Law on Foreigners (ZChRB): new amendments could change the rules for foreigners in Bulgaria

The bill amending the Law on Foreigners in Bulgaria (ZChRB), which we have already written about, is being prepared for its second reading in the National Assembly.

Ahead of the vote, MPs have proposed additional amendments. If they are adopted, they could affect foreigners’ ability to work in Bulgaria and to keep a long-term residence permit or a permanent residence permit during a prolonged absence from the country.

Let us explain in plain terms what may change and whom it concerns.

1. Foreigners with a long-term residence permit may be allowed to work without the previous restrictions

At present, some foreigners may lawfully live in Bulgaria but do not have free access to the local labour market because of the grounds on which they obtained their long-term residence permit.

It is proposed to repeal the provision that establishes these restrictions.

What will change if the amendment is adopted?

The grounds for obtaining a long-term residence permit will no longer in themselves prevent employment. Other requirements for the employment of foreigners will remain in place where they are provided for by law.

The amendment should also remove the contradictions between the rules on the residence of foreigners and the rules on employment, including with regard to holders of the EU Blue Card and the Single Permit for Residence and Work.

Whom may this concern?

In particular, foreigners who obtained a long-term residence permit as:

• digital nomads (Digital Nomad);
• investors;
• pensioners;
• trade representatives of foreign companies.

For these categories the changes could open up new opportunities: for example, finding a job in Bulgaria and switching to another ground for residence in the country.

This is especially important for trade representatives. Since the prospects of obtaining a long-term residence permit on this ground are limited, the option of switching to another status could be a good solution for them.

However, this does not mean that all foreigners with a long-term residence permit will automatically acquire the right to work. The specific conditions will depend on the final text of the law.

2. The state will be able to check foreigners’ employment contracts itself

MP Bozhidar Bozhanov has proposed simplifying the exchange of information between state institutions.

The National Revenue Agency (NAP) will have to provide data from the Employment Register on workers from countries outside the EU. This information may be used by authorised officials of the Labour Inspectorate and the Employment Agency.

What does this mean in practice?

State authorities will be able to check information about a foreigner’s employment themselves, without requesting documents from the person or the employer each time.

In other words, if the state already has the information, the authorities will not have to ask the person for it again.

This should simplify checks and speed up the exchange of data between institutions.

3. Prolonged absence from Bulgaria: it is proposed to take valid reasons into account

The bill contains new rules linked to the requirement to actually be present in Bulgaria in order to keep certain residence statuses.

This may affect foreigners who live abroad for long periods, travel frequently or work outside the country.

MPs have proposed making exceptions for certain cases of absence from Bulgaria.

In particular, it is proposed to take special circumstances into account if the person was absent because of:

• medical treatment;
• studies;
• a business trip;
• work on an investment project abroad;
• force majeure circumstances;
• a state of emergency.

Why does this matter?

If the amendments are adopted, certain periods of absence from the country may be disregarded when checking compliance with the residence requirements.

For example, a long trip for medical treatment or a business assignment could become grounds for applying an exception.

But it is important to remember: this is still only a proposal. The procedure for applying such exceptions and the documents required to confirm the reason for the absence will depend on the final wording of the law.

4. Exceptions may be retained for some holders of a permanent residence permit

It is separately proposed to protect two categories of foreigners from the new requirements concerning actual presence in Bulgaria:

• those who obtained a permanent residence permit on the basis of investment;
• family members of Bulgarian citizens.

If the amendment is adopted, they will be able to keep their permanent residence permit even if they spend a long time outside the country, under the conditions provided for these categories.

This is especially important for those who hold permanent status in Bulgaria but spend a lot of time abroad for family, business or other reasons.

When will the changes become law?

For now, all the amendments listed are only proposals by members of parliament. They still have to be considered separately and voted on at second reading.

So at this point it cannot be assumed that the new rules are already in force.

After the vote it will become clear which proposals were adopted and what the final text of the law will look like.

We will continue to follow the changes to the Law on Foreigners (ZChRB) and will report which new rules actually take effect and what they will mean for foreigners living in Bulgaria.