Draft law on foreigners in Bulgaria approved by the Council of Ministers

In recent months, foreigners who obtained a long-term residence permit on the basis of “Representative” have been anxiously awaiting amendments to the law governing the residence of foreign nationals in Bulgaria. The proposed amendments seemed too harsh to many, so there remained hope that they would not be adopted. Nevertheless, on 22 March 2024 the Council of Ministers approved the amendments.

What will change?

Whereas previously a foreign company opening a representative office had to have an annual turnover of at least 250 thousand leva, the requirements are now much stricter: at least 500 thousand leva. Moreover, the company must have had such a turnover for two years prior to opening the representative office.

Another innovation causing understandable dissatisfaction among future and current representatives is that no more than two representatives may now obtain a residence permit.

To extend a long-term residence permit on this basis, confirmation of activity in the previous period will be required: the existence of contracts, concluded transactions, evidence of other relations with Bulgarian partners. It will also be necessary to confirm the existence of an office in Bulgaria. All this information will be verified.

If a representative office does not meet the requirements of the law, the competent state authorities notify the Bulgarian Chamber of Commerce and Industry, which may initiate a procedure to close the representative office. In turn, in the event of any changes, the BCCI immediately notifies the migration service.

Other changes concern mainly those who come to Bulgaria on a work visa (including under the “Blue Card”). These amendments are made to Articles 24i, 33k, 33p and 24k of the law. The procedures related to the issuance of visas and residence and work permits under these articles will be simplified; it will not be necessary to apply to the Employment Agency. A new article will appear devoted to those who are undergoing specialisation in Bulgaria and obtain a long-term residence permit on this basis. In addition, notarial certification of the housing rental agreement, which was not required previously, will now be required.

Despite the fact that the changes have been approved by the Council of Ministers, in order for the amendments to be adopted they must be approved by parliament. After that, the changes are published in the “Държавен вестник” and the amendments enter into force.

Representatives whose companies do not meet the new requirements will most likely have to obtain a long-term residence permit on other grounds going forward. The specialists of “Bulgarian Expert” will advise you on which of them are available in your case.

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