May an employer take on as many foreign nationals as it likes?

No. The statutory limit that applies sets the ceiling for hiring third-country nationals.

Am I free to switch employers?

The issued Single Permit for residence and work covers one employer and one position. A change of employer generally means a new procedure, and every statutory precondition for labour-market access and for a residence and work permit has to be proven afresh.

Will my family be able to join me in Bulgaria?

A residence permit with a validity of no less than one year entitles its holder to start a family reunification procedure on the territory of the Republic of Bulgaria.

May I apply while already living in Bulgaria?

Sometimes. It turns on your present status and on the rules that apply, so the foreign national's status has to be checked before any application is filed.

Which documents do I need?

The list varies with the applicant, the employer and the position. As a rule you will need the following: the applicant's passport and certificate of no criminal record, proof of accommodation, and education and qualification papers; then, from the employer, the employment contract, its own company documents, a justification for labour-market access, the result of the labour market test, and a set of declarations.

How does the Single Permit differ from the EU Blue Card?

The EU Blue Card is aimed at highly qualified specialists, and its rules on qualification, pay and labour-market access are different. Which regime is right depends on the position and on the applicant's profile.

What is the single permit for residence and work in Bulgaria, in short?

A third-country national who meets the statutory requirements can, with this permit, live and work in Bulgaria for one particular employer.

For how long does the single permit remain valid?

Normally it lasts as long as the employment contract, and never more than three years.

Do you need a type D visa?

The answer turns on the applicant's present status. A person with no valid residence permit in the Republic of Bulgaria will, as a rule, need a type D long-stay visa.

What is the time frame for getting a single permit?

Several things set the pace: the circumstances of the procedure, how busy the competent institutions are, and whether interview slots for the type D long-stay visa are free. A residence and work permit usually takes between 3 and 6 months in practice.

Does a quota limit the hiring of foreign nationals?

Yes. The general threshold is 20% of the average number of employees over the previous 12 months. For small and medium-sized enterprises it is 35%. The statutory calculation rules apply.

Single work and residence permit guide

Where a Bulgarian company wants to take on someone from outside the European Union, the European Economic Area and Switzerland, it can in certain cases obtain a Single Permit for residence and work ("Single Permit") for that person.

One procedure covers both questions. It gives the third-country national the right to live in Bulgaria and to enter the labour market, but only with the named Bulgarian employer, in the stated position and on the terms written into the permit.

The migration authorities and the Employment Agency both take part in the process. If the worker needs it, a Bulgarian long-stay visa (type D) is applied for afterwards.

Whether the worker is abroad or already lawfully resident in Bulgaria, the procedure may be available, depending on the case.

The Single Permit at a glance

For a third-country national, the Single Permit covers three things at once:

lawful residence in Bulgaria;
the right to be employed;
work for the named employer;

Its term follows the employment contract and cannot exceed three years.

It therefore gives no open access to the Bulgarian labour market. The permit belongs to one employment relationship and one employer.

Who is eligible for a Single Permit?

The procedure is meant chiefly for third-country nationals whom a Bulgarian employer wants to hire.

As a rule, several conditions must be satisfied. They concern the foreign national, the Bulgarian employer and the job on offer.

Check these points before you start:

the person must be a citizen of a state outside the EU/EEA/Switzerland;
there must be a real employment relationship with a Bulgarian employer;
the job must be one that a third-country national may fill;
the candidate must have the education, professional qualification and/or experience that the job demands;
the conditions for entry to the Bulgarian labour market must be fulfilled;
the employer must stay within the limit that applies to the number of third-country nationals it employs;

The exact requirements vary with the job, the employer, the applicant's nationality and the applicant's present status.

The labour market test

As part of the procedure, the authorities check whether somebody who already has access to the Bulgarian labour market could fill the vacancy.

People usually call this check the labour market test.

The employer has to show why the third-country national is needed and what it did to find a suitable candidate. The file should contain:

A justification of the request, in which the employer sets out the facts and circumstances that call for hiring the third-country worker and explains why it declined to hire Bulgarian nationals or EU/EEA/Swiss nationals;
copies of vacancy advertisements that were published on recruitment portals.

Cap on third-country staff: 20% and 35%

Every employer faces a ceiling on how many third-country nationals it may take on, and this matters from the very start of a Single Permit application.

The general rule is that third-country nationals employed by the Bulgarian company may not make up more than 20% of its average headcount over the previous 12 months.

