Blue Card: Important Legal Aspects

blue card eu

The Blue Card of the European Union allows highly qualified foreign professionals to reside and work in Bulgaria, contributing to the advancement of the economy. This article provides an overview of the requirements, documents, and benefits associated with the Blue Card.

The EU Blue Card holder in Bulgaria must meet several important legal requirements to qualify for this work and long-term residence permit. To obtain a Blue Card in Bulgaria, the applicant must demonstrate professional experience at a level comparable to a university degree, typically requiring higher education. The candidate must provide an official document proving they are highly qualified, often supported by a university degree or equivalent high-skilled credentials. This work permit is issued for highly qualified professionals who possess the necessary expertise and professional experience in their field.  An EU Blue Card is issued for a period of up to 5 years, but not shorter than 24 months. The ЕU Blue Card can be renewed if there are grounds for its reissuance.

Requirements

Qualification Requirements

The EU Blue Card is issued to individuals who will work in the country under an employment contract for “Highly Qualified Employment.” "Highly Qualified Employment", according to the Labor Migration and Labor Mobility Act, is a position that requires high professional qualifications, which can be proven in various ways:

  • Higher education obtained for a minimum of three academic years, conducted by an educational institution recognized as a higher education institution by the respective country. For certain professions (such as IT specialists), possessing a higher education diploma with a minimum duration of 3 years is not a requirement for the position, as priority is given to qualifications, knowledge, and skills that can be acquired from private schools and colleges with an academic training period shorter than 3 years, or
  • For positions included in the list approved by the Minister of Labor and Social Policy - knowledge and competencies certified through an official document, for professional experience at a level equivalent to higher education, acquired within the period specified in the list and corresponding to the position or sector specified in the employment contract, or
  • For positions outside the list approved by the Minister of Labor and Social Policy - knowledge and competencies certified through an official document, for at least 5 years of professional experience at a level equivalent to higher education, and corresponding to the position or sector specified in the employment contract.

 

Visa or Residence Reqirements

According to Article 33k from the Law on foreigners in the Republic of Bulgaria, the EU Blue Card may be issued only to

  •   persons who have long-term residence visa under article 15 (issued to persons applying for a permit for long-term or permanent residence in the Republic of Bulgaria) or who have already obtained any long-term residence permit;
  •   persons who have been granted international protection in the Republic of Bulgaria or in a member state of the European Union.

Both categories of persons must also meet all other requirements.

 

Minimum Salary Requirement

The gross salary stated in the employment contract must be at least 1.5 times higher than the average salary in the Republic of Bulgaria according to the published data from the National Statistical Institute for the last 12 months before the signing of the employment contract.

 

Employment Contract Duration

An employment contract according to Bulgarian legislation with a minimum term of six months.

 

Permitted Legal Quotas for Foreign Workers

The number of third-country nationals employed by the employer, working for the local employer under an employment contract in the previous 12 months, should not exceed 20% of the average number of Bulgarian citizens, citizens of other EU countries, EEA countries, or the Swiss Confederation, employed under an employment contract. For small and medium enterprises, the legal quota for foreign workers is 35%.

 

Comparable Working Conditions

The working conditions and remuneration provided to Blue Card holders must be at least as favorable as those for Bulgarian citizens for the respective category of labor.

 

Documents and Specifications for Obtaining a Blue Card

The application for an EU Blue Card is submitted to the Migration Directorate or the migration departments at the regional directorates of the Ministry of Interior by the employer, an authorized person, or personally by the employee. The employee may apply for a Blue Card work permit, provided they have a long-term residence permit.

The application should be accompanied by the following documents:

  • Copy of passport or a replacement document
  • Document issued by a competent authority for education or professional experience, legalized and accompanied by a certified translation into Bulgarian.
  • Justification in free text from the employer, describing the motivation to hire a foreign worker and the reasons why Bulgarian citizens or foreign citizens with equivalent rights who meet the requirements for the respective profession cannot be hired.
  • Document for secured housing
  • Criminal record certificate issued by the country of citizenship or the country of residence of the foreigner.
  • Declaration from the employer confirming that the working conditions and remuneration are not less favorable than those for Bulgarian citizens for the relevant category of work.
  • Certified by the employer copy of the employment contract and a copy of the job description, effective from the date of issuance of the long-term residence and work permit type “EU Blue Card.”
  • When the foreigner has a long-term residence permit in the Republic of Bulgaria, a reference for the right of residence is also attached to the application.
  • Mandatory medical insurance valid on the territory of the Republic of Bulgaria for the entire period of residence.

Do you need legal advice and assistance? Contact our experienced lawyers.

 

Process for Obtaining a Blue Card

The Migration Directorate reviews the submitted documents. In case of missing documents or additional requirements, it notifies the applicant electronically and sets a ten-day deadline for the submission of the documents.

For each application, information is required and collected ex officio regarding the provision of a written opinion from the respective national agencies.

After the relevant checks, the Executive Director of the Employment Agency sends electronically to the Migration Directorate a written opinion on the presence or absence of grounds for exercising highly qualified employment within ten days.

When the application is submitted by an employer or an authorized person, the Migration Directorate sends electronically to the employer a notification within three days of receiving confirmation from the national agencies, stating that there are grounds for the foreigner to exercise highly qualified employment. The notification is also sent to the "Consular Relations" Directorate at the Ministry of Foreign Affairs.

Once the Migration Directorate issues the permit for access to the labor market, the employer notifies the worker of the permit for exercising highly qualified employment, who has 20 days to start the process of applying for a visa.

Within seven days from the actual start of work of the foreign citizen, the employer is obliged to notify the respective territorial directorate of the Executive Agency "General Labour Inspectorate" by filling in the relevant forms.

During the first 12 months of highly qualified employment, the holder of the EU Blue Card has the right to work only on the territory of the Republic of Bulgaria.

Within this period, the holder of the EU Blue Card may change their employer, with an authorized person, employer, or the foreigner submitting an application for a change of employer on paper or electronically to the Migration Directorate or the migration departments at the regional directorates of the Ministry of Interior.

 

Benefits of the Blue Card

Long-term Residence

Blue Card holders have the right to long-term residence in Bulgaria, the Blue Card is valid for up to five years with the possibility of renewal.

Freedom of Movement

Blue Card holders have the right to internal mobility within the EU, allowing them to work and reside in other EU countries after the first 12 months.

Family Reunification

Blue Card holders can bring their family to Bulgaria under the same legal conditions and for the same period as the valid Blue Card.

The members of the family of a Blue Card holder have the right to work on an employment contract or to carry out freelance activities on the territory of the Republic of Bulgaria for the duration of the holder's residence and with the permission of the executive director of the Employment Agency.

The EU Blue Card helps integrate qualified specialists into the labor market in Bulgaria. The simplified application procedure and opportunities for prolonged residence define the Blue Card as a pathway to professional growth. Enterprises find highly qualified talents for their workforce, and international citizens have access to the labor market and mobility within the European Union.

Legal Assistance

Experts in labor law at “Danailova, Todorov, and Partners” provide:

  • Consultations on any issues of labor law
  • Assistance in issuing an EU Blue Card
  • Assistance in case of missing documents or additional requirements for issuing a Blue Card
  • Representation before the Migration Directorate
  • Consultations for issuing a Blue Card


If you need assistance or consultation with a good lawyer in labor law, contact us.


“Danailova, Todorov, and Partners” is a leader in the field of commercial, contractual, labor, administrative, and tax law. The law firm offers expert comprehensive services on any legal issues.

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