Employing a non-EU national in Romania involves a rigorous administrative procedure centred on the work authorisation issued by the General Inspectorate for Immigration.
Without this document, the foreign worker cannot obtain a long-stay visa for work and a residence permit for work purposes. Below you will find a detailed presentation of the legal framework, eligibility conditions, necessary documentation and procedural steps.
What is a work authorisation?
A work authorisation is the document issued by the competent Romanian authority allowing an employer established in Romania to lawfully employ a third-country national from outside the EU, EEA and Switzerland.
It is important to distinguish between:
• Work authorisation — issued at the employer’s request;
• Long-stay visa for employment (D/AM) — subsequently requested by the worker at the diplomatic mission;
• Residence permit for employment — issued after entry into Romania.
The process is sequential: each stage depends on approval at the previous stage.
Who needs a work authorisation?
It is necessary for:
• citizens outside the EU / EEA;
• persons who do not already have a right of residence with free access to the labour market;
• New workers employed by Romanian companies.
Not necessary for:
• EU / EEA citizens;
• permanent residents in Romania;
• certain special categories expressly provided by law (e.g. family members of Romanian citizens under certain conditions).
Types of work authorisation in Romania
Depending on the nature of the activity and the duration of the employment, the legislation provides for several categories:
1. Authorisation for permanent workers
It is awarded for individual contracts of employment for an indefinite period or for a fixed period (usually over 6 months).
2. Authorisation for seasonal workers
For seasonal activities (agriculture, tourism, horeca). The duration is legally limited.
3. Authorisation for highly qualified workers
For specialists with higher education and contracts that respect the salary threshold required by law.
4. Authorisation for posted workers
For non-EU nationals employed by a foreign company temporarily posted to Romania.
5. Authorisation for intra-corporate transfer
For managers, specialists or trainees transferred within the same group of companies.
The correct choice of category is essential to avoid rejection of the file.
General requirements for obtaining a work authorisation
Conditions for the employer
• be an active legal person registered in Romania;
• it does not register any outstanding tax obligations;
• to carry out economic activity;
• demonstrate that the post could not be filled by a Romanian / EU citizen (in certain situations);
• offer salary at least at the level of the gross minimum wage per economy or at the specific threshold applicable.
Conditions for the foreign worker
• meet the professional requirements for the job offered;
• have no entry ban in Romania;
• be medically fit for work;
• shall not pose a risk to public policy or national security.
Documents needed for a work authorisation
Employer documents
• standard application form;
• certificate of registration with the Trade Register;
• an up-to-date company status certificate;
• proof of payment of the legal fee;
• draft individual employment contract;
• job description;
• relevant financial statements;
• a declaration of compliance with the legal conditions.
Workers' documents
• valid passport copy;
• CV;
• diplomas and certificates of qualification (translated and legalized);
• criminal record certificate;
• medical certificate;
• document-type photos.
All documents written in a foreign language must be translated into Romanian by an authorised translator.
Step-by-step procedure
1. Eligibility analysis
Compliance with the legal requirements and the appropriate type of authorisation are checked.
2. Preparing the application file
The documents of the employer and worker shall be collected. Errors at this stage cause the most frequent delays.
3. Submission of the application to the IGI
The dossier shall be submitted to the competent territorial structure of the The General Inspectorate for Immigration.
4. Assessment by the authority
The IGI shall verify the documentation and may request further clarification.
5. Issuing the authorisation
In case of approval, the document shall be issued to the employer.
6. Obtaining long-stay visa
The worker shall apply for a visa at the Romanian embassy or consulate in the State of origin.
7. Residence permit
After entry into Romania, the residence permit for work is required.
Time limits for resolution
Processing times vary according to the type of authorisation and the authorities’ workload. In practice:
• permanent worker authorisation: a few weeks to several months;
• seasonal worker authorisation: a shorter timeframe;
• intra-corporate transfer: distinct procedure, often faster.
Early planning is essential to avoid operational bottlenecks in the company.
Risks and sanctions for illegal employment
Employing a non-EU national without valid work authorisation may lead to:
• substantial administrative fines;
• temporary prohibition of hiring foreign nationals;
• additional legal liability in serious cases.
The worker may also be found to be staying unlawfully and required to leave Romania.
Frequently asked questions
How long is a work authorisation valid?
Validity is linked to the duration of the employment contract and the type of authorisation issued.
Can it be extended?
Yes, by submitting an application before the expiry of the right of residence.
Is a new authorisation needed when changing employer?
Yes. Changing employer requires a new authorisation.
Can a person work in Romania before the authorisation is issued?
No. Professional activity can only start after the completion of all legal stages.
Legal assistance specialised in immigration
Obtaining a work authorisation requires legal assessment, document checks and management of dealings with the authorities. An apparent minor error may lead to rejection of the file or significant delays.
Our law office provides:
• full advice on eligibility;
• documents drawing up and checking;
• representation before the IGI;
• assistance in obtaining the visa and residence permit;
• support with renewals and changes of employer.
For a personalized assessment of your case, you can contact us for legal advice.
