This article discusses in detail the new regulation on the application procedure for the issue of a work permit for third-country nationals (hereinafter referred to in the article as "work permit") in Bulgaria. The relevant legislation in this regard is Directive 2011/98/EU on the 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, Foreigners in the Republic of Bulgaria Act (FRBA) and the Regulations for Application of the Foreigners in the Republic of Bulgaria Act (RAFRBA), the Labour Migration and Labour Mobility Act (LMLMA) and the Regulations for Application of the Labour Migration and Labour Mobility Act  (RALMLMA).

As of 01.06.2021, the Bulgarian Ministry of the Interior will issue the work permit for Bulgaria in accordance with Art. 24i FRBA, whereby the Employment Agency will only provide a written statement on the requirements of the LMLMA and the RALMLMA. If the Bulgarian Employment Agency gives a positive statement, the Ministry of the Interior issues the work permit. This is issued to third-country nationals for the purpose of employment. These are persons who work in the context of labour relationship within the meaning of the Bulgarian Labour Code with an employer established on the territory of the Republic of Bulgaria.

The maximum period of validity of the work permit is three years and if the employment relationship is for a shorter term, the permit is issued for the duration of the employment relationship.

I. Conditions for the issue of the work permit

1. The access to the labour market shall be granted for positions for which the law does not require Bulgarian nationality and provided that the total proportion of third-country nationals employed by the employer in the last 12 months does not exceed 20 % of the average number of employees and 35% in the case of small and medium-sized enterprises in accordance with Article 3(1)1. of the Small and Medium-Sized Enterprises Act (SMSA).
2. The working conditions, including remuneration, of these workers must not be less favourable than those of Bulgarian nationals in the same employment category.
3. The applicant must have the knowledge, skills and professional experience required for this position.

II. Procedure

1. The procedure for access to the labour market
As a result of the changes as of 01.06.2021, the application for the issue of the work permit must be submitted to the Bulgarian Migration Directorate or the Department/Centre/Group for Migration at the District Directorates of the Ministry of the Interior by the employer or his authorised representative or by the foreigner himself, if he has a residence permit, by having the application also signed by the employer. The amendments that have become legally effective as of 01.06.2021 entitle the Department/Agency/Group for Migration to initiate an examination in case of reasonable doubt that the foreigner will not reside at the given address, whereas the examination report is enclosed to the application.

The application must be accompanied by a number of documents, some of which we pay particular attention to here:

1. Informal justification of the employer – the employer shall informally state his justification as to why he wishes to employ this particular employee and for what reasons he does not wish to or cannot employ a Bulgarian national or foreigner with equal rights for the relevant profession who meets the requirements stated in the job advertisement. Job advertisements in national and international mass media and the Internet shall be enclosed as proof.
2. Diplomas, certificates, professional qualifications, vocational qualifications and professional experience of the third-country national corresponding to the requirements for the position indicated by the employer in the job ad;
3. Еvidence of the professional skills and experience of the foreigner – employment certificates;
4. Criminal record
5. Evidence of secure accommodation - this should also take into account any examination that may be made as to whether the foreigner will actually reside at the address given;
6. A declaration by the employer that the requirements for the working conditions and remuneration have been fulfilled and that they are not less favourable than the conditions for Bulgarian nationals for the relevant category of work;
7. Other documents, if any, required under Bulgarian law for the position indicated by the employer.

A particular feature of the single work permit, as opposed to the EU Blue Card work permit, is that the former requires the employer to have carried out a labour market survey for at least 15 days before submitting the documents. Within this period, the employer is required to have made efforts to find an employee for the vacant position - a Bulgarian citizen or a person who has the employment rights of a Bulgarian citizen but has not been able to find one. Only under these circumstances may the employer proceed to recruit a third-country national.

The Migration Directorate checks the documents, and need to provide additional documents, notifies the applicant electronically of these circumstances and sets a 7-day term for submission of documents.

The Migration Directorate shall send the application with all documents electronically to the State Agency for National Security, which shall send a written statement under Art. 41, para. 1, item 2 of the State Agency "National Security" Act, when the person is on the territory of the country, and in the cases of art. 33k, para. 13 of the FRBA - within 10 days after giving an opinion on the visa application under Art. 15, para. 1 of the FRBA

Within 15 days of receipt of the application and the documents by the Employment Agency, it shall send to the Migration Directorate a written opinion on the presence or absence of grounds for granting access to the labour market.

For each application, the Employment Agency collects ex officio information about the data on the employer, and in connection with the provision of the written opinion, the Employment Agency ex officio requests information from:

• The National Revenue Agency for the existence of obligations of the employer according to Art. 87, para. 11 of the Tax-Insurance Procedure Code;
• Executive Agency "General Labour Inspectorate" for entered into force penal decrees for violations referred to in Art. 11 LMLMA.

When the application is submitted by the employer or a person authorized by the latter, the Migration Directorate sends an electronic message to the employer within three days of receiving positive opinions, stating that the foreigner has grounds for exercising highly qualified employment. The announcement is also sent to the Consular Relations Directorate at the Ministry of Foreign Affairs.

The employer shall notify the foreigner of the notification, and within 20 days from the date of sending the notification to the employer, the foreigner shall take action to apply for a visa under Art. 1 of the HRBA. In cases of refusal to issue the visa, the Consular Relations Directorate of the Ministry of Foreign Affairs shall notify the Migration Directorate and the State Agency for National Security.

2. Type D visa
After the issue of positive statements by the competent authorities and the notification from the employer to the foreigner, the submission of documents for the issuance of a visa under Art. 1 of the HRBA (D visa). Within 14 days of entry into Bulgaria, the foreigner must personally attach to the application a copy of the page of his/her passport containing the visa.

3. Executive Labour Inspection Agency
Within 7 days of the actual commencement of employment of foreigners, employers are obliged to notify the relevant territorial directorate of the Executive Labour Inspection Agency by filling in special forms published on the official website of the Executive Labour Inspection Agency.

The Executive Agency “General Labour Inspectorate” carries out specialized control activities in connection with the employment of foreigners on the territory of the Republic of Bulgaria, within the framework of which the control bodies have the right to visit all establishments where work is carried out, as well as to request personal documents, including from foreigners residing and working there.

III. Particularities

1. The employer shall notify the Migration Directorate of any change that affects the criteria for the appointment of employees to the respective position that occurred in the course of the application procedure and for the termination of the employment relationship with the foreigner within three days from the date of the change or termination of the employment relationship;
2. As of 9^th of July 2021, amendments to Article 60 of the HRBA have come into force, according to which, when submitting documents for application for a work permit, the employer or a person authorized by him/her or the foreigner shall appear in person at the Migration Directorate or at the Migration Department/Sector/Group at the regional directorates of the Ministry of Interior.