Bulgaria - The social impact of seasonal migration

70
- The foreign national has special secondary or a higher degree of education and/or
specific professional skills or experience relevant to the objective requirements for the
respective position/job and the activities carried out;
- There are no Bulgarian nationals or foreign nationals permanently residing in the
Republic of Bulgaria or enjoying equal rights as laid down in Article 70, Paragraph 3 of
the Employment Promotion Act who possess the required profession, specialty and/or
skills and there is no opportunity for timely training of the necessary staff, which has
been found out as a result of a due labour market research matching the objective
requirements and specific features of the job.
Refusal to grant a work permit is based on a number of conditions, including:
- The foreign national has been penalized for illegal employment in the preceding 5-year
period, or, according to the documents submitted, he/she has worked illegally in the
Republic of Bulgaria during a previous stay and/or at the moment of application;
- The employer/person hiring a commissioned foreign national has been penalized
during the preceding 2-year period for employing alien labour without a work permit;
- Over the past 3 months, the employer, on his own initiative, has made redundant
Bulgarian nationals, foreign nationals permanently residing in the Republic of Bulgaria
or enjoying equal rights under Article 70, Paragraph 3 of the Employment Promotion
Act, who could have been hired for the job applied for by a foreign national;
- There are other reasons pursuant to Articles 10, 11 and 21a of the Foreign Nationals Act
(visa and entry denial; the person is listed in the information database of foreign
nationals unwanted in the country).
The work permit serves as a ground for receiving of residence permission for the length
of the employment. Foreign nationals shall reside outside the territory of the country
until they are granted a work permit. Foreign nationals who entered the country on a
certain ground cannot extend their stay in the country for a different reason, except in
urgent cases and those married to Bulgarian citizens.
Foreign citizens residing permanently in the country are not required a work permit,
nor are foreign nationals with granted asylum or refugee status. Exceptions to the work
permit obligation may be provided for in an international agreement acceded to by the
Republic of Bulgaria.
5.2.3. Admission of third-country nationals for the purpose of pursuing activities
as self-employed persons
As indicated above, the admission of foreign nationals for the purpose of employment
and for self-employment is treated separately.
The following legal instruments regulate the self-employment of foreign nationals in the
territory of the Republic of Bulgaria:
- Foreign Nationals Act;