Most foreigners holding a temporary residence permit for work purposes in Romania come from Nepal – 21.156 persons, Sri Lanka – 15.403 persons or India – 8.392 persons
We are pleased to offer you an extremely interesting interview with Mrs. Cristea Maria Sorina, Senior Police Inspector – spokesperson of the General Inspectorate for Immigration of the Ministry of Interior of Romania, in which she answered some questions related to the work of the General Inspectorate for Immigration in the context of the increasing number of immigrants in our country.
If you can tell us the most important prerogatives of immigration officers? What is the main purpose of their work?
The General Inspectorate for Immigration is the specialized structure of the central public administration, with the tasks of implementing Romania’s policies in the areas of migration, asylum, integration of foreigners and the relevant legislation in these areas.
The tasks of the immigration officers are established in accordance with the provisions of Decision no. 639 of 20 June 2007, on the organizational structure and tasks of the General Inspectorate for Immigration, with subsequent amendments and additions. https://igi.mai.gov.ro/wp-content/uploads/2021/10/HG639DIN2007.pdf
The main purpose of the work of immigration officers is to ensure national security by preventing and combating illegal immigration and protecting the rights of immigrants, refugees and asylum seekers.
Please tell us a few things about the General Inspectorate for Immigration team. How many people are in this team? How is it divided from a territorial-administrative point of view?
The General Inspectorate for Immigration is headed by an Inspector General, appointed by order of the Minister of the Interior, currently supported by a Deputy Inspector General. Our unit is organized centrally and territorially. At the central level, the Inspectorate General for Immigration is composed of directorates, services and other functional structures, while at the territorial level, it is divided into functional, regional or county structures. Currently, approximately 79% of the total foreseen posts are filled.
What is the number of foreigners in Romania with residence and/or work permits? What are their main countries of origin? And for what types of work are they authorized to stay in Romania?
The total number of foreigners holding a temporary residence permit for work purposes valid on May 31, 2024 is 80,862 foreigners. They come from countries such as Nepal – 21,156, Sri Lanka – 15,403, India – 8,392, Turkey – 6,642, Bangladesh – 5,650, Pakistan – 2,788, Republic of Moldova – 2,437, China – 2,429, Vietnam – 2,329, Philippines – 1,957, and the rest from other countries.
How many types of work and residence permits are there?For what periods?What are the conditions a foreigner has to fulfill to work in Romania?
The employment and posting of foreigners in Romania is carried out in accordance with Ordinance no. 25 of August 26, 2014 on the employment and posting of foreigners in Romania, as amended and supplemented.
https://igi.mai.gov.ro/wp-content/uploads/2024/04/ORDONANTA-nr.-25-din-26-august-2014.pdf
Also, the conditions to be fulfilled, as well as the periods for which the extension of the right of temporary stay may be granted, are set out in Emergency Ordinance no. 194 of December 12, 2002, on the regime of foreigners in Romania, republished, with subsequent amendments and additions. https://igi.mai.gov.ro/wp-content/uploads/2024/06/ORDONANTA-DE-URGENTA-nr.-194-din-12-decembrie-2002-1.pdf
What happens to people who apply for residence and/or work in Romania and then try to cross the border fraudulently with the intention of going to another Western country? What are the rigors of the law in these cases?
Foreigners who are found attempting to fraudulently cross Romania’s state border are subject to the provisions of Article 262 of the Criminal Code, and their return is ordered in accordance with Article 81, paragraphs (1)1 and (2)2, letter a of Emergency Ordinance no. 194 of December 12, 2002, on the regime of foreigners in Romania, republished, with subsequent amendments and additions.
Please let us know what happens to people who have applied for the right to work for a trade/job, say as a nanny, and then change their mind and open a restaurant for example?
Natural persons may carry out economic activities on the Romanian territory, individually or independently, as authorized natural persons or as entrepreneurs owning a sole proprietorship only under the conditions provided for by Ordinance no. 44/2008 on the conduct of economic activities by authorized natural persons, sole proprietorships and family businesses, as subsequently amended and supplemented. This normative act regulates access to economic activities in the national economy as provided for in the CAEN Code, the procedure for registration in the Trade Register, the procedure for authorization to operate and the legal regime of natural persons authorized to carry out economic activities, as well as of sole proprietorships and family businesses.
