GLOBAL MIGRATION PORTAL

BULGARIA

The Republic of Bulgaria, with its southern border of 752 km, 259 km of which are with Turkey and 493 km with Greece, is situated in the central Balkans and is targeted mainly as a transit corridor for migrants, coming from the Middle East, heading further west. According to an interview of an Iraqi woman in December 2007, reflected in Migration in, from, and to Southeastern Europe:

“ They all use Bulgaria as a transit country to move further west, where conditions are better. They come here, because this is the closest place to Turkey and the smugglers have developed the smuggling routes very well. They all come aided by smugglers.”

On 15th of December 2015, the European Commission presented a legislative proposal for the creation of a European Border and Coast Guard, built on existing structures of Frontex- an autonomous EU Agency based in Warsaw, which aims to promote, coordinate and develop European border management in line with the EU fundamental rights charter and the concept of Integrated Border Management- which functions since October 2016 on the Bulgarian-Turkish border “Kapitan Andreevo”. The purpose is to help manage migration more effectively, improve the internal security of the European Union and safeguard the principle of free movement of persons.

This fact alone is very valuable for Bulgaria, since it contributes to the national defense. The European Border and Coast Guard Agency, which demonstrates its capabilities well, can mobilize up to 1500 personnel, which can be immediately sent to the border. The staff members come from different EU states and are technically well-equipped. In parallel to this, new migration “packages”(measures, guidances, reports) and updated policies of the European Commission provide exchange of more information about aliens, before the latter physically cross the border. The information includes specifications (who enters, with what intentions, personal data), which can be shared among European agencies and institutions and members states.

To add up, EU investment plan “Juncker” foresees equivalent funds for third countries near the European Union borders, the purpose of which is to decrease the possibility of floods of “economic migrants”- which are not a legal classification, but rather an umbrella term for a wide array of people that move from one country to another to advance their economic and professional prospects.

STATISTICS

According to national statistics, dating from 01.01.1993 to 31.01.2017, top 5 countries, from which asylum seekers come to Bulgaria, are Afghanistan (24 310), Syrian A.R. (20 267), Iraq (18 501), Pakistan (2 858) and stateless aliens (2 097).

REGULATIONS AND LAWS

The State Agency for Refugees with the Council of Ministers plays a leading role in the management of the crisis situation in Bulgaria, which cooperates with the "Migration" Directorate and the “Border police” Directorate at the Ministry of Interior. The Agency is managed by a Chairperson who is an executive authority organ entrusted with special competence. He manages, coordinates and controls the implementation of the State policies relating to granting a refugee status and humanitarian status to aliens in the Republic of Bulgaria.

There are 4 Directorates territorial units – Registration-and-reception, Transit and Integration Centers in the Agency.

The transit centers are the territorial units of the Agency for registration, accommodation, medical checks and conducting accelerated procedures for aliens seeking asylum.

The registration – and - reception centers are the territorial units of the Agency for registration, accommodation, medical checks, social and medical assistance and conducting procedures for granting the respective status to aliens, seeking asylum until entry into force of the decision, relating to the application for asylum.

The territorial units are as follows:

1. Registration – and - reception Center in the village of Banya, Nova Zagora Municipality

2. Registration – and - reception Center in Harmanli

3. Registration – and - reception Center in the capital of Sofia

4. Transit Center in the village of Pastrogor, Svilengrad Municipality

According to the Bulgarian Law on Asylum and Refugees, there are four types of special protection, granted in the Republic of Bulgaria: asylum, refugee status, humanitarian status and temporary protection.

Asylum is the protection, granted by the President of the Republic of Bulgaria, to aliens, persecuted for reasons of their convictions or activity in advocating internationally recognized rights and freedoms.

Refugee status in the Republic of Bulgaria is granted by the Chairman of the State Agency for Refugees to an alien who has a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion and/or conviction.

Humanitarian status is granted by the Chairman of the State Agency for Refugees to an alien, forced to leave or to stay outside his country of origin or residence for reasons of threat to his life, security or freedom as a result of violence, arising out of situations such as armed conflicts, or who faces a threat of torture or other forms of inhuman or degrading treatment or punishment. Humanitarian status may also be granted for other humanitarian reasons or on other grounds stipulated in the Bulgarian legislation, as well as on the grounds indicated in the Conclusions of the Executive Committee of the United Nations High Commissioner for Refugees.

Temporary protection is granted by the Council of Ministers for a specific period in the event of mass influx of aliens, who are forced to leave their country of origin or residence as a result of an armed conflict, civil war, foreign aggression, large-scale violations of human rights or violence in the territory of the relevant country or in a specific area thereof and who, for those reasons, cannot return there.

