EU Blue Card
Екипът на Адвокатска кантора „Вътев и партньори“ предоставя пълно правно съдействие на български и международни компании в процедурата за издаване на “Синя карта на Европейския съюз” като насочва своите усилия към осигуряване на предвидимост и идентифициране на нарастващите потребности на своите клиенти при наемането на висококвалифицирани специалисти от държави извън Европейския съюз.
Among the services offered in this area are:
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Advice on how to speed up employment processes for third-country nationals;
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Advice on the different stages of the procedure and the conditions to be met by the foreigner in order to pursue highly qualified employment;
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Preparation of the necessary documents and representation before the competent administrative authorities until the completion of the procedure for obtaining a long-term residence and work permit of the "EU Blue Card" type;
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Legal representation in court and provision of legal protection in case of denial of access to the Bulgarian labour market to highly qualified citizens.
Recruitment of highly qualified professionals from third countries
Basic requirements
An EU Blue Card long-stay residence and work permit is issued to foreigners who are eligible for highly qualified employment.
"Highly skilled employment" is the employment of a person who is highly skilled in:
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Аn acquired higher education qualification attested by a diploma, certificate or other official document issued by a competent authority, following studies of a duration of not less than three academic years carried out by an educational institution recognised as a higher education institution by the State concerned, or
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For persons occupying posts included in a list approved by order of the Minister of Labour and Social Policy - knowledge, skills and competences attested by an official document issued by a competent authority for professional experience at a level comparable to higher education, acquired within the period specified in the list and relevant to the post or sector specified in the employment contract, or
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For persons holding positions outside the list approved by order of the Minister of Labour and Social Policy - knowledge, skills and competences which are certified by an official document issued by a competent authority for at least 5 years of professional experience at a level comparable to higher education and which are related to the positions or sector specified in the employment contract.
Major legislative changes regulating the conditions and procedure for obtaining an EU Blue Card from the end of January 2023 have created the possibility for foreign employees to prove their high qualifications not only with a higher education diploma but also with a document proving their professional experience.
In order for a third-country national to be hired for highly qualified employment on the territory of Bulgaria, the following conditions must be met:
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The gross salary specified in the employment contract of the third-country national worker must be at least 1.5 times higher than the average salary in the Republic of Bulgaria according to the data published by the National Statistical Institute (NSI) for a period of 12 months prior to the conclusion of the employment contract;
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The duration of the employment contract should not be shorter than 6 months (not 12 months as before the amendments);
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The total number of third-country nationals with a long-term residence permit working for the local employer in the preceding 12 months must not exceed 20 % of the average number of employees with an employment contract, and for small and medium-sized enterprises within the meaning of Art. 1(1) of the Small and Medium-sized Enterprises Act - 35 %;
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The offered working conditions and remuneration should not be less favorable than the conditions for Bulgarian citizens for the respective category of work.
Pursuant to the Law on Foreigners in the Republic of Bulgaria, the EU Blue Card long-term residence and work permit may be issued for a period of up to 5 years, but not shorter than 24 months. Where the duration of the employment contract is shorter than 24 months, the permit is issued for the duration of the contract extended by three months, but for a maximum period of 24 months. The authorisation referred to in the first sentence may be renewed if there are grounds for its reissue.
What rights do EU Blue Card holders have?
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Short-term mobility (secondment) Holders of an EU Blue Card issued in Bulgaria can stay up to 90 days within 180 days in another Member State for official work. The same applies to holders of a Blue Card issued by another Member State.
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Long-term mobility During the first 12 months, Blue Card holders can only work in Bulgaria for the employment specified in the permit, except on secondment. After this period, they can also work in another EU Member State.
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Change of employer After the first 12 months of employment in Bulgaria, Blue Card holders can easily change their employer by applying to the Migration Directorate. If the change takes place within the first year, it is necessary to submit an application with the documents referred to in Article 33k(5)(6-8) of the HRBA.
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Health insurance Following the legislative reform of the regime of access to the labour market in Bulgaria by highly qualified professionals - third-country nationals, holders of the EU Blue Card residence and work permit are subject to compulsory health insurance in Bulgaria from the date of issue.
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Telework Amendments to the Labour Migration and Labour Mobility Act provide that Blue Card holders may work remotely if this is agreed in the employment contract or a supplementary agreement under the Labour Code.
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