Romania: EU Blue Card Regulations Implemented Alongside Other Reforms
March 15, 2024
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At a Glance
Effective March 8, 2024, Romania has implemented laws which relax its EU Blue Card framework (in line with the revised EU Blue Card Directive), as well as other changes, including extending permit validity periods and relaxing access to certain work permits. Key EU Blue Card-related changes include:
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- EU Blue Card permits may now be valid for up to three years;
- Certain EU Blue Card applicants may also be eligible based on professional experience alone; and
- Relaxed family reunification eligibility, business activity rules, and employment contract duration requirements.
These changes, which largely relax both EU Blue Card and non-EU Blue Card immigration pathways, are likely to increase the attractiveness of Romania to highly skilled foreign workers, and reduce talent management challenges for employers.
The situation
Effective March 8, 2024, Romania has implemented laws which relax its EU Blue Card framework (in line with the revised EU Blue Card Directive), as well as other changes, including extending permit validity periods and relaxing access to certain work permits.
A closer look
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CHANGE |
IMPACT |
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Extended work permit validity periods. · Permanent worker residence permits are now valid for up to two years (up from the previous one year). · EU Blue Card permits are now valid for up to three years (up from the previous two years). |
These changes reduce employers’ talent management challenges, as foreign workers will be able to remain in Romania longer before the issues of permit renewal or the sourcing of new employees arise. |
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New work authorization exemptions. The following foreign nationals can now work without a work permit in Romania, where previously they required one: · Foreign nationals with an EU Blue Card issued by another EU Member State, provided that they have either: o resided for at least 12 months in the first EU Member State; or, o resided at least six months in the second EU Member State. · EU Blue Card holders who have worked in Romania for 12 months as a highly skilled worker; or · Holders of long-term residence permits issued for former EU Blue Card holders by another EU Member State. |
These changes increase the attraction of Romania for highly skilled foreign workers, including individuals who may already be eligible to enjoy such work authorization exemptions, as well as those who may now see a clear pathway to acquiring such an exemption. Such liberalization of pathways for highly skilled talent may help reduce Romania’s talent shortage (a challenge faced across Europe). |
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EU Blue Card: professional experience. Foreign nationals are now eligible for an EU Blue Card if they have adequate professional experience, regardless of whether they have academic qualifications; whereas previously all applicants required academic qualifications. · For any role that would normally require academic qualifications, applicants will now be eligible if they have at least five years of professional experience. · While information and communication technology managers and specialists will be eligible if they have three years of professional experience (acquired within the last seven years). |
Through such expanded eligibility pathways, employers will be able to acquire highly skilled talent more easily, including information technology experts. |
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EU Blue Card highly qualified mobility workers. Foreign nationals with an EU Blue Card issued by another EU Member State can now carry out business activities (called ‘economic activities’ in the legislation) in Romania for 90 days in any 180-day period without needing a Romanian work authorization. The previous rule did not outline the specific activities that can be conducted under this stay type. |
These changes – in line with the efforts of other European states to liberalize business travel – reduce administrative workload, and ensure a more fluid and frictionless business environment for firms with EU Blue card holders. |
Other EU Blue Card changes include:
- Family reunification. Family reunification applications can now be submitted at the same time as an EU Blue Card, with the applications to be processed simultaneously. This may increase the attraction of Romania for highly skilled foreign workers, who otherwise may have been concerned about family reunification delays.
- Employment contract. EU Blue Card applicants now only need an employment contract of six months (down from the previous 12 months). This will grant employers more flexibility in terms of crafting employment terms.
- Minimum salary level. The EU Blue Card minimum salary level is now equivalent to the average gross salary per month (down from the previous requirement of twice the average gross salary).
Other non-EU Blue Card changes include:
- Foreign students. Foreign students can now work up to six hours per day, up from four hours per day.
- Notification requirements. Employers must now notify immigration authorities about any termination or suspension of a foreign worker's employment relationship within 10 days of the relevant event (down from the previous 30 days).
- Secondment visa applications. Secondment work permits will now be valid for 180 days (up from the previous 60 days). Applications for such permits will now be processed in 20 days (up from the previous 10 days).
Background
- New EU Blue Card. In 2021, the European Union issued a directive seeking to update the existing EU Blue Card scheme (which dated back to 2009). The Blue Card scheme has sought to establish an attractive EU-wide immigration option for highly skilled professionals. However, the 2009 iteration has suffered from fragmented and inconsistent transposition at the national levels, with many EU Member States offering more attractive skilled-labor immigration pathways under their own national, non-EU Blue Card systems. See our analysis of the challenges facing the EU Blue Card scheme.
- Delayed implementation. EU Member States (except Denmark and Ireland, which opted out of the EU Blue Card regime) had until November 18, 2023 to effect laws implementing the revised EU Blue Card scheme. Romania joins other EU Member States in implementing the EU Blue Card reforms after this deadline.
Looking ahead
- Further regulatory elements. It remains to be seen if Romanian authorities will implement further regulations to refine implementation of these EU Blue Card reforms.
- Other EU Member States. Several EU Member States have not yet domestically implemented the revised EU Blue Card scheme. It is expected that further instances of domestic implementation will occur across 2024. We will report on related developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
