Romania adopted new legislative measures to enable more flexibility for remote working, by offering a so-called “digital nomad” visa.1
The new visa offers foreign nationals the option to reside and work remotely from Romania, whereas other permit types require local employer sponsorship. (For prior coverage, see GMS Flash Alert 2021-161, 4 June 2021.)
WHY THIS MATTERS
This step is being taken in response to workplace issues tied to the coronavirus and the new reality of, and dynamic changes to, the labour market thanks to the widespread use of telecommunication technologies. The digital nomad visa will allow eligible individuals from outside the European Union (EU)/European Economic Area (EEA) to work more flexibly and with fewer constraints in Romania for a fixed period of time “outside” the usual rules that apply if someone were to come and work in Romania.
The new law aims to modify Emergency Ordinance no. 194 /2002 on regulations for foreigners in Romania through the introduction of a specific type of visa for digital nomads who are defined as third-country nationals (i.e., non-EU/EEA nationals) working remotely from Romania for an international employer, or for a company which has been registered outside Romania, while living in (and exploring) the country.
The digital nomad visa may be issued if certain specific conditions are met, including:
- proof of being an employee or an owner of a company registered outside of Romania for at least three years,
- proof that for six months before applying for the visa, and for the period during which the visa is being applied for, the applicant must demonstrate significant financial means to be eligible for the visa (i.e., she or he has had and will have income amounting to at least the equivalent of three times the average national income),
- proof of health insurance for the period for which the visa will be issued,
- proof of accommodation in Romania,
- a Letter of intent which should detail the purpose of travel to Romania,
- certificate of clean criminal record, as well as
- further requirements.
If the digital nomad intends to stay in Romania for a longer period, she or he should apply for obtaining a residence permit from the relevant immigration authorities. The residence permit specific to the “digital nomad” category is typically valid for six months, with the possibility of renewal (if the eligibility conditions are met).
This legislative measure was approved by the Romanian Parliament and published in the official journal of Romania (Monitorul Oficial).
Individuals who may be interested in this development are encouraged to contact their usual immigration counsel or any member of the team with KPMG in Romania (see the Contact Us section).
1 See Legea 22/2022, publicată în Monitorul Oficial nr. 45 (14 Ianuarie 2022) at: https://www.monitoruloficial.ro/Monitorul-Oficial--PI--45--2022.html.
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Romania.
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