07.02.2024
NEWS IN THE FIELD OF MIGRATION LEGISLATION IN THE REPUBLIC OF BULGARIA
The free movement of goods and people is one of the main principles of the European Union, enshrined in a number of legislative acts and reflected in the regulation of relations in several spheres. Migration and labor legislation is also such an area. The regulations are amended and updated periodically in order to fully respond to the development of public relations and requirements. The labor market, especially in Europe, continues to liberalize, while at the same time seeking to settle the relationship between employers and employees/workers in a way that protects the interests of both parties.
With this material, we will introduce you to the news in this field in Bulgaria, and in particular to the discussed changes in the Law on Foreigners in the Republic of Bulgaria.
At the end of last year (on 02.10.2023) a Draft Law on Amendments and Supplements to the Law on Foreigners in the Republic of Bulgaria was published for public discussion, which aims to:
to introduce the requirements of Directive (EU) 2021/1883 of the European Parliament and of the Council of 20 October 2021 on the conditions for entry and residence of third-country nationals for the purposes of highly qualified employment and to repeal Directive 2009/50/ EC of the Council;
to make changes related to non-compliance found by the European Commission in the implementation of Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions for entry and stay of third-country nationals for the purpose of employment as seasonal workers .
The proposed amendments to the Law on Foreigners in the Republic of Bulgaria affect in particular the following administrative procedures:
- Permit for long-term residence and work type "Single permit for residence and work",
- Long-term residence permit for the purpose of employment as a seasonal worker, as well as the employment registration procedure for performing seasonal work for up to 90 days,
- EU Blue Card type long-term residence and work permit, as well as
- Permit for a person transferred in an intra-corporate transfer with the right of long-term residence.
What do the changes provide for the different procedures?
Upon termination of the employment relationship, the foreigner's right of residence will also be terminated, which will be reflected in the Automated Information System "Single Register for Foreigners". It was created and maintained by the Ministry of Internal Affairs.
A health insurance requirement is introduced for foreigners who have received the residence permit after receiving the residence document.
A health insurance requirement is being introduced for seasonal workers with long-term residency permits.
Seasonal workers who have arrived in our country for the purposes of short-term employment will have the opportunity to extend their period of residence and work up to 180 days under the same conditions, without requiring them to leave Bulgaria, regarding the procedure for registering employment to carry out seasonal work up to 90 days.
It is expected that this change will have a favorable effect on the economic growth of Bulgaria to a significant extent, in view of the numerous businesses that carry out seasonal activity and their need to hire seasonal workers.
To the highly qualified citizens of third countries, holders of the so-called "EU Blue Card" is granted the possibility to change the position within the framework of the existing employment relationship with the employer in Bulgaria.
After the first 12 months of highly qualified employment, the EU Blue Card holder can change his employer under a simplified procedure.
Also added is the possibility for an EU Blue Card holder to move to the Republic of Bulgaria after having resided legally for six months in another Member State that is different from the Member State that issued the first EU Blue Card.
The deadlines for applying for the issuance of a D visa, as well as the deadline for the foreigner to appear in person at the Migration Directorate to obtain the visa, are being extended from 7 to 14 days, which will facilitate and harmonize the procedure.
Currently, the deadline for public discussion of the analyzed draft law has expired, but it has not yet been adopted by the National Assembly. In view of the nature of the envisaged changes, it is expected that they should be adopted in the final text of the Law on Foreigners in the Republic of Bulgaria. The harmonization of Bulgarian legislation in the field of migration and labor law is extremely important not only for the fulfillment of Bulgaria's obligations as an EU member state, but also for establishing our labor market as sufficiently competitive and attractive for employees and workers from other countries. The discussed bill is precisely a step in this direction.
