Given the Bulgarian economy’s need for highly qualified personnel in the labour market, the National Assembly adopted amendments to the Law on Foreigners in the Republic of Bulgaria and the Law on Labour Migration and Labour Mobility, promulgated in the State Gazette, issue no. 8 of 2023. Some of the changes concern the issuance of a long-term residence and work permit type “EU Blue Card” for the purpose of highly qualified employment.
The legislative changes correspond to the regulatory acts adopted at the European Union level and aim to reduce the administrative burden related to the procedure for issuing residence permits for highly qualified foreigners who wish to develop in the Bulgarian labour market. These changes are also necessary given the need for Bulgarian employers to expand and modernise their activities, by providing them with access to personnel whose shortage in the market negatively affects the development of their business.
I. Who can benefit from the changes?
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Highly qualified foreign workers;
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Bulgarian employers who provide services requiring highly qualified personnel but cannot find such personnel in the Bulgarian labour market.
II. What are the requirements for foreigners to obtain an “EU Blue Card”?
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The foreigner holds a long-term stay visa or a permit for all types of long-term residence in the Republic of Bulgaria, or
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The foreigner meets the conditions for highly qualified employment according to Bulgarian legislation and has been granted international protection in the Republic of Bulgaria or an EU Member State, within the meaning of the Asylum and Refugees Act.
III. What is the term of the “EU Blue Card”?
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The “EU Blue Card” is issued for a period of up to 5 years, but no less than 24 months.
Employers intending to take advantage of the opportunity to hire highly qualified foreign specialists under this procedure should bear in mind that the exact duration of the permit depends on the duration of the employment contract concluded with the specialist. The Blue Card can be re-issued if the prerequisites for this exist.
The entire process of issuing an “EU Blue Card” is characterised by cooperation between the worker and the employer, who should jointly initiate the procedure and coordinate their actions.
IV. What other rights do “EU Blue Card” holders have?
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Workers holding a long-term residence permit type “EU Blue Card” have the opportunity to change their employer without losing their Blue Card. In this case, the procedure for changing employers is significantly simplified. Thus, the legislator has created conditions for competitiveness in the market not only among workers but also among employers.
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The holder of an “EU Blue Card,” after having exercised employment on the territory of Bulgaria for 12 months, may carry out employment in another EU Member State.
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The holder of an “EU Blue Card” benefits from health insurance.
V. Which is the competent authority to consider the application for a “Blue Card”?
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The Director of the “Migration” Directorate or an official authorised by him issues or refuses to issue a long-term residence and work permit type “EU Blue Card.”
For the purposes of the procedure, the Employment Agency and the State Agency for National Security provide opinions within the scope of their competence.
VI. What are the main requirements for the employer for a “Blue Card” to be issued?
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The employer must justify the circumstances that necessitate the hiring of a foreign worker, as well as the reason for not hiring a Bulgarian citizen, a citizen of another European Union Member State, a state party to the Agreement on the European Economic Area, or the Swiss Confederation.
The interested employer must justify their need for a foreign highly qualified worker. This justification is most often prepared considering the lack of workers in the labour market who have the necessary qualification to perform the job. The employer must have tried to fill the position but failed to find a person who meets the requirements for the position.
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The worker applying for a “Blue Card” must be highly qualified and provide evidence of this. To be considered that the worker has the qualities to engage in highly qualified employment, they must:
a) have acquired higher education, after training lasting no less than three academic years, conducted by an educational institution recognised as a higher education institution by the respective state; or b) professional experience at a level comparable to acquired higher education, when it concerns positions listed in the list approved by order of the Minister of Labour and Social Policy; or c) at least five years of professional experience at a level comparable to acquired higher education in all other cases.
VII. How long does the “Blue Card” issuance procedure take?
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The procedure for issuing a long-term residence and work permit type “EU Blue Card” cannot exceed three months.
Specialists from “Velinov and Partners” Consulting House can provide assistance if you wish to initiate a procedure for hiring foreign workers. We will be happy to share our experience and expertise to help you in your endeavour.
Author: Ivan Fregulya
