Law no. 22/2022 for the amendment and completion of the Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania

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EY Romania

21 Jan 2022
Subject Tax Alert
Categories Corporate Tax
Jurisdictions Romania

Recently in the Official Gazette was published Law no. 22 which amends and completes the Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania.

This normative act stipulates that digital nomads enter the category of foreigners who can benefit from a long-stay visa.

According to Law no. 22/2022, the digital nomad is the foreigner who is employed with an employment contract within a company registered outside Romania and who provides services through the use of information and communication technology or who owns a company registered outside Romania, within which he provides services by using information and communication technology and can carry out the activity of employee or activity within the remote company, by using information and communication technology.

In order to obtain a long-stay visa for the nomads wishing to travel and stay in Romania, while continuing to earn income from employment with a company registered outside Romania or from activities carried out by a company registered by them in Romania outside Romania, by using information and communication technology, they need to cumulatively meet the following conditions:

  • they prove the means of subsistence from their activity amounting to at least three times the average gross monthly earnings in Romania for each of the last six months preceding the date of submission of the visa application and for the entire period covered by the visa;
  • they carry out activities from which they derive income, at a distance, using information and communication technology.

To remember

The Long-stay visa is available on request, for which digital nomads must present several documents.

Also, according to the present normative act, digital nomads, who entered Romania on the basis of a long-stay visa, for other purposes, may request the extension of the right of temporary residence with the cumulative fulfillment of several conditions.

The present law entered into force on 17 January 2022.

For further details, please see the Official Gazette no. 45 of 14 January 2022.

The EY Team is available for further details on the above.

 

Prepared by:

  • Corina Mîndoiu - Associate Partner, People Advisory Services
  • Iulian Pasniciuc - Senior Manager, People Advisory Services
  • Ecaterina Boca - Senior Consultant, Knowledge Management Department

For additional information, please contact:

  • Alex Milcev - Tax & Law Leader Romania