When traveling to Romania, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require a work permit. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.

What types of activities may I engage in as a business visitor?

As a business visitor to Romania, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

• » Engage in economic and commercial activities
• » Install, operate, or verify the use of purchased or sold goods under commercial contracts or contracts for industrial cooperation
• » Negotiate or conclude agreements
• » Train personnel in relation to the usage and function of goods purchased or sold under commercial contracts or contracts for industrial cooperation

If I qualify as a business visitor, do I need a visa for Romania?

Nationals of the European Union, European Economic Area, and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Romania. If your nationality is not eligible for a visa waiver, you must obtain a Short Stay (C/A) Visa from a Romanian Embassy or Consulate prior to travel. Please obtain an individual assessment prior to travel to determine your eligibility for a visa waiver.

What types of activities require a work permit?

The activities below, whether paid or unpaid, generally constitute work under Romanian law. This list is not exhaustive, and many other professional activities are considered work in Romania, even if conducted for a short duration.

• » Project planning and implementation
• » Marketing
• » Auditing

If I am traveling to Romania for work, what type of work permit do I need?

The requirements for a work permit depend on your qualifications, on the nature and duration of your work, and on whether your employer has an entity in Romania. The most common Romanian work permits are:

• » Standard Work Permit (direct-hire work permit)
• » Work Permit for Secondment (assignee work permit)
• » EU Blue Card (high-skilled work permit for direct hires)
• » Intra-Corporate Transferee (ICT) Permit (ICT work permit)
• » Long-Term Mobility Work Permit (work permit for EU-ICT permit holders)

Is it possible to be exempted from work permit requirements?

Nationals from the European Union, the European Economic Area and Switzerland are not required to obtain a work permit in order to work in Romania. However, registrations or other formalities may be required prior to working or residing in Romania.

Some categories of foreign nationals are exempt from work permit requirements, including those who have been granted long-term residency in Romania or an EU member state, and those appointed to lead a subsidiary entity of a company headquartered outside of Romania. In these cases, a legal assessment to determine the possibilities for work permit exemptions should be obtained prior to traveling.

Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.

Copyright © 2020 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.