PROCEDURES
ON THE ACCESS OF THIRD-COUNTRY WORKERS TO THE LABOUR MARKET
The SRWP is issued by the Ministry of Interior (MoI) pursuant to Article 24i of the Foreigners in the Republic of Bulgaria Act (FRBA). It also contains a favourable written opinion on the access to the Bulgarian labour market provided by the Executive Director of the National Employment Agency.
The SRWP is issued to third-country nationals who apply for a residence permit for the purpose of employment. These are persons employed by a local employer under an employment relationship within the meaning of the Labour Code.
The procedure for issuing the SRWP is in line with Directive 2011/98/EU on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.
The SRWP is issued for a period of three years and, where the duration of the employment contract is less than three years, the permit is issued for the duration of the contract.
The required documents for issuing the SRWP are set out in Article 24i(5) of the FRBA, while the required documents for access to the labour market are set out in points 4-10 and 12.
The application, together with the attached documents, is submitted to the Migration Directorate or to the Migration department/sector/group at the Regional Directorates of the Ministry of Interior by the employer or a person authorised by them, or is signed by the employer and personally submitted by the foreign national when in possession of a long-term residence permit.
The EU Blue Card is issued by the Ministry of Interior pursuant to Article 33 of the FRBA. It also contains a favourable written opinion on the access to the Bulgarian labour market provided by the Executive Director of the National Employment Agency.
The procedure on issuing the EU Blue Card is in line 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 who apply for a residence permit for the purpose of employment. These are persons employed by a local employer for the purpose of highly qualified employment under an employment relationship within the meaning of the Labour Code.
‘Highly qualified employment’ within the meaning of the Labour Migration and Labour Mobility Act (LMLMA) means the employment of a person who possesses the necessary competence for the job - higher education, attested by a diploma, certificate or another document issued by a competent authority after training for at least three years, conducted by an educational institution recognised as a higher education institution by the respective state.
The ‘EU Blue Card’ long-term residence and work permit is issued for a period of up to 4 years. Where the duration of the employment contract is shorter, the permit is issued for the duration of the contract, extended by three months, and may be renewed if there are grounds for its reissuing.
The required documents for granting the permit for access to the labour market are set out in Article 33(5) of the FRBA, while the required documents for access to the labour market are set out in points 4-8 and 10.
The application, together with the attached documents, is submitted to the Migration Directorate or to the Migration department/sector/group at the Regional Directorates of the Ministry of Interior by the employer or a person authorised by them, or is signed by the employer and personally submitted by the foreign national when in possession of a long-term residence permit.
The ‘seasonal worker permit’ residence and work permit is issued by the Ministry of Interior pursuant to Article 24k(1) of the FRBA. It also contains a favourable written opinion on the access to the Bulgarian labour market provided by the Executive Director of the National Employment Agency.
The procedure for issuing a seasonal worker permit is in line 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 who apply for a residence permit for the purpose of seasonal work of a duration between 90 days and 9 months within any 12-month period. These are persons employed by a local employer under an employment relationship within the meaning of the Labour Code.
‘Seasonal worker’ within the meaning of the LMLMA means a third-country national who retains their principal place of residence in a third country and resides legally and temporarily on the territory of the Republic of Bulgaria in order to perform seasonal work, based on one or more fixed-term employment contracts, concluded directly with an employer, whose registered office is established in the Republic of Bulgaria.
‘Seasonal work’ within the meaning of the LMLMA means work that depends on the change of seasons and is tied to a certain time of the year by a recurring event or a series of events linked to seasonal conditions, where the need for workforce is significantly greater than for usual ongoing work.
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.
The required documents for granting the permit for access to the labour market are set out in Article 24k(8) of the FRBA, while the required documents for access to the labour market are set out in points 2-8.
For the purpose of granting the permit, the employer or a person authorised by them submits a written application to the Migration Directorate or to the Migration department/sector/group at the Regional Directorates of the Ministry of Interior.
The ICT residence and work permit is issued by the Ministry of Interior pursuant to Article 33p of the FRBA. It also contains a favourable written opinion on the access to the Bulgarian labour market provided by the Executive Director of the National Employment Agency.
The permit is issued to third-country nationals who apply for a residence permit for the purpose of intra-corporate transfer.