The applications for asylum, refugee status and humanitarian status are granted on the basis of the individual examination. As regards temporary protection, every member of the group is considered at first sight a refugee.

The aliens in the Republic of Bulgaria who have been granted asylum or refugee status have equal rights and obligations.

A recognized refugee acquires the rights and obligations of a Bulgarian national with the exception of: the right to participate in general and municipal elections, in national and regional referendum, as well as to participate in the establishment of political parties and be a member of such parties; to hold positions for which Bulgarian nationality is required by law; to be a member of the armed forces; other restrictions explicitly laid down by law.

A recognized refugee has the right to request family reunification on the territory of the Republic of Bulgaria. Permission for family reunification is granted by the Chairman of the State Agency for Refugees.

Any alien with humanitarian status has the same rights and obligations as an alien holding a permanent residence permit in the Republic of Bulgaria.

A recognized refugee or an alien with humanitarian status have the right to an identity card and to a foreign travel certificate, which is issued under the conditions and procedure laid down in the 1951 Convention relating to the Status of Refugees, the Law on Bulgarian Identity Documents, and the Law on Asylum and Refugees.

Aliens with respect to whom a temporary protection has been granted have the right: to reside in the country for the entire duration of the temporary protection; to an identity document; to social security contributions; to food, shelter and clothing, work, medical care and services under the procedure and conditions set in the act whereby temporary protection is granted.

In Bulgaria there are three laws, related to the foreigners, migrants and refugees:

1.    The Foreigners in the Republic of Bulgaria Act

2.    The Law on Asylum and Refugees

3.    The Law on labor migration and labor mobility

 

OPPORTUNITIES ON THE LABOR MARKET

According to the Law on labor migration and labor mobility, these are the possibilities for foreign migrants to get documents in Bulgaria for staying and working:

1.   A third country citizen is granted access to the labor market:

• Where there is an employment contract with a local employer;

• When the person is sent on a business trip or sent for provision of public services in the Republic of Bulgaria;

• Has moved on a corporate transfer or operates as a freelancer.

2.   Access to the labor market of aliens workers are allowed for positions for which the law does not require Bulgarian citizenship:

-     According to the conditions, development and public interests of the Bulgarian labor market, following a preliminary study by the employer;

-     Provided that in the preceding 12 months, the total number of employees of the local employer, foreigners do not exceed 10 percent of the average number of payroll employed Bulgarian citizens who are nationals of countries - members of the European Union, or other countries party to the Agreement on the European Economic Area and Swiss Confederation;

-     When the proposed conditions of work and pay are no more favorable than those of Bulgarian citizens from the labor category.

3.   Do not require authorization under for workers aliens:

-     Which have permission for long-term or permanent residence in Bulgaria and for members of their families;

-     With granted asylum or international protection in the Republic of Bulgaria (refugee or humanitarian status), under the Law on Asylum and Refugees;

-     For which this is provided for in international treaties to which Bulgaria is a party;

-     Benefiting from rights under Art. 29, para. 3 of the Law on Asylum and Refugees;

-     Asylum or international protection seekers - for labor activities organized in the centers of the State Agency for Refugees at the Council of Ministers;

-     Benefiting from rights under Art. 44a para. 4 of the Law on Foreigners in the Republic of Bulgaria – until the realization of the expulsion.

EXAMPLES OF THE TYPE OF WORK MIGRANTS CAN DO WITHIN BULGARIA:

Migrants succeed in international call centers, according to observation experts, who work with them. Another place they apply their skills are translation agencies services and language training.

Usually these are places that look for specific languages or command of more than one language.

Female migrants and refugees are the more vulnerable group in the labor market. Observations show that, unlike Germany, in Bulgaria there are rarely women immigrants with low skills. The problem is, that they have diplomas, which in most cases are not recognized. As a result they are pushed into working jobs they are overqualified for and not continuing the work they did in their own countries. There is an example of a woman, who had a successful business in Syria, but once they came to Bulgaria became a teacher of English. They managed to integrate into society and gain a good salary, but not exercising their profession.

For women with lower skills the issue they face is becoming long-term economically inactive, therefore losing touch with the labor market.

These are also women whose homes and children are cared for. They are also supporting their children with personal lessons. They have practical skills that they never mention during an interview. For example, if a woman has five younger sisters, who are cared for - that indicates her ability to watch children.

Practical aspects of employment and vocational training of aliens who have been granted refugee or humanitarian status in the Republic of Bulgaria by the Ministry of Labour and Social Policy sets out practical aspects of employment and vocational training of aliens, who seek or have been granted protection, and problems in the area of employment and vocational training of aliens, who have been granted refugee or humanitarian status.