FOREIGNERS IN THE REPUBLIC OF BULGARIA ACT
Prom.
SG. 153/23 Dec 1998, amend. SG. 70/6 Aug 1999, amend. SG. 42/27 Apr 2001,
amend. SG. 112/29 Dec 2001, amend. SG. 45/30 Apr 2002, amend. SG. 54/31 May
2002, amend. SG. 37/22 Apr 2003, amend. SG. 103/25 Nov 2003, amend. SG. 37/4
May 2004, amend. SG. 70/10 Aug 2004, amend. SG. 11/1 Feb 2005, amend. SG. 63/2
Aug 2005, amend. SG. 88/4 Nov 2005, amend. SG. 30/11 Apr 2006, amend. SG. 82/10
Oct 2006, amend. SG. 11/2 Feb 2007, amend. SG. 29/6 Apr 2007, amend. SG. 52/29
Jun 2007, amend. SG. 63/3 Aug 2007, amend. SG. 109/20 Dec 2007, amend. SG. 13/8
Feb 2008, amend. SG. 26/7 Mar 2008, amend. SG. 28/14 Mar 2008, amend. SG. 69/5
Aug 2008, amend. SG. 12/13 Feb 2009, amend. SG. 32/28 Apr 2009, amend. SG.
36/15 May 2009, amend. SG. 74/15 Sep 2009, amend. SG. 82/16 Oct 2009, amend.
SG. 93/24 Nov 2009, amend. SG. 103/29 Dec 2009, amend. SG. 73/17 Sep 2010,
amend. SG. 9/28 Jan 2011, amend. SG. 43/7 Jun 2011, amend. SG. 21/13 Mar 2012,
amend. SG. 44/12 Jun 2012, amend. SG. 16/19 Feb 2013, amend. SG. 23/8 Mar 2013,
amend. SG. 52/14 Jun 2013, amend. SG. 68/2 Aug 2013, amend. SG. 70/9 Aug 2013,
amend. SG. 108/17 Dec 2013, amend. SG. 53/27 Jun 2014, amend. and suppl. SG.
14/20 Feb 2015, amend. SG. 79/13 Oct 2015, amend. and suppl. SG. 80/16 Oct
2015, amend. SG. 15/23 Feb 2016, amend. and suppl. SG. 33/26 Apr 2016, amend.
and suppl. SG. 97/6 Dec 2016, amend. and suppl. SG. 101/20 Dec 2016, suppl. SG.
103/27 Dec 2016, amend. and suppl. SG. 97/5 Dec 2017, suppl. SG. 14/13 Feb
2018, amend. and suppl. SG. 24/16 Mar 2018, amend. SG. 56/6 Jul 2018, amend.
SG. 77/18 Sep 2018, amend. SG. 1/3 Jan 2019
Chapter one.
GENERAL PROVISIONS
Art. 1. (amend. – SG 29/07) (1) This
Act shall establish the terms and the procedure under which foreigners may
enter, reside and leave the Republic of Bulgaria.
(2) This Act shall also apply to
family members of Bulgarian citizens, who aren’t citizens of a Member State of
the European Union or of a state, party to the Agreement on European Economic
Area, or of the Swiss Confederation.
(3) (suppl. - SG 97/16) The terms
and the procedure under which the citizens of other Member States of the
European Union, and their family members, as well as the nationals of states,
party to the Agreement on European Economic Area and of the Swiss Confederation
and their family members enter, reside and leave the Republic of Bulgaria,
shall be determined by the Act On Entering, Residing And Leaving The Republic
Of Bulgaria By European Union Citizens, Who Are Not Bulgarian Citizens And
Their Family Members.
Art. 2. (amend. – SG 29/07) (1)
(amend. - SG 36/09) A foreigner within the meaning of this Act shall be any
person who is not a Bulgarian citizen.
(2) (new – SG 9/2011, amend. - SG
97/16) Foreigner shall also be the stateless person - a person who is not
considered a citizen by any state according to its legislation.
(3) Family members of a foreigner
shall be persons who live with him in one household and who are:
1. a spouse;
2. children of the foreigner and of his/her
spouse, including the adopted children, who are not of age of 18 years and are
not in matrimony;
3. children of the foreigner,
including the adopted children, who are not of age of 18 years and are not in
matrimony, in the cases where he/she is entitled to the parental rights and the
children are on alimony provided by him/her;
4. children of his/her spouse,
including the adopted children, who are not of age of 18 years and are not in
matrimony.
(4) (new – SG 9/2011; amend. and
suppl. – SG 23/13) As family members shall also be considered the children of a
foreigner or his/her spouse, who have turned 18 years age and who have not
concluded matrimony in the cases where significant medical reasons require
personal care for them or they are unable to provide for themselves due to the
same reasons.
(5) (new – SG 9/2011) In the cases
where the foreigner already has a spouse, who lives with him/her on the
territory of the Republic of Bulgaria, union of the family with another spouse
shall be forbidden.
(6) (previous Para 2 – SG 9/2011;
amend. – SG 23/13) Members of the family of a Bulgarian citizen shall be the
persons, living together with him/her in one household and are:
1. a spouse;
2. relatives of descending line,
including in case they are descendents only of the person under item 1, who
haven’t turned twenty-one years of age and have not entered into a marriage;
3. relatives of descending line,
including in case they are descendents only of the person under item 1, who
have turned twenty-one years of age, but do not have income of their own for
they are not in a condition to provide their maintenance or serious health
reasons enforce the Bulgarian citizen to take personal care of them;
4. (amend. – SG 9/2011) relatives of
ascending line to whom the Bulgarian citizen or the person under item 1
provides maintenance;
5. (amend. – SG 23/13) other members
of his/her household, who have been at his/her support entirely in the state of
their origin or in the state of their customary residence or serious health reasons
require the Bulgarian citizen to take personal care of them.
Art. 3. (1) The foreigners in the
Republic of Bulgaria shall have all rights and obligations according to the
Bulgarian laws and the ratified international agreements to which the Republic
of Bulgaria is a party except these for which Bulgarian citizenship is
required.
(2) (amend. – SG 29/07) With regards
to foreigners accredited as members of diplomatic and consular representations,
as well as representations of international organisations in the Republic of
Bulgaria, who enjoy immunity and privileges, applied shall be universally
accepted norms of diplomatic and consular law and the international agreements,
to which the Republic of Bulgaria is a party.
Art. 4. The foreigners staying in
the Republic of Bulgaria shall be obliged to observe the laws and the
established legal order, to be loyal to the Bulgarian state and not to derogate
the prestige and dignity of the Bulgarian people.
Art. 5. (revoked – SG 29/07)
Art. 6. (amend. - SG 97/16)
Foreigners who are on territory under the sovereignty of the Republic of
Bulgaria shall bear civil, administrative and criminal liability as do the
Bulgarian citizens, insofar as a special act, an international treaty or the
norms of customary international law do not provide otherwise.
Art. 7. (amend. SG 54/02; amend. -
SG 80/15, in force from 16.10.2015) The terms and the procedure for providing
protection to foreigners in the territory of the Republic of Bulgaria shall be
set out in a special Act.
Art. 7a. (New - SG 97/17, in force
from 06.06.2018) Unaccompanied minors and persons under age shall be
represented in the proceedings under this act by the "Social
Assistance" Directorate at their place of residence.
Chapter two.
ENTRY AND AIRPORT TRANSIT ARRANGEMENTS (Title amend. – SG 29/07)
Art. 8. (amend. – SG 29/07) (1)
(amend. - SG 97/16) A foreigner may enter in the Republic of Bulgaria if he/she
holds a valid passport or a document for travelling substituting it, as well as
a visa, in case such is required.
(2) (suppl. – SG 9/2011) Visas shall
not be required in case this is provided in Council Regulation (EC) No 539/2001
of 15 March 2001, in other acts of the European Union with binding effect, in
an international agreement, to which the Republic of Bulgaria is a party, or in
act of the Council of Ministers.
(3) amend. – SG 9/2011) Visas shall
not be required also in the cases where the foreigner has a valid permit for
extended, long-term or permanent residence.
(4) (new - SG 9/11) Following the
acceptance and approval of an application for family reunion, the family
members shall be issued with visas under a simplified procedure under the terms
and conditions, set by an act of the Council of Ministers.
Art. 8a. (new – SG 29/07) (1) A
foreigner, who is not a family member of a Bulgarian citizen, may enter the
territory of the Republic of Bulgaria with a passport and a visa, in case such
is required. A visa shall be issued under terms and following a procedure, determined
by the Council of Ministers, without paying taxes for processing the documents
and issuing the visa.
(2) Visas shall not be required in
case a foreigner – member of the family of a Bulgarian citizen, has a residence
card of a member of the family of a European Union citizen, issued in:
1. the Republic of Bulgaria, if the
grounds of issue thereof have dropped out;
2. another Member State of the
European Union, in case he/she escorts or joins a Bulgarian citizen.
(3) (revoked - SG 97/16)
(4) (amend. - SG 97/16, amend. - SG
77/18, in force from 01.01.2019) Border control authorities shall not allow
entry into the territory of the Republic of Bulgaria to a person who claims
grounds for entry as a member of the family of a Bulgarian citizen, but who has
not proved this within a reasonable period of time with a document under par. 2
or with other respective document. The refusal shall be motivated and be
subject to appeal under the Art. 46.
Art. 9. (Amend., SG 42/01; amend. –
SG 29/07; amend. – SG 9/2011, amend. - SG 97/16) The visa shall be an
authorisation for entry and stay or airport transit.
Art. 9a. (new – SG 29/07) (1)
(revoked - SG 97/16)
(2) The types of visas are:
1. airport transit visa (Category
A);
2. (revoked – SG 9/2011);
3. short-stay visa (Category C);
4. long-stay visa (Category D).
(3) (suppl. – SG 103/09; revoked –
SG 9/2011)
(4) (revoked – SG 9/2011)
(5) (new – SG 103/09; revoked – SG
9/2011)
Art. 9b. (new – SG 29/07) (1)
(amend. - SG 97/16) The visa shall be issued by customizing a visa sticker
according to a European Union format.
(2) The data, entered in the visa
sticker, may not be changed.
Art. 9c. (new – SG 29/07) (1)
(amend. - SG 97/16) The visa sticker shall be affixed in a valid passport or
other valid document for travelling substituting it and acknowledged by the
Republic of Bulgaria.
(2) (amend. - SG 97/16) When the
foreigner has a passport or a document for travelling substituting it, which is
not acknowledged by the Republic of Bulgaria, the visa sticker may be placed on
a form for affixing visas according to a unified European Union format which
has been confirmed by an act of the Council of Ministers.
(3) (amend. – SG 93/09, in force
from 25.12.2009; suppl. - SG 54/02; suppl. – SG 23/13) The Ministry of Interior,
coordinated with the Ministry of Foreign Affairs and the Ministry of Transport,
Information Technology and Communications shall keep and update a list of the
documents for travelling abroad, issued by states, international organisations,
as well as by other subjects of the international public law, where may be
placed visa sticker, and which entitle the foreigner to enter the territory of
the Republic of Bulgaria. The terms and the procedure for coordination of the
national position of the Republic of Bulgaria in relation to recognition or
non-recognition of travel documents shall be defined by a regulation of the
Council of Ministers.
(4) (amend. - SG 97/16) The terms
and procedure for printing, storing, affixing, invalidation, discarding and
destruction of visa stickers and of forms for placement of visas shall be
determined by an act of the Council of Ministers.
Art. 9d. (amend. - SG 97/16) (1)
Officials authorized by the head of the respective structure in the Ministry of
Foreign Affairs, in diplomatic and consular missions of the Republic of
Bulgaria abroad and in border control authorities, may decide to issue, to
refuse to issue, to cancel and revoke visas, and in the offices for
administrative control of foreigners - to cancel and revoke visas, under
conditions and procedures specified by the ordinance under Art. 9e, Para. 1.
(2) Subject to the order established
in the International Treaties of the Republic of Bulgaria Act may be concluded
bilateral and multilateral agreements on representation to accept and process
visa applications and on exchange of personal data in connection therewith.
(3) The Minister of Foreign Affairs
or an empowered by him/her official may enter into a cooperation agreement with
a contractor on representation for accepting and processing visa applications
and processing of personal data subject to protection of personal data
provisions, under conditions and procedures specified by the ordinance of Art.
9f, Para. 1.
(4) The diplomatic and consular
missions may co-operate with commercial intermediaries based on accreditation,
which shall be awarded under terms and conditions determined by the ordinance
under Art. 9f, para. 1, for accepting and processing visa applications, except
for the collection of biometric data.
Art. 9e. (new – SG 29/07; amend. and
suppl. – SG 9/2011, amend. - SG 97/16) As an exception, where this is required
by the state interest, due to extraordinary circumstances or on humanitarian
grounds, the border control authorities at border checkpoints may issue single
entry visas for short stays with validity and length of stay of up to 15 days.
About the issued visas the State Agency for National Security shall be informed
immediately.
Art. 9f. (new – SG 29/07; amend. –
SG 23/13) (1) (amend. - SG 97/16) The terms and procedure for issuance, refusal
to issue, cancellation and revocation of visas and for determining the visa
regime shall be determined by an ordinance of the Council of Ministers.
(2) The terms and the procedure for
coordination of applications for visas shall be defined by an instruction of
Minister of Foreign Affairs, the Minister of Interior and the Chairperson of
State Agency for National Security.
Art. 9g (new – SG 9/2011) (1) (amend.
- SG 97/16) To have a visa issued, the applicant shall submit a completed and
signed application form, attaching to it documents proving the purpose of the
journey. The visa issuance application forms shall be determined with the
ordinance of Art. 9f, para. 1.
(2) (amend. - SG 97/16) The
deadlines for submitting applications for visa issuance shall be determined
with the ordinance of Art. 9f, para. 1.
(3) (amend. - SG 97/16) When
submitting a visa application, personal data, including biometric data shall be
collected and processed. The procedure for collecting the data shall be
determined with the ordinance of Art. 9f, para. 1.
(4) (suppl. - SG 97/16) The
following applicants shall be exempt from the requirement to provide
fingerprints when submitting visa applications for airport transit visas and
for short-term stay:
1. children under 12 years;
2. persons, for whom fingerprinting
is physically impossible; if fingerprinting of fewer than 10 fingers is
possible, the respective number of fingerprints is taken; if fingerprinting is
temporarily impossibility, the applicant is required to give fingerprints at a
following application;
3. (amend. - SG 97/16) state or
government heads and members of the national government and their accompanying
spouses, as well as members of their official delegation when invited by the
governments of Member States or by international organizations;
4. royalty and other senior members
of the royal family when invited by the governments of Member States or by
international organizations for an official purpose.
(5) (New - SG 97/16) Exempt from the
requirement to provide fingerprints when submitting visa applications for
long-term stay shall be:
1. children up to 12 years;
2. persons, for whom the taking of
fingerprints is physically impossible; if fingerprinting from less than 10
fingers is possible, than the possible number of fingerprints shall be taken;
if fingerprinting is temporarily impossibility, the applicant is required to
give fingerprints at a following application;
3. persons appointed as heads of
diplomatic or consular missions accredited for the Republic of Bulgaria, or as
heads of headquarters of international organizations in the territory of the
country - where so provided in an international agreement or under conditions
of reciprocity;
4. members of the diplomatic staff
of diplomatic missions and of consular staff of consular missions accredited
for the Republic of Bulgaria - where so provided in an international agreement
or under conditions of reciprocity;
5. staff members of the headquarters
of international organizations in the country when they enjoy diplomatic
immunity under international treaty.
(6) (prev. para. 5, amend. and
suppl. - SG 97/16) Aside from the competent authorities for visa issuance, the
data in the visa information system may be used for the purposes of border
controls, the administrative control of foreigners, granting asylum and by the
authorized competent national authorities of the Republic of Bulgaria or of
another Member - State of the European Union, for the prevention, detection and
investigation of terrorist acts and crimes, as defined in Art. 36, para. 1 of
the Extradition and European Arrest Warrant Act. Procedure of data access shall
be determined by an act of the Council of Ministers.
