BIA STANDPOINT ON THE DRAFT LAW ON FOREIGNERS IN THE REPUBLIC OF BULGARIA

Bulgarian Industrial Association (BIA) presents its standpoint in relation to the Draft Law on Amendment and Supplement to the Law on Foreigners in the Republic of Bulgaria published on 02.10.2023 in the Portal for Public Consultations.

As an employers' organization, representative at national level, BIA has always pointed out the need for consistent development and modernization of the legislative framework on labor migration as one of the instruments to preserve the competitiveness of the Bulgarian economy and increase economic growth.

We therefore welcome most of the proposed amendments and additions provided for in the draft law.

The Draft Law provides for a number of amendments to the procedures for issuing:

• Long-term residence and work permits of the "Single Residence and Work Permit" type (Article 24i of the LFRB);
• Permit for Long-Term Residence for the Purpose of Employment as a Seasonal Worker (Art. 24k of the LFRB.), and the procedure for registering employment to perform seasonal work for up to 90 days (Art. 24l of the LFRB);
• EU Blue Card type of long-term residence and work permit (Art. 33k of the LFRB);
• Intra-corporate transfer permit for a person with the right of long-term residence (Art. 33p of the LFRB);

We assess as positive the introduction of health insurance for foreigners, holders of a residence permit type "Single Residence and Work Permit" on the basis of Article 24i of the LFRB after obtaining the residence document, as well as health insurance for seasonal workers, with the right to long-term residence under Article 24k of the LFRB after obtaining the residence document; the explicit regulation of the possibility and procedure for EU Blue Card holders to change the position held; the explicit regulation of the possibility and procedure for extending to 180 days the period of residence of foreigners performing seasonal work for a period of up to 90 days without leaving the country; the abolition of the obligation to apply for a reference on the foreigner's authorised right of residence and instead the Employment Agency will carry out the reference ex officio in the Interregister Exchange Environment (Regix); etc.

Notwithstanding the above, we also express some disappointment that a number of obstacles, restrictions and administrative burdens for employers relating to documents required under the applicable procedures have not been removed. We draw attention to the fact that, with regard to the accelerated and facilitated procedures provided for in the Bill, there is no outline of the subject matter and content of the by-laws, both in the explanatory memorandum and in the impact assessment of the Bill, in the event that the terms and conditions for them will be determined by the implementing regulations.