Romania - Intra-corporate transferee (ICT)

Where and how to apply

The application is submitted personally by Romanian branch representatives at the territorial units of the General Inspectorate for Immigration competent for the location in which it carries out the activity.

• The applicable fee is 100 euros;
• the application shall be resolved within 30 days from the date of its registration. In cases where, in order to ascertain the fulfilment of the conditions for obtaining the employment/secondment authorisation, additional checks are necessary, the term for solving the application may be extended by a maximum of 15 days;
• the third-country national, holder of a valid ICT permit issued by another EU Member State, can enter and remain on the territory of Romania to carry out work activities as an ICT worker, without the obligation to obtain a visa, from the date of the application submission for issuance of the authorisation for ICT workers.

Documents required

• Proof that the host undertaking carries out a legal activity in Romania;
• the registration certificate at the trade register office for the host undertaking, in copy and in original;
• that the host undertaking does not have debts;
• the certificate issued by the trade register office, attesting that no mentions were registered regarding the opening of the bankruptcy procedure, in copy and in original, or another document issued by the competent Romanian authorities stating that the employer is the branch, subsidiary or representative office in Romania of the enterprise from which the secondment is made;
• a copy of the document certifying the company's registration in a third country from which the secondment is made, translated and legalised;
• a copy of the individual employment contract or contracts registered with the competent authorities of the origin country, translated and legalised (attesting at least a 6-month uninterrupted seniority within the company making the posting, in the period immediately prior to requesting the posting authorisation - for management and specialists, and for at least 3 uninterrupted months within the company - for trainees);
• the fiscal attestation certificate issued by the public finance administration in whose radius the employer has his/her registered office, regarding the payment of obligations to the state budget on the last quarter;
• the recognition studies certificate necessary for the position requested for work permit, issued by the Ministry of Education and Research, under the conditions provided by the specific legislation, or the diploma of studies issued by accredited institutes in Romania (for trainee employees);
• copies of documents attesting the professional training obtained outside the education system or, as the case may be, attesting the professional experience, translated and legalised (in case of secondment as a specialist, you must present proof of at least 3 years of experience, relevant in the activity field, techniques or activity management of the employer);
• a statement that the third-country national is medically capable to be employed and he/she has a minimum knowledge of the Romanian language or knows an international language;
• the curriculum vitae of the third-country national and two 3/4 photographs;
• documents certifying the professional qualification necessary for the position, obtained in Romania or in another EU Member State (when applicable);
• documents attesting, in accordance with the law, the employer and the company from which the secondment is made are directly or indirectly affiliated, translated and legalised;
• a copy of the secondment, translated and legalised in accordance with the law, specifying: the transfer period within the same company, with the distinct mention of the periods of secondment on the territory of each EU Member State, headquarter of the entity or entities to which the secondment is made, the position the third-country national will have during the transfer within the same company, respectively management, specialist or trainee employee; his/her salary and periodicity, as well as other working and employment conditions provided during the transfer within the same company; the third-country national's return to work at the company from which the secondment is made or at another unit established in a third country belonging to the same group of companies, at the end of the transfer within the same company;
• the criminal record of the third-country national from the country of residence, translated and legalised in accordance with the law;
• the criminal record of the employer;
• a copy of the valid border crossing document.

Duration of validity of permits

The temporary residence right for the purpose of secondment as an ICT worker is extended for the entire duration of the transfer within the same company, but not more than 3 years for executives and specialists and one year for trainees, from the date of entry into the Romanian territory.

The subsequent extension of the temporary residence right for the purpose of secondment as an ICT worker is granted if the initial duration of the transfer within the same company was extended by the Company, without exceeding a total of 3 years for management and specialists and one year for trainees from the date of entry into Romania for this purpose.

Appeals

The refusal to issue the employment/secondment authorisation is communicated in writing to the employer/services beneficiary together with the reasons that founded the decision, by the General Inspectorate for Immigration, through its territorial units.

