More and more Romanian employers working with Asian staff are facing a delicate and often unclear legal issue: what happens when a non-EU citizen leaves Romania without following the procedures for transfer to another EU Member State? The consequences can be severe for both workers and employers, as the authorities can issue alerts in the Schengen Information System (SIS), which leads to entry bans in the Schengen area and jeopardizes the worker's professional future in Europe.
According to current legislation, the residence permit for work in Romania is strictly conditioned by the activity carried out on the national territory. When an employee no longer shows up for work and there are indications that he or she has left the country to work in another EU country without legal transfer, the employer can notify the General Inspectorate for Immigration (IGI), which has the alert tool available in the SIS. This European alert system can block the worker's return to Romania or their access to other forms of legal employment in the EU for a period of between three and five years.
Yosef Gavriel Peisakh, general manager of Work from Asia, points out that these situations have become increasingly common and that a clearer administrative framework is needed, accompanied by accessible information for all actors involved.
"We are not asking for relaxation of the rules, but simply for clarity and dialog. It is essential that we and non-EU workers know what happens when they leave Romania without a legal transfer. Are they flagged in the SIS? What does this alert entail? How long is it active? And above all: how can employers and workers prevent these consequences by taking swift and correct action?"
Yosef Gavriel Peisakhgeneral manager at Work from Asia
Work from Asia calls on the authorities to regularly publish statistics on the number of non-EU citizens who have left Romania outside the legal framework, how many of them were subsequently detected in other EU countries and how many of them were entered into the SIS. The information would contribute to a better understanding of the phenomenon and to preventing cases of irregular migration, which affects not only workers, but also the reputation of employers and Romania's image as a responsible and predictable state in managing international labor.
"We are fully aware that the phenomenon of unauthorized departures is a real one and that it sometimes produces negative administrative or legal effects. That is why we are open to contributing, with all the information we have from the market, to any analysis or consultation on this issue, if the IGI considers it useful. We want solutions that protect workers' rights, provide a predictable legal framework for employers and maintain Romania's standards of compliance and image in relation to other EU Member States", adds Yosef Gavriel Peisakh.
In the absence of simplified reporting mechanisms, such as a direct option in REVISAL or a standardized digital form, many small employers find it difficult to report these cases effectively, and workers leave without realizing the long-term implications for their right to work legally in Europe.
Yosef Gavriel Peisakh points out that many Filipino, Nepalese or Indian nationals who have work permits in Romania believe that they can apply for employment directly in other EU countries during a visit, unaware that this is prohibited under EU law and can attract severe sanctions, including a ban on entry or deportation.
"Romania must remain an example of fairness and efficiency in its relations with European partners. This is why we believe that a preventive approach, based on information, transparency and collaboration, is in everyone's interest. We offer our full availability to contribute, in a professional and constructive manner, to any effort to clarify and improve current practices", concluded the Work from Asia representative.
How many foreign employees work in Romania
At the end of 2024 there were over 140,640 employees from outside the European Union working legally in Romania, according to official data provided by the General Inspectorate for Immigration (IGI). Since the beginning of the year, the institution has issued more than 42.500 employment permits for foreign nationals. Added to this 6.764 opinions for change of employer.
The current figure only partially covers the real needs of the Romanian labor market, which are much higher, the representatives of the Romanian Employers' Association of Importers of Manpower (PIFM) point out. However, for the second consecutive year, the quota for newly-admitted workers on the labor market remained at 100,000.