(7) (new - SG 23/13, previous para.
6, amend. - SG 97/16) The regulations regarding the operation of the national
visa information system shall be defined by an instruction of the Minister of
Foreign Affairs.
Art. 9h. (new – SG 9/2011, amend. -
SG 97/16) (1) When the visa applicant has not presented a valid passport or a
valid document for travel substituting it, or has refused to have his biometric
data collected, or the visa fee has not been paid, the application for visa
issuance shall be inadmissible.
(2) In the cases under par. 1, the
diplomatic or consular mission shall immediately return the application, shall
return the paid visa fee and the documents attached to the application, and
shall destroy the collected biometric data.
(3) Before deciding on an
application for a visa issuance, the authorized officials shall have the right
to require additional data and documents from the visa applicants, with which
the latter to justify their stated purpose of travel, and shall be obliged to
carry out the necessary checks of the requested data.
(4) As an exception, when the
requirements of para. 1 have not been met, the application may be considered
admissible due to reasons of humanitarian nature or where it is imposed by the
interest of the State.
(5) The accepted application for
visa issuance and the attached documents certifying the purpose of the travel,
shall not create an obligation to issue a visa.
Art. 10. (1) The issuing of visa and
entering in the country shall be refused to a foreigner when:
1. (suppl. – SG 29/07, amend. and
suppl. - SG 97/16) with his activities he has put or could put in danger the
international relations, the security or the interests of the Bulgarian State
or about whom there are data that he acts against the national security;
1a. (new - SG 101/16, in force from
20.12.2016) there are data that he commits, abets, participates in the
preparation, aid or training for performing a terrorist activity or that
purpose of entry is to use the country as a transit point to a third country in
whose territory to carry out these actions;
2. (suppl. – SG 9/2011) with his
activities he has discredited the Bulgarian state or has derogated the prestige
and the dignity of the Bulgarian people or by his entrance in the cou8ntry
relations of the Republic of Bulgaria with another country could be harmed;
3. (amend. – SG 11/07; amend. – SG
73/10, in force from 17.09.2010; amend. - SG 101/16, in force from 20.12.2016)
there are data that he is a member of a criminal group or organisation or that
he implements smuggling and illegal transactions with arms, explosives,
ammunitions, pyrotechnical products, strategic raw materials, products and
technologies with double use as well as illegal traffic of anaesthetic and
psychotropic substances and precursors and raw materials for their production;
4. there are data that he implements
trade with people and illegal bringing persons in the country and bringing out
of the country persons to other states;
5. he has been expelled from the
Republic of Bulgaria sooner than 10 years ago and has not restored in 6 months
term after the expel the funds spent for this by the country;
6. (amend. – SG 9/2011) he is
sentenced for a committed premeditated crime on the territory of the Republic
of Bulgaria which according to the Bulgarian law is sanctioned with a
punishment of more than 1 year imprisonment;
7. (amend. – SG 29/07) he has made
an attempt to enter the country or to pass through it using false or forged
documents, visa or residence permit;
8. it could be supposed that he will
disseminate grave infectious disease, suffers from a disease which according to
the criteria of the Ministry of health or the World Health Organisation
represents a threat for public health or when he does not have a certificate
for vaccination, or comes from a region with complicated epidemic or epizootic
situation;
9. he has no ensured maintenance and
the necessary obligatory insurances during the stay in the country and funds
ensuring opportunity for returning back;
10. (amend. - SG 97/16) there are
findings that in the last two years he has breached the border regime, the
passport - visa, the currency or the customs regime of the Republic of
Bulgaria;
11. at previous stay he has breached
the labour or tax legislation of the country;
12. he has no visas or tickets for
the following countries along the route;
13. (amend. - SG 97/16) to the
person has been imposed compulsory administrative measure not to enter the
country;
14. (amend., SG 42/01; amend. – SG
9/2011) he is included in the informational massif of the unwelcome foreigners
in the country;
15. (New - SG 42/01; revoked - SG
97/16)
16. (new – SG 29/07, amend. - SG
97/16) applies for a visa with an invalid passport or a document for travelling
substituting it.
17. (new – SG 9/11, amend. and
suppl. - SG 97/16) he/she does not prove with credibility the purpose and
conditions of the requested stay or transit or airport transit;
18. (new – SG 9/11, amend. - SG
97/16) has already stayed on the territory of the Republic of Bulgaria for 90
days within the last 180 days as a holder of a visa for short-stay or under a
visa-free regime for short stays;
19. (*) (new – SG 9/11) is a person,
about who a signal into the Schengen Information System for refusal of
permission of entrance has been entered.
20. (new – SG 9/2011) in case of a
previous stay in the country, the person have been committing breaches of the
public order systematically;
21. (new – SG 9/11) indications
exists, that the purpose of the crossing the border is to stay in the country
as an immigrant without the needed for this special permission;
22. (new – SG 9/11) data exists,
that the purpose of his/her entry is to use the country as an transit point for
immigration to a third country;
23. (new – SG 43/11, in force from
15.06.2011) has submitted a document containing false information or declared
false data;
24. (new – SG 23/13, amend. - SG
97/16) there are reasonable doubts about the authenticity of the attachments to
the visa, the veracity of their contents, the reliability of the statements by
the foreigner or his/her intention to leave the country within the term allowed
for the stay.
25. (new - SG 97/16) the person has
been imposed compulsory administrative measure under Art. 41, unless voluntary
return has been permitted.
(2) (amend. – SG 9/11) In the cases
of Para 1, issuance of a visa or of a permission to enter the territory of the
Republic of Bulgaria may be done due to humanitarian reasons or where the State
interest or execution of international obligations enforce so.
(3) (new – SG 9/11, revoked - SG
97/16)
Art. 10a. (New - SG 97/16) (1)
Refusals to issue visas may be appealed under the Administrative Procedure Code
with regard to their legitimacy.
(2) In deciding to refuse a visa,
the authorized officials shall be required to notify the applicant in writing
about the legal grounds and their motivation for such decision.
(3) The grounds for refusal to issue
visas under Art. 10, para. 1, items 1-3, and also when disclosure of data and
circumstances, based on which the decision was taken, affect or are likely to
affect directly the foreign policy and international relations of the Republic
of Bulgaria or the national security, shall be specified in a separate document
prepared by the relevant authorities. If this document contains classified
information, it shall be drawn under the Protection Of Classified Information
Act.
(4) Refusal to issue visas under
Art. 9a, para. 2, item 4 shall not be subject to appeal in court unless the
person is claiming infringement of fundamental rights and freedoms under the
European Convention on Human Rights.
Art. 11. (suppl. – SG 29/07; revoked
– SG 9/11)
Art. 12. (amend. – SG 29/07) (1)
(amend. - SG 97/16) Airport transit visa may be issued to a foreigner who
intends to arrive with an aircraft from one state and stays in the
international transit zone at an airport, in the Republic of Bulgaria with the
purpose to continue his/her trip by the next flight along the route for another
state.
(2) A foreigner travelling with an
airport transit visa shall be considered as not admitted on the territory of
the Republic of Bulgaria.
Art. 13. (Amend., SG 42/01; amend. –
SG 29/07; revoked. – SG 9/11)
Art. 14. (Amend., SG 42/01; amend. –
SG 29/07; amend. – SG 9/11) (1) (amend. - SG 97/16) A short-stay visa may be
issued to a foreigner who intends to pass transit through the territory of the
Republic of Bulgaria or to stay short-term on the territory for a period of up
to 90 days within 180 days.
(2) (amend. - SG 97/16) The
short-stay visa for transit shall entitle the holder to enter the territory of
the Republic of Bulgaria and to leave it within 48 hours on the road from one
state to another, unless provisions of an international treaty or European
Union law, which are in force and are applied by the Republic of Bulgaria, do
not provide otherwise.
(3) (revoked - SG 97/16)
(4) (suppl. - SG 97/16) The
short-stay visa may be valid for up to 5 years and may be issued for one, two
or multiple entries.
(5) (amend. - SG 97/16) Regardless
of the data declared with the visa application, based on the results of
performed checks and the risk assessment, the authorized officials shall have
the right to determine shorter validity terms of visas and duration of
authorized stay.
Art. 14a. (New, SG 42/01; revoked –
SG 103/09, new - SG 97/17) (1) A short-stay visa may also be issued to a
foreigner who wishes to do seasonal work under the conditions of Art. 24k.
(2) In the cases under Para. 1, on
the visa sticker shall be indicated that it was issued for seasonal work.
Art. 15. (amend. – SG 29/07) (1)
(suppl. – SG 9/11; suppl. – SG 21/12, amend. - SG 97/16) Long-stay visa with a
validity term of up to 6 months and with right to stay for up to 180 days may
be issued to a foreigner who wishes to obtain permit for continuous, long-term
or permanent residence in the Republic of Bulgaria based on one of the grounds,
specified in this act.
(2) (suppl. – SG 16/13, amend. - SG
97/16) Long-stay visas with a validity term of up to one year and with right of
stay for up to 360 days may be issued when this is stipulated in the ordinance
of Art. 9f, para. 1.
(3) A long-stay visa shall entitle
the foreigner to repeated entry in the territory of the Republic of Bulgaria
within the validity term thereof.
(4) (amend. and suppl. - SG 97/16) A
long-stay visa under Para. 1 shall be invalidated at issuing a residence permit
by the services for administrative control of foreigners, while when issuing a
card under Art. 23a – by the Ministry of Foreign Affairs.
Art. 16. (amend. – SG 29/07) (1) The
possession of a visa cannot be the only ground to enter and stay in the
Republic of Bulgaria.
(2) (amend. – SG 9/11) The bodies of
border control shall not admit entry in the Republic of Bulgaria of a
foreigner, who has a visa, in the cases referred to in Art. 10 , Para 1 or in
the event of non-fulfilment of the requirements of Art. 19.
(3) The bodies of border control
shall provide a foreigner, to whom has been refused entry, with unified form
according to European Union model, in which are reflected the reasons for
his/her non-admission in the territory of the state. The model of the form
shall be approved by an act of the Council of Ministers.
(4) The bodies of border control and
the services for administrative control of foreigners shall be able to cancel
an issued visa, to reduce the number of permitted entries or the term for stay
in the event of non-fulfilment of the requirements under this Act following the
procedure, determined by an act of the Council of Ministers. In these cases the
Ministry of Foreign Affairs shall be notified immediately.
(5) (amend. - SG 97/16) The Ministry
of Foreign Affairs and the diplomatic and consular representations shall be
able to cancel an issued visa, to reduce the number of permitted entries or the
term for stay in the event of non-fulfilment of the requirements under this Act
following the procedure, determined by the ordinance of Art. 9f, Para. 1.
Art. 17. (amend. – SG 29/07) (1) The
foreigners shall enter in the Republic of Bulgaria and exit its territory only
through the border-crossing checkpoints, determined by an act of the Council of
Ministers or in international agreement.
(2) A foreigner who holds more than
one personal document for travelling abroad and identity document or carries
such documents of another person, shall be obliged to announce them before the
bodies of border control.
(3) A foreigner who has more than
one citizenship shall be obliged to declare before the bodies for border
control the citizenship which he will resort to during the stay in the Republic
of Bulgaria and to certify this with a valid document for travel abroad from
the country which citizenship he has declared.
(4) A foreigner who holds more than
one valid document for travelling abroad shall be obliged to leave the country
with the document with which he has entered.
(5) (amend. - SG 97/16) The bodies
of border control and the services for administrative control of foreigners can
take biometric data for the purpose of checking the asserted identity of the
foreigner or establishing their actual identity.
(6) (amend. - SG 97/16) Upon
entering and leaving the territory of the Republic of Bulgaria the border
control authorities shall stamp the passport of the foreigner or the document
for travelling substituting it.
Art. 18. (Amend., SG 42/01, amend.,
SG 63/05 – in force from 01.01.06) (1)At entering in the Republic of Bulgaria,
the foreigner shall declare the purpose of his/her visit and shall point out in
written his/her address where he/she will stay fulfilling an address card form,
approved by the Minister of Interior.
(2) (suppl. - SG 97/16) The
accredited foreigners as members of foreign diplomatic, consular and trade-representative
offices, as well as of representative offices of intergovernmental
organizations in the Republic of Bulgaria, shall be registered at the Ministry
of Foreign Affairs under the terms and conditions, set out in an international
treaty, an act or in an act of the Council of Ministers.
(3) (amend. – SG 29/07) The
foreigners who pass transit through the territory of the Republic of Bulgaria
shall not fulfil address cards.
Art. 19. (amend. – SG 29/07) (1) A
foreigner who enters in the Republic of Bulgaria or passes transit through its
territory, depending on the purpose of the travelling, shall hold:
1. (amend. - SG 97/16) a valid
passport or a document for travelling substituting it, as well as a visa, where
necessary;
2. sufficient resources for
providing his/her maintenance according to the duration and the conditions of
the stay in the Republic of Bulgaria, as well as for returning in the state of
their permanent residence or for passing through the Republic of Bulgaria;
3. (suppl. – SG 9/11) health
insurance and other insurances, in the cases where such are required;
4. invitation in a form, where such
is required;
5. (suppl. – SG 23/13) other
documents, proving the purpose of the travelling and the conditions of intended
stay.
(2) (amend. - SG 97/16) The extent
of the financial resources of para 1, item 2, the minimum insurance amounts and
the insurance risks covered under para 1, item 3, the form of the invitation
and the documents referred to in para 1, item 5 shall be determined with the
ordinance of Art. 9f, Para. 1.
Art. 20. (Amend., SG 42/01; amend.,
SG 37/03) (1) (amend. – SG 29/07) A carrier transporting by land, air or sea to
and/or from the Republic of Bulgaria foreigners, before performing the service,
shall be obliged to establish:
1. (amend. - SG 97/16) the existence
and validity of the travel document and of the visa, if required, and whether
they contain obvious corrections, cancellations, deletions, additions and
others in the data, traces of image replacement, and whether the image in the
picture allows for the identification of the holder;
2. the presence of visas for the
state/states which the persons wish to visit or through which they wish to
pass, if so required, in the cases of airport transit or transit passing
through the territory of the Republic of Bulgaria.
(2) (amend. - SG 97/16) In the cases
when a foreigner is refused entry in the Republic of Bulgaria, the carrier who
has transported the foreigner shall be obliged, on request of the bodies of
border control to return him, for his account, to the country from which he has
been transported, to the country which has issued the travel document by which
the foreigner has arrived, or to another country where he would be admitted. If
the return cannot be completed immediately the expenses related to the stay of
the foreigner shall be for the account of the carrier.
(3) The carrier shall also be
obliged to return, for his account by the order of para 2, a foreigner passing
in transit the Republic of Bulgaria and the subsequent carrier refuses to
transport him to the country of destination.
(4) The provisions of para 2 and 3
shall apply respectively regarding a foreigner sent back to the Republic of
Bulgaria, who has passed the country in transit.
Art. 20a. (new – SG 63/07; revoked -
SG 15/16)
Art. 20b. (New - SG 97/16) If
necessary and under the International Treaties of the Republic of Bulgaria Act,
agreements may be concluded with the competent authorities of other countries
on the sending and receiving of experts in the field of travel documents’
security and to carry out checks at airports in the territories of the
contractual parties of the travel documents of passengers of international
flights.
Art. 20c. (new - SG 103/16) (1)
Border control authorities and services for administrative control of
foreigners may conduct an interview with entered the territory of the Republic
of Bulgaria foreigners in order to implement control activities.
(2) For the interview a protocol
shall be drawn up.
(3) The interview may be conducted
by other authorities under a procedure, established by law.
Art. 21. (1) a foreigner who with a
transport means enters, stays or passes transit the country on road, in the air
or on water must have:
1. permission for passing of the
transport means when such is required according to the Bulgarian legislation
and the international agreements to which the Republic of Bulgaria is a party;
2. documents certifying the
registration of the transport means;
3. documents certifying the
ownership of the transport means if this is not ascertained in the documents of
item 2;
4. obligatory insurance;
5. documents for driving competence.
