Until the mid‑2010s, the main goal of labour migration policy in Bulgaria was to protect the local labour market. The adoption in 2016 of the Labour Migration and Labour Mobility Law (LMLML) reflected a policy shift towards a “balanced acceptance of third countries’ workers in compliance with the labour market needs”1 (Bobeva, 2018[1]). The LMLML, and its several amendments since, have facilitated recruitment from abroad, as well as transposed EU directives into national legislation.
Labour migration to Bulgaria is fully demand driven, like in most European OECD countries. Third‑country individuals need a job offer from a Bulgarian employer in order to migrate to the country. If the position is for short-term employment (under 90 days) in seasonal work or as a posting to Bulgaria, the employer must only notify the Employment Agency (EA) of the hire. If it is for a longer-term position, up to one year, the EA must approve the hire and issue a work permit or deliver a positive opinion for the delivery of a single (work and residence) permit.
There are few restrictions to labour migration. There are no quotas in place for third-country labour migrants nor a labour market test. The EA nevertheless checks each request for a work permit (or single permit) and issues a positive or negative decision. It checks whether the firm is active and has no debt to the state. This step also ensures that firms that have been imposed a penalty in the previous year – for example failure to pay the agreed labour remuneration, hiring employees without the necessary employment permission or registration, or hiring irregular migrants – are barred from hiring from abroad. The main restriction on firms with respect to foreign hires is a cap at the firm level. Currently, the number of third-country migrants admitted under the single work and residence permit may not exceed 20% of the firm’s employment, 35% in the case of small and medium-sized firms.
Permit processing times have decreased in the past years. Obtaining a single permit takes approximately two months in total, including visa issuance, once all documents are submitted. The abolishment, or significant simplification, of the labour market test in 2018 reduced processing times by several months and there is recent progress on the digitalisation of processes. The government is currently working on the design of a common platform for all residence permit applications, which should streamline the processes. Bulgaria does not monitor processing times for the different residence permits. Given the increase in the number of applications for residence permits, in all categories of migration, it will become more important to monitor processing times and adjust staffing.
Bulgaria has also concluded bilateral labour agreements (BLAs) to further help firms address labour shortages. BLAs have been concluded and entered into force with Armenia, Georgia and the Republic of Moldova.2 The basis of these BLAs is to provide simplified access to the Bulgarian labour market for citizens of these countries. Firms hiring under the BLAs need only register the employment with the EA but do not need to apply for a work permit. Currently, only the agreement with Moldova is active. In the past few years, the number of participants remained low, and advertised vacancies by Bulgarian employers outnumbered the number of Moldovan candidates. In 2022, there were 69 job offers filled for 486 advertised vacancies.
Following the increase in labour migration to Bulgaria in the last years, retention of labour migrants may become a concern. The number of resident permits revoked has increased sharply in the past few years. It increased over six‑fold since 2019 and more than doubled from 2022 to 2023. A total of 1 700 permits were revoked in 2023, according to data from the Migration Directorate. Most of these permits were revoked due to employers reporting that hired third-country nationals had absconded. The top nationalities of holders of revoked permits are Uzbekistan, Türkiye, and Kyrgyzstan. Once Bulgaria fully joins the Schengen Area, labour migration is likely to increase, making it more pressing for Bulgaria to closely monitor its labour migration programmes.