In our practice, we often see the same scenario: the employer has found the right candidate, negotiated the terms, planned the start date… and the procedure gets “stuck” between institutions.
The reason?
Lack of clarity regarding the specific role of each authority in the process.
One of the key institutions when hiring foreign nationals is the Employment Agency.
Its competencies are often confused with those of the Migration Directorate at the Ministry of Interior (MoI), which leads to delays, incorrectly submitted documents, or redundant procedures.
Here is what the Employment Agency actually does:
1️⃣ Provides an official opinion on access to the labor market to the Migration Directorate at the MoI
In certain cases, the Employment Agency (EA) does not issue a permit but provides a written opinion to the Migration Directorate.
This occurs in the cases of:
Single Residence and Work Permit
“EU Blue Card” (highly qualified employment)
Seasonal employment from 90 days up to 9 months
Intra-corporate transfer of managers/specialists/trainees
Extension of seasonal employment
The important takeaway for the employer here is:
➡ The EA assesses the conditions for access to the labor market
➡ but the final residence act is issued by the Migration Directorate.
2️⃣ Issues a permit for access to the labor market
In other scenarios, the EA has a stronger role – it directly issues the permit for access to the labor market.
For example, in cases of:
Employment of posted workers
Employment of family members of a foreign national who has obtained a prolonged or permanent residence permit (Art. 24, Para. 1, Item 13 of the Foreigners in the Republic of Bulgaria Act)
Exercising a freelance activity
3️⃣ Performs registration (not authorization)
There are also cases where a permit is not required, but a registration is:
Persons of Bulgarian descent
Posting within the framework of the provision of services for up to 3/6 months within a 12-month period
Seasonal employment for up to 90 days
Employment of researchers under a scientific research project
Employment of full-time students in higher education institutions
Employment of trainees under an employment contract with a traineeship clause
The difference between a “permit” and a “registration” is not a mere formality – it determines the deadlines, the required documents, and the risk of sanctions.
4️⃣ Accepts declarations of employment
In certain cases, the employer only declares the employment at the local Labor Office Directorate according to the place of work – for example, for:
Certain categories of family members
Persons with status under the Law on Asylum and Refugees
Persons with specific rights under the Foreigners in the Republic of Bulgaria Act
Victims of human trafficking
Here, the failure to submit a declaration can lead to administrative liability, even though a permit is not required.
Why is this important for businesses?
Because a different legal regime means:
different deadlines;
different documents;
different institutional logic;
different risk in case of an error.
Incorrectly identifying the applicable procedure at the very beginning can delay the hiring process by months.
And when dealing with a key employee, this is a strategic problem, not an administrative detail.