(2) Transport means shall not be
admitted to enter in the country if the grounds of para 1, item 1, 4 and 5 are
not at hand.
(3) (Suppl., SG 42/01; amend. – SG
82/06; amend. – SG 29/07) The bodies for border control shall keep the
transport means and the documents if the grounds of para 1, item 2 and 3 are
not fulfilled, about which a record shall be compiled, a copy of which shall be
handed over to the foreigner. The record and the documents shall be sent to the
customs bodies of competence.
(4) A foreigner having valid
documents for entering the country but without such for the transport means of
para 1 shall be admitted to enter the country.
Art. 21a. (New, SG 42/01) (1)
(suppl. – SG 109/07, in force from 01.01.2008; amend. – SG 9/11) The Minister
of Interior, the Minister of Foreign Affairs, the Chairman of State Agency
"National Security" or officials authorised by them can periodically
include foreigners in the informational massif for the unwelcome in the country
foreigners in the presence of the grounds under Art. 10 , Para 1.
(2) (suppl. – SG 109/07, in force
from 01.01.2008) The conditions and the order of maintaining and updating the
informational massif under para 1 shall be determined by the Minister of
Interior, by the Chairman of State Agency "National Security" and by
the Minister of Foreign Affairs.
Chapter two "a".
GRANTING A STATELESS PERSONS STATUS IN THE REPUBLIC OF BULGARIA (NEW - SG
97/16)
Chapter two "a".
GRANTING STATUS OF A STATELESS PERSON IN THE REPUBLIC OF BULGARIA (NEW - SG
97/16)
Art. 21b. (New - SG 97/16) (1)
Stateless persons status may be granted to a foreigner who is not recognized as
a national by any state in accordance with its legislation.
(2) The procedure for granting
stateless persons status shall be determined by this Act and by the regulations
for its implementation.
Art. 21c. (New - SG 97/16) (1)
Proceedings for granting the stateless persons status shall begin with a
written application, submitted personally in the "Migration"
Directorate or in the sector/group "Migration" at the Sofia
Directorate of the Interior and the Regional Directorates of the Ministry of
Interior.
(2) The application of a minor shall
be submitted by the minor’s parents or guardians. The application shall be
submitted by one of the parents only, in case the other parent is deprived of
parental rights.
(3) The application of a minor shall
be submitted in the presence of the minor’s parents or guardians who express
consent by placing their signature on the application. Consent may be expressed
from only one parent when the other is deprived of parental rights.
(4) In the absence of a parent,
guardian or custodian, the application shall be submitted by an order
determined by the implementing regulation of the act.
(5) The application of unaccompanied
minors and underaged persons may also be submitted by a representative of a
non-governmental organization working to protect the rights of vulnerable
groups, or by any other person designated as its representative in accordance
with an act thereof.
(6) Upon submitting the application,
the applicant shall be informed of their rights and obligations in connection
with proceedings under this chapter, and of the consequences of non-compliance
with their obligations.
(7) During the proceedings, the
applicant shall be obliged to cooperate, stating in good faith their position
and presenting all evidence relevant to the examination of their application
which are available or for which there are grounds for believing they are
available to them.
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Art. 21d. (New - SG 97/16) (1) After
establishing all relevant facts and circumstances, the Director of
"Migration" Directorate or a person authorized by him/her shall issue
a decision granting or refusing to grant stateless persons status in the
Republic of Bulgaria.
(2) The decision under par. 1 shall
be taken after conducting an interview with the applicant for stateless persons
status, by an order determined by the implementing regulation of the act.
Art. 21e. (New - SG 97/16) (1) The
Director of the "Migration" Directorate or an official authorized by
them shall issue a decision for refusal when it is established that the
applicant:
1. falls within the scope of Art. 1,
item 2 of the Convention relating to the Status of Stateless Persons, adopted
in New York on September 28, 1954 (ratified by law - SG 11 of 2012) (SG 60 of
2012);
2. has not declared their
citizenship in order to obtain the stateless persons status.
(2) Decision on refusal may also be
issued when it is established that the applicant:
1. has entered the country or
attempted to pass through it not through the established points or using false
or forged documents;
2. has resided illegally on the
territory of the Republic of Bulgaria at the date of submission of the
application;
3. has resided legally and
continuously on the territory of the Republic of Bulgaria less than 5 years
Art. 21f. (New - SG 97/16) The
Director of the "Migration" Directorate or an official authorized by
him/her shall terminate the proceedings when:
1. the applicant dies;
2. the applicant withdraws in
writing their application;
3. the applicant failes to appear
for an interview and fails to provide evidence to show there are good reasons
for this;
4. a formal document establishes
that the data, facts or documents, based on which stateless persons status is
requested, are false;
5. the applicant does not submit,
within the term specified, the required additional data or documents necessary
for the procedure for granting stateless persons status, and fails to show
valid reasons for it
Art. 21g. (New - SG 97/16) The
decision to refuse to grant stateless persons status and to terminate the
proceedings shall be issued and subject to appeal under the terms and
provisions of the Administrative Procedure Code.
Art. 21h. (New - SG 97/16)
Proceedings on granting stateless person status shall be stopped when it is
established that the applicant has submitted an application for international
protection as well.
(2) Proceedings shall be stopped
until the final ruling on the application for international protection with an
effective decision, unless it is possible to determine statelessness without
having to consult the authorities in the country of origin or in the habitual
residence.
(3) In case of a final decision for
refusal, withdrawal or suspension of refugee or humanitarian status or for
termination of international protection procedure, the proceedings for granting
stateless person status may be resumed after the submission of a written
application for it by the applicant.
Art. 21i. (New - SG 97/16) (1) A
person with granted stateless persons status in the Republic of Bulgaria and
issued a permanent or a long-term residence permit in the Republic of Bulgaria
shall be issued an identity document "certificate for traveling abroad of
a stateless person" with a validity of not less than three months and not
more than two years.
(2) In the document under par. 1
shall be noted that it has been issued as per the requirements of the
Convention on the Status of Stateless Persons, adopted in New York on September
28, 1954. On the title page shall be shown the denotation "Convention of
28 September 1954".
(3) The document under para. 1 may
be issued to a person with granted stateless persons status from another
country if there is a residence permit issued to a foreigner as a permanent or
long-term resident in the Republic of Bulgaria and for compelling reasons
proven by an order stipulated by the regulations implementing the act, they can
not renew their travel document in the state which has originally issued it.
Art. 21j. (New - SG 97/16) (1) The
stateless persons status in the Republic of Bulgaria may be withdrawn by the
Director of the "Migration" Directorate or by an official authorized
by them when it is established by documentary evidence that the data, based on
which the status had been granted, are false.
(2) The decision, with which the
stateless person status is withdrawn, shall be issued and subject to appeal
under the terms and provisions of the Administrative Procedure Code.
Chapter three.
STAY OF FOREIGNERS IN THE REPUBLIC OF BULGARIA
Art. 22. (1) The stay of foreigners
in the Republic of Bulgaria shall be admissible on the grounds of:
1. (amend. – SG 29/07, amend. and
suppl. - SG 97/16) a visa pursuant to art. 9a, para 2, items 3 and 4;
2. (amend. and suppl. - SG 97/16)
international agreements or European Union agreements with third countires on
visa free regime;
3. (new - SG 97/16) acts of European
Union law, in force and applied by the Republic of Bulgaria
4. (previous item 3 - SG 97/16) a
permit by the services for administrative control of foreigners.
(2) (amend. – SG 29/07; revoked – SG
23/13) (3) (revoked – SG 23/13)
(4) (new – SG 109/07, in force from
01.01.2008, amend. - SG 97/16) The permission under Para 1, item 4 shall be
issued upon written opinion of State Agency for National Security.
Art. 23. (amend. – SG 9/11) (1)
Foreigners shall reside in the Republic of Bulgaria:
1. (amend. and suppl. – SG 23/13,
amend. - SG 97/16) on a short-term basis - up to 90 days within any 180-day
period from the date of entry into the country;
2. (suppl. - SG 97/17) for an
extended period - with permitted term up to one year, except in the cases
provided for in this Act;
3. on a long-term basis - with
permitted initial time period of 5 years and option for renewal of it after a
submitted application;
4. permanently - with permitted
unlimited term.
(2) (suppl. – SG 23/13, in force
from 01.05.2013) The terms referred to in Para 1, items 1, 2 and 4 shall not
apply to the foreigners who have been granted protection under the Asylum and
Refugees Act.
(3) (new – SG 23/13, revoked - SG
97/16)
(4) (new – SG 23/13, revoked - SG
97/16)
Art. 23a. (New - SG 97/16) (1) Upon
registration under conditions and procedures specified by law or act of the
Council of Ministers, the Ministry of Foreign Affairs shall issue to foreigners
who are members of staff of diplomatic missions or consular representations or
of representations of international organizations accredited in the Republic of
Bulgaria, and members of their families the following:
1. a card as a member of the
diplomatic staff of the diplomatic mission or of an international organization
accredited in the Republic of Bulgaria ("diplomatic card");
2. a card of a consular official in
the consular representation ("consular card");
3. a card of a member of the
administrative and technical staff of a diplomatic nission or a consular
representation or of a representation of an international organization
accredited in the Republic of Bulgaria ("administrative and technical
staff card”);
4. a card of a member of the service
staff of a diplomatic mission or a consular representation or of the
representation of an international organization accredited in the Republic of
Bulgaria ("service card").
(2) Upon registration, the Ministry
of Foreign Affairs shall issue cards to family members of persons under par. 1
of the same type as those of the holders.
(3) Family members of the persons
under par. 1, unless otherwise provided for in bilateral or multilateral international
agreement, shall be the persons who live with the holder in the same household
and are:
1. the wife/husband or registered
partner, with whom the person is cohabiting;
2. descendants, and also only to the
person under item 1, who have not reached the age of 21, are not married and do
not engage in any gainful activity;
3. descendants at the age from 21 to
26, and also only to the person under item 1, who are not married and are
enrolled for a full-time training in a Bulgarian higher education
establishment;
4. descendants over the age of 21,
including only to the person under item1, who do not have their own income,
objectively are unable to provide their own maintenance and serious health
reasons require that the holder take personal care of them;
5. ascending to the holder or to the
person under item 1 who are financially dependent and serious health reasons
require that the holder take personal care of them - under terms of
reciprocity.
(4) The Ministry of Foreign Affairs
shall inform the Ministry of Interior, the Ministry of Finance and the State
Agency for National Security of such completed registrations.
(5) The Ministry of Foreign Affairs
shall keep an electronic record of registrations and issued cards which shall
contain:
1. the names, position and
nationality of the person, to whom the document is issued;
2. the type and number of the
document issued;
3. date of issue and expiry date.
(6) The cards under par. 1 shall be
issued valid for the period of accreditation, but not more than 5 years, and
shall certify the granted privileges and immunities under international law and
the right to multiple enter and residence in the country, unless otherwise
provided for in any international agreement which is in force for the Republic
of Bulgaria or not pursuant from the terms of reciprocity.
(7) The cards under par. 1 shall be
returned at the expiry of the accreditation, in the event of death or declaring
a person as “persona non grata”.
Art. 24. (1) (amend. – SG 29/07) A
long-term residence permit may be granted to foreigners who have a visa under
Art. 15, para 1 and:
1. (Amend., SG 42/01; amend., SG
112/01, suppl. - SG 33/16, in force from 21.05.2016) are willing to work under
legal terms of employment upon permit by the bodies of the Ministry of Labour
and Social Policy under the Labor Migration And Labor Mobility Act;
2. (Amend., SG 42/01; suppl., SG
37/03; suppl. – SG 9/11, amend. - SG 97/16) carry out commercial activity in
the country according to the legally established order, and as a result of this
activity at least 10 full-time positions have been opened for Bulgarian
citizens, maintained for the term of stay, unless agreed otherwise by an
international agreement, ratified, promulgated and enacted in the Republic of
Bulgaria, where the requirement shall apply to each partner separately; the
same conditions shall apply to each manager individually;
3. (revoked – SG 9/11)
4. are foreign specialists staying
in the country by force of international agreements to which the Republic of
Bulgaria is a party;
5. (amend. – SG 29/07; amend. – SG
23/13) have reason to be allowed permanent residence;
6. (Amend., SG 42/01, amend. - SG
97/16) are representatives of foreign commercial companies registered at the
Bulgarian commercial - industrial chamber following an inspection and
assessment of the provided documents on activity and tax regularity of the
company, and on the planned activities of the representation;
7. (suppl., SG 37/03, amend. - SG
97/16) are financially ensured parents of a Bulgarian citizen or a foreigner
who holds a permanent residence permit, when the documents certifying the
familial ties coming from abroad have been recognized or admitted to implement
and have been registered under the Bulgarian legislation
8. (amend., SG 70/04, amend. - SG
97/16) have been admitted to a medical establishment for continuous treatment,
have sufficient financial resources for treatment and maintenance, so as not to
become a burden on social insurance systems, and their health condition
requires them to be sustainably cared for by qualified medical personnel;
9. are correspondents of foreign
mass media and have accreditation in the Republic of Bulgaria;
10. (amend. – SG 23/13) are entitled
to pension pursuant to the legislation of the Republic of Bulgaria, of their
home country or another country and have sufficient means of support for their
stay in the country;
11. (amend., SG 37/04; amend. – SG
9/11)
12. (revoked - SG 42/01)
13. (amend., SG 42/01; suppl. – SG
23/13, amend. - SG 97/16) are members of the family of a foreigner who has
received extended or permanent residence permit - when the documents certifying
the familial ties and the right to support have been recognized or allowed for
execution under the Bulgarian legislation;
14. (New, SG 42/01; amend., SG
37/03, amend., SG 63/05 – in force from 01.01.06; amend. – SG 29/07; amend. –
SG 23/13, amend. - SG 97/16) are other members of the household of a foreigner
under Art. 23a, para. 3, or the foreigner’s private domestic service staff;
15. (New, SG 42/01; amend., SG
112/01, suppl. - SG 33/16, in force from 21.05.2016) wish to carry out
free-lance practice upon permit by the bodies of the Ministry of Labour and
Social Policy in compliance with art. 24a and pursuant to the Labor Migration
And Labor Mobility Act;
16. (New, SG 112/01; suppl. – SG
109/07, in force from 01.01.2008, suppl. - SG 33/16, in force from 21.05.2016)
wish to carry out non-profit activity upon permit of the Ministry of Justice
under conditions and by an order determined by an ordinance of the Minister of
Justice, in coordination with the Minister of Interior and with the Chairman of
State Agency "National Security", or have received a positive opinion
from the "Religions" Directorate of the Council of Ministers pursuant
to the Religions Act - in their capacity as foreign religious servants, invited
by the central management of the registered religions;
17. (new – SG 29/07, suppl. - SG
24/18, in force from 23.05.2018) have acquired statute of special protection as
per Art. 25 of the Anti- Human Trafficking Act - under the order of Art. 24m;
18. (new – SG 29/07; amend. – SG
9/11, amend. - SG 97/16) are family members of a Bulgarian citizen and the
documents originating from abroad, confirming familial relationships and right
to support, have been recognized or allowed for execution under Bulgarian
legislation;
19. (new – SG 16/13) have deposited
no less than BGN 600 000 per each foreigner for acquiring ownership of real
estate within the territory of the Republic of Bulgaria or the foreigner owns
more than 50 % of the share capital of a Bulgarian trade company, has deposited
the same amount in the capital of the company and as a result the company has
acquired ownership of real estate in the country of this value; by the date of
submission of the application for long-term residence the foreigner or the
legal entity must have paid the full amount in the account of a Bulgarian
licensed credit institution, and where the real properties are acquired with
borrowed funds, the outstanding loans should not exceed 25 percent;
20. (new – SG 16/13; amend. - SG
14/15) have made an investment in economically disadvantaged regions within the
meaning of the Investment Promotion Act by depositing in the capital of a
Bulgarian company not less than 250,000, provided that the foreigner is a
partner or shareholder with registered shares and has no less than 50 per cent
of the share capital as a result of the investment acquired new tangible and
intangible assets amounting to not less than BGN 250,000 and at least 5 new
positions are opened for Bulgarian citizens for the residence period and this
is verified by the Ministry of Economy.
