Recent changes brought to foreigners’ regime in Romania
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12 Septembrie 2011 |
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VLAD TOMOSOIU - Managing Partner
BAKER TILLY ROMANIA LEGAL SERVICES |
Adresa
Splaiul Independentei, Nr. 52
Bucuresti, Sector 5
Telefon
+40-21-315.61.00
Fax
+40-21-315.61.02
VLAD TOMOSOIU
Managing Partner
BAKER TILLY ROMANIA LEGAL SERVICES in collaboration with Baker Tilly Klitou & Partners
It is extremely important for any citizens to freely access education, to obtain proper recognition of their professional qualifications, to access healthcare, to acquire or preserve social security rights across al EU-Member States and third countries as well.
A new law, amending the expatriate regime in Romania was published on 28 July 2011. The law entered into force on 31 July 2011, being published in the Official Gazette of Romania no. 533/28.07.2011 and amends several legislative acts.
In order to create the necessary legal framework for introducing the more simplified regime for the control of persons at external borders based on the unilateral recognition by Bulgaria, Cyprus and Romania of documents equivalent to their national visas for transit through their territories, it has been established a more efficient regime for the control of persons at external boarders based on the recognition by EU-Member States of certain residence permits issued by Switzerland and Liechtenstein.
This amendment aims at including in the category of beneficiaries of the legal conditions the citizens of the Swiss Confederation and the family members thereof. The former wording of the ‘foreigners’ only referred to the citizens outside of the European Union and of the Member States of the European Economic Area and their family members.
Foreign employees refer to non-UE and non-EEA (European Economic Area). For a foreigner to obtain a long-term residence for developing commercial activities, it is mandatory to make an investment of a certain amount and create a certain number of jobs for workers. This is an important change as the two conditions were alternative, not cumulative until the amendments provided by Law 157/2011.
The new regulations intend to cover a series of positive changes to harmonize with the European legislations and recommendations regarding the Schengen area, having several purposes among which one may mention to facilitate the access and direct participation in the labor market for highly skilled and qualified migrant workers and to grant the workers the same rights as the national citizens.
Another important improvement has been added to the possibility of changing the purpose of the residence permit during the legal period of stay on the Romanian territory. This more efficient procedure aims to grant the right to work and social protection, the right to education and healthcare without any privileges and discriminations.
Moreover, in the context of flexible labour relations achieved by amending the Romanian Labour Code, close attention is being paid to the fight against the undeclared work. Recent changes mean that undeclared work will now be treated as both a civil and criminal offence. Recent amendments to Romania’s Labour Code, which came into effect on 1 may 2011, set out new and more severe penalties for undeclared work by employers. As a consequence in defeating ‘black work’, new additions have been brought to the list of sanctions for employer that hire foreign citizens without work authorizations requested by law or residency permits for work purposes, or maintain the work relationship after expiry of one of those documents.
Employers that maintain the work relationship after the expiry of this right are liable to pay any outstanding remuneration due to the employee as well as all the taxes and contributions that would have been due if the work relationship would have been accordingly to the law provisions. Both main contractor and intermediate subcontractor are jointly liable with the employer if they keep with bad faith the unlawful situation of the migrant.
The integration of non-EU nationals who are long-term residents in the Romania represents the key to promoting effective economic and social cohesion.
The abolition of checking at internal borders of the EU is one of the most visible and important goals of Romania’s European integration. In the context of the Schengen area, which implies a unique historical event, the creation of common borders cannot exist without the aid and solidarity expressed by the other Member States. To achieve this goal, Romania has to assume the entire responsibility for complying with a set of common measures.
All EU States have to make investments to protect their external borders in the interest of the entire Schengen Area, but mainly in their own interest. Having an effective strategy as regards the immigration policy contributes to the further development of the Romania’s internal and external area of freedom, security and justice. It also supports Romania’s political objectives abroad, by improving the rule of law, democracy, respect for human rights and good interconnection with non-EU countries. Consequently, Romania focuses on the visas system, police cooperation and protection of personal data in order to align with European standards and to receive a favorable review on next Schengen evaluation.
Moreover, certain amendments are due to enter into force once Romania has entirely integrated and incorporated into polices and legislation regulations the Schengen acquis.
According to the new law, the term ‘right of permanent residence’ is replaced by the term ‘right of long-term residence’, with special conditions being introduced for EU Blue Card holders. Long term residence permits are issued to non-resident family members of Romanian citizens for a period of 10 years (and can be successively renewed for the same period and in the same conditions). Family reunification has been considered a great social interest because it is the real proof of the immigrant’s integration within EU States. Family reunification leads to the appropriate social, economic and cultural climate for the non-EU nationals to adapt.
Also, the provisions regarding the exception from verifying the workforce available to occupy vacant positions in the case of seconded workers who continue their activity within the same company as permanent workers, have been repealed. Some novelties refer to the introduction of long term permit for religious activities, developed in the religions and faiths recognized by law that can be requested by interested parties.
An important amendment regarding the expatriate regime in Romania is the introduction of the EU Blue Card, the residence permit for labour purposes for highly qualified workers. This encourages highly qualified personnel to perform different activities in Romania and will have a significant impact on the quality of the labour market, encouraging the competitiveness. This is a direct impulse to performance criteria and right evaluation of employee’s work.
Due to the above considerations it is expected that the recent changes enacted with respect to immigration regulations shall represent a cluster of measures that will sustain the equal treatment and rights in the areas of education, employment, healthcare, social protection, services and goods.
