold valid residence permits in Romania can leave and re-enter the country, but they may need to obtain a re-entry permit if their residence permit is expiring or has expired during their absence.
10. Key Challenges
Bureaucratic Process: The immigration process can be slow, with strict documentation requirements. It’s important to carefully follow all legal procedures to avoid delays or denials.
Language Barrier: Proficiency in Romanian may be required for long-term residence or citizenship, as language skills are part of the naturalization process.
Integration Requirements: For permanent residency and citizenship, applicants must demonstrate social and cultural integration into Romanian society.
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