21. (new - SG 24/18, in force from
23.05.2018) wish to carry out volunteer work within the European Voluntary
Service within the meaning of Art. 40, Para. 2 of the Act on Youth - by the
order of Art. 24n.
(2) (amend. – SG 9/11; suppl. – SG
23/13, amend. - SG 97/16) For obtaining extended residence permit, persons who
have secured accommodation, obligatory health insurance and social insurance,
sufficient funds for maintenance, without need to involve the social support
system, in an amount not less than the minimal month salary, minimal
scholarship or the minimal pension pursuant to the legislation of the Republic
of Bulgaria for the time-term of stay. When submitting an application for
ainitial residence permit, shall also be presented the documents, justifying
the application for a visa issuance under Art. 15, para. 1, and foreigners over
the age of 18, except for the persons who have the stateless persons status in
the Republic of Bulgaria, shall also present documents of conviction or
criminal or police registration, issued under the laws of the state of
nationality, of the country of origin or of the habitual residence.
(3) (amend. – SG 9/11, amend. - SG
97/16) Application for issuance of extended residence permit shall be
considered within 14 days of its filing under terms and conditions set out in
the Regulation of Implementation of this Act.
(4) (new – SG 21/12, amend. - SG
97/16, suppl. - SG 97/17) When submitting an application for a permit for
continuous stay, the persons under par. 1, item 17, the persons born in the
Republic of Bulgaria descendants of persons under Art. 23a, para. 1 and of
foreigners holding a permit for continuous, long-term or permanent residence,
as well as a family member of a Bulgarian citizen who has exercised his/her
right of free movement and holds a valid residence document as a family member
of a citizen of the European Union, issued by another Member State, shall be
exempt from the obligations under par. 2, as well as to own a visa under Art.
15, para. 1.
(5) (new – SG 23/13, amend. - SG
97/16) Upon termination of marriage by divorce or death, the services for
administrative control of foreigners may issue a single individual permit for
continuous stay of a foreigner who has received a permit for continuous or
long-term residence under par. 1, items 13 and 18 when the family has resided
continuously and lawfully on the territory of the Republic of Bulgaria for at
least two years.
(6) (new – SG 23/13) An individual
extended residence permit under the terms of para 5 may also be issued to
members of the family of a Bulgarian national under Art. 2, para 6, item 1, 2
and 3.
(7) (new – SG 23/13, amend. - SG
97/16) A single individual extended residence permit may be issued under
exceptional circumstances to members of the family of a foreigner residing
continuously, for a long term or permanently in the country and to members of
the family of a Bulgarian national under Art. 2, para 6, item 1, 2 and 3 under
an order determined with the Regulation for implementation of this act.
(8) (New - SG 97/16) The accepted
application for a residence permit issuance shall not create an obligation to
issue a permit for continuous stay. Issuance of a permit for continuous stay
shall be refused in cases where the reason which is specified in the
application is different from the reason for issuing a long-stay visa of Art.
15, para. 1.
(9) (New - SG 97/17) In case of
death of the Bulgarian citizen, the right of long-term residence of the members
of his / her family authorized under Art. 24m shall not be affected if they
have resided in the Republic of Bulgaria for at least one year before his / her
death as family members.
(10) (New - SG 97/17) Upon the death
of the Bulgarian citizen, the right to long-term residence, allowed under Art.
24l to a family member exercising custody over children, and to his/her
children, shall not be affected, provided that the children are enrolled at
school from the pre-school and schooling system or at a higher school until the
completion of their education or when they provide evidence of subsequent
stages of their education.
(11) (New - SG 97/17) Any member of
the family of a Bulgarian citizen with a right granted under Art. 24l shall
keep the right to long-term residence upon termination of the marriage, if they
meet the conditions to be a worker or a self-employed person in the Republic of
Bulgaria, and to have health insurance and the necessary financial means to
cover the costs of their stay and those of their family members, without
becoming a burden to the social insurance system, and also with respect to
them, one of the following circumstances is present:
1. the marriage has lasted for at
least three years, of which one year in the Republic of Bulgaria;
2. exercises custody by virtue of a
court decision;
3. has suffered from domestic
violence before the termination of the marriage, as well as in other cases
where this is justified in view of particularly difficult circumstances which
occurred not under the will of the foreigner, which he could not have foreseen
or prevented;
4. has the right to visit an
underaged child by virtue of a court decision, provided that the court decision
provides for the visits to be carried out in the Republic of Bulgaria.
(12) (New - SG 97/17) The persons
under Para. 9-11 must prove that they are workers or self-employed persons, or
that they have sufficient resources for themselves and for their family
members, so that they do not become a burden on the social insurance system
during their stay, and that they have full health insurance.
Art. 24a. (New, SG 42/01; amend., SG
112/01, amend. - SG 33/16, in force from 21.05.2016) (1) Permission for
extended stay or a long-stay visa shall be given to foreigners who want to
carry out free -lance activity and who meet the requirements to obtain
permission to conduct freelance activity pursuant to the Labour migration and
labour mobility Act.
(2) For the issuance of documents
under par. 1 the following documents shall be submitted to the diplomatic and consular
missions, respectively to the services for administrative control of
foreigners:
1. application form;
2. permission to carry out
free-lance activity, issued by the bodies of the Ministry of Labour and Social
Policy.
(3) Long-stay visa for the purpose
of carrying out free-lance activity shall not be issued to a foreigner in the
cases under Art. 24, para. 1, items 1-13 and items 16-20.
Art. 24b. (new – SG 63/07, amend. -
SG 24/18, in force from 23.05.2018) (1) Permits for long-term residence may
also be granted to foreigners holding a visa under Art. 15, Para. 1 and are
researchers with concluded contracts for development of a research project with
a research organization based in the Republic of Bulgaria, included in the
register under Art. 7b, Para. 1, item 1 of the Act for the Promotion of
Scientific Research.
(2) The permit under Para. 1 shall
be issued for a period not shorter than one year. If the contract validity is
shorter, the permit shall be issued for the duration of the contract, extended
by 9 months, and can be renewed, if there are grounds for its re-issuance,
under the Labour Migration and Labour Mobility Act.
(3) The permit under Para. 1 shall
be issued in accordance with the requirements of Council Regulation (EC) №1030/2002
of 13 June 2002 on the uniform format of residence permits for third-country
nationals, whereby in the field marked "type of permit" is to be
indicated "researcher".
(4) The permit under Para. 1 shall
be issued in accordance with the procedure established by the Regulations for
the application of the act.
(5) The Migration Directorate,
sector group "Migration" at the Metropolitan Directorate of Internal
Affairs, or the respective District Directorate of the Ministry of the
Interior, shall notify the applicant in writing about the permit under Para. 1
not later than 14 days from the date of its filing.
(6) Long-term residence permit may
also be granted to the members of the family of a researcher on the basis of
Art. 24, Para. 1, item 13 for the duration of the researcher's residence
permit, if they meet the conditions under Art. 24, Para. 2.
(7) Any foreigner who has been
admitted as a researcher in another Member State of the European Union may
carry out part of his scientific research in the Republic of Bulgaria for up to
180 days within each 360-day period on the basis of a contract concluded with a
research organization in the first Member State under terms and conditions laid
down in the Regulations for the Implementation of the Act.
(8) In the cases under Para. 7, the
host research organization in the first Member State shall notify the competent
authorities of the first Member State and of the Republic of Bulgaria of the
planned carrying out of a part of the scientific study on the territory of the
Republic of Bulgaria within the period of validity of the permit under Para. 1,
under conditions and by an order determined by the Regulation for
implementation of the act.
(9) Permit under Para. 1 may also be
obtained by any foreigner who holds a valid residence permit issued by the
first Member State, and who intends to carry out part of his scientific
research at a research organization on the territory of the Republic of
Bulgaria for a period longer than 180 days, but not more than two years. The
Republic of Bulgaria shall notify the first Member State for its decision.
(10) In the cases under Para. 9, the
permit shall be issued in accordance with the requirements of Council
Regulation (EC) № 1030/2002 of 13 June 2002 on a uniform format for residence
permits for third-country nationals, the field "type of permit" being
marked "researcher - mobility" with a term of validity of up to two
years.
(11) No simultaneous notification
shall be allowed under Para. 8 and submitting an application for issuing a
permit under Para. 9. The application may be filed no later than 30 days before
the expiry of the period specified in the notification.
(12) Permit under Para. 6 may also
receive members of the family of a researcher under Para. 7 and 9 who hold a
valid residence permit issued by the first Member State for the period until
the expiry of the researcher's residence permit on the territory of the
Republic of Bulgaria.
(13) Permits for long-term residence
for up to 9 months may also be granted to foreigners under Art. 36, Para. 3 of
the Labour Migration and Labour Mobility Act. The permit shall be issued in
accordance with the procedure established by the Regulations for the application
of the act.
(14) If the researcher or the
members of his family do not meet or have ceased to qualify for a residence
permit under Para. 6, 7 and 9, the “Migration” Directorate of the Ministry of
the Interior shall notify the first Member State with a view to their
readmission to its territory without delay and formalities. This shall also
apply for cases when the validity of the permit issued by the first Member
State expires, or it has been withdrawn during the stay in the Republic of
Bulgaria.
Art. 24c. (new – SG 9/11, amend. -
SG 24/18, in force from 23.05.2018) (1) Permits for long stays of up to one
year may also be granted to foreigners holding a visa under Art. 15, Para. 1
and being accepted as:
1. students in full-time instruction
at a higher education institution;
2. secondary education students in
an exchange program;
3. interns.
(2) Permit under Para. 1 may also be
granted to foreigners who are to carry out part of their training on the
territory of the Republic of Bulgaria, hold a valid residence permit issued by
another Member State, and are covered by a European Union program, or a
multilateral program providing for training in more than one Member State, or
by an agreement between two or more higher education institutions, of which at least
one is Bulgarian, have the right to enter and stay for the purpose of pursuing
part of their studies at a higher education institution from one or more other
Member States for a period of up to one year.
(3) Any foreigner holding a visa
under Art. 15, Para. 1 and not covered by a program or an agreement under Para.
2 shall submit an application to be granted a permit under Para. 1 for the
purpose of conducting part of his education in a higher education institution
on the territory of the Republic of Bulgaria.
(4) In case of internship being held
under Art. 38a of the Labour Migration and Labour Mobility Act, the permit
under Para. 1 shall be issued for the duration of the internship, but for not
more than one year.
(5) The permit under Para. 2 shall be
issued for the duration of the training, but not more than two years.
(6) Permits for long-term residence
for a period of up to 9 months may also be granted to foreigners under Art. 38,
Para. 2 of the Labour Migration and Labour Mobility Act.
(7) In the cases under Para. 1, 2
and 3, the period of validity of the passport or the substitute document of the
foreigner shall cover at least the requested period of residence.
(8) The permits under Para. 1 and 2
shall be issued in accordance with the procedure laid down in the Implementing
Rules of the Act and in accordance with the requirements of Council Regulation
(EC) № 1030/2002 of 13 June 2002 on a uniform format for residence permits for
third-country nationals, the field "permission type" being marked
"student".
Art. 24d. (new – SG 9/11) (1)
Statute of long-term stay shall be granted to a foreigner, who has stayed
legally and without interruption on the territory of the Republic of Bulgaria
within 5 years before submission of application for permission of a long-term
stay. After have been obtained, the long-term stay shall be permanent, unless
grounds for its revocation as per Art. 40 appear.
(2) (amend. – SG 23/13, amend. - SG
97/16) Residing periods of the persons envisaged in Art. 23a and of the
persons, who reside exclusively on a ground of temporary nature, such as
persons working on programmes au pair, season workers, cross-border services
providers; workers and servants sent to a business trip by a provider of
services for the purposes of cross border services provision; or where their
permission to stay is formally limited, shall not be count in calculation of
time period envisaged in Para 1.
(3) In the calculation of period
envisaged in Para 1 shall be counted only one half of the time of stay of the
foreigners as students, pupils and trainees as per Art. 24c.
(4) (new – SG 23/13, in force from
01.05.2013) Long-term residence status may be granted to a foreigner who enjoys
international protection.
(5) (new – SG 23/13, in force from
01.05.2013) As regards to foreigners with international protection, when
calculating the residence period under para 1, half of the term for residence
shall also be included, considered from the date of submission of an
international protection request till the date of issue of a Bulgarian identity
document according to the Bulgarian Personal Documents Act, or the overall
duration of residence within the dates mentioned, where it is over 18 months.
(6) (new – SG 23/13, in force from
01.05.2013) Holding a permit to reside in another Member State on the ground of
provided protection other then international protection or in case of pending
proceedings for issue of such a permit shall not serve as a ground for granting
a long-term residence status.
(7) (new – SG 23/13, in force from
01.05.2013) Pending proceedings for providing international protection shall
not serve as a ground for granting a long-term residence status.
(8) (prev. text of para 4 – SG
23/13, in force from 01.05.2013) Periods of absence from the territory of the
Republic of Bulgaria shall not interrupt the time period envisaged in Para 1
and shall be counted in its calculations, if they are less than 6 consequent
months and do not exceed totally 10 months for the 5-years period.
(9) (prev. text of para 5 – SG
23/13, in force from 01.05.2013) For granting of a long-term stay statute, the
foreigner shall present evidence that he/she dispose for himself and members of
his family sufficient funds for maintenance, without need to involve the system
of social support, in amount not less than the minimal salary or minimal
pension, as well as that he holds obligatory health insurance or insurance for
the period of stay in accordance with the legislation of the Republic of
Bulgaria.
(10) (prev. text of para 6 – SG
23/13, in force from 01.05.2013) The competent body of the Ministry of Interior
shall take decision on the application for granting of a long-term stay statute
within three months of its deposit. In event of legal and factual complexity
and necessity to present additional documents this time period may be prolonged
with two months.
(11) (prev. text of para 7 – SG
23/13, in force from 01.05.2013) When statute of long-term stay is granted,
information on the rights and obligations arising from this statute shall be
provided to the foreigner.
(12) (prev. text of para 8 – SG
23/13, in force from 01.05.2013) Procedure of consideration of the application
shall defined by the Regulations of Implementation of this Act.
Art. 24e. (1) To a foreigner, who is
granted long-stay term statute, residence permit to a long-term staying person
in the European Union shall be issued. This permit shall be with term of
validity of 5 years, and at its elapse shall be renewed after application is
submitted. Elapse of the time period of the residence permit to stay to
long-term residents in the European Union does not present a ground to revoke
or lapse of this statute.
(2) Residence permit to a long-term
staying in the European Union foreigner shall be issued on the base of a
submitted in person application. Permit shall be issued in accordance with the
requirements of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying
down a uniform format for residence permits for third-country nationals. In the
field ‘Type of permit" "long-term residence in the EU" shall be
marked.
(3) (new – SG 23/13, in force from
01.05.2013) Upon issue of a residence permit to a foreigner residing on a
long-term basis in the European Union, who enjoys international protection, in
the "Remark" field shall be stated the international protection
provided by the Republic of Bulgaria and the date on which it has been
provided.
Art. 24f. (1) Family members of the
long-term residing foreigner may be granted extended residence permit with a
period of validity of one year and with an option for renewal, without
exceeding the permitted residence period for the title-holder.
(2) For the issuance of residence
permit for the family members requirements of Art. 24, Para 2 shall be
fulfilled.
(3) (With regard to Sentence Two –
in force from 01.06.2011) After a five year stay on the territory of the
Republic of Bulgaria and under the condition that the spouse and the children
who have reached the maturity age of a residing in the country foreigner were
not granted residence permit due to reasons different than reunion of the
family, are entitled to be granted an independent long-term residence permit
from that one of the title-holder, if grounds envisaged in Art. 24d exist. In
the calculation of the period of residing of the members of a family of a
holder of blue card of the European Union, residing period in different Member
States may be cumulated as per Art. 33m, Para 1.
