By ICT worker, or person transferred within the same company, is meant the foreigner who lives in a third country on the date of submission of the application for the secondment notice and who is the subject of a transfer within the same company.
Thus, the foreigner, holder of a valid ICT permit, issued by another member state of the European Union, can enter and stay on the territory of Romania to carry out work activities as an ICT worker, without the obligation to obtain a visa, from the date of submission by the beneficiary of the provision of services in Romania, under the conditions of the special legislation regarding the employment and posting of foreigners on the territory of Romania, of the request for the issuance of the posting notice for ICT workers from other member states of the European Union who are to be posted on the territory of Romania for a period of up to 90 days in any 180-day period, a situation that is also called short-term mobility, or of the posting notice for ICT workers from other EU member states who are to be posted on the territory Romania for a period longer than 90 days, a situation also called long-term mobility, until the settlement this one.
The foreigner, holder of a valid ICT permit, issued by another member state of the European Union, can enter and stay on the territory of Romania, without the obligation to obtain a visa, to carry out work activities as an ICT worker within a mobility to the beneficiary providing services in Romania who obtained, under the conditions of the special legislation regarding the employment and posting of foreigners on the territory of Romania, a notice of posting within a short-term or long-term mobility.
The previously provided periods of stay, cumulatively, cannot exceed a period of 90 days in any 180-day period.
The foreigner, holder of a valid ICT permit, issued by another member state of the European Union, is extended the right of temporary residence for the purpose of posting as an ICT worker in the framework of long-term mobility if the beneficiary of the provision of services has obtained an opinion of posting within the framework of long-term mobility for the ICT worker in question, under the conditions of the special legislation regarding the employment and posting of foreigners on the territory of Romania, as well as if they present proof of having the means of maintenance at least at the level of the gross minimum basic salary per country guaranteed in the payment.
The right of temporary residence for the purpose of secondment as an ICT worker within a long-term mobility is extended for the entire duration of the secondment on the territory of Romania, without exceeding a period equal to the duration of stay intended to be carried out on the territory of the first member state or the validity of the ICT permit issued by the first member state.
The subsequent extension of the right of temporary residence for the purpose of posting as an ICT worker in the framework of long-term mobility is granted, in the event that the initial duration of the posting on the territory of Romania or the validity of the ICT permit issued by the first member state has been extended, if the foreigner presents the copy of the act by which the secondment was extended on the territory of Romania, or, as the case may be, the copy of the new valid ICT permit, issued by the first state, as well as the proof of having the means of maintenance at least at the level of the minimum gross basic salary per country guaranteed in the payment.
The approval of the request to extend the right of temporary residence for the purpose of posting as an ICT worker in the framework of long-term mobility is communicated by the General Inspectorate for Immigration to the competent authorities of the first member state.
Cristian Badea – Attorney at law