‘Intra-corporate transfer’ within the meaning of the LMLMA means moving temporarily a third-country worker, with the purpose of work or training, from an enterprise with a registered office or central administration outside the Republic of Bulgaria, with which the foreign national has signed an employment contract, to a division of the enterprise or to an enterprise belonging to the same group of companies with a registered office or central administration on the territory of the Republic of Bulgaria.
The procedure for issuing an intra-corporate transferee permit is in line 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 may be renewed under the terms of Article 33p of the FRBA. Where the term of the employment contract is less than one year, the permit is issued for the duration of the contract. The period of validity of the permit may be extended up to a maximum of three years for managers and specialists and one year for intern employees.
The required documents for granting the permit for access to the labour market are set out in Article 33p(6) of the FRBA, while the required documents for access to the labour market are set out in points 4-11.
The application for an ICT permit is submitted to the Migration Directorate or to the Migration department/sector/group at the Regional Directorates of the Ministry of Interior by the employer or a person authorised by them, or personally by the foreign national when in possession of a long-term residence permit.
The work permit is issued by the Executive Director of the National Employment Agency at the request of the local entity admitting to work a posted or sent third-country worker, and on that basis the Ministry of Interior also issues a long-term residence permit pursuant to Article 24(1)(1) of the FRBA.
The permit is issued to third-country nationals who are posted or sent third-country workers and employees in the context of the provision of services on the territory of the Republic of Bulgaria.
‘Posted or sent worker or employee in the context of the provision of services’ within the meaning of the LMLMA means a third-country worker who, within a specified period, carries out work on the territory of the Republic of Bulgaria, set out in an employment contract with an employer, whose registered office is in another EU Member State or in a third country.
‘Local entity who has admitted to work posted or sent workers or employees’ within the meaning of the LMLMA means an entity operating on the territory of the Republic of Bulgaria, registered under Bulgarian law or under the law of another EU Member State, EEA Member State or the Swiss Confederation, and employing the services of a posted or sent worker or employee from EU Member States or third countries in its activities.
The conditions and procedure for the admission of posted or sent third-country workers and employees to the Republic of Bulgaria in the context of the provision of services are set out in the Ordinance on the conditions and procedure for posting and sending workers and employees in the context of the provision of services.
The procedure of the National Employment Agency on granting permits for access to the labour market to foreign nationals stipulates that it must precede the start of employment of the foreign nationals concerned on the territory of the Republic of Bulgaria.
The required documents for granting the permit for access to the labour market are set out in Article 25(1) of the Implementing Rules for the LMLMA. They are submitted by the local entity admitting to work a posted or sent third-country worker to the Central Administration of the National Employment Agency at: 3 Dondukov Blvd., Sofia – 1000.
The Executive Director of the National Employment Agency takes a decision whether to grant the permit within 30 days of the submission of the application and informs the applicant in writing.
The National Employment Agency grants the permit after the fee specified in Article 41(4) of the LMLMA is paid and a document certifying the bank transfer is presented. In order to grant or extend a permit for access to the labour market to a third-country national, the employer must pay a fee of BGN 400.
The permit granted by the National Employment Agency is valid for up to one year, and may exceptionally be extended for up to 12 months if the activity requires that the duration initially declared be exceeded.
The work permit is issued by the Executive Director of the National Employment Agency at the request of an employer on the basis of a long-term residence permit issued by the Ministry of Interior pursuant to Article 24(1)(13) of the FRBA.
The permit is issued to third-country nationals who are family members pursuant to Articles 19, 33 and 37 of the Labour Migration and Labour Mobility Act and/or who have obtained a long-term residence permit pursuant to Article 24(1)(13) of the FRBA.
The required documents for granting the permit for access to the labour market are set out in Article 25(2) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Central Administration of the National Employment Agency at: 3 Dondukov Blvd., Sofia – 1000.
The National Employment Agency grants the permit after the fee specified in Article 41(4) of the LMLMA is paid and a document certifying the bank transfer is presented. In order to grant or extend a permit for access to the labour market to a third-country national, the employer must pay a fee of BGN 400.
The permit granted by the National Employment Agency is valid for up to one year and may be extended if the conditions for its initial granting are still valid.
