I. is a migrant worker who came to Romania hoping to find a secure and legal job. He signed a contract, convinced that his employer would follow all the necessary procedures to obtain a work permit and submit the documents to the General Inspectorate for Immigration (IGI). However, his employer deceived him.

Although I. did his part, the employer did not submit the documents to the authorities. The law is very clear: the obligation to submit the documents and obtain the work permit lies solely with the employer, not the foreign worker. I. had no legal means of submitting the documents himself:

Art. 4, (1) The work permit shall be issued by the General Inspectorate for Immigration at the employer’s request if the general conditions set out in paragraph (2) and the special conditions provided for in this Ordinance, depending on the type of worker, are met. – Ordinance 25/2014

When he began to suspect that something was amiss, I. went in person to the IGI for clarification. There, he was immediately issued with a return decision, as he was deemed to be staying illegally.

Now I. has either 15 days to leave the country or 10 days to challenge the decision.

I. supports a family, including two young children under the age of 3, who depend on his income. He wants to stay, work legally and continue his life here. But to do so, he needs our help.

Why is I.’s case important?

Involuntary illegal residence, caused solely by employers or agencies, is very common among migrant workers. I.’s case could set a legal precedent and help many other workers facing the same injustice.

What does I. need?

Access to justice for a migrant worker involves numerous barriers: they do not know the language, they do not know any lawyers specialising in migration, they are very easily misled, deadlines are very short, and they lack financial resources. CRJ will facilitate this process through a chosen lawyer with experience in migration.

To defend their rights, two separate legal actions are required:

Challenging the return decision issued by the IGI

Taking legal action against the employer for the damage suffered

There is a real chance of success, but the proceedings are costly and time-consuming. €600 + VAT is required to cover legal representation costs and to initiate proceedings for each court action.

Any contribution helps I. to continue his life in Romania and support his family.