Extension or renewal

The subsequent extension of the temporary residence right for the purpose of secondment as an ICT worker is granted if the initial duration of the transfer within the same company was extended by the Company, without exceeding a total of 3 years for management and specialists and one year for trainees from the date of entry into Romania for this purpose.

Change of status

During their stay in Romania, third-country nationals have to declare any change in the personal situation at GII territorial unit which granted them the residence right.

The residence right is revoked if it is found that the third-country national no longer meets the conditions regarding his/her residence right or no longer respects the purpose for which he/she was granted this right.

Family members

The sponsor holding (or applying for) an ICT permit, a mobile ICT permit has the right to apply for family reunification for:

• his/her husband/wife;
• the unmarried minor children of the sponsor and of the spouse, including those adopted;
• the unmarried minor children of the sponsor, including the adopted ones, who are dependent on him/her and over whom the sponsor exercises the parental rights. If the parental rights are exercised jointly, the consent of the other parent is also required;
• the unmarried minor children of the spouse, including the adopted ones who are dependent on him/her and over whom the spouse exercises parental rights. If the parental rights are exercised jointly, the consent of the other parent is also required;
• relatives ascending the sponsor or the spouse, if they cannot support themselves and do not enjoy adequate family support in the origin country;
• the unmarried adult children of the sponsor or of the spouse, in case they cannot support themselves for medical reasons.

For submitting the application for family reunification, the sponsor has to present the following documents:

• the marriage/birth certificate or, as the case may be, proof of kinship, issued by the competent authorities, translated and legalised in accordance with the law;
• an authentic statement attesting that the family members will live with the sponsor;
• a copy of the document certifying your residence right on the Romanian territory;
• proof of legal possession of a living space;
• proof of subsistence means;
• proof of insurance;
• the written statement of consent of the other parent who holds together with the sponsor the joint custody of the minor child for whom the family reunification is requested;
• a copy of the travel document of the family member.

Family members have the right to work in Romania and to obtain a residence right for this purpose, without obtaining a long-stay visa in this regard.

Other rights

A person with an ICT permit benefits from equal treatment with nationals of Romania with regard to freedom of association; recognition of diplomas and professional qualifications; provisions regarding social security (with conditions); access to goods and services (with exceptions).

Short-term mobility

If a third-country national subject of a transfer within the same company in another EU Member State will also be seconded to Romania during a short-term mobility, the entity to which he/she is or will be posted sends to the General Inspectorate for Immigration a prior notification, as soon as the intention to deploy the third-country national in Romania is known, accompanied by the following documents:

• any documents attesting that services beneficiary belongs to the enterprise from which the secondment is made or to the same group of enterprises with the enterprise from which the secondment is made, translated and legalised;
• a copy of the individual employment contract and of the secondment sent to the first EU Member State in order to issue the ICT permit, translated and legalised;
• documents attesting that the third-country national meets the conditions provided by the Romanian legislation in force for the occupation of the job on which he/she is expected to be posted on the Romanian territory, if that job involves the exercise of a regulated profession;
• a copy of the third-country national's border crossing document, whose validity exceeds the date of secondment on the Romanian territory;
• documents that attest the duration and the data planned for secondment, translated and legalised, if these aspects do not result from the content of the individual employment contract or the secondment act.

The General Inspectorate for Immigration may object to the secondment of the third-country national in Romania within a short-term mobility in the following cases:

• the services beneficiary from Romania does not belong either to the enterprise from which the secondment is made, nor to the same group of enterprises with the enterprise from which the secondment is made;
• the salary provided during the secondment on the Romanian territory is not established in accordance with the provisions of the Labour Code and of the applicable collective labour contract;
• the third-country national has been on the territory of the EU Member States as an ICT worker for at least 3 years, in the case of managers or specialists, or for at least one year, in the case of trainees;
• the third-country national had a residence right in Romania as an ICT worker during a short-term mobility for a period of 90 days in the interval of 180 days immediately prior to the date of receiving the prior notification;
• the documents accompanying the prior notification have been obtained by fraud, falsified or modified;
• the third-country national to be seconded does not meet the conditions provided by the Romanian legislation in force for the employment on which he/she is expected to be seconded on the Romanian territory, if that job involves the exercise of a regulated profession;
• the third-country national does not have a border crossing document whose validity exceeds the date of conclusion of the secondment on the territory of Romania;
• the third-country national to be seconded does not meet the conditions provided in art. 6 para. (1) lit. e), g) and h) of the Government Emergency Ordinance no. 194/2002, republished, with the subsequent modifications and completions, or is in one of the cases of non-permission to enter Romania provided in art. 8 para. (1) lit. b) -d) of the respective emergency ordinance;

The General Inspectorate for Immigration communicates the objections in writing, to the entity that sent the prior notification, through the services beneficiary from Romania, as well as to the competent authorities of the first Member State concerned, within maximum 20 days from the notification receipt.

Long-term mobility

For the third-country national, holder of a valid ICT permit, issued by another EU Member State, the right of temporary residence for secondment purpose as an ICT worker is extended in Romania within a long-term mobility if:

• the host undertaking has obtained a secondment authorisation within the long-term mobility for the ICT worker, under the conditions of the special legislation regarding employment and secondment of foreigners on the Romanian territory;
• the third-country national presents documents proving means of maintenance at least at the level of the minimum gross basic salary per country guaranteed in payment

The right of temporary residence for secondment purpose as an ICT worker within a long-term mobility shall be extended for the entire duration of the secondment in Romania, not exceeding a period equal to the duration of stay planned to be carried out on the territory of the first Member State or the validity of the ICT permit issued by the first Member State.

The subsequent extension of the right of temporary residence for secondment purpose as an ICT worker within the long-term mobility is granted in the situation where the initial duration of the secondment on the Romanian territory or the validity of the ICT permit issued by the first Member State has been extended, if the third-country national presents the following documents:

• a copy of the act by which the secondment in Romania was extended, translated and legalised, attesting the extension of the secondment on Romanian territory and the maintenance of the other secondment conditions, or, as the case may be, copy of the new valid ICT permit , issued by the first state;
• proof of means of maintenance at least at the level of the minimum gross basic salary per country guaranteed in payment.

Approval of the application for an extension of temporary residence right for the purpose of secondment as an ICT worker within a long-term mobility shall be communicated by the General Immigration Inspectorate to the competent authorities of the first Member State.

Family members

The sponsor holding an ICT permit, a mobile ICT permit has the right to apply for family reunification for:

• his/her husband/wife;
• the unmarried minor children of the sponsor and of the spouse, including those adopted;
• the unmarried minor children of the sponsor, including the adopted ones, who are dependent on him/her and over whom the sponsor exercises the parental rights. If the parental rights are exercised jointly, the consent of the other parent is also required;
• the unmarried minor children of the spouse, including the adopted ones who are dependent on him/her and over whom the spouse exercises parental rights. If the parental rights are exercised jointly, the consent of the other parent is also required;
• relatives ascending the sponsor or the spouse, if they cannot support themselves and do not enjoy adequate family support in the origin country;
• the unmarried adult children of the sponsor or of the spouse, in case they cannot support themselves for medical reasons.

For submitting the application for family reunification, the sponsor has to present the following documents:

• a marriage/birth certificate or, as the case may be, proof of kinship, issued by the competent authorities, translated and legalised in accordance with the law;
• authentic statement attesting that the family members will live with the sponsor;
• a copy of the document certifying your residence right of on the Romanian territory;
• proof of legal possession of a living space;
• proof of subsistence means;
• proof of insurance;
• the written statement of consent of the other parent who holds together with the sponsor the joint custody of the minor child for whom the family reunification is requested;
• a copy of the travel document of the family member.

Family members have the right to work in Romania and to obtain a residence right for this purpose, without obtaining a long-stay visa in this regard.