How to hire a foreigner covered by the "amnesty" (art. 52 GEO 32/2026): direct contract, but the application goes through an agency

You have found a foreign worker who is already in Romania, lost their right of residence and was "regularised" through the amnesty in GEO 32/2026. You want to hire them. Can you? Yes. Can you do it on your own, without an agency? As a rule, no — and this is where many people get confused, including in HR discussion groups. Here is the procedure step by step, based on the text of the law and on IGI's official answer.

Who is the "foreigner under amnesty"

Art. 52 para. (1) of GEO 32/2026 covers foreigners who:

• entered Romania legally, for work (long-stay visa for employment or single permit),
• remained in the country after their right of residence ended — usually because the extension was not filed on time,
• do not have a return decision issued by IGI,
• reported to IGI within 60 days of 27.04.2026 (i.e. by 29.06.2026) and declared the address where they actually live (para. 2).

These foreigners may apply, until 31 December 2026, for the extension of their temporary right of residence for work without obtaining a new visa — without leaving the country.

Three questions to ask the worker before anything else:

1. Do you have proof that you reported to IGI to declare your address? Without it, the amnesty does not apply.
2. Do you have a return decision? If so, this route is closed.
3. What occupation and what citizenship do you have? This decides who files the application (see below).

The basic rule: direct contract YES, direct application NO

This is the crux. Two provisions must be read together:

Art. 52 para. (4) says that, for the extension of residence, foreigners and registered employers in the platform may conclude an individual employment contract without the start date of activity — the date is set by an addendum after the single permit is issued.

Art. 51 regulates something else: the change of employer for foreigners whose residence was obtained under the old legislation. Para. (2) gives new employers a valuable exemption — they may hire foreigners without a contract with a placement agency, within a calendar year, up to the average number of employees of the previous year.

The natural question: do foreigners under amnesty also benefit from the art. 51 exemption? IGI answered officially: no. By letter no. 239701/14.08.2026, the General Inspectorate for Immigration communicated that the provisions of art. 51 are not applicable to foreigners in the situation of art. 52.

!IGI letter no. 239701/14.08.2026: art. 51 of GEO 32/2026 does not apply to foreigners in the situation of art. 52\nIGI's official answer, letter no. 239701/14.08.2026 (excerpt).

The consequence: the general rule of art. 56 para. (10) of GEO 194/2002 (as amended by GEO 32/2026) applies to them: the single application for extension is completed by "placement agencies or employers, as the case may be". And "as the case may be" means exactly what it means for a first hiring — it depends on the worker's category.

The route depends on the worker, not on the company

Route A — the company files the application itself (D/AM1 categories, art. 27^1 of GEO 194/2002). The worker is:

• a citizen of the Republic of Moldova, Ukraine or Serbia, with a full-time contract;
• highly qualified (higher education, contract of at least 6 months, full-time);
• a teacher or researcher at a state institution, an artist, a professional athlete, staff with special qualifications.

Route B — the application is filed by an authorised placement agency or an authorised employer (D/AM2 categories, art. 27^2). The worker is a permanent, seasonal or cross-border worker in an occupation on the List of shortage occupations.

The typical case — a worker from Asia in construction, hospitality, courier services or manufacturing — is Route B. Before signing anything, check that the occupation in the contract (COR code) is on the List of shortage occupations; if it is not, the D/AM2 route is closed.

Concrete steps — Route B, through an agency

1. Register the company in WorkinRomania.gov.ro. Account on hub.mai.gov.ro, file "Registration as employer – legal entity", tax certificates, sworn declarations of the shareholders and administrators, ANOFM approval. Without an approved authorisation no single application can be filed — neither by you nor by the agency. ANOFM has up to 30 working days, so start now.

2. Find an authorised agency. Check the public R.A.P.S. register on workinromania.gov.ro, under "Authorised agencies". Work only with agencies whose status is "Active". An agency "pending authorisation" cannot operate legally, and the agency is not allowed to take money from the worker — the cost of the service is borne by the company.

3. Sign the three contracts.

• Service contract company ↔ agency, which includes the firm job offer (template).
• Placement contract between three parties — agency, company, worker — in Romanian and in the worker's language (template).
• Individual employment contract company ↔ worker, in Romanian and in their language, registered in REGES-ONLINE, without the start date of activity (template).

4. The agency files the single application in WorkinRomania, with the company's and the worker's documents. The exact list appears in the form; art. 56 para. (10) exempts certain documents that are only required for the first visa.

5. After approval: the worker books an appointment at IGI within 10 days (art. 56 para. 11), collects the single permit, and you draw up the addendum with the start date of activity and register it in REGES-ONLINE. Only now can work begin.

6. Obligations that follow the hiring (art. 7 of GEO 32/2026): salary only by bank transfer, health and safety training in a language the worker understands, Romanian language and integration course (minimum 6 months, at least 6 hours per week), rent withheld of at most 25% of net salary, notification of IGI within 5 days in case of absence exceeding 3 days or termination of the contract, retention of documents for 5 years.

Concrete steps — Route A, the company directly

The same steps, without the agency and without the service and placement contracts: registered company with approval → direct employment contract, without start date → single application filed from the company's WorkinRomania account ("Single applications") → IGI appointment within 10 days → permit → addendum → work begins.

What you are not allowed to do

• Put the worker to work before the permit and the addendum. Employing a foreigner without a right of residence is a new offence under GEO 194/2002, sanctioned per worker.
• Sign with an agency "pending authorisation".
• Pay the salary in cash.
• Let the worker file the application themselves. They cannot: the single application is filed only by the employer or the agency (art. 2 letter uu) of GEO 194/2002).

What is being debated and why it matters

Two readings of the IGI letter circulate in specialist groups. One says that, since art. 52 para. (4) speaks of "registered employers", the company can do everything itself. The other says that nothing in art. 51 applies, so it must go through an agency.

Both oversimplify. Art. 52 para. (4) regulates only the conclusion of the contract — and the contract is signed directly between employer and foreigner on the agency route too. Who files the application is determined by art. 56 para. (10), with the wording "as the case may be". So: direct contract for everyone, direct application only for D/AM1 categories, through an agency or authorised employer for the rest.

Timeline

In short

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This resource is for information purposes and reflects the situation at the date of publication. The official texts (GEO 32/2026, GEO 194/2002) and the communications of the competent institutions prevail. The IGI interpretation quoted comes from an individual letter (no. 239701/14.08.2026); for concrete situations we recommend your own written request to IGI and consulting a specialist.