Single application filed after the 90 days: IGI promises a proportionality-based review. What evidence the employer should prepare
A foreign worker was dismissed at the beginning of September. The new employer found him within a few days, but did not manage to complete its registration in WorkinRomania before 15 September, when the workflows were switched off. The 90 days are running, the platform does not allow filing, and both sides are asking the same question: what happens if the single application (cerere unică) ends up being filed after the deadline?
On 14 October 2026, a territorial office of the General Inspectorate for Immigration (IGI) gave a written answer to exactly this question. The guide below shows what the answer says, what it changes compared to IGI's position from September, and what evidence file the employer must prepare.
In short
- A foreigner holding a right of residence for work may change employer under the conditions of art. 56 alin. (9)–(12) of OUG nr. 194/2002, applied through art. 51 of OUG nr. 32/2026.
- The order is fixed: first the employer's registration in WorkinRomania, then the single application for extension of the right of residence.
- If, for objective reasons, the single application is filed after the 90 days from the registration of the contract termination, IGI will decide it taking into account all the circumstances of the case, based on the principle of proportionality.
- The answer does not mean automatic approval. The case is won by the employer who can prove it tried in time and was stopped by the platform.
What IGI answered
Reply from an IGI territorial office, 14.10.2026 (anonymised version: the recipient's details, the registration number, the county and the signature have been covered).
The answer contains three ideas:
- The legal basis. Foreigners legally staying in Romania on the basis of a right of residence for work may change employer under the conditions of art. 56 alin. (9)–(12) of OUG nr. 194/2002, in accordance with art. 51 of OUG nr. 32/2026.
- The procedure. The employer completes the single application in WorkinRomania. IGI stresses that the steps for the employer's registration must first be completed promptly, and once they are finalised, the single application is completed.
- The deadline. During the transition period until the platform becomes fully operational, if the single application was filed after the 90 days for objective reasons, all the specific circumstances of each case will be taken into account when deciding it, in compliance with the principle of proportionality.
Where the 90 days come from
After the employment contract ends, the worker's right of residence continues for at most 90 days (art. 56 alin. 6 OUG nr. 194/2002). Within this period, the new employer files the single application for extension of the right of residence (art. 56 alin. 9). The deadline is counted from the date the contract termination was registered, i.e. the date in REGES-ONLINE, not the date on which the worker received the termination decision.
Since 15 September 2026, after the Bucharest Court of Appeal suspended the order approving the List of shortage occupations, WorkinRomania has stopped the registration and authorisation of employers and the filing of D/AM2 single applications. An unregistered employer cannot file any single application, not even for a D/AM1 worker. For many workers dismissed in August and September, the 90 days end before the platform is fully functional.
What is new in the answer
| IGI press release of September 2026 | IGI reply of 14 October 2026 | |
|---|---|---|
| Situation covered | D/AM2 applications that cannot currently be submitted through the platform | Any single application for change of employer filed after the 90 days |
| What IGI promises | Individual review after functionality resumes | Decision taking into account all circumstances, based on proportionality |
| The condition | The employer's objective impossibility to complete registration or authorisation | Objective reasons for the late filing |
| What it asks of the employer | — | Completing the registration steps promptly |
The practical difference: the September press release left open the question "what happens if the 90 days pass". The October answer closes it: late filing is not automatically rejected for the deadline, but examined on the merits.
What the answer does not say
- It does not approve the application in advance. IGI promises a review of the circumstances, not an outcome. The file must show that the delay comes from the platform.
- It does not cover the employer's own delays. "Objective reasons" means the platform blockage or the technical impossibility of completing the procedure, not an employer who postponed registration.
- It does not extend the 90 days. The legal deadline remains the same. The answer only concerns how IGI treats an application that has exceeded it.
- It does not change the other conditions. The rules on resignation and the 6 months (art. 56 alin. 13 OUG nr. 194/2002), the D/AM2 rules on the placement agency (art. 40 OUG nr. 32/2026) and the job conditions still apply.
- It is a territorial office's reply to a petition. It carries the weight of an official IGI position on this case and can be cited as a reference at any other office, but it is not a published national instruction.
What the employer should do from now on
- Start the registration in WorkinRomania immediately. Promptness is the condition IGI names explicitly. The hub.mai.gov.ro account, the registration file and the company documents are prepared even if the workflow is switched off. The date of the first attempt is the first piece of evidence.
- Build the evidence file (table below), with dates and times visible.
- File the single application on the first day the workflow is active again. Every day that passes after the platform resumes weakens the objective-reason argument.
- Attach an explanatory note to the single application. The note sets out the timeline (the contract termination date, the date of the first registration attempt, the blockage period, the filing date), invokes the principle of proportionality and refers to the IGI reply of 14.10.2026.
- Keep the worker informed. The worker keeps the contract termination decision, a copy of the explanatory note and the WorkinRomania file number.
The evidence file
| Evidence | What it shows | Where to get it |
|---|---|---|
| The contract termination decision and the REGES-ONLINE extract | The date from which the 90 days run | From the former employer or from REGES |
| Screenshots of the deactivation message in WorkinRomania | That the workflow was switched off on the date of the attempt | From the hub.mai.gov.ro account, with date and time visible |
| The number and status of the registration file | That the procedure was started, and since when | From the files section in WorkinRomania |
| E-mails or petitions to IGI, the National Agency for Employment (ANOFM) or the Ministry of Labour | That the employer requested a solution in good time | From the company's e-mail inbox |
| The firm job offer or the pre-contract with the worker | That the hiring was decided before the deadline expired | From the company's documents, dated and signed |
| The IGI reply of 14.10.2026 | IGI's position on late filing | The anonymised version in this guide |
What the worker should do
- Do not leave Romania and do not sign anything without knowing what situation you are in. The WantJOB guide on the blockage explains the situations one by one (link at the end).
- Ask the new employer for the WorkinRomania file number and its status.
- Keep with you the termination decision, the residence permit, the new employer's offer and a copy of this IGI reply.
How WantJOB helps
WantJOB specialists can check the worker's 90-day deadline and prepare the WorkinRomania registration file, the evidence file and the explanatory note for late filing, so that the single application goes out on the first day the platform allows it. Contact: office@wantjob.eu.
Sources
- OUG nr. 32/2026 on foreigners' access to the labour market in Romania (igi.mai.gov.ro)
- OUG nr. 194/2002 on the regime of foreigners in Romania, consolidated version (igi.mai.gov.ro)
- The WorkinRomania.gov.ro platform
- WantJOB guide: the WorkinRomania blockage, what you can do if you are a foreign worker
- WantJOB guide: the suspension of Order 1073/2026 and the WorkinRomania blockage
This resource is for information purposes and reflects OUG nr. 32/2026, OUG nr. 194/2002 and the IGI reply of 14 October 2026, as known on 16 October 2026. On that date, the employer registration and authorisation workflows in WorkinRomania were deactivated. For a specific situation, we recommend consulting IGI or a specialist.