We will continue our previous post about the changes in the Bulgarian Legislation concearning the labour activity by foreign individuals. If you have missed the first part please read it here first…
As mentioned in the previous part, in compliance with the Law on entering, staying and leaving Bulgaria from the citizen of the European Union and the members of their families, the EU citizens and their families are allowed to enter and leave Bulgaria without visa formalities and to stay in Bulgaria up to three months only with international passport or ID card. After that the EU citizens have to apply and receive a certificate for long term staying /up to 5 years/ from the National department “Police”. The EU citizens have a free access to the Bulgarian labour market. The EU citizens sent on business trip to Bulgaria by EU-based companies are subject to registration in certain cases in compliance with the Ordinance for the conditions and the provisions for the business trips. The accepting local person shall inform the Employment agency for the liaison between the EU employer and the EU employee.
On the other hand, in compliance with the Law for the foreigners in the Republic of Bulgaria, the foreign individuals/non EU/ are allowed to stay in the Republic of Bulgaria for short or long term. The short term staying /allowed by visa type C/ is for period up to 90 days. On the other hand the long term staying /allowed by visa type D/ can be:
– Continuous – with a period for up to one year;
– Permanent – with unlimited period of staying;
The foreign individuals /non EU/, who had received a Permanent staying in the Republic of Bulgaria, are allowed to perform working in Bulgaria under the same conditions of employment for Bulgarian citizens. The personal income taxation implications are described in chapter V, point 6 from this study.
All other foreign individuals are allowed to work either as employed on Labour contract by a Bulgarian company or as send on a business trip by a foreign company, within the frames of the rendered services at the territory of the Republic of Bulgaria, after receiving a work permit according to the requirements, determined with an Act by the Council of Ministers or by virtue of international contract, under which the Republic of Bulgaria is party of the contract (Art. 70 from the Employment Stimulating Act).
Note: The Work permissions are NOT required for foreign individuals, who are employed or sent to work under the provisions of International Agreement, party of which is the Republic of Bulgaria, when the exempt from the obligation for possession of work permit is provided in the contract