The establishment of limited liability companies is regulated by Law no. 31/1990 on Companies, republished, with subsequent amendments and additions.
In accordance with the provisions of Art. 4 para. 4 of the Emergency Ordinance no. 194 of December 12, 2002, on the regime of foreigners in Romania, “foreigners on Romanian territory are obliged to comply with the purpose for which they were granted the right to enter and, where appropriate, to remain on Romanian territory”.
Also, one of the general conditions for the extension of the right of temporary stay provided for in Art. 50 para. 2 lit. d of the abovementioned normative act, is that the foreigner must apply for the extension of the right of residence for the same purpose for which he/she was granted the long-stay visa or the right of residence on the basis of which he/she is on the territory of Romania, with the exception of family members of Romanian citizens or of foreigners who are beneficiaries of a long-term residence permit, if they apply for the extension of the right of temporary residence for family reunification, foreigners who apply for the extension of the right of temporary residence for work purposes, as well as foreigners who apply for the extension of the right of temporary residence with the application of Art. 64 para. (5) of the same normative act.
Consequently, in order to carry out activities circumscribed to another purpose than the one for which the foreigner’s right of temporary stay has been extended on the basis of which he is in Romania, except for the provisions of Art. 50 para. 2 lit. d mentioned above, it is necessary for him/her to obtain a new long-stay visa corresponding to the new purpose and, implicitly, to regulate his/her right of temporary stay in Romania under the conditions imposed by the legislation in force.
What happens if a person commits a crime on Romanian territory during the period of stay and evades law enforcement?
The police officers of our institution do not have the quality of criminal prosecution bodies, meaning that the Romanian Police or, as the case may be, the Border Police are competent to investigate offenses committed by foreigners. Insofar as the immigration police officers find offenses committed by foreigners or Romanian citizens in relation to the regime of foreigners in Romania, they immediately notify the criminal prosecution authorities.
How many specific control activities were carried out by immigration officers nationwide in the last year? What were the results? What were the main achievements of the General Inspectorate for Immigration in the last year?
In 2023, the General Inspectorate for Immigration managed the stay on the Romanian territory of 202,318 foreign citizens, more than 70% of all foreigners with a valid right of residence on December 31, 2023 were citizens of third states. 101,240 employment permits were issued to foreigners. 24,349 visa applications submitted by foreigners to diplomatic missions abroad and forwarded for endorsement by the Ministry of Foreign Affairs were registered.
5.129 foreigners were detected in illegal situations, as a result of the 14.919 actions carried out at national level, both with own forces and in cooperation with other structures with responsibilities in the field.
For the irregularities detected, 12,426 sanctions were applied at national level, totaling 7,995,050 lei.
Also, 3,986 return decisions were issued and 1,222 persons were removed under escort.
5,566 applications for international protection were dealt with at the administrative stage and a form of protection was granted in 933 cases, of which 491 – refugee status and 442 – subsidiary protection.
What is a “return decision” and how does it apply?
The return decision is the administrative act by which the General Inspectorate for Immigration establishes the illegal stay of the foreigner on Romanian territory and sets the obligation to return, as well as the deadline for voluntary departure. It is implemented in accordance with the provisions of art. 81 – 1066 of the Emergency Ordinance no. 194 of December 12, 2002, on the regime of aliens in Romania.
What are the main objectives of the General Inspectorate for Immigration in the medium and long term?
Preventing and combating illegal migration, undeclared work of foreigners in Romania, as well as unrestricted access to the asylum procedure, are still priorities of the immigration officers, in order to increase the citizen’s safety.
The General Inspectorate for Immigration
Lt.col. Marinescu Constantin Street no. 15A, District 5, Bucharest
fax: 021.410.75.01 e-mail: igi@mai.gov.ro