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ROMANIA – New Intra-Company Transfer Permit Available

Effective 3 September 2016, Romania has introduced new work and residence permit rules for intra-corporate transfer (ICT), transposing into national law European Union (EU) Directive 2014/66 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer”.

ICT Permit

The new ICT residence permit is available to third-country nationals transferred from outside the EEA to work in Romania within the same group of companies, as managers or specialists with either a university degree or proof of three years of relevant experience, or as trainees with a university degree. The foreign employee must have worked for their sending company for at least six months (three months for trainees). The ICT permit is issued for a maximum duration of three years for managers and specialists, and one year for trainees, and is renewable up to the relevant maximum duration.

Intra-EU Mobility

  • A holder of an ICT permit issued in Romania will be able to work in another EU member state for a company of the same group, for stays of up to 90 days in a 180-day period, without a separate work permit, although the host country may require a notification. For stays of more than 90 days, a “mobile ICT permit” for that country may be required.
  • A holder of an EU ICT permit issued in another EU member state can work at a company of the same group in Romania for up to 90 days without obtaining a separate permit. A notification must, however, be filed with the authorities.
  • For assignments of more than 90 days in Romania, a holder of an EU ICT permit issued in another EU member state must apply for a long-term mobility permit. This permit cannot be issued for longer than the validity of the original EU ICT Permit from the first EU member state.

Background

Directive 2014/66/EU of 15 May 2014 “on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer” aims to create a consistent EU-wide system for non-EU nationals sent on assignment within a group of companies to EU Member States. Please see our previous alerts on the transposition of the EU ICT Directive in Netherlands, Bulgaria and Spain.

Action Items

  • Employers intending to transfer third-country nationals to Romania from outside the EU within the same group of companies should consult an immigration expert for advice on the process.

This news alert was prepared using information provided by Rilvan Relocations.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.