“EU Blue Card” - Employment of highly qualified specialists from third countries

As an EU member state, Bulgaria allows easier access to the Bulgarian labor market for European citizens, but there are still several restrictions for non-EU citizens. For example, a highly qualified Turkish citizen can start working in Bulgaria, but for this purpose it is necessary to go through the procedure for obtaining the so-called "EU Blue Card". 

In this article, we will explain what advantages the EU Blue Card holders could benefit from and what are the legal requirements to be met by both the Bulgarian employer and the foreign employee.

Basic requirements

The long-term residence and work permit called "EU Blue Card" is granted to foreign nationals who fulfill the requirements for engaging in highly qualified employment.

"Highly qualified employment" means the employment of a person who possesses high professional qualifications, which is expressed in:

- Higher education, which 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 recognized 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 Labor 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 Labor and Social Policy - knowledge, skills and competences that are attested by an official document issued 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.

Significant legislative amendments on the conditions and procedures for obtaining an EU Blue Card, effective from the end of January 2023, have established the opportunity for foreign employees to prove their high qualifications not solely through a higher education diploma but also via documentation demonstrating 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 (it was 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 the Small and Medium-sized Enterprises Act - 35 %;

- Working conditions and pay offered should not be less favorable 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 can be issued for a period of up to 5 years but not less than 24 months. Where the duration of the employment contract is less than 24 months, the authorization shall be granted for the duration of the contract, extended by three months, but for a maximum period of 24 months.

Procedure and necessary documents

The EU Blue Card procedure is initiated based on an application submitted to the Migration Directorate or to the regional directorates of the Ministry of Interior 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 needs to be accompanied by a set of the following documents:

- Copy of passport or alternative document;

- A criminal record certificate issued by the country of nationality or the country of habitual residence;

- 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;

- Documents of education, specialty, legal capacity, professional qualification and experience, legalized and accompanied by a certified translation into Bulgarian; - 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 favorable 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.

- 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 can be divided into three main stages:

1. Access to the labor 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.

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 labor market, the employer shall notify the foreigner of the positive opinion and within 20 days the applicant shall apply for a long-stay visa type D. In cases of refusal to issue a visa, the Consular Relations Directorate of the Ministry of Foreign Affairs shall notify the Migration Directorate.

3. Finalization of the procedure after arrival in Bulgaria

After obtaining the visa, the foreigner enters the country and within 7 days must appear in person at the Migration Directorate or the regional directorates of the Ministry of Interior and present a copy of his/her passport containing the page with the visa. Within three days of the submission of the documents, the Director of the Migration Directorate or an official authorized by him/her shall issue or refuse to issue a EU Blue Card. Once the permit has been issued, a document shall be issued per the requirements of Council Regulation (EC) No 1030/2002, with 'EU Blue Card' being indicated in the 'type of permit' field.

Within 7 days from the effective commencement of the employment of foreigners, the employer is obliged to notify the relevant territorial directorate of the Executive Agency General Labour Inspectorate by filling in the forms published on the official website of the Executive Agency General Labour Inspectorate.

What rights do EU Blue Card holders have?

Business trip of EU Blue Card holders

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 first 12 months of employment the holder of an EU Blue Card can change his/her employer only by submitting a notification form on paper or electronically by the new employer.

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 listed exhaustively in the law documents.

Health insurance

Foreign nationals who have been granted a residence and work permit type EU Blue Card are subject to mandatory health insurance as from the date of obtaining the EU Blue Card holder.

Working remotely

The holder of an EU Blue Card is allowed to carry out his/her employment duties remotely if this is agreed in the foreigner’s employment contract or in an annex thereto, under the conditions and the procedure, determined in the Labour 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.

Source: Vatev & Partners Law Firm