The permit for freelance activity is issued by the Executive Director of the National Employment Agency at the request of a third-country national, and on that basis the Ministry of Interior also issues a long-term residence permit pursuant to Article 24a of the FRBA.
The permit is issued to third-country nationals wishing to pursue freelance activity on the territory of the Republic of Bulgaria.
‘Freelance activity’ means any economic activity carried out in a personal capacity, with no commitment to an employer, with the exception of the activities referred to in Article 24(1)(2) of the FRBA (foreign nationals carrying out commercial activities in accordance with the rules laid down in the law).
The procedure on granting permits for freelance activity stipulates that it must precede the start of activities of the foreign nationals concerned on the territory of the Republic of Bulgaria.
The required documents for granting the permit for access to the labour market are set out in Article 28(1) of the Implementing Rules for the LMLMA. They shall be submitted by the third-country national or a person authorised by them to the Central Administration of the National Employment Agency at: 3 Dondukov Blvd., Sofia – 1000.
The Executive Director of the National Employment Agency takes a decision whether to grant the permit within 30 days of the submission of the application and informs the applicant in writing.
The National Employment Agency grants the permit after the fee specified in Article 45(3) of the LMLMA is paid and a document certifying the bank transfer is presented. In order to grant or extend a permit for access to the labour market to a third-country national, a fee of BGN 400 must be paid.
The permit granted by the National Employment Agency is valid for up to one year and may be extended if the conditions for its initial granting are still valid.
The subject matter of the activity pursued may not be changed for the duration of the initially granted permit for freelance activity.
Registering with the National Employment Agency is required for the purpose of seasonal work for up to 90 continuous days within any 12-month period on the basis of a declaration submitted by the employer and subject to the requirement of Article 24l of the FRBA that the foreign national hold a valid visa for the purpose of seasonal work, if applicable.
Registering the employment with the National Employment Agency is also required where the foreign national is exempt from the visa requirement in accordance with Annex II to Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement.
The registration procedure for seasonal work for up to 90 days is in line 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 registration for seasonal work is subject to the following conditions:
The up-to-date list has been approved by Order RD-01-47/17.01.2017 of the Minister of Labour and Social Policy and includes two sectors: agriculture, forestry and fishing; hospitality sector.
The required documents for the registration of employment are set out in Article 32(1) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Central Administration of the National Employment Agency at: 3 Dondukov Blvd., Sofia – 1000.
In order to make it easier for employers wishing to hire foreign nationals for seasonal employment of up to 90 days, the required documents may be submitted at the offices of the Regional Employment Services in Sofia, Burgas, Varna, Plovdiv and Blagoevgrad, as well as the Labour Office Directorates in Samokov, Smolyan and Razlog.
The registration of seasonal employment of up to 90 continuous days within any 12-month period takes place within 10 days of the submission of the declaration for seasonal work, confirmed through an endorsement of the declaration by the Executive Director of the National Employment Agency, and a certified copy is returned to the applicant.
The maximum permissible duration of employment registered with the National Employment Agency is up to 90 days. The legislation does not provide for a possibility to change and/or extend the period of seasonal employment registered with the National Employment Agency pursuant to Article 24(2) of the LMLMA.
Third-country workers posted to the Republic of Bulgaria by their foreign employer for up to three months within a 12-month period may perform certain tasks without a work permit, subject to a one-off registration of employment with the National Employment Agency.
Where the tasks concern supervision and coordination of the implementation of a contract for tourist services between a foreign tour operator and a Bulgarian tour or hotel operator, the National Employment Agency carries out a one-off registration of employment of the third-country nationals posted to the Republic of Bulgaria by their foreign employer for up to six months within a 12-month period.
Registering with the National Employment Agency is carried out for third-country nationals who are workers/employees posted or sent by their foreign employer in the context of the provision of services on the territory of the Republic of Bulgaria.
The conditions and procedure for the admission of posted or sent third-country workers and employees to the Republic of Bulgaria in the context of the provision of services are set out in the Ordinance on the conditions and procedure for posting and sending workers and employees in the context of the provision of services.
Posted or sent third-country workers and employees pursue an employment activity on the territory of the Republic of Bulgaria only for the specific host company which submits a declaration to the National Employment Agency for that purpose.