(4) (amend. - SG 79/15, in force
from 01.08.2016) In event of termination of the matrimony, children of the
long-term residing and of the other parent shall have the right to be granted
with an independent extended residence permit, if they meet the requirements
under Art. 24, Para 2 and when the children enrolled a school within the system
of the pre-school and school education or a higher school till the elapse of
the educational year or the educational course.
(5) Procedure of issuance of the
permit envisaged in Para 1-4 shall be defined by the Regulations of
Implementation of this Act.
Art. 24g. (1) In the cases of Art.
40, Para 1, items 6, 9, and 11 right of extended residence in the Republic of
Bulgaria may be restored under a simplified procedure, laid down by the
Regulations of Implementation of this Act.
(2) Procedure, envisaged in Para 1
shall be applicable for the persons under Art. 40, Para 1, item 9, who have
resided in the second Member State with educational purpose.
Art. 24h. (new – SG 21/12) (1)
Extended residence permit may also be granted to illegally residing foreigners
who participate in a pending administrative or criminal proceedings initiated
under Art. 227, para 3 and 5 of the Penal Code – till the said proceedings are
completed.
(2) The time limit of the residence
permitted under para 1 shall not be accounted in calculation of the time limit
for receipt of permanent or extended residence permit.
Art. 24i. (new – SG 70/13, in force
from 24.12.2013) (1) (amend. - SG 33/16, in force from 21.05.2016) Extended
residence and work permit of the type "single residence and work
permit" may be granted to foreign citizens who meet the requirements for
access to the labour market under the Labour migration and labour mobility Act
and who have a visa under Art. 15, para 1 or a residence permit issued on other
grounds in compliance with Council Regulation (EC) No 1030/2002 of 13 June 2002
laying down a uniform format for residence permits for third-country
national's.
(2) Residence and work permits of
the type "single residence and work permit" shall be granted for a
period of one year on the grounds of a decision issued by the authorities of
the Ministry of Labour and Social Policy and shall be renewed where grounds for
it to be reissued are present. If the validity term of the relevant employment
contract is shorter than one year, the permit shall be granted coterminus with
the validity term of the contract.
(3) Permits referred to in para 1
shall be issued pursuant to a single application procedure in compliance with
the Regulation on the Implementation of this Act.
(4) Holders of a single permit shall
be granted a residence permit in compliance with the requirements set out in
Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform
format for residence permits for third-country nationals, whereby "single
residence and work permit" shall be entered in the "type of
permit" section.
Art. 24j. (New - SG 33/16, in force
from 21.05.2016) (1) Permit for seasonal worker with right for extended
residence may be obtained by foreigners who meet the requirements for access to
the labor market pursuant to the Labor migration and labor mobility Act and who
own a visa under Art. 15, para. 1.
(2) The permit under par. 1 shall be
issued after decision of the authorities of the Ministry of Labour and Social
Policy for the duration of the labour contract, but not less than 90 days and
not more than 9 months. The permit can be extended once within this period of
time upon a decision by the authorities of the Ministry of Labour and Social
Policy.
(3) The permit under par. 1 shall be
issued upon application of a single application procedure and in order,
specified in the regulation for implementation of the act.
(4) The permit under par. 1 shall be
issued under an accelerated procedure for those candidates who have at least
once worked in the Republic of Bulgaria as seasonal workers over the last five
years.
(5) (Suppl. - SG 24/18, in force
from 23.05.2018) The permit holder under par. 2 shall be issued with a
residence permit of a seasonal worker in accordance with Regulation (EC) №
1030/2002 of the Council of 13 June 2002 on a uniform format for residence
permits for third countries’ citizens where in the field "type of permit”
shall be noted “seasonal worker”. Upon change of employer under the Labour
Migration and Labour Mobility Act, a new permit shall be issued under Para. 1.
(6) The permit holder under par. 1
is entitled to be informed in writing of the ensuing rights with it.
(7) Where the permit under par. 1
expires and while a procedure for extension or renewal is underway, the
seasonal worker shall be entitled to reside in the territory of the Republic of
Bulgaria until a decision on the application is reached, provided that the
latter was submitted within the period of validity of the permit under par. 1
and the term under par. 2 has not expired.
Art. 24k. (New - SG 33/16, in force
from 21.05.2016) (1) (Suppl. - SG 97/17) To carry out seasonal work for up to
90 days without interruption, foreigners must have a valid visa for short-term
residence for the purpose of seasonal work, where one is required, and the
employment must be registered by the authorities of the Ministry of Labour and
social policy under the Labor migration and labor mobility Act and the
regulation on its implementation.
(2) The registration of employment
under par. 1 shall be done even if foreigners are exempt from the visa
requirement in accordance with Annex II of Regulation (EC) № 539/2001 of the
Council of 15 March 2001 on determining the third countries, whose nationals
must be in possession of visas when crossing the external borders of the Member
States, as well as those countries, whose nationals are exempt from that
requirement.
Art. 24l. (New - SG 97/17) (1) Any
family member of a Bulgarian citizen, having exercised his right of free
movement and holding a valid residence document as a family member of a citizen
of the European Union, issued by another Member State of the European Union,
shall apply to the Migration Directorate - Ministry of the Interior, or to the
Regional Directorates of the Ministry of the Interior, for the issuance of a
residence card of a family member of a European Union citizen certifying his
right of long-term stay for which he is immediately issued a temporary
certificate.
(2) The application under Para. 1
shall be filed within three months from the person's entry into the Republic of
Bulgaria, accompanied by:
1. a valid passport;
2. documents on the existence of
kinship relations;
3. document for paid state fee;
4. documents on the lawful residence
in the other Member State;
5. medical documents concerning the
existence of serious health reasons, which impose the personal care of the
Bulgarian citizen, where applicable.
(3) The residence card of a family
member of a citizen of the European Union certifying his right of long-term
residence shall be issued within three months of the submission of the
application, and shall be valid for 5 years.
(4) In the absence of any of the
documents under Para. 2, the person shall be given 14 days from the
notification to present it, until the expiration of which the term under Para.
3 shall stop running. If the requested documents are not submitted within the
stipulated time limit, the administrative body shall take action for
terminating the proceedings under the Administrative Procedure Code.
Art. 24m. (New - SG 24/18, in force
from 23.05.2018) (1) In the cases under Art. 24, Para. 1, item 17 the permit
for long-term residence shall be issued on the basis of the act under Art. 27
of the Act on Combating Human Trafficking.
(2) For the duration of their stay
in the country, foreigners who have obtained the permits under Para. 1 shall
enjoy the rights of the persons with permanent residence permit, with the
exception of the right under Art. 35, Para. 2.
(3) Permits under Para. 1 shall not
be issued to persons who do not have identity documents and refuse assistance
to find their identity.
Art. 24n. (New - SG 24/18, in force
from 23.05.2018) (1) In the cases under Art. 24, Para. 1, item 21, the
long-term residence permit shall be issued in accordance with the requirements
of Council Regulation (EC) № 1030/2002 of 13 June 2002 on a uniform format for
residence permits for third-country nationals, the field “type of permit” being
marked "volunteer".
(2) The term of validity of the
permit under Para. 1 shall be in compliance with the agreement with the host
organization, but not more than one year.
(3) The Migration Directorate,
sector/group "Migration" at the Metropolitan Directorate of Interior,
or the respective regional directorate of the Ministry of the Interior, shall
notify the applicant in writing about the permit under Para. 1 not later than
14 days from the date of its filing.
(4) The permit under Para. 1 shall
be issued in accordance with the procedure established by the Regulations for the
application of the act.
(5) In the cases under Para. 1, the
period of validity of the passport or the foreigner's substitute document must
cover at least the requested period of residence.
Art. 25. (1) (prev. text of Art. 25
- SG 36/09) Permanent residence permit may be granted to foreigners if:
1. (amend. – SG 9/11) they are of
Bulgarian origin;
2. (amend. – SG 29/07; suppl. – SG
9/11; suppl. – SG 108/13) five years elapsed from concluding civil matrimony
with a permanently residing in the country foreigner and have resided legally
and uninterruptedly for a period of 5 years on the territory of the country,
provided that in the cases of marriage with a foreign national who is permitted
permanent residence under items 6, 7 or 8, the requirements for residence in
the country shall not apply.
3. (amend. – SG 29/07) small or
below age children of a foreigner with permanent stay in the country and who
have not been married;
4. (Amend., SG 42/01; amend. – SG
23/13) parents of Bulgarian citizens when they provide the due legally
established support and have resided legally and continuously for a period of
three years within the territory of the country;
5. (amend. – SG 29/07; revoked – SG
9/11; new – SG 23/13; amend. – SG 70/13) who have resided legally and continuously
in the territory of the Republic of Bulgaria for the last 5 years prior to
submission of the application for permanent residence and who have not been
abroad for more than 30 months during this period, provided that in the cases
referred to in Art. 24c only half of the periods of residence shall be taken
into account;
6. (amend., SG 11/05; amend. - SG
36/09) who have invested in the country over BGN 1 000 000 or increased their
investment by such an amount through the acquisition of:
a) shares of Bulgarian companies,
traded on a Bulgarian regulated market;
b) debentures and treasury bonds and
their derivatives, issued by the state or by the municipalities with a maturity
date after at least 6 months;
c) ownership in a separate part of
the property of a Bulgarian company with at least 50 percent state or municipal
share in the capital under the Privatisation and Post-privatisation Control
Act;
d) holdings or shares, owned by the
state or the municipalities in a Bulgarian company under the Privatisation and
Post-privatisation Control Act;
e) Bulgarian intellectual property -
copyright or related rights subject-matter, patent protected inventions,
utility models, trademarks, service marks or industrial design;
f) rights under concession contracts
on the territory of the Republic of Bulgaria;
7. (new - SG 36/09; revoked – SG
16/13; new – SG 108/13) who have invested the amount under item 6 in a licensed
credit institution in Bulgaria under a trust management agreement for a period
of not less than 5 years, provided that for this time period the deposit is not
used to secure loans from other credit institutions in Bulgaria.
8. (new - SG 36/09) who have
invested the amount of at least BGN 6 000 000 in the capital of a Bulgarian
company, which shares are not traded on a regulated market;
9. (New, SG 42/01; prev. text of
Item 07 - SG 36/09) who are not persons of Bulgarian origin, born on the
territory of the Republic of Bulgaria, lost their Bulgarian citizenship
according to emigration agreements or by their own wish and they wish to settle
permanently on the territory of the country.
10. (new, SG 37/03; prev. text of
Item 08 - SG 36/09) who, by December 27, have entered, stay, or were born on
the territory of the Republic of Bulgaria, and whose parent has married a
Bulgarian citizen;
11. (new – SG 29/07; prev. text of
Item 09 - SG 36/09) members of the family of the Bulgarian citizen, if they
have stayed continuously in the territory of the Republic of Bulgaria during
the previous five years.
12. (new – SG 9/11) who, up to 27
December 1998 entered, reside and have not left the territory of the Republic
of Bulgaria or are born on the territory of the Republic of Bulgaria and are
not recognized as citizens of the former soviet republics; for this category of
persons the requirement of Art. 15, Para shall not be applied;
13. (new – SG 9/11; suppl. – SG
16/13; amend. - SG 14/15) who perform and activities certified under the
Investment Promotion Act, certified by the Ministry of Economy pursuant to Art.
25c;
14. (new – SG 43/11, in force
15.06.2011) minors and juveniles, born and abandoned by a parent/ parents –
foreign citizen(s), on the territory of the Republic of Bulgaria, who have been
accommodated at an institution or at other kind of alternative social services
of residential type as a protective measure;
15. (new – SG 43/11, in force from
15.06.2011) minors and juveniles abandoned by one/both parent(s) - foreign
national(s) in the territory of the Republic of Bulgaria, accommodated at an
institution or at other kind of alternative social services of residential type
as a protective measure.
16. (new – SG 16/13; amend. - SG
14/15) have made an investment in the state by depositing in the share capital
of a Bulgarian trade company no less than BGN 500 000, where the foreigner is a
partner or shareholder with registered shares and owns more than 50 % of the
share capital of the company and as a result of the investment have been
acquired new tangible and intangible assets amounting to not less than BGN 500
000 and at least 10 new positions are opened for Bulgarian citizens for the
residence period and this is verified by the Ministry of Economy.
(2) (new - SG 36/09; amend. – SG
9/11; amend. – SG 43/11, in force from 15.06.2011) The order of establishing
the circumstances under Para 1 shall be determined in the regulations on the
implementation of the Law.
(3) (new – SG 9/11) The competent
body of the Ministry of Interior shall take decision on the application for
granting permanent residence permit within a 3 months period from its deposit.
In event of legal and factual complexity, this term may be prolonged with two
months. The procedure for issuance of the permit shall be defined by the
Regulations of Implementation of this Act.
(4) (new – SG 16/13; amend. - SG
14/15) In the cases under para 1, items 13 and 16, upon issuance of a
certificate by the Ministry of Economy for assessment purposes annual financial
statements and reports of the company, certified by an auditor registered under
the Independent Financial Audit Act, reports by the National Revenue Agency,
municipalities and/or other relevant documents presented by the investor or
foreigner, collected ex officio.
(5) (New - SG 33/16, in force from
21.05.2016) Of minors, born in the Republic of Bulgaria and applying to obtain
the right to extended and permanent residence, visa under Art. 15, para. 1
shall not be required.
Art. 25a. (New, SG 42/01, suppl. -
SG 97/16) Permit for stay in the Republic of Bulgaria, without the presence of
the requirements of this Act can be obtained by foreigners who have
contributions to the Republic of Bulgaria in the public and economic sphere, in
the sphere of the national security, science, technology, culture or sport, or
there is state interest at stake.
Art. 25b. (new – SG 52/07; amend. –
SG 9/11) Permit for residence in the Republic of Bulgaria, where the
requirements of this Act are not present, may also be granted to the family
members of foreigner, to whom, according to the Asylum and Refugees Act have
been:
1. granted asylum or refugee status;
2. granted humanitarian status;
3. granted temporary protection.
(2) For the members of the family,
envisaged in Para 1, shall be issued extended residence permit after the
permission to reunion the family, issued under the terms and conditions of the
Asylum and Refugees Act. Permits shall be with a validity period of one year
with option for its renewal, without exceeding the time period of residence of
the title holder.
Art. 25c. (new – SG 16/13) (1) A
permanent residence permit on the grounds of Art. 25, para 1, item 13 may be
granted to a foreigner who carries out activity related to performance and / or
maintenance of an investment with a certificate for Class A, class B or for
priority investment project pursuant to Art. 20, para 1, item 1 of the
Investment Promotion Act.
(2) At a Bulgarian trade company
where a foreigner under para 1 has made an investment with a certificate under
Art. 20, para 1, item 1 of the Investment Promotion Act, the said foreigner
must be:
1. a partner or shareholder with
registered shares holding at least 50 or more percent of the company’s
registered capital;
2. a representative of the company
or a procurator, entered in the commercial register, or
3. a person working under employment
contract for implementation of key and / or control functions in research,
production, marketing, or other main activity of the enterprise required in
relation to the investment purposes.
(3) In three-years time since the
work under the investment project has begun the competent body of the trade
company under para 2 shall verify that the minimum threshold for issuing
investment certificate class B under the Investment Promotion Act has been
reached in terms of investments made and put into operation and / or employment
created as average number of employees.
(4) The total number of the persons
under para 2 who may be granted a permanent residence permit on the ground of
Art. 25, para 1, item 13 in relation to implementation and maintenance of an
investment project shall be:
1. up to three persons – till the
requirement under para 3 is met;
2. up to 8 persons – after the
requirement under para 3 is met, during the maintenance period of the
investment and jobs.
(5) The requirements under Art. 13
of the Investment Promotion Act shall apply with respect to Bulgarian trade
companies and persons referred to in para 2.
(6) (amend. - SG 14/15) The Ministry
of Economy shall issue a certificate that the requirements under paras 2 to 5
are met that will serve the offices for administrative control of foreigners.
Certificates shall be issued, provided that the respective Bulgarian trade
company under para 2 provides reasons that the foreigner has to reside in the
country in relation to the implementation and maintenance of the investment and
the company undertakes to immediately notify the Ministry of Economy of
possible termination of the relations with the said natural person.
