Nina Boteva Law Office

Bill for amendment and supplementation of the Law on Foreigners in the Republic of Bulgaria

At the beginning of July, a bill for amendment and supplementation of the Law on Foreigners in the Republic of Bulgaria (LFRB) was introduced in the National Assembly. The reasons necessitating these amendments and additions to the LFRB are related to the need of incorporation of the requirements of Directive (EU) 2021/1883 of the European Parliament and of the Council as of 20 October 2021. The directive defines the conditions for entry and residence of third-country nationals for the purpose of highly qualified employment.

Another important reason for the amendments is related to the conditions for entry and stay of third-country nationals as seasonal workers. The adoption of the proposed changes to the LFRB will also impact the Law on Bulgarian personal documents, as well as the Law on entry, residence, and departure from the Republic of Bulgaria for citizens of the European Union and their family members. There are also plans to expand the scope of the LFRB, including the procedure for granting the right to reside in the Republic of Bulgaria for foreigners who are “specialists”.

The changes to the LFRB aim to improve the interaction between competent state structures and facilitate the residence and work of foreigners in Bulgaria regarding the following types of residence and work permits:

  • Single Residence and Work Permit:This permit combines the right to reside and work into one. Foreigners can obtain such a permit, allowing them both to reside and to work in the Republic of Bulgaria
  • EU Blue Card:The Blue Card is meant to assist highly qualified workers from third countries. It allows foreigners to work and reside in European Union member states.
  • Intra-Corporate Transfer Permit:This permit is issued to foreigners who are transferred within a single company or a group of companies. Its purpose is to facilitate the movement of specialists and managerial staff within an organization.
  • Long-Term Residence Permit for Seasonal Workers:This permit is designed for seasonal workers. Foreigners can reside and work in the Republic of Bulgaria for a specific season.

The legislative changes, on the other hand, impact long-term visas and control over foreigners’ residence in Bulgaria:

  • Enhanced Security Measures:The State Agency for National Security now conducts thorough checks on registered applications for long-term visas. This increased scrutiny aims to safequard national security by ensuring that applicants meet stringent criteria.
  • Enforcement of Administrative Measures:The Border Police can now impose administrative measures on citizens of EU member states. However, this provision is absent from the Law on Entry, Residence, and Departure of EU citizens and their family members in Bulgaria.
  • Amendment to Article 24, Paragraph 1, Item 16 of the LFRB:Proposed changes eliminate the possibility of granting residence to foreigners engaged in non-economic activities. According to the statistics there is a minimum interest in this option, with a total of 486 applications submitted between 2002 and the present date.

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