The threshold is higher, at 35%, for small and medium-sized enterprises (SMEs).

Preparation for the employer before filing

Delay becomes much less likely if the employer verifies the following in advance:

1. Is the candidate suitable?

Review the candidate's nationality, passport, qualification and professional experience against what the specific position requires.

2. Is the employer within the quota?

Compare the average headcount for the period concerned with the number of third-country nationals already employed.

3. Was recruitment properly carried out?

The employer should keep records showing how it looked for a suitable employee.

4. Are the foreign documents in hand?

Issuing, legalising and translating a certificate of no criminal record, diplomas and certificates can take a long time.

Which documents are needed?

Each case needs its own set of papers. The main groups that may be requested are listed below.

The foreign national's documents

1. Passport copy

A copy of a valid passport or substitute travel document is needed, including the pages with the photo and the holder's personal details.

2. Criminal record certificate

A first application requires a certificate of no criminal record. It is issued by the state of which the foreign national is a citizen or by the country of habitual residence.

The issuing country determines whether you need full legalisation or an apostille, plus a Bulgarian translation.

3. Accommodation evidence

You must prove that accommodation in Bulgaria is secured. A declaration from the property owner, stating that the owner gives the foreign national an address, goes with it.

4. Diplomas and professional qualifications

The requirements of the particular job decide which of these are asked for:

diplomas;
certificates of professional qualification;
certificates;
evidence of work experience;
any other paper that shows the candidate's qualification.

The qualification has to correspond to what the position requires and to the National Classification of Professions and Positions that applies.

5. Papers for regulated professions

Where the job is among the regulated professions in the Republic of Bulgaria, the professional qualification may need to be recognised, or the relevant conditions for practising the profession may need to be fulfilled.

6. Medical insurance

A foreign national who has no insurance under Bulgarian law may have to present mandatory health insurance that is valid in Bulgaria for the period up to the issue of the Single Permit.

The Bulgarian employer's documents

The employer has a major part in the procedure and has to assemble a set of documents of its own.

Depending on the case, these may be requested:

1. The employment contract

A signed employment contract covering the position.

The position in the contract must correspond to the National Classification of Professions and Positions that applies.

The contract starts to have effect on the day the foreign worker obtains the residence document.

2. The job description

The job description is filed alongside the employment contract.

It helps to establish what is expected of the candidate and whether the candidate's qualification fits the position.

3. Reasons for the hire

The employer has to explain why a third-country national must be appointed.

4. Proof of recruitment efforts

The employer has to prove that it looked for suitable candidates on both the Bulgarian and the European labour markets.

5. Declaration on foreign employees

In this declaration the employer lists the third-country nationals it employs and the legal basis for their residence.

6. Declaration on headcount

The employer gives its headcount for each of the previous 12 months, counting the categories of persons that are included when the applicable limit is calculated.

7. Declaration on conditions and pay

The employer confirms that the foreign national's working conditions and pay meet the legal requirements and are no worse than the conditions that apply to Bulgarian nationals.

How the Single Permit is obtained, step by step

The procedure falls into a few main stages.

Step 1: Obtaining access to the labour market

The employer assembles the full set of documents and applies for a Single Permit for residence and work. The application goes to the Migration Directorate, or to the relevant "Migration" department, sector or group at the regional directorate of the Ministry of Interior.

The Migration Directorate forwards the applications whose proceedings have not been discontinued, with their attached documents, to the Employment Agency electronically. It has 14 days from filing to do so. The State Agency for National Security (DANS) receives the application and attachments in the same way and gives an opinion.

The Employment Agency has 15 days from receipt of the file to send the Migration Directorate, electronically, the written opinion of its Executive Director. The opinion says whether grounds exist for granting access to the labour market.

If the employer or a person authorised by it filed the application and the opinions are positive, the Migration Directorate informs the employer within three days. The notification confirms that grounds exist to give the third-country national access to the labour market. A copy of the notice goes to the "Consular Relations" directorate at the Ministry of Foreign Affairs.

The employer passes the notice on to the foreign national. Where a long-stay type D visa is required, the foreign national must take the steps to apply for it within 20 days of the day the notice was sent to the employer.

Step 2: A type D visa, where one is required

If the applicant is outside Bulgaria and needs a visa to enter and stay long term, a procedure for a Bulgarian type D visa has to be completed.

