Digital nomads: Law no. 22/2022 amends and completes GEO no. 194/2002 regarding foreign individuals in Romania

In brief

The Parliament of Romania has extended the applicability of the provisions of Government Emergency Ordinance no. 194/2002 on foreign individuals in Romania (GEO no. 194/2220) to attract certain categories of workers to work in the country.

In detail

Law no. 22/2022 introduces the notion of “digital nomad”, which it defines as a foreign individual who is either employed under an employment contract by a company registered outside Romania or who owns such a company that provides services using information and communications technology and who conducts their activities remotely using information and communications technology.

To regulate the right of residence in Romania, digital nomads may request from the competent Romanian consulate a long-stay visa for “other purposes” if, in addition to the general conditions, they cumulatively meet the following specific conditions:

• Have demonstrable means of subsistence obtained from their activity of at least three times the average gross monthly salary in Romania for each of the last six months prior to the date of filing the visa application and for the entire period to be specified in the visa;
• Obtain income from carrying out activities remotely using information and communications technology.

To demonstrate compliance with those conditions, digital nomads must submit the following:

• The employment contract concluded with the company registered outside Romania to prove the provision of remote services or proof of remote administration using the information and communications technology of a company registered outside Romania for at least three years as at the time of visa application;
  
• The documents issued by the company registered outside Romania with which the worker has an employment contract or the foreign individual owns, including all the company identification and contact data, its field of activity, the foreigner’s ownership share and information on the company’s legal representatives;
• A letter of intent in which the foreigner details the purpose of their trip to Romania and the activities intended to be carried out on the Romanian territory;
• A document issued by the competent institution of the place of tax residence proving that, as at the date of the visa application, the worker or company owned by the foreign individual has no outstanding taxes, fees or other compulsory contributions and no record of tax evasion or tax fraud;
• Proof of the means of subsistence obtained from the activity carried out of at least three times the average gross monthly salary in Romania for each of the last six months prior to the date of filing the visa application, as well as for the entire period to be specified in the visa.

A digital nomad’s right of temporary residence can be extended if, in addition to the general conditions provided by law, the above specific conditions are all met for the requested period of extension.

For the first extension of the right of residence, the digital nomad will have to provide the above-mentioned documents prepared when applying for the existing visa.

The first such extension of the right of temporary residence would be granted for a period of six months. For subsequent extensions, foreign individuals would also have to present an income certificate issued by the competent tax authority in Romania.

Temporary residence permits granted to digital nomads will mention their “digital nomad” status.

[Law no. 22/2022 on the amendment and completion of Government Emergency Ordinance no. 194/2002 regarding the regime of foreigners in Romania, published in the Official Gazette no. 45 of 14 January 2022]