Long-term residence permit in Bulgaria on the grounds of “Freelance Profession”

Citizens of countries outside the European Union may live and work in Bulgaria after obtaining a permit to carry out freelance professional activity (a licence). This permit, in turn, is grounds for obtaining a Bulgarian long-term residence permit.

“Дейност на свободна практика” is any economic activity carried out independently, not under employment, with the exception of the activity provided for in Art. 24, para. 1, item 2 of the Foreigners Act (commercial activity providing jobs for 10 Bulgarian citizens).

A “freelancer visa/long-term residence permit” cannot be obtained by those employed in fields where Bulgarian citizenship is required (for example, a foreigner cannot work as a notary or a lawyer). A freelancer visa can be obtained by doctors (in this case the qualification must be recognised), consultants, designers, engineers, programmers, marketing specialists and representatives of all other professions that allow private practice.

These grounds have their advantages and disadvantages. On the one hand, this way of obtaining a long-term residence permit is available to virtually any experienced specialist. On the other hand, you must prove knowledge of Bulgarian, pay taxes and insurance contributions every month regardless of your actual earnings, and renew the licence annually.

Conditions

So what is required to obtain the coveted licence? The conditions are set by the Labour Migration Act.

• The permit is granted in accordance with the state of the Bulgarian labour market. To obtain the licence you must prove that the activity will be economically/socially effective. What such proof should consist of in practice is not specified in the law.
• The foreigner must possess officially confirmed special knowledge, skills and professional experience required to carry out freelance practice. These may be diplomas, an employment record book, even service contracts. The supporting documents must be legalised.
• The permit is issued before the activity begins and before the foreigner enters the territory of Bulgaria.

Required documents

To obtain the licence you must submit the documents in person or through an authorised representative to the central administration of the Employment Agency in Sofia. You will need:

• An application in the standard form.
• A brief description of the nature and objectives of the freelance work.
• A detailed work plan for the period for which the permit is requested, in accordance with the requirements of Art. 28, para. 2 of the Labour Migration Act.
• Legalised documents certifying at least two years of experience in the chosen profession.
• Documents certifying the availability of funds to carry out the activity in Bulgaria in accordance with the submitted plan.
• A document proving command of Bulgarian at least at level B1.
• For professions included in the list of regulated ones – a document confirming the recognition of the qualification in Bulgaria.
• Other documents governing the chosen type of activity, if any are required.
• A copy of the international passport (the spread with the photo and personal data).
• Two colour photographs, 3.5 by 4.5 cm.

Other papers may also be required if necessary.

To renew the licence, the documents must be submitted no later than 30 days before its expiry. The list of documents changes in this case. In addition to the application and the activity plan, you must provide:

• at least two concluded service contracts;
• a report on the implementation of the previous work plan;
• a declaration of no outstanding taxes and duties;
• a BULSTAT certificate;
• if patent-taxed activity is carried out – a patent declaration;
• a copy of the existing residence permit.

The permit issuance procedure

The decision to issue the licence is taken within 30 days. If any documents are drawn up incorrectly or are missing, the applicant must correct this within 15 days. The documentation is not returned. The cost of reviewing the application is 400 leva. The permit can only be collected in person.

The Employment Agency permit is issued for a period of up to one year with the possibility of renewal. During the validity of the initially issued licence, the scope of activity may not be changed, i.e. you cannot start working as a dentist and then retrain as a web designer, or vice versa. Also, in the event of any changes to personal data and the circumstances declared in the application, or in the event of temporary difficulties and inability to carry out the activity, the Agency must be notified within one week. It is important to bear in mind that if the period of such temporary difficulties is too long, the licence may not be renewed later on.

Obtaining a type D visa and a long-term residence permit

After obtaining the licence, the foreigner may submit documents for a type D visa. After entering Bulgaria on this visa, you must register in the BULSTAT register at the Registry Agency as a freelancer and apply to the migration service for a long-term residence permit in Bulgaria. When renewing the licence, the residence permit must also be extended by applying to the “Migration” Directorate of the Ministry of the Interior.

Notifying the labour inspectorate

A foreigner carrying out freelance practice in Bulgaria must, within 7 days of starting the activity, notify the ИА ГИТ (Labour Inspectorate) – the organisation that oversees the work of foreign nationals on the territory of Bulgaria.

Can you switch your grounds to “Freelance Profession”?

Obtaining a long-term residence permit on the “Trade Representative” ground is becoming more difficult every year, so many people seek to change their ground. In such a situation, the option of registering as a freelancer looks quite attractive.

It should be noted, however, that the Labour Migration Act (Art. 5, para. 2) states that when applying for initial access to the Bulgarian labour market, a foreign national must be outside Bulgaria, except in the cases provided for by that act.