Finding personnel is a pressing issue for Bulgarian employers, regardless of whether it concerns highly qualified or non-qualified employees. Besides the changed regulatory framework in connection with the so-called “EU Blue Card,” the Law on Foreigners in the Republic of Bulgaria and the Law on Labour Migration and Labour Mobility provide Bulgarian employers with the opportunity to seek suitable employees abroad through the issuance of a “Single Residence and Work Permit.”
I. Which workers are eligible for a “Single Residence and Work Permit”?
Foreign workers must hold a long-term stay visa or a residence permit, and they may also be located on the territory of Bulgaria during the application for the permit. An important condition is that the third-country national must possess specialized knowledge, skills, and professional experience required for the respective position. This circumstance must be supported by appropriate documentation. In addition to the above, the foreign worker must have secured accommodation, health insurance, and provide other documents that should be attached to the application.
II. What should we do to hire a foreign worker?
In order to hire foreign workers, the employer must meet the following conditions:
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the total number of third-country nationals with authorized long-term residence working for the local employer in the previous 12 months does not exceed 20 per cent of the average headcount of employees under an employment relationship, and for small and medium-sized enterprises – 35 per cent;
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the offered working conditions and remuneration are not less favourable than the conditions for Bulgarian citizens for the respective category of labour;
After fulfilling these conditions, the employer must justify the requested access to the labour market by:
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stating the facts and circumstances necessitating the hiring of a foreign worker;
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presenting copies of advertisements in local and national mass media and the internet;
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providing a rationale for their refusal to hire 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, or a person under Art. 9, par. 1, items 2 – 6 of the Law on Labour Migration and Labour Mobility, who meets the requirements specified in the advertisement;
In practice, the employer must prove to the migration authorities that they have searched but failed to find an employee who meets their needs, and that this specific foreign employee meets the requirements for the position.
III. What is the administrative procedure and how long does it take?
The application is reviewed by the “Migration” Directorate at the Ministry of Interior, which notifies the State Agency for National Security and the Employment Agency, which may request clarifications on the application. After receiving a positive opinion from these two institutions, a “Single Residence and Work Permit” may be issued. The duration of the procedure is up to two months, but in case of particular factual and legal complexity, it may be extended by the same period.
Specialists from “Velinov and Partners” Consulting House can assist if you wish to initiate a procedure for hiring foreign workers. We will be happy to share our experience and expertise to help you.
Author: Ivan Fregulya