Leaving Bulgaria or going through the type D visa procedure is not always necessary, though. Whether the application can be filed and finished from inside Bulgaria turns on the foreign national's current status and on the statutory preconditions in the case.

Check the applicant's immigration status before you start.

Step 3: Arrival and stay in Bulgaria

When a type D visa is needed, the foreign national travels to Bulgaria once it has been issued. Within 14 days of entering the territory of the Republic of Bulgaria on that visa, the foreign national must be accompanied by the employer, or by a person the employer has authorised, to the Migration Directorate or to the department/sector/group "Migration" at the regional directorates of the Ministry of Interior. Two things are handed in with the application: a copy of the passport page that carries the visa, and mandatory medical insurance that is valid on the territory of the Republic of Bulgaria for at least three months, to cover the time until the permit of the type "Single Permit for residence and work", for continuous residence and work, is issued.

Step 4: The Single Permit is issued

When the checks are finished and the statutory requirements are satisfied, the authorities issue the Single Permit for residence and work together with the matching residence document.

Time frame

The total time varies with the case. It is affected by how complete the documents are, whether further checks are needed, how long legalisation and translation take, and whether a type D visa is required.

The administrative stage runs to deadlines set by law. These can be prolonged when a case is complex in fact or in law.

Plan for extra time in practice for each of these:

getting the documents ready;
legalisation or an apostille;
translation;
obtaining the criminal record certificate;
the type D visa procedure, when it applies;
issue of the residence document itself.

From our experience, the whole procedure usually lasts 3 to 6 months from the day of filing.

Validity of the Single Permit

The permit runs for as long as the employment contract, up to a maximum of three years, provided the statutory requirements are met.

A contract with a shorter term means a permit with the same shorter term.

If the employment continues and the statutory preconditions are still met, residence and the right to work can be extended through a further procedure.

Moving to another employer

A Single Permit does not open the Bulgarian labour market without restriction.

It is bound to the employment relationship, the employer, the position and the terms for which it was issued.

For that reason, a different employer can hire the person only after a fresh residence-and-work procedure.

A foreign national should not start working for a new employer relying only on the current Single Permit for residence and work.

Bringing the family to Bulgaria

Where a foreign national is lawfully resident in Bulgaria, relatives can apply for residence on the ground of family reunification.

It is a separate immigration procedure. Getting the Single Permit does not bring it about automatically.

The case will call for documents that prove:

the family tie;
that housing is available;
that there are enough financial means;
health insurance cover;
identity;
civil-status certificates, legalised and translated.

Single Permit compared with the EU Blue Card

Third-country nationals have more than one route to work and live in Bulgaria, and the Single Permit is just one.

Highly qualified specialists may come under the EU Blue Card regime.

The two differ in important ways.

Single Permit vs EU Blue Card
	Single Permit	EU Blue Card
Purpose	Employment and residence	Residence and highly qualified employment
Citizenship	Third-country citizen	Third-country citizen
Qualification	Must fit the position	Higher education, or professional experience of at least 3 years in a job that requires higher education
Labour market check	Applies in the relevant cases	Does not apply
Cap on third-country staff	20% / 35% where it applies	Does not apply
Employer tie	One named employer	Special rules govern a change
Longest term	Up to 3 years	Up to 5 years
Pay	No particular requirement	1.5x the average national salary

Decide between the two only after weighing the position, the qualification, the pay, the employer and the long-term plans of the foreign national.

What Borderless Legal does

Immigration, labour and administrative rules all apply at once to residence and work procedures in Bulgaria. A file that is incomplete, or a procedure chosen wrongly, can end in delay or refusal.

Borderless Legal gives legal help to foreign nationals and to Bulgarian employers who prepare and run residence and work procedures in Bulgaria.

According to the case, our help can include:

an initial assessment of eligibility;
examination of the applicant's immigration status;
working out which regime fits best: Single Permit, EU Blue Card or another option;
review of the quota that applies;
drawing up and checking the necessary documents;
help in drafting the employment contract and the documents linked to it;
dealing with the competent authorities throughout the procedure;
assistance in obtaining the type D visa;
help in obtaining the residence document;
later help with renewing residence;
advice on a family reunification procedure that follows.

Author

Boris Iliev is an attorney and member of the Sofia Bar Association. His advice to foreign nationals and companies covers immigration, residence and work in Bulgaria, corporate and tax planning, and the setting up and growth of a business in the country. He also conducts litigation.

Hiring a non-EU employee in Bulgaria: the single residence and work permit explained