Employment in Bulgaria for foreigners who hold a long-term residence permit on family reunification grounds

That is not entirely true. Those who have obtained a long-term residence permit through a trade representative office are indeed unable to work as employees. But their relatives holding a long-term residence permit on the “family member” basis (Art. 24, para. 1, item 13 of the Foreigners Act) have the right to take up employment under a separate procedure for obtaining a permit valid for 1 year. This is somewhat more complicated than for citizens or foreigners with a permanent residence permit/EU long-term resident status, but it is entirely feasible. You need to prepare and legalise a package of documents and find an employer willing to go through the permit procedure.

What is required to obtain a permit

The work permit is issued by the Employment Agency (Агенция по заетостта) upon application by the employer. It is issued provided that the requirements of Art. 7, para. 1, item 4 of the Labour Migration and Labour Mobility Act (ЗТМТМ) are met — the foreigner must have documented specialist knowledge, skills and professional experience needed to hold the relevant position.

To employ this category of foreigners, the employer does not have to search for workers on the Bulgarian labour market beforehand, as is required in some other cases. Nor do the restrictions under Art. 7, para. 1, item 2 of the ЗТМТМ apply, according to which over the past 12 months an employer could hire no more than 20% (35% for small or medium-sized enterprises) foreigners.

Required documents

The employer submits the following documents to the central administration of the Employment Agency:

1. An application in the standard form.
2. A justification in which the employer states why it has to hire a foreigner rather than a Bulgarian citizen or a holder of a permanent residence permit/EU long-term resident status. The justification is written in free form; there is no need to attach copies of job advertisements in the media or other supporting evidence.
3. A declaration by the employer of compliance with the conditions of Art. 7, para. 1, item 3 of the ЗТМТМ (stating that the working and pay conditions for the foreigner are no worse than for Bulgarian citizens in the corresponding category).
4. A declaration listing the foreigners employed at the company under an employment contract (with their details).
5. Other documents that under Bulgarian law are required to work in the specific position.
6. If the profession is included in the list of regulated ones, an additional document confirming compliance with the relevant conditions is required.
7. Documents on the foreign worker’s education, specialty, legal capacity to practise, professional qualifications and experience. All documents must be legalised and translated into Bulgarian. The translation is certified by a notary or by the consular service. The documents must correspond to the chosen profession and position. Professional skills and experience are certified by a document on length of service issued by the competent authority of the relevant country. This document must state the details of the employer, the working and professional service record and the position held.
8. A copy of the foreigner’s passport (the spread with the photo and personal details).
9. Two colour photographs of the worker (3.5*4.5 cm).
10. The original and a copy of the employment contract.
11. A copy of the foreigner’s valid long-term residence document.

If necessary, the Agency may request other documents as well. A decision is taken within 30 days, during which the information stated in the documents is verified. After payment of the 400 leva fee, the permit is handed over to the employer within three days.

Once the permit has been obtained, the foreigner may start work as an employee. Within a week the employer notifies ИА ГИТ (the Labour Inspectorate) of this.

The document is issued for a term of up to one year with the possibility of extension. If the employment contract is terminated before that date, the employer is obliged to notify the Employment Agency. Thus, a foreigner who decides to change employer will have to go through the entire permit procedure again in order to take up a new job, so the choice of employer should be approached responsibly.

To extend the permit, the employer must submit the following to the Agency no later than 30 days before the expiry date of the previous permit:

• An application in the standard form.
• A justification.
• The original and a copy of the annex to the employment contract in line with the term of the long-term residence permit issued by the migration service.
• A copy of the worker’s current residence permit.

The permit is likewise issued within 30 days.

The heroes of our story successfully found a job for the wife, who came on family reunification grounds. She now works in her field, while her husband, who came to Bulgaria as the representative of a foreign company, will be able to work as an employee after obtaining a permanent residence permit or EU long-term resident status.

If you have any questions related to living or doing business in Bulgaria, contact us in whatever way is convenient for you via the Contacts section and we will advise you FREE OF CHARGE!

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