EU Blue card
What rights does the so-called EU Blue Card provide and what are the conditions for obtaining it in Bulgaria?
In the last few years, there have been more and more discussions in the business circles (especially in the IT sector) about the so-called "Blue Card". This is a specific procedure that ends with the issuance of a document that allows a professional from a non-EU country to live and work in Bulgaria. The full name of the document in question is residence and work permit of the type "EU Blue Card". Hence, the Blue Card (BC) is a document that allows and permits the foreigner to settle and work in Bulgaria. This is an important nuance - the foreigner is allowed into the country precisely to join the labour market, and if he does not work, his permit is subject to revocation by the authorities.
The BC is an EU instrument to address the shortage of highly skilled labour by creating a harmonised procedure to attract such professionals across the Union. This objective is explicitly stated in the Directive governing the BC. The Directive itself has been implemented in Bulgarian legislation through the relevant provisions of the Labour Migration and Labour Mobility Act and the Foreigners in the Republic of Bulgaria Act.
As mentioned, only non-EU nationals can apply for a Blue Card. However, they must also meet a number of other requirements. First of all, the applicant for a Blue Card in Bulgaria must have a university degree that has lasted at least 3 years. The Directive allows EU Member States to provide in their national legislation for the possibility whereby persons without a university degree but with sufficient and proven experience could also obtain a BC. Bulgaria, however, has not adopted this approach and has indicated as a formal requirement for applicants the acquisition of a university degree.
Next, in order to apply, the foreigner must have an employment contract with a Bulgarian employer, which takes effect from the date of issuance of the BC. There are also requirements for this employment contract - it must be valid for at least one year and the foreigner's salary must be at least 1.5 times higher than the average salary in Bulgaria according to the data available for the last 12 months prior to the conclusion of the contract.
The procedure itself starts with an application to the Migration Directorate of the Ministry of Interior. The application is submitted by the applicant's employer or, exceptionally, by the applicant himself - if he already has a long-term residence permit on another basis.
A set of documents must be attached to the application. The following are required: a copy of the foreigner's international passport; an original criminal record certificate issued by the country of origin; evidence of assured accommodation in Bulgaria; medical insurance; documents establishing the foreigner's education and professional experience; a declaration from the employer that the employment contract meets the above requirements, and a copy of the employment contract itself. A particularly important document required for the procedure is the so-called justification of the request - in it the employer indicates the facts and circumstances necessitating the employment of the third-country national employee and gives reasons for its refusal to employ Bulgarian nationals who also meet the requirements for the position of the BC applicant.
After the documents are submitted to the Migration Directorate, this institution requests opinions on the application from other agencies – the State Agency for National Security /SANS/ and the Employment Agency /EA/. The role of the EA is quite significant - it is the Agency that grants or denies access of the foreigner to the labour market in Bulgaria. If the EA's opinion is negative, the applicant will not be granted a BC at all. In case of a positive opinion, the Migration Directorate notifies the applicant (employer or the candidate himself) and the Consular Relations Directorate of the Ministry of Foreign Affairs.
The applicant must then submit the documents for obtaining of a visa D to the Bulgarian diplomatic or consular mission responsible for the country of origin of the foreigner. If the applicant is successful in obtaining the visa, he should, upon arrival in Bulgaria, appear in person at the Migration Directorate and present a copy of his passport together with the visa and entry stamp pages. He shall also present medical insurance for the permitted period of stay. Within three days of receipt of these documents, the Migration Directorate will make a final decision on the application for a residence permit, after which the foreigner must receive the "plastic" card, which resembles an identity card.
After obtaining the BC, the foreigner is entitled to start working according to his/her employment contract, which only then comes into force. The employer, in turn, is obliged to notify the Labour Inspectorate that the holder of the BC has started work.
Once the employee has received the BC, he is entitled to initiate what is called a "family reunification" procedure. His relatives may also apply for the right of residence in Bulgaria, each of them needing to obtain a set of documents. Bulgarian institutions carry out the relevant checks and issue first visas and then residence permits to the family members of the holder of the BC.
It is important to point out that during the first two years after the issuance of the BC, the foreigner can only work in Bulgaria. After this period, he can undertake a procedure allowing him to work and reside in another EU Member State. Also, during this two-year period, the holder of the BC may change his employer only with the permission of the Bulgarian institutions under a special procedure laid down in the Foreigners in the Republic of Bulgaria Act.
This article expresses a personal opinion of the author, which clarifies principle and hypothetical positions - i.e. the positions expressed should not be considered applicable in every particular case. Therefore, the text does not constitute and should not be construed as legal advice. If you require such advice, you may contact me at [email protected] .
