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Work visa for foreign nationals
In order to obtain a work visa, several steps are required, one of them being employment one of the categories of workers:
1. Employment of foreigners as permanent workers
The employment of foreign citizens can be done by concluding an individual full-time employment contract for a determined or indefinite period.
For this, the Romanian employer is obliged to submit the necessary diligence to fill the vacancy and the foreigner must meet a series of conditions, in order to obtain an employment permit.
Thus, the employer will have to make an organizational chart specifying the occupied and vacant positions, a certificate regarding the available labor force for the vacant job, to publish through mass media in Romania a job announcement, to make a firm offer of employment, etc.
Instead, the employee must submit documents such as curriculum vitae, criminal record issued by the country of origin, a statement on his own responsibility regarding the fact that he is medically fit and has knowledge of Romanian and English, two 3x4 cm photos, and so on.
2. Employment of foreigners as trainee workers
Also, there is the possibility of hiring for an internship with a determined duration in order to obtain a professional qualification or to improve the professional training as well as to improve the linguistic and cultural knowledge, but this duration of the internship cannot be extended.
3. Employment of foreigners as seasonal workers
The employment permit for seasonal workers is issued to the employer in order to employ a foreign citizen with a full-time individual employment contract for a determined period, for an activity that takes place depending on the succession of seasons.
Thus, in addition to the necessary diligence in view of employment, submitted by the employer, it is necessary to meet the conditions of professional training, experience inactivity, or authorization provided by the legislation in force for the occupation of that job.
The list of sectors comprising the activities carried out according to the succession of the seasons is established by the decision of the Government.
4. Employment of foreigners as au pair workers
Being an au pair means being employed by a host family in Romania so that the employee can improve his / her language knowledge and skills in exchange for light housework and childcare activities.
The employment permit for au pair workers is issued to the employer, a member of the host family, for the employment of a foreigner with an individual part-time employment contract for a maximum of 1 year.
5. Employment as cross-border workers
This type of employment targets workers from the states in the border localities for the states that have a common border with Romania.
6. Employment of highly qualified foreigners
The employment permit is issued exclusively to the employer as a legal entity in order to employ a foreigner in a highly qualified job, with an individual full-time employment contract for an indefinite period or for a determined period of at least one year. The extension of the contract can be done without obtaining a new employment permit.
Thus, in addition to curriculum vitae and documents such as certificate of recognition of studies, diploma of studies or certificate of qualification accredited in Romania, both in regulated and unregulated professions are required.
In addition, evidence is required that attests to a level of knowledge compatible with the qualifications in post-secondary or higher education, of the higher professional qualification necessary for employment, only in the case of regulated professions.
Thus, after obtaining the employment permit, documents can be submitted in order to obtain the right to stay for the purpose of employment, and subsequently, after a period of time can be requested long-term stay in Romania.
Author: Attorney at law Cristian Badea, Law Office Grecu & Partners.
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