• New Law Implements Intracompany Transferee Rules
  • October 3, 2016
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • Effective immediately, a new law delineates several changes related to intracompany transferees (ICTs) in Romania.

    New ICT Permit Category

    The new rules introduce the term ‘ICT worker’, defined as a non-European Economic Area/European Union/Swiss national who is transferred to Romania for up to three years as a manager or specialist, or for up to one year as a trainee, by an employer established in a third- country in the same corporate group. One of the companies in the corporate group must be located in Romania.

    ICT workers will require a long-term residence permit, with one exception, listed below.

    Rules Regarding Managers and Specialists

    ICT managers and specialists sent to Romania by a third-country company must have been employed in the same corporate group as the sending company for at least six consecutive months prior to the submission of their work authorization application, among other conditions. Additionally, specialists must have at least three years of professional experience relevant to activities performed by the host company.

    Rules Regarding Trainees

    ICT trainees sent to Romania by a third-country company for up to one year must have been employed in the same corporate group, among other conditions, for at least three consecutive months prior to the submission of their work authorization application. Additionally, they must possess an undergraduate university degree.

    Exception to Long-Term Residence Visa

    As an exception to the traditional ICT rules discussed above, holders of an ICT permit issued by another EU Member State can start working in Romania as soon as their work authorization application is submitted and until it is approved, without applying for a long-term residence visa. Such ICTs can evidence their long-term right to reside in Romania with a new permit called a ‘Mobile ICT Permit’.

    ICTs and Mobile ICT Permit holders can sponsor dependents even if their residence permit is valid for less than one year.

    What This Means for Employers and Foreign Nationals

    The new rules harmonize Romania’s immigration law with European legislation and are meant to encourage the migration of qualified non-EU workers in the European Union.

    Qualified foreign workers and their employers should contact their immigration professional to discuss the new permit possibilities and related application options, which may involve new fees.