Art. 25d. (New - SG 97/17) (1) A
member of the family of a Bulgarian citizen, who has been granted a long-term
residence permit under Art. 24l shall have the right to permanent residence, if
he has been legally residing continuously for a period of 5 years in the
Republic of Bulgaria together with the Bulgarian citizen, or if he has been
legally residing continuously for a period of 5 years in the Republic of
Bulgaria in the cases under Art. 24, Para. 9, 10 and 11.
(2) For issuance of a residence card
of a family member of a citizen of the European Union, certifying his right of
permanent residence, the person under Para. 1 shall submit an application to
the Migration Directorate - MoI or to the Regional Directorates of the Ministry
of Interior two months before the expiry of the term of the long-term
residence.
(3) A residence card of a family
member of a European Union citizen which certifies his right of permanent
residence shall be issued within one month of the submission of the
application.
Art. 25e. (New – SG 14/18, amend. -
SG 1/19) The troops and members of the civilian component of a NATO structure
located in the Republic of Bulgaria as well as their dependents reside in the
Republic of Bulgaria without the requirements of this Act. The period of
residence may be longer than one year.
Art. 26. (1) (prev. art. 26 - SG
42/01; amend. – SG 9/11; amend. – SG 43/11, in force from 15.06.2011) Refused
shall be issuance of residence permit or extension of the term of residence in
the cases of Art. 10, Para 1, items 1-4, 6011, 14, 16, 19-23.
(2) (New, SG 42/01; amend. - SG
36/09; amend. – SG 9/11; suppl. – SG 70/13, in force from 24.12.2013, suppl. -
SG 33/16, in force from 21.05.2016, suppl. - SG 97/17, suppl. - SG 24/18, in
force from 23.05.2018) Refused shall be issuance of residence permit or
extension of the term of residence to a foreigner, about whom is found that
he/she does not meet requirements of Art. 24; 24a- 24d; 24f; 24h, 24i, 24j,
24l, 24m, 24n, 25; 25b; 33a; 33d and 33j, 33l, 33o, 33r.
(3) (New, SG 42/01; suppl., SG
37/03; amend. – SG 9/11) Refused shall be the issuance of residence permit to a
foreigner, who has concluded matrimony with a Bulgarian citizen or a foreigner
who has been adopted by a Bulgarian citizen or with a foreigner, who has
obtained a residence permit, if data presents, that the matrimony was concluded
or adoption was done with the only purpose to circumvent the legislation
regulating the foreigners regime in the Republic of Bulgaria and obtaining a
residence permit.
(4) (New, SG 42/01; amend. and
suppl. – SG 9/11) Assessment to refuse the permit under Para 3 shall be taken
by the offices for administrative control of the foreigners on the basis of
evidence justifying an objective conclusion that the matrimony has been
concluded or the adoption was done solely for the purpose of evading the norms
stipulating the regime for foreigners in the Republic of Bulgaria and obtaining
a permit for stay. Such evidence can be:
1. (suppl. – SG 9/11) the
circumstance that the spouses or the adopted person and the adoptive parent do
not live together;
2. lack of contribution to the
commitments ensuing from the marriage;
3. the circumstance that the spouses
have not known each other before the marriage;
4. (suppl. – SG 9/11) the
presentation of contradicting information for the personal data of the other
spouse or the adopted person (name, address, nationality, profession), for the
circumstances of their acquaintance or other important personal information;
5. (suppl. – SG 9/11) the
circumstance that the spouses or the adopted person and the adoptive parent do
not speak a language understandable for both of them;
6. the payment of money for the
contracting of the marriage beyond the usual dowry;
7. (suppl. – SG 9/11) the presence
of previous marriages or adoptions contracted for the purpose of evading the norms
stipulating the regime for the foreigners;
8. (suppl. – SG 9/11) the
circumstance that the matrimony was concluded , respectively – adoption was
done, after the foreigner has obtained residence permit.
(5) (New, SG 42/01; amend., SG
37/03) The data under para 4 can be established by interviews held by employees
of the services for administrative control of the foreigners, by statements of
the concerned or third persons, by documentary means or by investigation and
check up carried out by the state bodies. The services for administrative
control of the foreigners shall obligatorily hear out the concerned persons.
(6) (*) (new – SG 9/11) In the cases
envisaged in Art. 10, Para 1, item 19, residence permit may be issued due to
humanitarian reasons or reasons related to the execution of international
obligations, after consultation with the Member State who forwarded the signal
of refusal for entry.
(7) (new – SG 9/11) Appearance of
illness after the initial issuance of residence permit under Chapter Three "A"
to a foreigner and to the members of his/her family, as well as after the
issuance of residence permit to the foreigner’s family members on the ground to
reunion the family cannot construct a ground to refuse extension of the
residence term.
(8) (new – SG 9/11) Refusal to grant
long-term residence permit cannot be grounded on the circumstances envisaged in
Art. 10, Para 1, item 8. In the assessment for refusal to grant long-term
residence duration of the residence of the foreigner in the Republic of Bulgaria,
the age, health status, family status, social integrity, existing relations in
the country or the absence of relations with the country of origin shall be
taken in view.
(9) (New – SG 24/18, in force from
23.05.2018) The issuance of a residence permit or any extension of the
residence permit of a foreigner shall be refused where the granted permit or
the submitted documents have been obtained by deception or are false or forged.
(10) (New - SG 24/18, in force from
23.05.2018) Any extension of the period of residence shall be refused when the
foreigner resides on the territory of the Republic of Bulgaria for purposes
other than those for which his residence was permitted - in the cases under
Art. 24, Para. 1, item 21, Art. 24b and 24c.
(11) (New - SG 9/11, previous Para.
9 - SG 24/18, in force from 23.05.2018) Refusal to grant residence permit and
extension of the term shall be reasoned and announced to the interested persons
and shall be subject to appeal observing the procedure laid down in the Administrative-Procedure
Code.
Art. 26a. (revoked – SG 63/05)
Art. 27. (amend. - SG 97/16) (1) The
validity of a short-stay visa and of the permissible length of residence may be
extended once by the services of administrative control of foreigners on humanitarian
reasons, in exceptional circumstances or where public interest is present by
placing a personalized visa sticker and stamp of the issuing authority into the
passport or the document for travelling substituting it in an order determined
by the regulations for implementing the act.
(2) The length of stay of persons
who have entered the country under the visa waiver regime may be extended once
by the services of administrative control of foreigners on humanitarian grounds
related to exceptional circumstances or where public interest is present in an
order determined by the regulations for implementing the act.
(3) The length of stay of a person
under Art. 23a may be extended by the Ministry of Foreign Affairs without
observing the restrictions under par. 1 and 2 in an order determined by an act
of the Council of Ministers.
Art. 27a. (New, SG 42/01; suppl. -
SG 28/08, suppl. - SG 97/16) The state and municipal bodies who, by virtue of a
normative act carry out registration of foreigners or of activities carried out
by foreigners, shall be obliged to check up the type and the grounds of the
visas issued to the foreigners. For established discrepancies between the
requested registration and the type and the grounds of the issued visa the
registration shall not be made and the offices for administrative control of
the foreigners and State Agency "National Security" shall be informed
immediately.
Art. 27b. (New, SG 42/01) (1) The
officials who, as a result of the activity carried out by them, establish a
change of the legal status or of the activities of the foreigners, shall be
obliged to inform immediately the offices for administrative control of the
foreigners.
(2) (suppl. – SG 9/11) In case of
withdrawal or termination of the right of permanent or long-term residence of a
foreigner the offices for administrative control of the foreigners shall
immediately inform the bodies of civil registration.
Art. 28. (Amend., SG 42/01) (1)
(revoked – SG 63/05, in force from 01.01.06)
(2) (revoked – SG 63/05, in force
from 01.01.06)
(3) (suppl., SG 37/03, SG 11/05;
amend. - SG 36/09, amend. - SG 97/16) An individual or a corporate body who has
provided shelter for a foreigner shall, within 3 days from providing the
shelter, inform about this circumstance in writing the office for
administrative control of the foreigners or the regional department of the
Ministry of Interior at his location, announcing the name, the date of birth,
the citizenship, the number and the series of the identification document of
the foreigner.
(4) (amend. - SG 36/09) A person
carrying out hotel activity, or his employee, shall register him immediately
upon accommodation in a special register. The information for the accommodated
foreigners shall be submitted daily by this person by 6 a.m. to the office for
administrative control of the foreigners or at the regional department of the
Ministry of Interior at the location of the hotel.
(5) (revoked – SG 63/05, in force
from 01.01.06)
(6) (prev. para 5 - SG 37/03) The
foreigners accredited as members of foreign diplomatic, consular and trade
representations, as well as of representations of inter-governmental
organisations in the Republic of Bulgaria shall be registered by the Ministry
of Foreign Affairs.
(7) (prev. para 6 - amend., SG
37/03, amend.,– SG 63/05, in force from 01.01.06) The stay in the Republic of
Bulgaria of the persons under Art. 18, Para 2 and art. 24, para 1, item 14
shall not be included in the period necessary for obtaining permit for stay or
for acquiring Bulgarian citizenship by naturalisation.
Art. 28a. (New, SG 42/01) (1)
(amend. SG 54/02) Permitted to a foreigner under 18 years of age, who has
entered the country on legal grounds without an escort - a parent or another
person of age, responsible for him by virtue of a law or tradition, or with an
escort by whom he has been left and he has not requested protection under the
Asylum and Refugees Act, can be extension of the stay on the territory of the
Republic of Bulgaria.
(2) The State Agency for protection of
the child shall temporarily provide for the foreigners under para 1 the
necessary material support and care for meeting their basic vital needs,
medical care and due guardianship and representation, as well as access to free
education in Bulgarian state and municipal schools until the final settlement
of the issue of their stay in the country, but not after the completion of 18
years of age.
(3) In the cases when the foreigners
under para 1 are not permitted extension of the stay on the territory of the Republic
of Bulgaria they shall return to their country of origin, to a third country
ready to receive them, by virtue of an agreement for delivery and acceptance
with the Republic of Bulgaria, on condition that their life and freedom are not
threatened there and they are not exposed to danger of prosecution, torture or
inhuman or humiliating attitude.
Art. 29. (1) (prev. text of Art. 29
- SG 36/09; amend. – SG 9/11)) The foreigners who reside for long term,
extended period or permanently in the Republic of Bulgaria shall certify their
identity by an order determined with a law.
(2) (new - SG 36/09; amend. – SG
9/11, amend. - SG 97/16) The foreigners, staying for a long-term, extended
period, permanently in the Republic of Bulgaria, shall certify their right to
stay in the Republic of Bulgaria with a residence permit according to the
requirements of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying
down a uniform format for residence permits for third-country nationals.
(3) (new – SG 9/11, amend. - SG
97/16) The passport or its substitute document for travelling of the foreigner
shall be valid at least three months from the date of submission of the
application for issuance of residence permit.
(4) (new - SG 36/09; previous Para 3
– SG 9/11) The order of issuing the residence permit referred to in Para 2
shall be determined in an act of the Council of Ministers.
Art. 31. (1) The documents of a
foreigner for travel abroad shall be possible to be temporarily taken away:
1. by the corresponding bodies of
the judicial authority when there is punitive procedure for committed crime of
general character;
2. by the corresponding officials at
accommodation at the places for implementation of the penalty imprisonment;
3. by the bodies of the Ministry of
Interior when there is well-founded doubt that they are false of forged;
4. (amend. - SG 97/16) by the bodies
of the Ministry of Interior when there is an issued order to expel, return or
extradite from the country;
5. (revoked – SG 29/07)
6. by the bodies of the Ministry of
Interior in the cases of foreigners returned from another country.
(2) In the cases of para 1, items 1,
2 and 3 the officers taken the documents of the foreigner shall compile a
record on the basis of which the services for administrative control of
foreigner issue temporary document certifying the identity of the person.
(3) The document for travel abroad
shall be given back to the foreigner when the grounds for temporary taking away
fall away.
(4) (amend. - SG 97/16) The document
for travel abroad shall not be possible to be taken away from foreigners using
immunity in the Republic of Bulgaria except other is provided in the
international agreements to which the Republic of Bulgaria is a party.
Art. 32. The document for travel
abroad shall not be possible to be given or accepted as pawn as well as to be
conceded or used by another person.
Art. 33. (revoked - SG 33/16, in
force from 21.05.2016)
Chapter three "a".
RESIDNENCE OF A FOREIGNER, WHO HAS OBTAINED A LONG-TERM RESIDENCE PERMIT IN
ANOTHER MEMBER STATE OF THE EUROPEAN UNION (new – SG 29/07; title amended – SG
9/11)
Art. 33a. (new – SG 29/07) (1)
(amend. – SG 9/11) A foreigner, who has obtained a long-term residence permit
in another Member State of the European Union, may acquire extended residence
permit in the Republic of Bulgaria:
1. if he/she is a worker, employee
or a self-employed person in the Republic of Bulgaria;
2. with the purpose of education,
including vocational training at an educational institution;
3. (new – SG 9/11) with another
purpose.
(2) (amend. – SG 9/11) The foreigner
under para shall be granted extended residence permit, if he/she meets the
requirements as per Art. 24, para 2 and presents:
1. work permit in the Republic of
Bulgaria – in case he/she is a worker or employee;
2. documents, showing that he/she
has a permit for carrying out free-lance activity and possesses the financial
resources required for carrying out economic activity – in case he/she is a
self-employed person;
3. certificate from educational
institution that he/she is enrolled for education regarding the respective
school year – if the residence is with the purpose of education.
4. (new – SG 9/11) documents with
regard to the circumstances envisaged in Art. 24, Para 2.
Art. 33b. (new – SG 29/07) (1)
(amend. – SG 9/11) The foreigner under Art. 33a, para 1 shall submit at the
offices for administrative control of foreigners an application for issuing
extended residence permit on the territory of the Republic of Bulgaria within
three-months time period from his/her entry on the said territory.
(2) (amend. – SG 21/12; amend. – SG
53/14; amend. - SG 14/15) The application shall be forwarded ex officio to the
Migration Directorate – MI, which shall consider it within 4 months from the
date of submission thereof.
(3) In case the documents referred
to in Art. 33a, para 2 are not enclosed to the application or the case is one
of factual complexity, the term may be extended by a maximum of three months.
In these cases the bodies for administrative control of foreigners shall
immediately inform the foreigner thereof.
(4) The procedure of considering the
application shall be determined in the Regulations on Implementation of the
Law.
Art. 33c. (new – SG 29/07) (1) amend.
– SG 9/11) The extended residence permits shall be issued for a period of one
years.
(2) The permit shall be renewed upon
a request of the foreigner by offices for administrative control of foreigners
after expiration of its term.
Art. 33d. (new – SG 29/07) (1)
(amend. – SG 9/11) In case the foreigner envisaged in Art.33a, para 1 holds an
extended residence permit in the Republic of Bulgaria and has a family, set up
in the Member State of the European Union, which has issued the long-term
residence permit, his/her family members shall be entitled to accompany or to
join him/her.
(2) (suppl. – SG 9/11) In order to
receive residence permit, the family members shall present at the territorial
office for administrative control of foreigners:
1. valid document for travelling
abroad;
2. the documents referred to in Art.
24, para 2, except for the documents referring to the ensured accommodation;
3. their long-term residence permit
or residence permit in the other Member State of the European Union;
4. proof that they have resided in
their capacity as members of the family of long-term resident foreigner in the
other Member State of the European Union.
(3) The term of residence of the
family members shall be determined by the residence term of the foreigner under
Art. 33a, para 1.
(4) In the event that the family has
not been set up under the terms of para 1, with respect to the members of the
family of the foreigner the general rules for entry and stay of foreigners in
the Republic of Bulgaria shall be applied.
Art. 33e. (new – SG 29/07; amend. –
SG 9/11; amend. – SG 21/12; amend. – SG 53/14; amend. - SG 14/15) The Migration
Directorate – MI shall inform the other Member State of the European Union of
the right of extended residence granted to the foreigner under Art. 33a, para
1.
