Opened a Company in Romania? This does NOT guarantee residency for Non-EU citizens

Opened a Company in Romania? This does NOT guarantee residency for Non-EU citizens

Opened a Company in Romania? This does NOT guarantee residency for Non-EU citizens

"I opened a company in Romania but later found out this doesn't allow me to live there long-term." - We increasingly hear this from our clients who are non-EU citizens requiring a visa to enter Romania.

Opening a company in Romania does not automatically entitle you to obtain a long-stay visa or a residence permit.

Many foreign investors from outside the EU are forced to repeatedly apply for short-stay national visas or Schengen visas to manage their businesses in Romania.

In our article, we briefly explain the legal options available for such investors to obtain long-term residence rights in Romania.

Note: The information below refers exclusively to Romanian long-stay visa applications. It does not cover specific rules applicable to holders of long-stay visas or residence permits issued by other Schengen states, nor does it address exceptional situations covered by international agreements.


AS A GENERAL RULE, AS A NON-EU CITIZEN, YOU CANNOT LEGALLY RESIDE IN ROMANIA LONG-TERM JUST BECAUSE YOU OPENED A COMPANY

There is a clear distinction between:

  • Opening a company in Romania
  • Having the right to enter and stay in Romania short-term (90 days within a 180-day period)
  • Having the right to reside long-term (more than 90 days, based on a residence permit)

You can open a company in Romania without obtaining a visa beforehand and even without being physically present in Romania.

While establishing a company may help justify short-stay visa applications, especially for administrator and directors, and may support issuing invitation-based visas for other people (e.g. non-managing shareholders), this does not entitle you to long-term residence.


ENTRY TO ROMANIA IS CONDITIONAL UPON OBTAINING A VISA IN ADVANCE

Applications for a Romanian visa must be submitted to the competent Romanian consular authorities in the applicant’s country of origin or legal residence.

Short-stay visas cannot be extended.

As a rule:

  • You cannot request the extension or issuance of a new short-stay visa while in Romania.
  • You cannot apply for a long-stay visa while holding a short-stay visa from inside Romania.

You must return to your country of origin and follow the proper procedure.

Exceptionally, in cases of force majeure, humanitarian reasons, or other unforeseen urgent situations, short-stay visa extensions may be granted from within Romania.


VISA TYPES BY DURATION AND PURPOSE

Depending on the allowed stay period, visas are classified as:

  • Short-stay (Type C)
  • Long-stay (Type D)

For long-stay visas, after entering Romania, you must apply for a residence permit consistent with the purpose of your visa. Without a residence permit, the long-stay visa only provides a temporary right to remain.

The residence right begins as temporary (for fixed periods, usually up to one year), may be extended and can eventually become long-term (indefinite duration), under specific conditions.

During your stay, your activities must match the purpose of the visa and residence permit granted.

As long as your residence right is valid, you may temporarily travel abroad, including to your country of origin, without losing your Romanian residence rights.


LONG-STAY VISA TYPES RELEVANT FOR INVESTORS

Note: Visas for employment, secondment, highly qualified workers, or for liberal professions fall under separate categories and are not intended for business owners.

1. Economic Activities (Type D/AE)

2. Commercial Activities (Type D/AC)

3. Other Purposes (Type D/AS)


SPECIFIC CONDITIONS BY VISA TYPE

VISA FOR ECONOMIC ACTIVITIES (Type D/AE)

Eligible applicants: Non-EU citizens intending to carry out economic activities regulated by special Romanian laws – such as authorized individuals (PFA), individual enterprises, and family businesses.

Requirement: Proof of compliance with the conditions established by applicable special legislation.


VISA FOR COMMERCIAL ACTIVITIES (Type D/AC)

Eligible applicants: Foreign citizens who are or will become shareholders or associates with management or administrative roles in Romanian companies.

This does not apply to shareholders or associates without such roles, nor to management members who are not shareholders or associates.

Main requirements:

  • Business plan with legally mandated content, pre-approved by relevant authority
  • Romanian bank statement showing a minimum balance of:
    • €100,000 for SRL/ LLC shareholder
    • €150,000 for SA/ Joint Stock Company              shareholder
  • Within 12 months of obtaining the residence permit, you must:
    • Contribute the capital or technology at values mentioned above
    • Create at least:
      • 10 new jobs (for SRL)
      • 15 new jobs (for SA)

These last two thresholds are adjusted based on the number of applicants.


OTHER PURPOSES (Type D/AS)

Eligible applicants: Individuals appointed as administrators of Romanian companies, if all the following conditions are met:

  1. They are already registered as administrators with the Romanian Trade Register.
  2. At the time of the application, they are not shareholders or associates in any Romanian company and have not held such roles in the past two years.
  3. The company in question has no other foreigner who has obtained residence for the same purpose.
  4. The company has made a capital contribution or transferred technology worth at least €50,000.

GENERAL DOCUMENTS REQUIRED FOR ALL VISA TYPES

In addition to specific requirements for each visa type, applicants must also submit:

  • A valid passport issued within the last 10 years, whose validity exceeds 3 years from the expected date of departure
  • Proof of accommodation
  • Health insurance
  • Police clearance certificate or equivalent
  • Proof of sufficient financial means

LONG-TERM RESIDENCE

After 5 years of uninterrupted renewal of temporary residence permits, and if you have effectively lived in Romania (without absences longer than 6 consecutive months or totalling more than 10 months), you may apply for long-term residence.

 

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