With amendments to the Labour Migration and Labour Mobility Act (LMLMA), as of March 12th, 2021, the European Union Blue Card (“Blue Card”) issuance procedure has been changed. The amendments enter into force as of June 1st, 2021. The most essential changes include:
Abolishment of the requirement for market research
It is highly significant that there is no longer a requirement to conduct a preliminary research of the Bulgarian labour market (i.e. a market test), proving that after an active research the employer has not found Bulgarian employees qualified enough for the job. Following the amendments, the issuance of a Blue Card is granted by the Migration Directorate after receiving of a positive written statement from the Executive Director of the Employment Agency. This statement is issued within 14 days as of the submission of the application for Blue Card issuance.
Electronical exchange of documents
A significant procedural relief is that the employer will now be able to submit all documents for the issuance of a Blue Card with the Employment Agency, without any subsequent submission with the Migration Directorate. The Employment Agency is now obliged to ex officio send all the papers, together with its statement, to the Migration Directorate within 14 days.
Other requirements and possibilities
An explicit requirement is introduced stating that the employment agreement of the foreigner working in Bulgaria should be concluded for term of minimum 12 months.
It is also provided that the family members of a Blue Card holder have the right to work in Bulgaria under an employment agreement or as self-employed persons during the period of validity of the Blue Card. This option is applicable with the permit for access to the Bulgarian labour market issued by the Executive Director of the Employment Agency.
