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Tax alert 30 – Law 247 / 2018 with respect to the amendment and the completion of certain normative acts on the regime of foreigners

The transposition of the European Parliament and Council Directive (EU) 2016/801 on the conditions for entry and residence of third-country nationals for research, education, training, volunteer services, student exchange programs or educational projects and au pair work

In the context of the labor force crisis in Romanian, on 5 November 2018, the Law No.247 / 2018 with respect to the amendment and the completion of certain normative acts on the regime of foreigners in Romania has been promulgated by President Decree.

The law has been published in the National Official Gazette form 7 November 2018 and it will produce its effects in 3 days from the date it was published.

The law will have a positive impact on the private environment, reducing the thresholds and facilitating the employment of foreigners in Romania.

The most important amendments are:

–       The reference salary changes from the previous versions to the minimum gross base salary guaranteed in payment per country;

–       For highly qualified workers the minimum salary threshold will be reduced to 2 gross average salaries instead of 4, as provided by the prior provisions;

–       The procedure for obtaining the work permit for permanent workers has been simplified considerably by removing the process for obtaining the certificate of recognition of the studies from the Ministry of Education;

–       It regulates the entry and residence for individuals rendering scientific and research activities;

–       It regulates the concept of the “au pair” worker – the foreigner temporarily employed by a host family in order to improve their linguistic knowledge in exchange for certain light and child care activities;

–       The government fees for obtaining the work permits are reduced to half from EUR 200 to EUR 100 and respectively from EUR 50 to EUR 25

How we can help

These legislative changes will increase the intake of third-country nationals for the deficient private sector (HoReCa, IT, automotive industry, constructions, retail and service centers) as well for research and development industry. We can assist you with the procedures to ensure the issuance of the relevant immigration documents for the specialized personnel recruited from third countries.

Prepared by:

Andreea Cosmanescu -  Senior Tax Manager, Income tax and social charges
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