The procedure of the National Employment Agency stipulates that the registration of employment must precede the start of employment of the foreign nationals concerned on the territory of the Republic of Bulgaria.
The registration of employment of posted third-country workers takes place within 10 days of the submission of the declaration for short-term employment, confirmed through an endorsement of the declaration by the Executive Director of the National Employment Agency, and a certified copy is returned to the applicant.
The maximum permissible duration of registered employment is up to three months (for the cases referred to in Article 9(3) of the LMLMA) or up to six months (for the cases referred to in Article 9(4) of the LMLMA). The legislation does not provide for a possibility to change and/or extend the period of employment registered with the National Employment Agency pursuant to Article 9(3) or (4) of the LMLMA.
Third-country nationals of Bulgarian descent who legally reside on the territory of the Republic of Bulgaria may pursue an employment activity on the territory of the Republic of Bulgaria without a work permit, subject to registering with the National Employment Agency, until they obtain a permanent residence permit on the territory of the Republic of Bulgaria.
‘Person of Bulgarian descent’ is a person within the meaning of § 1(6) of the Additional Provisions to the FRBA (a person at least of whose parents is Bulgarian).
The registration of employment is subject to the following conditions:
The required documents for the registration of employment are set out in Article 30a(1) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Central Administration of the National Employment Agency at: 3 Dondukov Blvd., Sofia – 1000.
The registration of employment of persons of Bulgarian descent takes place within 7 days of the submission of the declaration, confirmed through an endorsement of the declaration by the Executive Director of the National Employment Agency, and a certified copy is returned to the applicant.
Third-country nationals residing on the territory of the Republic of Bulgaria pursuant to Article 24b(1), (7) and (12) of the FRBA (as researchers who have entered into a contract with a research organisation to carry out research in the framework of a research project on the territory of the Republic of Bulgaria, as well as subject to the conditions of mobility within the EU) may pursue an employment activity, including academic activities, on the territory of the Republic of Bulgaria without a work permit, subject to registering with the National Employment Agency for the duration of the project.
Under the LMLMA a ‘researcher’ is a third-country national holding a PhD or the necessary higher education degree for access to PhD programmes, who has been selected by a research organisation for the development of a research project and admitted on the territory of the Republic of Bulgaria to carry out research activities on the basis of the relevant qualifications.
The registration of employment is carried out by the host research organisation based in the Republic of Bulgaria.
The registration of employment is subject to the following conditions:
The required documents for the registration of employment are set out in Article 33(1) of the Implementing Rules for the LMLMA. They are submitted by the host research organisation to the Labour Office Directorate where the place of work is located.
The registration of employment of researchers takes place within 7 days of the submission of the declaration, confirmed through an endorsement of the declaration by the director of the Labour Office Directorate, and a certified copy is returned to the applicant.
Third-country nationals residing on the territory of the Republic of Bulgaria pursuant to Article 24c(1) of the FRBA (as full-time students at higher education institutions in the Republic of Bulgaria) may pursue an employment activity on the territory of the Republic of Bulgaria without a work permit, subject to registering with the National Employment Agency for the duration of the authorised stay.
Under the LMLMA a ‘student’ is a third-country national within the meaning of Article 66(2) and (3) of the Higher Education Act, who is undergoing training on a full-time basis, which may include a prior preparatory course and/or a compulsory internship. A student status is acquired upon enrolling at a higher education institution and is revoked upon leaving, as well as during a suspension imposed by the higher education institution.
Registering the employment is carried out for third-country nationals who are students and are employed under an employment relationship within the meaning of the Labour Code by a local employer who has submitted a declaration to the National Employment Agency for that purpose.
The registration of employment is subject to the following conditions:
The required documents for the registration of employment are set out in Article 34(1) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Labour Office Directorate where the place of work is located.
The registration of employment of students takes place within 7 days of the submission of the declaration, confirmed through an endorsement of the declaration by the director of the Labour Office Directorate, and a certified copy is returned to the applicant.
Third-country nationals residing on the territory of the Republic of Bulgaria pursuant to Article 24c(11) of the FRBA (as interns under an employment contract containing a clause for internship with a local employer) may pursue an employment activity on the territory of the Republic of Bulgaria without a work permit, subject to registering with the National Employment Agency for the duration of the internship and the authorised stay.
