A new shock for representatives: personal cards being seized

New difficulties

After the amendment of the law on foreigners in Bulgaria, many trade representative offices have had to cut their headcount: from now on there may be no more than three staff. This has led to representatives being struck off trade representative offices on a mass scale.

Clearly, many of those who turned out to be «surplus» in their representative offices cannot resolve the problem straight away. Few people warn them that any gap between being struck off one TP and being entered into another is unacceptable. Some are convinced that, once a residence permit has been issued, nothing needs to be done until the next submission of documents.

Yet the Bulgarian Chamber of Commerce and Industry now informs the migration authorities of every change in the composition of trade representative offices. In this way, migration service officers learn that representatives who have been struck off are staying in Bulgaria with no grounds for residence. Information about «unemployed» representatives is passed on to the border service and to the Ministry of Interior (MVR) offices in their place of registration. What happens next depends on how promptly the officers of those services act. At some point a former representative may have their personal card taken away when crossing the border or during any contact with the police.

You therefore need to be entered into a new representative office immediately after being struck off the old one. At the same time, you may not work in two representative offices at once — this too can be grounds for refusal of a long-term residence permit.

Restrictions

Representatives who remain in a TP face another problem. Until the «surplus» staff have been dismissed, all representatives risk being refused a type D visa or the issue or extension of a residence permit. The Law contains no explicit statement that the number of representatives must be limited; it says only that «no more than three representatives of each foreign trade representative office may obtain a long-term residence permit» («разрешение за продължително пребиваване могат да получат не повече от трима представители за всяко чуждестранно търговско дружество», ЗЧРБ, чл.24, (1), т. 6, изм. – ДВ, бр. 34 от 2019 г.).

It is already obvious, however, that this wording is being interpreted as making it impossible for a company to have more than three representatives. This month, the consulates of various countries have already refused type D visas to all representatives where a TP already had more than three staff on its books. The same problem will most likely arise at migration service offices as well. There is still not enough data from the various regions of Bulgaria for statistics, but there is reason to expect a large number of refusals to issue or extend long-term residence permits.

Companies aware of these changes are rushing to strike off their «surplus» representatives, and it is good if they give warning in advance rather than simply reporting the removal after the fact. Unscrupulous companies may not report such changes at all, so representatives are advised to keep their finger on the pulse themselves and check whether they have been struck off the TP since the last certificate was issued.

Looking for a solution

One thing is clear for now: doing nothing in this situation can be a tragedy for those who have already tied their lives to Bulgaria and want to stay in the country. Certain «experts» add fuel to the fire by spreading frightening speculation. For example, there is a popular myth that only a citizen of the country in which the company is registered can be its representative. As a result the search narrows considerably, and foreigners who are already in a difficult position are left with even fewer options.

Bulgarian Expert has been on the market for five years. Based on our experience, we can say that the Law contains no restrictions whatsoever on citizens of different countries working in representative offices; this has never caused any problems. Nor has the situation changed now that the amendments have been adopted: Russian citizens are successfully working as representatives of European companies, citizens of Kazakhstan are joining Ukrainian TPs, and so on. There is a preference for representing one’s own country, but this is a recommendation and not a restriction based on law, since barring companies from other countries from working with foreign nationals is not within the competence of the Bulgarian authorities.

At the same time, refusals on the grounds of suspicion that the work as a representative of one company or another is fictitious are entirely real. Applicants are now checked very thoroughly. For many, the interviews held at the migration departments when residence permits are issued have come as an unpleasant surprise. Officers ask representatives rather tricky questions. They may not only enquire about the representative office’s work plans or the address of its office, but also ask, for example, what telephone number the company director can be reached on, what colour his eyes are, and what the other representatives look like. Anyone with a poor memory will find such an interview hard going, so it is worth practising in advance in order to be able to answer the most unexpected questions.

Together we will manage!

Representatives have certainly had a hard time of it: there was clearly not enough time to prepare for the changes in the law. And yet anyone who wants to can find a way out. There are plenty of countries in the world with companies that may be interested in the chance to promote their business in Bulgaria and the EU, or at least in studying the Bulgarian market and obtaining the information they need. Besides, there are still TPs with one or two representatives. They may well be short of help from other staff, and there is always a chance of persuading such companies to take on one more representative.

The formula for success for foreigners wishing to obtain a long-term residence permit on the grounds of being a «representative of a foreign company» is simple. It is important to receive reliable information in good time, to respond to it correctly and, above all, not to despair. This is no time to hesitate; considered and competent action is needed.

In view of the situation that has arisen and the many enquiries about these problems from numerous trade representatives and members of their families, the team at Bulgarian Expert has decided to reduce significantly its fees for registering new TPs for those who have already obtained a residence permit and a personal card in Bulgaria. Our offer includes the preparation of all the necessary documents and free consultations.

For those who are unable to register their own TP but do have time, we will help find a foreign company interested in the Bulgarian market and conclude a contract with it.

We also call on everyone who can offer real help to representatives caught in this difficult situation not to stand aside and to assist those in need wherever possible. An outflow of Russian speakers from Bulgaria will benefit no one.

SPECIAL OFFER!!! Registration of a trade representative office 390 euro, including all state fees and the preparation of documents in Bulgarian.

Urgent search for companies in need of trade representatives in Bulgaria.

Preparation of documents for entry into a TP at the old prices!