Freelancers and the Bulgarian language problem
A renowned artist and our prospective client, a non-EU citizen, plans to relocate to Bulgaria. His artistic achievements are unquestionable. After reviewing the legal options for obtaining a residence permit, the most logical choice for him appears to be the Bulgarian freelance visa. It seems, however, that he cannot obtain it, because he does not speak Bulgarian. But does this requirement, proficiency in Bulgarian, really make sense? Even Sir Elton John would not qualify for a freelance visa in Bulgaria under this rule.
Is knowledge of the Bulgarian language required to obtain a freelancer visa D and residence permit?
It is widely accepted, and the system works as if it were mandatory, that a non-EU citizen must know Bulgarian at a B1 level to obtain a freelance residence permit. In practice, almost no one applies without proving Bulgarian language skills. But is this requirement truly grounded in the law?
We often challenge such assumptions, especially when we see the law being misapplied. In this article, we explain why we believe foreigners seeking a Bulgarian freelance visa should not be required to know Bulgarian at all.
What is Bulgarian freelance visa?
Foreigners, citizens of non-EU countries, can settle in Bulgaria as freelancers. This legal opportunity is foreseen in art. 24, par. 1, p. 15 of the Bulgarian Foreigners Law:
Foreigners who hold a visa under Article 15, par. 1 (а.к.а. visa D) and wish to carry out freelance activities may obtain a long-term residence permit after receiving authorisation from the Ministry of Labour and Social Policy authorities, in accordance with Article 24a and under the procedures of the Labour Migration and Labour Mobility Law.
art. 24, par. 1, p. 15 of the Bulgarian Foreigners Law
Next, the Foreigners Law stipulates that:
(1) Foreigners who wish to carry out freelance activities and meet the requirements for obtaining a permit for freelance activity under the Labour Migration and Labour Mobility Law may receive a long-term residence permit or a long-stay visa.
(2) For the issuance of the documents under par. 1, the following must be submitted to the diplomatic and consular missions, or to the foreigner administrative control offices, as applicable:art. 24a, par. 1, 2 of the Bulgarian Foreigners Law
- an application form;
- a permit for carrying out freelance activity issued by the authorities of the Ministry of Labour and Social Policy.
So far it is absolutely clear. In order to obtain a freelance visa and residence permit, the foreigner must have a permit from the Ministry of Labour and Social Policy and submit an application. The Foreigner Law doesn’t require knowledge of Bulgarian. But let’s see if Bulgarian language is not required for the permit from the Ministry of Labour and Social Policy.
Permit from the Ministry of Labour and Social Policy
In chapter VIII of the Labour Migration and Labour Mobility Law we find the legal requirements for the issuance of the above required permit for a freelance visa:
(1) The Executive Director of the Employment Agency shall issue a permit for carrying out freelance activity by a third-country national after the submission of a detailed activity plan for the duration of the permit. On the basis of this permit, the Ministry of Interior issues a long-term residence permit or a long-stay visa in accordance with Article 24a of the Bulgarian Foreigners Law.
(3) The conditions and procedures for issuing, refusing, and revoking a permit for carrying out freelance activity by third-country nationals in the Republic of Bulgaria shall be determined by the implementing regulations of the Law.
art. 44, par. 1, 3 of the Labour Migration and Labour Mobility Law
The Law is clear. For the permit to be issued, the foreigner must only submit “a detailed activity plan for the duration of the permit“. Nothing more, nothing less. No language requirement, no nothing!
The Law also stipulates that the conditions and procedures for the issuance of the permit are determined by the regulations to the Law. And here is where things get interesting.
The Regulations for the implementation of the Labour Migration and Labour Mobility Law
We will start by stressing on the fact that the Regulations are issued by the Bulgarian Council of Ministers and as such, are subordinate normative act. And as such, according to the Law on Normative Acts:
If a decree, regulation, ordinance, or instruction contradicts a higher-ranking normative act, the judicial authorities shall apply the higher-ranking act.
art. 15, par. 3 of the Law on Normative Acts
In other words, the Regulation may only supplement the Labour Migration and Labour Mobility Law and clarify how the Law should be applied. It cannot contradict the Law or introduce new requirements that are not provided for in the Law.
But the regulation, among other things, puts forward a new requirement, not mentioned in the Law, namely the knowledge of Bulgarian language:
For the issuance of a permit to carry out freelance activity under Article 44, par. 1 of the Labour Migration and Labour Mobility Law, a third-country national wishing to work as a freelancer shall submit to the Employment Agency:
art. 28, par. 1, p. 7 of the Regulations for the implementation of the Labour Migration and Labour Mobility Law
- a document certifying proficiency in the Bulgarian language at a minimum of level B1 according to the Common European Framework of Reference of the Council of Europe;
The legal contradiction
This requirement clearly and directly contradicts both the Labour Migration and Labour Mobility Law and the Foreigners Law. Neither law requires any Bulgarian language proficiency. The language requirement exists only in the Regulations, yet under the Law on Normative Acts, such a requirement is unlawful, as it contradicts a “higher-ranking normative act”. We even believe the authors of the Regulation knew their requirement was unlawful. Therefore they did not even bother specifying who should be issuing the B1 language certificate.
It is important to note that minor requirements may legitimately be introduced by the Regulation, as it serves to complement the Law. However, any major requirement not provided for in the Law would be unlawful. Without a doubt, proficiency in Bulgarian qualifies as a major requirement. Such a condition would effectively prevent over 99.9% of the world’s population from obtaining a freelance visa in Bulgaria. Moreover, this requirement is highly illogical, as there is no valid reason to expect a foreign freelancer to speak Bulgarian.
Conclusion
All of the above leads us to the conclusion that:
The requirement imposed by the Regulation is therefore unlawful, as it contradicts the Law, which has higher legal authority.
With all that being said, we know that the administration in Bulgaria will continue to follow the unlawful requirement of the Regulation. Those who wish to obtain a freelance visa and residence permit will have a hard time proving their case. Possibly this should be done through the courts. But that’s exactly why we are here – to help our clients fight for their rights. And most importantly – to get what they are entitled to.
For any questions or additional information, please don’t hesitate to contact us.
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