Under the Labour Migration and Labour Mobility Act an ‘intern’ means a third-country national who has obtained a higher education degree or is enrolled in a higher education course in a third country and who has been admitted on the territory of the Republic of Bulgaria under an internship programme in order to acquire knowledge, practical skills and experience in a professional environment.
‘Employment contract containing a clause for internship’ is the contract referred to in Article 233b of the Labour Code.
Registering the employment is carried out for third-country nationals who have been admitted as interns and are employed under an employment relationship within the meaning of the Labour Code by a local employer who has submitted a declaration to the National Employment Agency for that purpose.
The registration of employment is subject to the following conditions:
The required documents for the registration of employment are set out in Article 34a(1) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Labour Office Directorate where the place of work is located.
The registration of employment of interns takes place within 7 days of the submission of the declaration, confirmed through an endorsement of the declaration by the director of the Labour Office Directorate, and a certified copy is returned to the applicant.
The employer declares the employment of the following persons to the Labour Office Directorate where the place of work is located:
Third-country nationals residing on the territory of
the Republic of Bulgaria as family members of:
may pursue an employment activity on the territory of the Republic of Bulgaria without a work permit, subject to declaring the employment to the National Employment Agency for the duration of the authorised stay.
The declaration of employment is subject to the following conditions:
The required documents for declaring the employment are set out in Article 36(1) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Labour Office Directorate where the place of work is located.
The declaration of employment is done by the employer within 7 days of the start of employment, confirmed through an endorsement of the declaration with a registration number by the Labour Office Directorate, and a certified copy is returned to the applicant.
Third-country nationals who have applied for international protection, where the procedure has not been completed within three months of submitting the application due to reasons beyond their control, have the right to access the labour market and pursue an employment activity on the territory of the Republic of Bulgaria without a work permit, subject to declaring the employment to the National Employment Agency, until the procedure under the Asylum and Refugees Act (ARA) is finalised.
The declaration of employment is done by a local employer who has employed third-country nationals enjoying rights under Article 29(3) of the ARA under an employment relationship within the meaning of the Labour Code.
The declaration of employment is subject to the following conditions:
The required documents for declaring the employment are set out in Article 36(2) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Labour Office Directorate where the place of work is located.
The declaration of employment is done by the employer within 7 days of the start of employment, confirmed through an endorsement of the declaration with a registration number by the Labour Office Directorate, and a certified copy is returned to the applicant.
Third-country nationals who have been issued expulsion orders and the expulsion has not taken place one year after the order was issued, have the right to access the labour market and may pursue an employment activity on the territory of the Republic of Bulgaria without a work permit, subject to declaring the employment to the National Employment Agency, until the expulsion takes place.
The declaration of employment is done by a local employer who has employed third-country nationals enjoying rights under Article 44a(4) of the FRBA under an employment relationship within the meaning of the Labour Code.
The declaration of employment is subject to the following conditions:
The required documents for declaring the employment are set out in Article 36(3) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Labour Office Directorate where the place of work is located.
The declaration of employment is done by the employer within 7 days of the start of employment, confirmed through an endorsement of the declaration with a registration number by the Labour Office Directorate, and a certified copy is returned to the applicant.
Third-country nationals who are victims of trafficking in human beings and who have been granted a status of special protection under the Combating Trafficking in Human Beings Act have the right to access the labour market and may pursue an employment activity on the territory of the Republic of Bulgaria without a work permit, subject to declaring the employment to the National Employment Agency, for the duration of the authorised long-term stay on the territory of the Republic of Bulgaria.
The declaration of employment is done by a local employer who has employed third-country nationals enjoying rights under Article 25 of the Combating Trafficking in Human Beings Act under an employment relationship within the meaning of the Labour Code.
The declaration of employment is subject to the following conditions:
The required documents for declaring the employment are set out in Article 36(4) of the Implementing Rules for the LMLMA. They are submitted by the employer to the Labour Office Directorate where the place of work is located.
The declaration of employment is done by the employer within 7 days of the start of employment, confirmed through an endorsement of the declaration with a registration number by the Labour Office Directorate, and a certified copy is returned to the applicant.
