Substantive grounds for refusal of the EU Blue Card and Bulgarian case law

Despite the liberalisation of labour legislation and the implementation of the provisions of Directive (EU) 2021/1883, the Employment Agency (Агенция по заетостта) and the Migration Directorate of the Ministry of the Interior continue to strictly monitor compliance with the statutory requirements.

In this article we examine in detail the main substantive grounds for refusing to issue or extend a permit, as confirmed by the current case law of the Sofia City Administrative Court (ASSG).

Proof of qualifications and compliance with NKPD requirements

Bulgarian legislation (the Labour Migration and Labour Mobility Act — ЗТМТМ, and the Law on Foreigners in the Republic of Bulgaria — ЗЧРБ) imposes strict requirements for proving the applicant’s high level of qualification.

Qualification requirements:

• Higher education: a higher education diploma with a course of study of at least 3 academic years.
• Alternative experience for IT specialists (ICT sector, group 133 and subclass 25 under the NKPD): a minimum of 3 years of relevant professional experience over the past 7 years.
• Alternative experience for other professions: at least 5 years of comparable professional experience.

Analysis of case law

Risk 1: An academic transcript instead of a diploma — a guaranteed refusal

ASSG Decision No. 6705 of 07.11.2023 in adm. case No. 7350/2023

The case: The applicant submitted an academic transcript (уверена/академична справка) confirming that examinations had been passed and the curriculum completed, but the higher education diploma itself was neither legalised nor submitted. No evidence of the alternative 5 years of experience was provided either.

The court’s position: An academic transcript only confirms the fact of study or that certain subjects have been passed, but it is not equivalent to a document certifying completed higher education (a diploma). Under Art. 170(2) of the Administrative Procedure Code (APK), the burden of proving that the qualifications meet the requirements rests entirely with the applicant. In the absence of a legalised diploma, a refusal by the Ministry of the Interior authorities and the Employment Agency is fully lawful.

Risk 2: The level of education does not match the job’s NKPD code

ASSG Decision No. 24925 of 21.07.2025 in adm. case No. 3403/2025

The case: A foreign national holding a bachelor’s degree applied for the position of “Production Manager” (Ръководител, производство, code 13217002 under NKPD-2011). The National Classification of Occupations and Positions (NKPD) imperatively sets a minimum level of education for this position — a master’s degree. The employer sought to argue that, by virtue of its “operational discretion”, it was entitled to set the requirements for its employees itself.

The court’s position: The employer’s operational discretion is limited by regulations. If the national classifier strictly sets a minimum level of education for a specific NKPD code, the employer cannot lower this barrier unilaterally. The negative opinion of the Employment Agency and the subsequent refusal by the Migration Directorate were found lawful.

Other common grounds for refusal

Besides questions of education and qualifications, other common reasons for negative decisions are encountered in practice:

• Failure to meet the salary threshold: The gross salary stated in the employment contract must be at least 1.5 times the average salary in Bulgaria over the last 12 months. Errors in calculating this figure are guaranteed to lead to a refusal.
• Non-compliant employment contract terms: The employment contract must be concluded for a period of at least 6 months (under the updated rules).
• Threats to national security or public order: Standard grounds under the Law on Foreigners (criminal records, bans on entry to the Schengen area, etc.).
• Incomplete set of documents or errors in legalisation: Missing apostille/translation on diplomas, employment record books or letters of recommendation.

Recommendations for employers and applicants

To minimise the risk of a refusal of the EU Blue Card, we recommend following this checklist:

• Check the NKPD code carefully: Before submitting documents, you need to study the requirements for the specific position in the classifier (the educational requirement — bachelor’s, master’s or professional bachelor’s degree).
• Legalise documents in advance: Make sure the diploma has gone through the recognition/nostrification procedure (where required) and has been duly apostilled and translated.
• Document alternative experience: If the applicant applies on the basis of experience (especially in IT), clear employment record books, certificates from previous employers and letters of recommendation with a detailed description of duties are required.
• Do not substitute certificates for a diploma: If the educational document has not yet been issued by the university, it is safer to submit the documents after the diploma has been officially received and legalised.

Need professional help?

The specialists of Bulgarian Expert provide comprehensive support with labour migration procedures, auditing candidates’ documents and protecting your interests before the Migration Directorate and the Employment Agency.

You can get a consultation on applying for the EU Blue Card at our offices in Burgas and Plovdiv.