Foreign nationals may work under an employment relationship in the Republic of Bulgaria only after obtaining a work permit in accordance with the requirements established by law, an act of the Council of Ministers, or an international treaty to which the Republic of Bulgaria is a party. The work permit is issued by a specialized state authority upon request by an employer local to Bulgaria. This procedure applies solely to persons who are not citizens of a European Union member state, or a country party to the Agreement on the European Economic Area, or the Swiss Confederation, for whom a different procedure applies under international treaties concluded with the European Union.

Applicants for the procedure to issue a work permit for a foreigner in the country may be:

A local employer — any entity conducting activities on the territory of the Republic of Bulgaria, registered under Bulgarian law; or

A natural or legal person registered under the legislation of another EU member state, an EEA country, or the Swiss Confederation.

A work permit for employing a foreigner under an employment contract may be issued based on the status, development, and public interest of the labor market if:

The local employer has provided evidence that they actively sought the required specialist for a period no shorter than one month prior, within the labor market, including through relevant state authorities regulating the labor market and announcements in national and local mass media;

The employer has thoroughly justified the reasons for not hiring Bulgarian citizens, citizens of EU member states, or citizens of EEA countries or the Swiss Confederation, or foreigners with permitted permanent or long-term residence in Bulgaria, or persons with equivalent rights;

The foreigner possesses secondary specialized or higher education and/or specific professional qualifications and experience that meet the objective requirements for the respective position/work and activity;

There are no Bulgarian citizens,

4.1. Citizens of EU member states,

4.2. Citizens of EEA countries or the Swiss Confederation,

4.3. Foreigners with permitted long-term or permanent residence in Bulgaria or with equivalent rights according to Bulgarian legislation, holding the required profession, specialty, and/or qualification,

4.4. Including that the employer does not have the possibility for timely training of the required personnel, which is confirmed after a labor market survey, considering the objective requirements of the position and the specifics of the activity.

The assessment of these conditions is performed by the specialized state authority.

For issuing a work permit, the employer must submit an application at the foreigner’s workplace, accompanied by documents exhaustively listed in the law and subordinate regulatory acts.

A distinction must be made between work permits for foreigners employed under an employment contract and work permits for foreigners engaged in highly qualified employment.

The definition of “Highly Qualified Employment,” according to the legislation, is the employment of a person who possesses the necessary competence for the job — acquired higher education certified by a diploma, certificate, or other document issued by a competent authority after at least three years of education conducted by an educational institution recognized as a higher education institution by the respective country.

For employment of foreigners for highly qualified work, no separate work permit is issued, as it is included in the unified residence and work permit type “EU Blue Card,” issued by the Ministry of Interior. The required documents for obtaining permission for highly qualified employment are also different.

For exercising highly qualified employment by a foreigner, related to the issuance of an EU Blue Card by the Ministry of Interior authorities, no separate work permit is issued; instead, the Executive Director of the Employment Agency provides a written decision. This decision allows the foreigner to perform work activities in Bulgaria only for a specific legal or natural person and for the position, location, and period specified in the decision after the Blue Card is issued by the Ministry of Interior.

The decision by the Executive Director of the Employment Agency is given when the following conditions are met:

The foreigner possesses the necessary competence for the respective work — acquired higher education certified by a diploma, certificate, or other document issued by a competent authority after at least three years of education by an institution recognized as a higher education institution by the respective country;

The gross salary stated in the foreigner’s employment contract is at least 1.5 times higher than the average salary in the Republic of Bulgaria according to available data for the 12 months prior to signing the contract.

During the first two years of legal highly qualified employment, the holder of an EU Blue Card may perform only activities in Bulgaria that correspond to the conditions under which the Blue Card was issued. During this period, the holder may change employers only after receiving a written decision from the Employment Agency.

Internal procedure:

Within 7 days, the Directorate “Labor Office” sends the received documents and opinion on the request to the Executive Director of the Employment Agency. The competent authority to issue the work permit is the Employment Agency. Its Executive Director decides to issue or deny the permit. The decision is made within one month, and the applicant is notified in writing.

A work permit is issued to a foreigner if they possess:

a) Specialized knowledge;

b) Skills and professional experience necessary for the respective work or position, in accordance with public needs and the labor market;

c) Provided that the total number of employed foreigners does not exceed 10% of the average number of Bulgarian employees and foreigners with granted asylum rights employed by the respective employer over the previous 12 months.

Moreover, the salary must provide necessary means of subsistence in the country as set by an act of the Council of Ministers.

It should be noted that initiating this detailed procedure requires the following preconditions:

The local employer must provide evidence of actively seeking the required specialist for a period no shorter than one month prior, within the labor market, including the Directorate “Labor Office” of the Employment Agency and announcements in national and local media;

There is no Bulgarian citizen or permanently residing foreigner or person with equivalent legal status who holds secondary specialized or higher education and/or the required professional qualification and experience for the position/work.

Sanctions:

In cases where an employment contract is concluded with a foreigner without the required work permit, fines are imposed on both the employer and the foreign national, respectively as pecuniary sanctions. For a foreigner who worked without a permit and for the natural person who employed them, the fine ranges from BGN 500 to 5,000, while legal entities are subject to a pecuniary sanction of BGN 20,000.