Draft amendments to the Foreigners Act in Bulgaria

What changes are expected?

There are plans to improve the procedure for cooperation between the competent state bodies when issuing:

• long-term residence and work permits under Art. 24и of the ЗЧРБ;
• long-term residence and work permits, the “Blue Card”, under Art. 33к of the ЗЧРБ;
• permits for persons relocating in connection with an intra-corporate transfer with the right of long-term residence (Art. 33п of the ЗЧРБ);
• long-term residence permits for seasonal workers (Art. 24к of the ЗЧРБ).

In all these cases, the procedure for obtaining permits is to be simplified: it will be possible to submit documents directly to the migration service, without first applying to the Employment Agency for a work permit. It should only be noted that the actual existence of an employment relationship may be checked by special services both while the permit is being obtained and afterwards.

In addition, amendments are planned to item 6 of Art. 24 para. 1 of the Foreigners Act. Now no more than two representatives from a single company will be able to obtain a visa and then a long-term residence permit on the “trade representative” basis. The requirements for the company are changing as well – its turnover must be no less than 500 thousand leva converted into Bulgarian currency over the two years preceding the registration of the representative office.

To extend the long-term residence permit, it will be necessary to provide БТПП with information showing that the representative office has an office and relations with Bulgarian partners, and БТПП will check this information and notify the migration service of any changes.

Let us recall that for now this is only a draft – the amendments may not be adopted, and they certainly will not take effect in the near future: the consultations end on 24.06.2022, after which the amendments must be adopted and published in the «Държавен вестник» in order to enter into force. Nevertheless, one should be prepared for the requirements for foreigners obtaining a long-term residence permit on the “trade representative” basis to become stricter.

What should trade representatives do if their companies do not meet the new requirements?

Those who did not waste their time in Bulgaria and studied Bulgarian will be able to change their basis to “freelance profession”. This option suits representatives of virtually any speciality who can work for themselves – teachers, designers, doctors (in the latter case the diploma will have to be recognised). To obtain a permit to work on such a basis, you must pass a Bulgarian language exam at level B1, provide documents on your education and work experience, and draw up a business plan.

After that, the residence permit can be extended annually by showing the results of your activity and your income. Although at first glance this option is more difficult than working as a trade representative, it is entirely realistic.

Another option for changing the basis is taking up employment, all the more so as the procedure will be simplified if the amendments to the law are adopted. In this case you need to find an interested employer willing to hire a foreigner and to submit all the documents required for this.

Thus, even if the amendments to the Foreigners Act are adopted, the possibility of obtaining a Bulgarian long-term residence permit will still remain.

How to change the “representative” basis to the “freelance profession” basis?

Long-term residence permit in Bulgaria on the “freelance profession” basis

How to prove your command of Bulgarian

Long-term residence permit for employees