RO – Part of the Schengen Area from 1 April

With effect from 1 April 2024, Romania will partially join the Schengen Area with air and sea border controls lifted, according to a decision by the Council of the European Union issued on 30 December 2023.¹ Bulgaria will also partially join Schengen under the same conditions, i.e., for air and sea travel.

WHY THIS MATTERS

The lifting of air and sea border checks for travel between Romania, Bulgaria and other Schengen Area countries will have an immediate impact, making air and sea travel between Romania and Bulgaria and the Schengen Area countries simpler, faster, and more convenient.

Global-mobility managers, immigration counsels, and others charged with the cross-border travel affairs of mobile employees (as well as other non-business travellers), will have new procedures to follow and may wish to communicate what is changing to their employee population travelling from/to Romania and Schengen Area countries.

Context

The Schengen Area became operational in 1995, to reduce – even eliminate – border checks at border-crossing points and facilitate smooth and easy cross-border movement in the European Union (and including EFTA and EEA countries), although not all EU member states are (full) members. Schengen now comprises 27 countries, with Croatia being the last country to join in 2023.²

More Details

According to recent guidance from EU officials announced at the beginning of January 2024, it has been clarified that Romania and Bulgaria are expected to start issuing uniform Schengen C type visas from 1 April 2024.³ EU authorities have confirmed that the days spent in Bulgaria and Romania will count towards the Schengen allowance of a maximum 90 days in any 180-day period (or less for visa nationals) as from 1 April 2024. The Romanian authorities have already confirmed they will take this approach.⁴

National Visas/Schengen C Visas

Currently, Romania issues national entry visas. This is expected to change as from 1 April 2024, when Romania is expected to start issuing uniform Schengen C visas, as well as other types of visas, as follows:

Uniform (Schengen) visas, symbol C;
Limited territorial validity visas, symbol C;
Airport transit visas, symbol A, valid for transit through international transit areas in one or more airports of Schengen member states;
Long-stay visas, symbol D.

Schengen visas will allow holders to travel to the Schengen area for stays not exceeding 90 days in any 180-day period. Long-stay visas, symbol D, will become national visas and the applicable legislation for submitting and processing this type of visa continues to be Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished, with subsequent changes and amendments.

The Romanian e-Visa platform e-Viza will be unavailable between 1 March and 31 March 2024 for the submission of short-stay visa applications. Applicants will only be able to apply for visas in emergency situations by contacting a Romanian consular office directly.

Land border checks will continue to apply for any land-based travel between Romania and Bulgaria themselves, as well as between Romania and Bulgaria and other Schengen Area countries. Consequently, Romania will continue to issue national entry visas for land travel.

KPMG Insights

Discussions on a further decision to lift controls at land borders will continue throughout 2024. However, no specific date has yet been set for this to happen.

Based on the most recent confirmation from the authorities, visa-exempt nationals and Schengen C visa holders and their employers should keep close track of their stay in Romania to avoid non-compliance violations for overstays. These employers and individuals should consult with their qualified immigration/employment law adviser, or a member of the People Services team in Romania (see the Contacts section).

Contacts

Mădălina Racovițan

Tax Partner, Taxation Services, Head of People Services

KPMG in Romania

mail
call

Inga Tigai

Partner, Head of Tax & Legal Technology, Romania, CEE

KPMG in Romania

mail
call

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Footnotes

¹ See Directorate-General for Migration and Home Affairs (3 January 2024), "Schengen area: Controls at air and sea borders with Bulgaria and Romania will be lifted" on the EU Commission's website.

See European Commission Press Release "Bulgaria and Romania to join Schengen area starting with air and sea borders: Commission welcomes landmark Council decision” (30 December 2023) at: https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6861 .

See Directorate-General for Migration and Home Affairs, Schengen Area webpage (updated to 21 March 2024) at: https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/schengen-area_en .

² See GMS Flash Alert 2023-033, 10 February 2023.

³ See footnote 1.

⁴ See (in Romanian): Ordonanță de urgență 25/2024 pentru modificarea şi completarea unor acte normative în domeniul străinilor şi al frontierei publicat în Monitorul Oficial cu numărul 250 din data de 22 martie 2024.

Disclaimer

*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.

GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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Romania – Becoming Part of the Schengen Area Starting 1 April