Types of work permits for foreigners in the Republic of Bulgaria

The residence and work permit type "EU Blue Card" is issued by the Ministry of Interior in accordance with Article 33k of the Foreigners in the Republic of Bulgaria Act. It includes the positive written opinion provided by the Executive Director of the Employment Agency for access to the Bulgarian labour market.

The procedure for issuing an "EU Blue Card" complies with Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. The "EU Blue Card" is issued to third-country nationals applying for a residence permit for the purpose of work. These are individuals employed to engage in highly qualified employment under an employment contract as defined in the Labour Code.

"Highly qualified employment" means employment of a person who possesses a high professional qualification evidenced by:

- higher education qualifications, evidenced by a diploma, certificate, or other official document issued by an institution of higher education following a course of study of not less than three academic years

- knowledge, skills, and competencies evidenced by an official document issued by a competent authority for at least five years of professional experience at a level comparable to that of higher education qualifications and related to the positions or sectors specified in the employment contract.

The permit for long-term residence and work type "EU Blue Card" is issued for a period of up to five years, but not less than two years.

Access to the labour market is granted for positions for which Bulgarian citizenship is not required.

The application for the permit is submitted to the "Migration" directorate or the 'Migration' department at the regional directorates of the Ministry of Interior by the employer or a person authorised by them.

The residence and work permit type "seasonal worker permit" is issued by the Ministry of Interior in accordance with Article 24k, paragraph 1 of the Foreigners in the Republic of Bulgaria Act. It includes the positive written opinion provided by the Executive Director of the Employment Agency for access to the Bulgarian labour market. The procedure for issuing a "seasonal worker permit" is in accordance with Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers.

The permit is issued to third-country nationals applying for a residence permit for the purpose of seasonal work from 90 days to 9 months within any period of 12 months. These are individuals employed under an employment contract as defined in the Labour Code.

A "seasonal worker" is a third-country national who retains their main place of residence in a third country and resides legally and temporarily on the territory of the Republic of Bulgaria to carry out seasonal work based on one or more fixed-term employment contracts directly with an employer whose seat is in the Republic of Bulgaria.

"Seasonal work" as defined by the Labour Migration and Labour Mobility Act is employment that depends on the change of seasons and is related to a specific time of the year through a recurring event or series of events connected to seasonal conditions, where the need for labour is significantly greater than for ordinary ongoing jobs.

When applying for the permit, the foreign national must reside outside the territory of the Republic of Bulgaria.

The permit is issued for the duration of the employment contract, but not less than 90 days and not more than 9 months within any 12-month period.

To issue the permit, the employer or their authorised representative must submit a written application to the Migration Directorate or to the Migration Department at the regional directorates of the Ministry of the Interior.

"Seasonal worker" is allowed only in the sectors of:

• agriculture
• catering
• hotel industry
• aquaculture
• forestry

The residence and work permit type "permit for an intra-corporate transferee" is issued by the Ministry of the Interior in accordance with Article 33p of the Foreigners in the Republic of Bulgaria Act. It includes a positive written opinion on access to the Bulgarian labour market provided by the Executive Director of the Employment Agency.

The permit is issued to third-country nationals who apply for a residence permit for the purposes of an intra-corporate transfer.

An "intra-corporate transfer" according to the Labour Migration and Labour Mobility Act is the temporary relocation for work or training of a foreign worker from a third country, by an enterprise with its headquarters or management address outside the territory of the Republic of Bulgaria, with which the foreigner has an employment contract, to a division of the enterprise or to an enterprise belonging to the same group of companies, with its headquarters or management address on the territory of the Republic of Bulgaria.

The procedure for issuing a "permit for an intra-corporate transferee" is in accordance with Directive 2014/66/EU on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer.

The permit is issued for a period of one year and is renewable under the conditions of Article 33p of the Foreigners in the Republic of Bulgaria Act.

Individuals transferred under an intra-corporate transfer can perform work activities on the territory of the Republic of Bulgaria only for a specific host company or group of companies, which have applied to the Employment Agency for this purpose.

The procedure covers only individuals transferred under an intra-corporate transfer in their capacity as managers, specialists, or trainee employees.

The application for issuing a "permit for an intra-corporate transferee" is submitted to the Migration Directorate or to the Migration Department at the regional directorates of the Ministry of the Interior by the employer or an authorised person.

The "Work Permit" document for seconded workers from third countries is issued by the Executive Director of the Employment Agency at the request of the local entity employing the seconded or sent worker from a third country, based on which the Ministry of the Interior issues a long-term residence permit in accordance with Article 24, paragraph 1, item 1 of the Foreigners in the Republic of Bulgaria Act.

A seconded or sent worker, or employee within the provision of services as defined by the Labour Migration and Labour Mobility Act, is a worker, a citizen of a third country, who performs work on the territory of the Republic of Bulgaria for a certain period, defined in the employment contract with an employer whose seat is on the territory of another EU member-state or a third country.

A local entity that has employed seconded or sent workers or employees as defined by the Labour Migration and Labour Mobility Act is an entity conducting activity on the territory of the Republic of Bulgaria, registered under the Bulgarian legislation or the legislation of another EU member-state, the European Economic Community, or the Swiss Confederation, which uses the services of a seconded or sent worker or employee from EU member-states or third countries for its activities.

Seconded or sent workers and employees – citizens of third countries perform work activities on the territory of the Republic of Bulgaria only for a specific undertaking, which has applied to the Employment Agency for this purpose.

The "Permission for conducting freelance activities" document is issued by the Executive Director of the Employment Agency at the request of a third-country national, based on which the Ministry of the Interior issues a long-term residence permit in accordance with Article 24a of the Foreigners in the Republic of Bulgaria Act.

"Freelance activity" is any economic activity carried out in a personal capacity, without commitment to an employer. Permission for conducting freelance activities by third-country nationals on the territory of the Republic of Bulgaria is granted for positions for which Bulgarian citizenship is not required.

In accordance with the condition, development, and public interests of the Bulgarian labour market for engaging in freelance activities, it must be proven that the activity has an economic or social effect.

Citizens of third countries who are of Bulgarian origin and legally reside in the territory of the Republic of Bulgaria can engage in employment on the territory of the Republic of Bulgaria without a work permit and after registration with the Employment Agency until they receive permission for permanent residence in the territory of the Republic of Bulgaria.

A "person of Bulgarian origin" is an individual who has at least one Bulgarian ascendant.

Registration is carried out under the following conditions:

- the third-country national is of Bulgarian origin and possesses documents certifying their Bulgarian origin in accordance with the Law on Bulgarians Living Outside the Republic of Bulgaria.

- the foreigner has an employment contract, concluded under the conditions of the Bulgarian legislation with a local employer, for a minimum period of six months, according to Article 11, Paragraph 5 of the Regulation for the implementation of the Law on Foreigners in the Republic of Bulgaria.

The procedure for issuing a work permit in the Republic of Bulgaria is complex and lengthy, which requires a detailed understanding of the regulatory framework in the field of employment (both Bulgarian regulation and the regulatory framework of the European Union in this area), as well as case law.

For example, different documents are required for different codes, for the respective professions according to the National Classification of Occupations and Positions for participation in the work permit procedure in the Republic of Bulgaria.