Art. 33f. (new – SG 29/07; revoked –
SG 9/11)
Art. 33g. (new – SG 29/07) (1) In
case the grounds of refusal or withdrawal of residence permit are present, the
bodies of the Ministry of Interior shall immediately and without any formality
return the foreigner under Art. 33a, Para 1 or his/her family members in the
Member State of the European Union, in which they have long-term residence
permit
(2) In the cases referred to in para
1 , the bodies of the Ministry of Interior shall notify the competent bodies of
the other the Member State of the European Union.
(3) (new – SG 43/11, in force from
15.06/2011) Republic of Bulgaria shall immediately and without any formality
accept back a foreigner, whom the country has issued a permit for a long-term
residence, as well as the members of his/her family, in the cases where the
right to residence was deprived or refused by another Member State of the
European Union.
Art. 33h. (new – SG 29/07) (1)
(suppl. – SG 109/07, in force from 01.01.2008) In case the foreigner under Art.
33a, para 1 or his/her family members pose a serious threat to the social
security and order, the bodies of the Ministry of Interior or State Agency
"National Security" may expel them from the territory of the European
Union, before they acquire right of long-term residence in the Republic of
Bulgaria, following a coordination with the competent authorities of the other
the Member State of the European Union, in which they have long-term residence
permit.
(2) At the expulsion shall be
accounted the duration of residence of the foreigner on the territory of the
Republic of Bulgaria, the age, the health condition, the family status, the
social integration, as well as the presence of a connection with the state of
residence or the lack of connection with the state of origin of the person.
(3) (suppl. – SG 109/07, in force
from 01.01.2008) The bodies of the Ministry of Interior or State Agency
"National Security" shall notify the competent authorities of the
other the Member State of the European Union of the enforcement of the
expulsion decision.
(4) (new – SG 23/13, in force from
01.05.2013) A foreigner who holds a residence permit for long-term resident in
the European Union in the first Member State on the ground of the international
protection provided by the same Member State, which has not been revoked, may
be expelled even before he or she is entitled to long-term residence in the
Republic of Bulgaria, if there is reason to believe that the said foreigner
poses a serious threat to national security or, being convicted by a final
judgment of a serious crime, he or she poses a threat to the public order.
(5) (new – SG 23/13, in force from
01.05.2013; amend. - SG 80/15, in force from 16.10.2015) Where it comes to
expulsion of a foreigner who holds a residence permit for long-term resident in
the European Union in the first Member State on the ground of the international
protection in another Member State of the European Union, the competent body
under Art. 44, para 1 shall, through the State Agency for Refugees, file a
request to this Member State for acknowledgement of the international
protection provided.
(6) (new – SG 23/13, in force from
01.05.2013; amend. - SG 80/15, in force from 16.10.2015) Upon request by
another Member State the State Agency for Refugees shall provide information
whether international protection has been granted or not by the Republic of
Bulgaria within one month from submission of the request.
(7) (new – SG 23/13, in force from
01.05.2013; amend. - SG 80/15, in force from 16.10.2015) Upon confirmation of
the international protection provided, foreigners under para 5 and their family
members shall immediately go back to the Member State that has granted them
international protection.
(8) (new – SG 23/13, in force from
01.05.2013; amend. - SG 80/15, in force from 16.10.2015) A foreigner whose
presence in a certain country poses a serious threat to national security or
who, being convicted by a final judgment of a serious crime, poses a threat to
the public order, may be expelled in a country other than the Member State
which has granted the international protection, provided that the requirement
of Art. 44a, para 1 is observed.
(9) (new – SG 23/13, in force from
01.05.2013) The Republic of Bulgaria shall immediately readmit foreign
nationals to whom it has granted international protection, as well as their
family members, where another Member State of the European Union has adopted a
decision for their expulsion.
Art. 33i (new – SG 9/11) (1) For a
foreigner, who has obtained extended residence permit in the Republic of
Bulgaria as a second Member State, and who obtains right to long-term residence
as per Art. 24d, a long-term residence permit may be issued on the ground of a
submitted application.
(2) Services for administrative
control over the foreigners shall notify the first Member State of the granted
right of long-term residence to the foreigner.
(3) (new – SG 23/13, in force from
01.05.2013) Upon issuance of residence permit to a foreign national who is
long-term resident in the European Union and enjoys international protection in
the first Member State in the "Remark" field shall be stated the
international protection provided by the Republic of Bulgaria and the date on
which it has been provided.
(4) (new – SG 23/13, in force from
01.05.2013; amend. - SG 80/15, in force from 16.10.2015) Following
consultations held by the State Agency for Refugees with the first Member
State, during which is confirmed that the international protection provided has
not been withdrawn by a final decision, the competent bodies of the Ministry of
Interior shall make the remark under para 3.
(5) (new – SG 23/13, in force from
01.05.2013; amend. - SG 80/15, in force from 16.10.2015) Where another Member
State makes an inquiry, the State Agency for Refugees shall provide information
on the presence or absence of international protection granted by the Republic
of Bulgaria as a first Member State within one month from submission of the inquiry.
(6) (new – SG 23/13, in force from
01.05.2013) Where international protection is provided by the Republic of
Bulgaria prior to granting a residence permit to a foreign national, residing
in the European Union on a long-term basis, by the competent units of the
Ministry of Interior, the State Agency for Refugees shall notify the Member
State that issued such a permit, to make a remark as laid down in Art. 24e,
para 3.
(7) (new – SG 23/13, in force from
01.05.2013) Where, responsibility for the international protection of the
long-term resident was transferred to the Republic of Bulgaria after the
long-term resident’s EU residence permit was issued by the competent units of
the Ministry of Interior, the remark referred to in para 3 shall be amended
according to Art. 24e, para 3 no later than 3 months after the issuance of a
Bulgarian identity document pursuant to the Bulgarian Personal Documents Act.
(8) (new – SG 23/13, in force from
01.05.2013) The amendment in the Remark box of the long-term resident’s EU
residence permit issued by the competent units of the Ministry of Interior
shall be made on the grounds of a notification by the Member State that it has
undertaken the responsibility for the international protection prior to
granting such permit. The amended permit shall be issued no later than 3 months
after receipt of the notification.
Chapter three "b".
Residence of third country citizens for the purposes of highly qualified
employment (new – SG 9/11), in force from 01.06.2011)
Art. 33j. (new – SG 9/11, in force
from 01.06.2011; suppl. – SG 43/11, in force from 15.06.2011, amend. - SG
33/16, in force from 21.05.2016, amend. - SG 97/17) (1) Residence and work
permit of the "EU Blue Card" type may be granted to foreigners who
are highly qualified workers pursuant to the Labour migration and labour
mobility Act and hold a visa under Art. 15, Para. 1 or a permit for long-term
residence in the Republic of Bulgaria on other grounds.
(2) (amend, and suppl. – SG 543/11,
in force from 15.06.2011; amend. – SG 70/13, amend. - SG 97/17) The permit
under Para. 1 shall be issued after a decision of the authorities of the
Ministry of Labour and Social Policy for a period of up to 4 years. If the
duration of the employment contract is shorter, the permit shall be issued for
the duration of the contract extended by three months, and may be renewed, if
there are grounds for its reissuing.
(3) Family members of the blue card
holder may be granted with extended residence permit with period of validity
relevant to the allowed residence period of the EU Blue Card holder. For the
issuance of a residence permit for the family members, the requirements as per
Art. 24, Para shall be fulfilled.
(4) (suppl. – SG 70/13) Permit
referred to in in Para 1- 3 shall be issued following a single application
procedure, laid down in the Regulations for Implementation of this Act.
(5) (new – SG 70/13, suppl. - SG
24/18, in force from 23.05.2018) An EU blue card holder shall be granted a
residence permit in compliance with the requirements laid down in Council
Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for
residence permits for third-country nationals, provided that in the Section
"Permit type" is entered "EU blue card". Upon change of
employer under the Labour Migration and Labour Mobility Act a new permit shall
be issued under Para. 1.
(6) (New - SG 97/17, amend. - SG
24/18, in force from 23.05.2018) Permit under Para. 1 can not be issued to
foreigners who have been granted a long-term residence permit on the grounds of
Art. 24l, as well as to family members of European Union citizens who have
exercised or are exercising their right of free movement within the territory
of the European Union and have been granted the right of residence under the
Act On the Entering, Residing And Departing from the Republic of Bulgaria of
European Union Citizens Who Are Not Bulgarian Citizens, And Their Family
Members.
Art. 33k. (new – SG 9/11, in force
from 01.06.2011) (1) Any holder of an EU Blue Card, issued in another Member
State of the European Union, who have resided on the territory of that Member
State for 18 months, may, together with the members of his/her family reside in
the Republic of Bulgaria for the purposes of highly skilled employment.
Application for the issuance of EU Blue Card in the Republic of Bulgaria shall
be submitted not later than a month after the foreigner’s entry in the country.
(2) If the term of validity of the
Blue Card , issued in the first Member State, elapses during the proceedings of
issuance of an EU Blue Card in the Republic of Bulgaria, the services of
administrative control over the foreigners shall issue a temporary residence
permit for the foreigner, which permit shall provide him/her the opportunity to
prolong his/her legal residence in the Republic of Bulgaria till decision on
his/her application is taken by the competent authority.
(3) Para 1 and 2 shall also be
applicable where the foreigner has exercised his/her right to migrate in
another Member State.
(4) (suppl. – SG 43/11, in force
from 15.06.2011) In the cases, where the holder of an EU Blue Card, issued in
another Member State, migrates into the Republic of Bulgaria as per Para 1 and
if his/her family has already reunited in that Member State, members of his/her
family shall be granted a permission to accompany him/her or reunite him/her.
Where provisions of Para 2 shall be applied respectively, to the family members
of the holder of an EU Blue Card a temporary residence permit may be issued.
Art. 33l. (new – SG 9/11, in force
from 01.06.2011) (1) A holder of an EU Blue Card may be granted a statute of
long-term residing in the Republic of Bulgaria, if he/she resided legally and
uninterruptedly 5 years on the territory of Member States of the European Union
as a holder of EU Blue Card, from which 2 years on the territory of the
Republic of Bulgaria.
(2) The five years period envisaged
in Para 1 shall not be considered interrupted by periods of absence of the EU
Blue Card holder from the territory of Member States of the European Union,
with the purpose to exercise economical activity as an employed or free-lanced
person due to performing a volunteer activity or education in his/her country
of origin, if these periods are shorter than 12 consequential months and the
total duration do not exceed 18 months within the five years period.
(4) For the holder of EU Blue Card,
who has obtained a statute of long-term residing person in the Republic of
Bulgaria, a residence permit shall be issued in accordance with the
requirements laid down in the Council Regulation (EC) No 1030/2002 of 13 June
2002 laying down a uniform format for residence permits for third-country
nationals, and "former holder of EU Blue Card" shall be entered in
the field "Remark".
Art. 33m. (new – SG 43/11, in force
from 15.06.2011) Unemployment period shall not be a ground to deprive from EU
Blue Card or to refuse prolongation of the residence term to its holder, where
it does not exceed 3 consecutive months or where it does not arise more than
once for the validity period of the EU Blue Card.
Art. 33n. (new – SG 43/11, in force
from 15.06.2011) Members of the family of an EU Blue Card holder may be granted
an independent long-term residence permit under conditions as per Art. 24f,
Para 4.
Chapter three "c".
RESIDENCE OF THIRD COUNTRY CITIZENS FOR THE PURPOSES OF INTRA-CORPORATE
TRANSFERS (NEW - SG 33/16, IN FORCE FROM 21.05.2016)
Art. 33o. (New - SG 33/16, in force from
21.05.2016) (1) Permits for persons transferred during intra-corporate
transfer, with the right of extended residence, can be given to foreigners who
meet the requirements for access to the labour market under the Labour
migration and labour mobility Act and who hold a visa under Art. 15, para. 1.
(2) The permit under par. 1 shall be
issued following a decision by the authorities of the Ministry of Labour and
Social Policy, for a period of one year ,and shall be renewed if there are
grounds for reissue. If the duration of the employment contract is less than
one year, the permit shall be issued for the duration of the contract.
(3) The permit under par. 1 shall be
issued in accordance with Regulation (EC) № 1030/2002 of the Council of 13 June
2002 on a uniform format for residence permits for third-country nationals
subject to uniform application procedure and by an order, determined in the
regulation on the act’s implementation, where in the field "type of permit”
it shall be noted “intra-corporate transfer".
(4) (Suppl. - SG 24/18, in force
from 23.05.2018) “Migration” Directorate, sector/group "Migration" at
the Metropolitan Directorate of Internal Affairs, or the respective Regional
Office of the Ministry of the Interior shall notify in writing the applicant
regarding the permit under par. 1 no later than 14 days from the date of its
filing.
(5) When, during a renewal
procedure, the validity of the permit under par. 1 expires, the person is
entitled to reside in the Republic of Bulgaria until a decision on the
application is reached.
Art. 33p. (New - SG 33/16, in force
from 21.05.2016) (1) (Amend. - SG 24/18, in force from 23.05.2018) Family
members of the permit holder, who has been transferred during intra-corporate
transfer, can receive permits for extended stay pursuant to Art. 24, Para. 1,
item 13 for the term of residence of the holder, if they meet the conditions of
Art. 24, Para. 2.
(2) The permit under par. 1 shall be
issued following an application procedure and by an order, determined by the regulation
on the act’s implementation.
Art. 33q. (New - SG 33/16, in force
from 21.05.2016) Permit holder, transferred during intra-corporate transfer,
whose permit has been issued by a first Member State, shall be entitled to stay
in the Republic of Bulgaria as a second Member State for up to 90 days within
any period of 180 days.
Art. 33r. (New - SG 33/16, in force
from 21.05.2016) (1) Permit holder, being a person transferred during
intra-corporate transfer, whose permit has been issued by a first Member State,
shall be entitled to stay for more than 90 days in the Republic of Bulgaria as
a second Member State if the holder meets the conditions for access to the
labour market under the Labour migration and labour mobility Act.
(2) The permit holder under par. 1
shall be issued a permit for mobility in an intra-corporate transfer in
accordance with requirements of Regulation (EC) № 1030/2002 of the Council of
13 June 2002 on a uniform format for residence permits for third-country nationals,
as in the field "notes" it shall be written “mobile ICT - mobility in
ICT".
(3) The Ministry of Interior shall
inform the competent authorities of the first Member State when issuing a
permit for mobility in intra-corporate transfer.
(4) The first Member State shall
inform the Ministry of Interior of the Republic of Bulgaria when revoking a
permit to a person transferred during intra-corporate transfer.
(5) The host company shall inform
the Migration Directorate and the Employment Agency of any changes affecting
the conditions, under which the mobility was permitted, where the Republic of
Bulgaria is the second Member State.
(6) Permit holder, being a person
transferred during intra-corporate transfer, for whom the grounds under Art.
10, para. 1, item 1 are present, shall not be allowed entry or stay on the
territory of the Republic of Bulgaria.
Chapter four.
FOREIGNERS LEAVING THE REPUBLIC OF BULGARIA
Art. 34. (amend. - SG 97/16) Any
foreigner shall be obliged to leave the country till the elapse of the
permitted term of his stay.
Art. 35. (1) A foreigner staying for
a short term who's document for travel abroad has been substituted with a new
one shall be able to leave the country after notifying about this the services
for administrative control of foreigner except other is provided in an
international agreement to which the Republic of Bulgaria is a party.
(2) A foreigner who has an extended
residence permit shall be able to leave the country and to return back without
a visa till the elapse of the permitted term for stay.
(3) (suppl – SG 9/11) A foreigner
who has a long-term or permanent residence permit shall be able to leave the
country and to return back without a visa.
(4) (New - SG 97/16) In the event
that the validity of the residence permit has expired prior to returning to the
country, the foreigner may enter the territory of the Republic of Bulgaria with
a visa under Art. 15, para. 1, issued on terms and conditions determined by the
ordinance under Art. 9f, par. 1.
Art. 36. (amend. - SG 97/16) The
foreigners shall be able to leave the Republic of Bulgaria through the places
determined for this on the basis of passports or documents for travelling
substituting them giving them the right to leave the country.
