The visa for digital nomads can be granted to those who want to work remotely from Romania for foreign companies.
If they meet the conditions of the law, foreigners who obtain this type of visa are expressly exempted from the application of tax and social security contributions on their salary income, but only until the Romanian law identifies them as tax residents in Romania.
According to the definition given by Law 22/2022 (for the modification and completion of OUG no. 194/2002 regarding the regime of foreigners in Romania), the digital nomad = the foreigner who is employed with an employment contract in 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, in which he/she provides services through the use of information and communication technology and can carry out the activity as an employee or the activity within the company, from a distance, through the use of information and communication technology.
Thus, Law no.22/2022 introduced in the ordinance on the regime of foreigners in Romania a new subtype of visa that can be granted to foreigners who want to come and stay in Romania: the long stay visa for the digital nomad.
We mention that Law no. 22 introduced this subtype of visa in Article 49 of OUG no. 194/2002 – long-stay visa for other purposes.
“In the temporary residence permit granted to the digital nomad the mention “digital nomad” shall be written”, the law states.
More precisely, the long-stay visa for other purposes is granted, upon request, by the diplomatic missions and consular offices of Romania in the country where they have their residence or domicile, to digital nomads who wish to travel and stay on the territory of Romania, while they continue to obtain income from the performance of the employment contract in a company registered outside Romania or from the activities carried out by a company registered by them outside Romania, through the use of information and communication technology, if they cumulatively meet the following conditions:
- they have means of subsistence obtained from the activity carried out, in the amount of at least three times the average gross monthly salary in Romania for each of the last six months prior to the date of submission of the visa application, as well as for the entire period included in the visa;
- they carry out income-generating activities from a distance using information and communication technology.
We remind you that, according to Law 369/2022 (the state social security budget for 2023), the average gross income in 2023 is 6,789 lei.
According to Law 22/2022, an applicant is granted a digital nomad visa only if he/she presents the following documents:
- the employment contract with a company registered outside Romania (in original, with an authenticated translation into Romanian), proving the provision of remote services, using information and communication technology, or proof of remote management and use of information and communication technology of a company registered outside Romania for at least three years at the date of the visa application;
- an original document, together with an authenticated translation into Romanian, issued by the company registered outside Romania with which the foreigner has concluded an employment contract or by the company registered outside Romania that the foreigner owns, presenting all the identification and contact data of the company, as well as its field of activity, the foreigner’s participation in the company and information on the legal representatives of the company;
- a letter of intent, in original, together with an authenticated translation into Romanian, detailing the purpose of the trip to Romania and the activities that the foreigner intends to carry out in Romania;
- an apostilled or super-legalized document (in original), as the case may be, together with an authenticated translation, in Romanian, issued by the competent central or local public administration institution of the place of tax residence, certifying that, at the date of visa application, the foreigner employed or, as the case may be, the company he/she owns has paid the taxes, duties and other compulsory contributions up to date, as well as that he/she is not registered with acts and facts that have or have had the effect of tax evasion and tax fraud;
- the reservation of a valid travel ticket to the destination or the driving license, green card, registration documents of the means of transport and proof of itinerary, in the case of drivers;
- proof of medical insurance for the entire period of validity of the visa, valid on the territory of Romania and with a coverage of at least 30.000 euro;
- proof of means of subsistence obtained from the activity carried out, in the amount of at least three times the average gross monthly salary in Romania for each of the last six months preceding the date of submission of the visa application, as well as for the entire period included in the visa;
- proof of the provision of accommodation;
- a criminal record certificate or other document with the same legal value, apostilled or super-legalized, as the case may be, and translated in authentic form, in Romanian, issued by the authorities of the country of origin and, if applicable, of the state in which the foreigner is legally resident and in which he/she obtains income from the performance of the employment contract in a company registered outside Romania or from activities carried out by a company registered by him/her outside Romania, proving that there are no records of criminal acts;
- other supporting documents that the competent Romanian authorities require
The first extension of the temporary right of residence for digital nomads is granted for a period of six months.
Subsequent extensions of the right of temporary residence may be granted if the foreigner still meets the necessary conditions and presents an income certificate issued by the competent tax authority.
Legal basis:
-Law 22/2022 for the modification and completion of Government Emergency Ordinance No. 194/2002 on the regime of foreigners in Romania
-Emergency Ordinance 194/2002 on the regime of foreigners in Romania*) – Revision
-Fiscal Procedure Code (approved by Law no.207/2015, published in the Official Gazette no.547 of 23.07.2015), with subsequent amendments and additions.