Basic requirements
A long-term residence and work permit of the "EU Blue Card" type is issued to foreigners who meet the conditions for exercising highly qualified employment.
"High-skilled employment" represents the employment of a person who possesses high professional qualifications, expressed in:
– Higher educationwhich is 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, conducted by an educational institution recognised as a higher education institution by the State concerned, or
- For individuals holding positions 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 contract of employment, or
- For individuals occupying positions outside the list approved by order of the Minister of Labour and Social Policy - knowledge, skills and competences that are attested by an official documentissued by a competent authority, of at least 5 years' professional experience at a level comparable to higher education and relevant to the post or sector specified in the contract of employment.
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:
- The gross salary stated in the employment contract of the worker - a third-country national, must be at least 1.5 times higher than the average salary in the Republic of Bulgaria according to the published data from the National Statistical Institute (NSI) for a period of 12 months prior to the conclusion of the employment contract;
- The duration of the employment contract must not be shorter than 6 months (not 12 months as before the amendments);
– The total number of third-country nationals with long-term residence permits working for the local employer in the previous 12 months shall not exceed 20 % of the average number of contracted staff, and for small and medium-sized enterprises within the meaning of Art. 1(1) of the Small and Medium-sized Enterprises Act - 35 %;
- Working conditions and pay offered should not be less favourable of the conditions for Bulgarian nationals for the relevant category of work;
According to the Law on Foreigners in the Republic of Bulgaria, the EU Blue Card type of long-term residence and work permit can be issued for a period of up to 5 years but not less than 24 months. Когато срокът на трудовия договор е по-кратък от 24 месеца, разрешението се издава за срока на договора, удължен с три месеца, но за максимален срок от 24 месеца.
Procedure and necessary documents
The EU Blue Card procedure is initiated on the basis of заявление, което се подава в дирекция „Миграция“ или при областните дирекции на МВР by the employer, but possibly also in person by the applicant employee in cases where he/she has a long-term residence permit.
The application shall be accompanied by a set of the following documents:
- Copy of passport or alternative document;
– Свидетелство за съдимост, издадено от държавата, чийто гражданин е чужденецът, или от държавата на обичайното му пребиваване;
- Proof of accommodation - rental contract and notarized declaration from the owner providing the residence address;
- Justification from the employer, which states in detail and in a reasoned manner the facts and circumstances necessitating the employment of a foreign employee instead of a Bulgarian citizen;
– Документи за образование, специалност, правоспособност, професионална квалификация и опит, легализирани и придружени със заверен превод на български език;
- Employer's declarations for foreign employees and Bulgarian citizens;
- A declaration from the employer that the working and pay conditions are respected and are not less favourable than those for Bulgarian nationals;
- A copy of a fixed-term employment contract, certified by the employer, concluded under the terms of Bulgarian law, effective from the date of issue of the EU Blue Card long-term residence and work permit.
- A copy of the job description where it is an integral part of the contract;
- Document that the conditions for exercising a profession included in the List of regulated professions in Bulgaria have been met;
The procedure for the issuance of an EU Blue Card long-stay residence and work permit can be divided into three main stages:
1. Access to the labour market
The "Migration" Directorate carries out a verification of the submitted documents, and in case of lack of a document, as well as in case of the need to provide additional documents, notifies the applicant electronically of these circumstances and sets a 10-day deadline for the provision of the documents. Within 10 days of the initiation of the procedure, the Migration Directorate shall send the application, together with the attached documents, to the Employment Agency and the State Agency for National Security.
After carrying out an official inquiry in order to collect the necessary information on the employer, the Executive Director of the Employment Agency shall send a written opinion on the existence or absence of a justification for the exercise of highly qualified employment to the Migration Directorate within ten days. a written opinion on the existence or otherwise for the pursuit of highly qualified employment within a ten-day period.
The "Migration" Directorate sends the applicant a notice by electronic means within three days from the receipt of positive opinions stating that there are grounds for the foreigner to exercise highly qualified employment.
2. Applying for a Visa "D"
After obtaining the permit for access to the labour market, the employer shall notify the foreigner of the positive opinion and within 20 days the applicant shall подаде заявление за издаване на виза по чл. 15, ал. 1 от ЗЧРБ (виза за дългосрочно пребиваване тип „Д“). В случаите на отказ за издаване на виза по чл. 15, ал. 1 дирекция „Консулски отношения“ при Министерството на външните работи уведомява дирекция „Миграция“.
3. Finalisation of the procedure after arrival in Bulgaria
След получаване на виза, чужденецът влиза в страната като в 7-дневен срок трябва да се яви лично в дирекция „Миграция“ или в отдел/сектор/група „Миграция“ при областните дирекции на МВР и да представи копие от паспорта си, съдържащо страницата с положената виза. В срок до три дни от представянето на документите директорът на дирекция „Миграция“ или оправомощено от него длъжностно лице издава или отказва издаването на разрешение за продължително пребиваване и работа тип „Синя карта на ЕС“. След издаване на разрешението се издава документ съгласно изискванията на Регламент (ЕО) № 1030/2002, като в полето „тип разрешение“ се отбелязва „Синя карта на ЕС“.
Within 7 days from the effective commencement of the employment of the foreigners, the employer is obliged to notify the relevant territorial directorate of the Executive Labour Inspection Agency by filling in the forms published on the official website of the Executive Labour Inspection Agency.
What rights do EU Blue Card holders have?
Short-term mobility (secondment)
Holders of an EU Blue Card issued in Bulgaria have the possibility to enter and reside on the territory of a Member State of the European Union for up to 90 days within a period of 180 days for the purpose of carrying out specific work. A similar right is granted to holders of an EU Blue Card issued by another Member State.
Long-term mobility
During the first 12 months, Blue Card holders may exercise highly qualified employment for which they have been issued a residence and work permit, only on the territory of Bulgaria, with the clarification that this restriction does not apply in cases of secondment. After this period, it is possible to carry out employment in another EU Member State.
Change of employer
After the expiry of the 12-month period during which the employee has to work only in Bulgaria, Blue Card holders can change their employer under a significantly simplified procedure. For this purpose, it is sufficient for the new employer to submit an application to the Migration Directorate electronically or on paper.
In case of a change of employer during the first 12 months of highly qualified employment, the foreigner or the new employer should submit to the Migration Directorate an application accompanied by the documents exhaustively listed in Article 33k(5)(6-8) of the HRBA.
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.
Telework
Legal amendments to the Labor Migration and Labor Mobility Act explicitly provide for the right of Blue Card holders to perform their work duties remotely, if this is agreed upon in the foreigner's employment contract or in an additional agreement thereto under the terms and conditions set forth in the Labor Code.
The changes that were introduced in the regime of highly qualified employment of foreigners are undoubtedly an important step towards achieving a more accelerated and flexible order for attracting missing specialists to the country, but a number of difficulties and requirements still exist. In this context, proactive communication between the participants in the process and good knowledge of the applicable rules are of decisive importance for the effective conduct of the procedure for applying and issuing a Blue Card in Bulgaria.
The team of the Law Firm "Vatev & Partners" has significant practical experience in the procedures for issuing a permit for access to the labor market for third-country nationals. The material is of an informative nature and does not constitute a legal opinion or legal advice. If you need consultations or additional information in connection with the issues discussed, you can contact us on other contact channels of Vatev & Partners Law Office.