Work in Bulgaria for nationals of “third countries”

In Bulgaria, different laws apply in the field of employment to Bulgarian nationals, EU nationals and nationals of “third countries”, which include all states in the world outside the European Union. Work for foreign nationals from “third countries” has its own specifics, which everyone planning to work in Bulgaria should be aware of.

First of all, it should be clarified that foreign nationals who have already obtained a long-term or permanent residence permit in the country are subject to the same rules as Bulgarians. But for those who hold only a long-term residence permit or a visa (or hold nothing at all), the rules are different.

Foreign nationals moving to Bulgaria for work must hold a single permit for residence and work (едино разрешение за пребиваване и работа). The procedure for obtaining employment for third-country nationals is governed by Directive 2011/98/EU. The rights of foreign nationals are also set out in the Law on Foreign Nationals and the Law on Labour Migration.

Since 1 June 2021, the work permit has been issued by the Ministry of Internal Affairs under Art. 24и of the Law on Foreign Nationals, after the Employment Agency issues a written opinion in accordance with the requirements of the Law on Labour Migration. If the opinion is positive, the Ministry of Internal Affairs issues the work permit. It is issued to third-country nationals who wish to obtain a long-term residence permit for the purpose of working in Bulgaria – these are persons hired in accordance with the Bulgarian Labour Code by an employer on the territory of the country.

The permit is valid for a maximum of 3 years; if the employment contract is concluded for a shorter period, the permit is issued for the term of the employment contract.

Conditions for issuing a work permit in Bulgaria

1. The candidate for the position must possess the knowledge, skills and professional experience required for it.
2. The working and pay conditions for the foreign national must be no worse than those for Bulgarian nationals working in the corresponding positions.
3. An employer may hire foreign nationals for positions for which Bulgarian citizenship is not required by law.
4. Over the last 12 months, the total number of foreign nationals from countries outside the EU employed by the employer under an employment contract must not exceed 20% of the average headcount of employees. At small and medium-sized enterprises, the number of foreign employees may reach 35% in accordance with Art. 3 para. 1, item 1 of the Law on Small and Medium-Sized Enterprises.

Procedure

Access to the labour market

The employer or a person authorised by the employer must submit an application for the issue of a work permit to the “Migration” directorate at the regional department of the Ministry of Internal Affairs. The application may also be submitted by the foreign national, if they hold a long-term residence permit, however in any case the application must be signed by the employer. The migration service may carry out a check if doubts arise as to whether the foreign national actually resides at the address stated in their declaration. In this case, the inspection report is attached to the application.

The following documents are attached to the application:

• Justification. The employer must set out, in free form, why they wish to hire this particular foreign national, and also the reasons why they do not wish or are unable to hire for this position Bulgarian nationals (or foreign nationals holding the same rights as Bulgarian nationals) who meet the employer’s requirements. A copy of the job advertisements the employer placed in the media or on the internet is attached to the justification.
• Documents on the education, specialisation, professional qualifications, experience and legal capacity of the foreign employee. They must correspond to the employer’s requirements stated in the vacancy advertisement. In particular, a document on the employee’s length of service is required.
• A certificate of no criminal record for the foreign employee.
• Proof that the employee is provided with accommodation. It should be borne in mind that the foreign national must actually reside at the stated address, as checks by the migration service are possible.
• A declaration by the employer that the working and pay conditions for the foreign national will be no worse than for Bulgarian nationals in the corresponding category.
• Other documents which, in accordance with Bulgarian law, are required for holding the position specified by the employer (if necessary).

The “Migration” directorate checks the documents submitted. If, during the check, other documentation needs to be provided, the applicant is given 7 days to do so.

After this, the “Migration” directorate sends its opinion on access to the Bulgarian labour market electronically to the Employment Agency. The package of documents is also sent electronically to the State Agency “Национална сигурност”, which prepares its own opinion. The period for preparing it is up to 14 days if the foreign national is already on the territory of Bulgaria, and in the cases under Art. 24и para. 15 of the Law on Foreign Nationals – 10 days after the opinion on the visa application is issued.

Within 15 days from the moment the documents reach the Employment Agency, it sends the migration service a written opinion on whether or not there are grounds for granting the foreign national access to the labour market. To prepare such an opinion, the Agency collects information about the employer through official channels. In particular, data are requested from the tax service (on the existence of debts) and from the Executive Agency “Главна инспекция по труда” (on effective criminal rulings for the violations specified in Art. 11 of the Law on Labour Migration).

Once the “Migration” directorate has received positive opinions from the competent authorities, a message will be sent to the employer electronically within 3 days stating that there are grounds for admitting the foreign national to the Bulgarian labour market. A similar message will also be sent to the consular service at the Ministry of Foreign Affairs.

The employer informs the foreign national that they should submit a visa application within 20 days. If the visa is refused, the consular service notifies the “Migration” directorate and the State Agency “Национална сигурност” of this.

Issue of the type D visa

The next stage is for the foreign national to obtain a type D visa in accordance with Art. 15 para. 1 of the Law on Foreign Nationals.

Within 14 days of arriving in Bulgaria, the foreign national must personally attach to the application a copy of the page of their passport bearing the visa.

Executive Agency “Инспекция по труда”

A foreign national who has arrived in Bulgaria may start work immediately. Within 7 days from that moment, the employer must notify the territorial branch of the labour inspectorate of this by completing the special forms published on the official page of “Инспекция по труда”.

The Executive Agency “Главна инспекция по труда” monitors the employment of foreign nationals on the territory of Bulgaria. The supervisory authorities may visit all sites where work is carried out, and may also request personal documents, including from foreign nationals who are working.

Attention of the employer

The employer is obliged to notify the “Migration” Directorate of any changes affecting the criteria for assigning workers to the relevant positions, if they occurred during the employment procedure or upon termination of the employment relationship with a foreign national. The notification must be submitted within 3 days of the changes or the termination of the employment relationship.

As of 09.07.2021, amendments to Art. 60 of the Pravilnik to the Foreigners Act came into force. Now, when submitting documents for the issuance of a work permit, the employer, a person authorised by the employer, or the foreign national must appear in person at the migration service office.

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