proof that the applicant has actually
implemented the business solutions
outlined in the business plan and that
it has created at least 10 job positions
within the company (for limited liability
companies) and at least 15 job positions
(for joint-stock companies) is an
important requirement.
The second type of residence permit,
namely the residence permit as
director of a Romanian company, is
obviously open to the directors registered
with the Romanian Trade Registry. The
most important restriction of this type of
residence permit is related to the number
of directors of the same company able
to obtain such residence permit. Only
one director may obtain this permit.
Moreover, this director must not have
been a shareholder within the company
or within any other Romanian company
in the past two years. Further, it is
mandatory for the company to have a
share capital of at least EURO 50,000. or
to have acquired technology with a value
of at least EURO 50,000. Fulfilment
of such conditions is also required for
all further extensions of the residence
permit.
The third type of residence permit
is the residence permit for assigned
employees. The employees' assignment
from a foreign company to a Romanian
one is, in most of the cases, an intragroup
practice. Foreign citizens, employed
with a company from their home country,
are usually assigned to a Romanian
company pertaining to the same group of
companies in order to support a specific
business division of the host company in
relation to which they have previously
acquired significant expertise.
Such residence permit implies, as
a preliminary step, the recognition by
the Romanian Ministry of Education of
the assigned employee's professional
education.
This certificate of recognition is
one of the documents which should
be submitted for obtaining the work
authorization as assigned employee.
Absent such work authorization, no
residence permit can be granted.
need to be submitted to the Romanian
authorities for obtaining the work
authorization are, in addition to the
recognition certificate, the services
agreement executed between the assignor
and assignee companies, the assignment
order, the criminal record of the
employee, the fiscal certificate proving
that the Romanian company has no
outstanding payments to the Romanian
public budget.
The downside of this type of
residence permit is that it cannot be
renewed. It is valid only for one year.
The fourth type of residence permit,
and the most common one, applies to
the employment of foreign citizens by
Romanian companies.
Although more difficult to obtain, it
might be renewed on yearly basis, for an
unlimited period of time.
The preliminary procedures are the
same as for the residence permit for
assigned employees, with one additional
requirement which implies a specific
recruitment procedure to be carried out
by the Romanian employer.
the position for which the foreign citizen
is going to be hired might be occupied by
a citizen of UE/SEE/Swiss Confederation.
In this respect, the company should
notify the Labour Force Agency in
relation to the vacant position, asking
if any citizen of UE/SEE/Swiss
Confederation with a proper qualification
is recorded in their dabatase and is fit for
the envisaged position. After perfoming
the necessary searches within its internal
database, the Labour Force Agency will
issue a certificate attesting the vacancy
of the position or, on the contrary, will
inform the company that a citizen of
UE/SEE/Swiss Confederation has been
identified as suitable for that specific
job position.
Although all the above procedures
might be perceived, to some extent,
complicated and time consuming, if
the legal terms are observed and the
documents have the accuracy required
by the legal provisions, the obtainment
of either of the above types of residence
permits might become flexible and easy
to accomplish.