Art. 37. A foreigner shall not be
able to leave the country if for him there is undertaken compulsory
administrative measure for not leaving.
Art. 38. A foreigner who with a
transport means leaves the Republic of Bulgaria on road, in the air or on water
shall possess the documents of art. 21, para 1, items 2 and 3, as well as
permission for export of the transport means if this is necessary.
Art. 39. The handing over of a
foreigner for committed crime shall be implemented under the conditions and by
the order established by the Bulgarian laws and the international agreements to
which the Republic of Bulgaria is a party.
Chapter five.
ADMINISTRATIVE COERCIVE MEASURES
Section I.
Compulsory administrative measures
Art. 39a. (New, SG 42/01; prev. text
of Art. 39a – SG 23/13) (*)) The compulsory administrative measures imposed to
the foreigners according to this Act are:
1. revoking the right of stay in the
Republic of Bulgaria;
2. (amend. - SG 97/16) return to
country of origin, country of transit crossing or a third country;
3. expulsion;
4. (amend. – SG 23/13); (*), suppl. –
SG 70/13 (*)) prohibition to enter and reside on the territory of Member States
of the European Union;
5. prohibition to leave the Republic
of Bulgaria.
(2) (new – SG 23/13) In the
implementation of administrative coercive measures under para 1, items 1 and 2
shall be monitored by the Ombudsman of the Republic of Bulgaria or by
authorized officials from its administration as well as by representatives of
national or international no0n-governmental organizations.
Art. 39b. (new - SG 36/09) (1)
(amend. – SG 23/13) In the order imposing a compulsory administrative measure
under Art. 39a, para 1, Items 1 and 2 shall be specified a term between 7 and
30 days, within which foreigners shall voluntarily fulfil their obligation to
return.
(2) (suppl. – SG 9/11) In order to
be provided a term for voluntary departure longer than 30 days, the foreigner
shall submit an application to the competent authority, which has issued the
order under Para 1 and which shall decide and notify the foreigner within three
days. In such cases the specific circumstances shall be taken into account for
each individual case, such as: the length of stay, health status, needs of the
vulnerable groups, presence of children attending school and other family and
social relations. Term for voluntary departure may be prolonged but for no
longer than one year.
(3) Where a voluntarily departure
has been allowed, but it is probable that the foreigner hides himself, the
competent authority issuing the order under Para 1 may issue an order to the
foreigner to present himself daily at the territorial structure of the Ministry
of Interior at the location of his residence.
(4) Where the person presents a
threat for the national security or for the public order, the competent
authority shall not provide a term for voluntary departure.
Art. 40. (Amend., SG 42/01) (1) The
revoking of the right of stay of a foreigner in the Republic of Bulgaria shall
be imposed when:
1. (amend. - SG 36/09; amend. – SG
9/11; amend. and suppl. – SG 16/13; suppl. – SG 70/13, in force from
24.12.2013; amend. and suppl. – SG 108/13, suppl, - SG 33/16, in force from
21.05.2016, suppl. - SG 97/17, suppl. - SG 24/18, in force from 23.05.2018)
grounds, laid down in Art. 24; 24a; 24b; 24c; 24f; 24h; 24i; 24j, 24l, 24m,
24n, Art. 25 Para 1, items 6, 7, 8, 13, 16 and 17; Art. 25b; 25d, 33a; 33d; 33k
and 33l, 33o and 33r do not exist anymore, as well as in those cases where the
investment with regards to which the foreigner has been granted permanent
residence, is terminated or transferred to another person prior to the expiry
of the time limit fixed in the law, regardless of the grounds for the said
termination or transfer;
2. (suppl. – SG 9/11) the grounds of
Art. 10, Para 1, items 104, 6011, 14, 16, 20-22; as well as in the cases under
Art. 26, Para 3 are present;
3. it is established that the data
presented for its obtaining are untrue;
4. (suppl. - SG 36/09; amend. – SG
9/11) the marriage is terminated before the elapse of 7 years from its
contracting in the cases under art. 25, Para 1, item 2;
5. (amend. - SG 36/09; amend. – SG
16/13; suppl. – SG 23/13, amend. - SG 97/17) within one year after the
permission the foreigner has not settled and is not on the territory of the
country except the cases of Art. 25, para 1, items 6, 7, 8, 13 and 16, as well
as regarding the members of a family of a foreigner under Art. 25, Para 1,
items 6, 7, 8, 13, 16 and Art. 25d.
6. (amend. - SG 36/09; amend. – SG
9/11; amend. – SG 21/12; amend. – SG 16/13, amend. - SG 97/17) is found that
the foreigner, who was granted a long-term or permanent residence permit, was
absent from the territory of the Member States of the European Union for a
period of 12 consecutive months, except in cases of permitted permanent stay
under Art. 25, Para 1, Items 6, 7, 8, 13, 16 and Art. 25d, as well as regarding
family members of a person under Art. 25, para 1, items 6, 7, 8, 13 and 16;
7. (new – SG 52/07; amend. – SG
9/11) the refugee status or humanitarian status or the temporary asylum granted
under the Asylum and Refugees Act is withdrawn or terminated;
8. (new – SG 52/07) the asylum
granted under the Asylum and Refugees Act is withdrawn.
9. (new – SG 9/11) a foreigner, who
was granted a long-term permit, has obtained a statute of long-term residing
person in another Member State of the European Union;
10. (new – SG 9/11, suppl. - SG
97/17) is found that the matrimony with a Bulgarian citizen is was terminated
before the elapse of 5 years of its concluding, with the exception of the cases
under Art. 24l and Art. 25d;
11. (new – SG 9/11, in force from
01.06.2011) a holder of EU Blue Card has obtained a long-term residence permit
in the Republic of Bulgaria, or the members of his/her family, who have
obtained a long-term residence permit, have been absent for 24 consequential
months from the territory of the Member States of the European Union;
12. (New - SG 9/11, in force from
01.06.2011, amend. and suppl. - SG 33/16, in force from 21.05.2016) it is
established that the holder of the EU blue card or of the permit of a person
transferred during intra-corporate transfer is residing for purposes other than
those, for which the residence permit has been given, as well as when the card
holder has violated the conditions of access to the labour market under the
Labor migration and labour mobility Act.
13. (new - SG 97/17) a member of the
family of a Bulgarian citizen with granted right of permanent residence under
Art. 25d is absent from the Republic of Bulgaria for a period longer than two
consecutive years.
(2) (*) (amend. – SG 9/11) In the
cases envisaged in Art. 10, Para 1, item 19, right to reside may be withdrawn
after consultations with that Member State, who has forwarded the signal of
refused entry.
(3) (new – SG 9/11) Right of
long-term residence shall be withdrawn in the cases envisaged in Para 1, items
3, 6, 9; and 11 and in Art. 42, Para 1, where the foreigner represents a real
and serious danger for the national security and public order.
(4) (new _ SG 9/11, suppl. - SG
97/17) In all cases after a 6 years absence from the territory of the Republic
of Bulgaria, grated right of long-term or permanent residence shall be
withdrawn, with the exception of the cases under Art. 25d.
(5) (new 0 SG 9/11) Right of
residences of a foreigner, who obtained residence permit under Chapter Three
"A", and of his family members shall be withdrawn in the cases
envisaged in Para 1, items 1 and 2, except for the cases of Art. 10, Para 1,
item 8 and in the cases where the persons do not reside legally on the
territory of the Republic of Bulgaria.
(6) (new – SG 29/07; previous Para
3, suppl – SG 9/11) A copy of the entered into force order for deprivation of
the right of long-term or permanent residence of a foreigner in the Republic of
Bulgaria shall be sent to the municipality at his/her permanent address in
order to be entered in the register of the population.
Art. 41. (Amend., SG 42/01, amend. -
SG 97/16) Return shall be required when:
1. the foreigner cannot certify
his/her entering the country lawfully;
2. (amend. - SG 36/09) the foreigner
does not leave the country until the expiration of the permitted term or within
the terms of Art. 39b;
3. (amend. - SG 97/16) it is
established that the foreigner has entered and has resided in the country with
a false or forged passport or a document for travelling substituting it;
4. (new - SG 97/16) regarding the
foreigner there is an enacted decision for refusal, terination or withdrawal of
international protection or asylum, or with regard to whom proceedings under
the Asylum and Refugees Act have been terminated with an effective decision,
unless the termination has been given towards a foreigner, for whom there is a
decision for re-admission into the Republic of Bulgaria and the proceedings
have not re-opened;
5. (new - SG 97/16) it is
established that the foreigner has crossed the border of the country lawfully,
but tries to leave it not at the designated points or with false or forged
passport or a document for travelling substituting it.
Art. 41a. (New - SG 97/17) A
foreigner who has been imposed a compulsory administrative measure under Art.
41 may be issued with a European Return Document as required by Regulation (EU)
2016/1953 of the European Parliament and of the Council of 26 October 2016 on
the validation of a European Road Transport Document for the return of
illegally staying third-country nationals and repealing the Council
Recommendation of 30 November 1994 (OJ, L 311/13 of 17 November 2016) in
accordance with the procedure laid down in the Implementing Regulations.
Art. 42. (Amend., SG 42/01) (1)
(amend. – SG 23/13) Expulsion of a foreigner shall be imposed where:
1. his or her presence in the
country creates a serious threat to national security or public order;
2. the grounds under Art. 10, para
1, items 1 – 4 are present.
(2) (amend. – SG 23/13) (*), suppl. –
SG 70/13 (*)) By imposing the compulsory administrative measure under para 1
shall be withdrawn the right of stay of the foreigner in the Republic of
Bulgaria and shall be imposed a prohibition of entering and residing in the
territory of the Member States of the European Union.
(3) (new – SG 9/11) Expulsed shall
also be a foreigner, who holds residence permit or another permit granting
right to reside, issued by another Member State, if he/she does not returns in
that Member State within 7 days tern from the moment when illegal residing was
found.
(4) ( new – SG 9/11; suppl. – SG
23/13) Before imposture of expulsion to a foreigner, who was granted a
long-term residence permit, duration of residing of the foreigner in the
Republic of Bulgaria, the age, health status, marital status, social
integration, existing relations in the country or absence of relations with
country of origin shall be taken in view. Expulsion may not be justified on
economic grounds.
(5) (New - SG 97/17) Where the
expulsion order against a family member of a Bulgarian citizen, who was granted
the right of residence pursuant to Art. 24l or Art. 25d, has not been
implemented for over two years after its entry into force, the authority which
issued it shall verify that the factual grounds for its issuance still exist.
Where the de facto grounds have been dropped, the order shall be revoked.
(6) (New - SG 97/17) A member of the
family of a Bulgarian citizen who has been granted a right of residence
pursuant to Art. 24l or Art. 25d and who was set to be expelled, shall not be
expelled to a country where his life and freedom are threatened and he is
exposed to the risk of persecution, torture or inhuman or degrading treatment.
Art. 42a. (new – SG 29/07) Expulsed
shall also be a foreigner, residing in the territory of the Republic of
Bulgaria, to whom expulsion decision is issued by the competent authorities of
another Member state of the European Union.
Art. 42b. (new – SG 29/07) (1) The
expulsion under Art. 42a. shall be executed in case the expulsion decision has
not been repealed or temporarily suspended in order to be enforced by the
Member State of the European Union, which has issued it, in case:
1. the foreigner poses a serious
danger to public order or national security because of the fact that:
a) with respect to him/her there is
a sentence, entered into force, for a crime, regarding which is imposed penalty
imprisonment for a period of one year minimum;
b) sufficient data is available that
he/she has committed serious crime or there is sufficient data for his/her
intention of committing such a crime on the territory of a Member state of the
European Union;
2. the decision for expulsion of the
foreigner is grounded on the fact that he/she does not observe the requirements
of the legislation regarding entry and stay of foreigners in the Member state
of the European Union, which has issued it.
(2) In the cases referred to in para
1, item 1, where the foreigner has a residence permit in the Republic of
Bulgaria, Art. 42, para 2 shall be applied.
Art. 42c. (new – SG 29/07) (1) The
expulsion under Art. 42a shall be executed after receiving a confirmation that
it has not been repealed or temporarily suspended from the competent
authorities of the Member State of the European Union, which has issued the
expulsion decision, as well as documents ascertaining the identity of the
foreigner.
(2) (amend. - SG 77/18, in force
from 01.01.2019) The execution of the expulsion decision, issued by the
competent authorities of another Member State of the European Union, may be
subject to contestation by the manner of the Art. 46.
Art. 42d. (new – SG 29/07) The
expulsion under Art. 42a. shall not be executed, if otherwise provided by
special law or international agreement, to which the Republic of Bulgaria is a
party.
Art. 42e. (new – SG 29/07) The
bodies of the Ministry of Interior shall inform the competent authorities of
the other Member State of the European Union, who have issued the expulsion
decision, of its execution or of presence of ground for non-fulfilment thereof.
Art. 42f. (new – SG 29/07) In case
the expulsion may not be carried out at the expense of the foreigner being
expulsed, the bodies of the Ministry of Interior shall notify the competent
authorities of the other Member State of the European Union, who have issued
the expulsion decision, of the expenses made in relation to its execution. The
manner of notification shall be determined by the Regulations for
Implementation of the Law.
Art. 42g. (new – SG 29/07; suppl. –
SG 109/07, in force from 01.01.2008) On the grounds referred to in Art. 42b,
para 1, the bodies of the Ministry of Interior and State Agency "National
Security" may issue an order for expulsion and to demand its enforcement
by the competent authorities of the other Member State of the European Union
with regards to a foreigner, who is situated on its territory.
Art. 42h. (New, SG 42/01; prev. text
of Art. 42a – SG 29/07) (1) (suppl. – SG 9/11; amend. – SG 23/13 (*), amend. –
SG 70/13) Prohibition of entry and residence in the territory of Member States
of the European Union shall be imposed where:
1. the grounds under Art. 10, para 1
are present;
2. no time limit has been given for
the person to leave Bulgaria voluntarily under the terms of Art. 39b, para 4;
3. the foreign national fails to
fulfil his/her obligation to return.
(2) (revoked – SG 9/11)
(3) (amend. and suppl. - SG 36/09;
amend. – SG 23/13; (*), amend. – SG 70/13 (*)) The prohibition for entry and
residence in the territory of Member States of the European Union shall be
valid for a period of 5 years. The prohibition for entry and residence in the
territory of Member States of the European Union may be for a period longer
than 5 years, where the person presents a serious threat for the public order
or for the national security.
(4) (amend. and suppl. – SG 9/11)
The prohibition of entry can be imposed simultaneously with the compulsory
administrative measure under Art. 40, Para 2, or under art. 41 when the grounds
under Art. 10, Para 1 are present.
Art. 43. (Amend., SG 42/01) (1)
Prohibition to leave the Republic of Bulgaria shall be imposed to a foreigner
who:
1. has been convicted by an enacted
sentence and has not served the imposed imprisonment;
2. (amend., SG 37/03; revoked – SG
23/13)
3. (Amend., SG 45/02; revoked – SG
23/13
(2) (revoked – SG 9/11)
(3) (amend. - SG 97/16) A Bulgarian
citizen under 18 years of age having another citizenship as well, one of whose
parents is a Bulgarian national and has not presented a written consent for
travelling abroad, shall not be allowed to leave the Republic of Bulgaria.
Art. 44. (Amend. SG 42/01) (1)
(amend. SG 54/02; amend., SG 103/03; taking effect in three months from the
promulgation of this Act in the State Gazette; amend. – SG 82/06; amend.– SG
29/07; suppl. – SG 109/07, in force from 01.01.2008; amend. - SG 36/09; suppl. –
SG 93/09, in force from 25.12.2009; amend. – SG 44/12; amend. – SG 52/13, in
force from 14.06.2013; amend. – SG 53/14; amend. - SG 14/15) Compulsory
administrative measures shall be imposed by orders of the Chairman of State
Agency "National Security" and the Directors of the Chief
Directorates "National Police", "Border Police" and
"Fighting Organised Crime", the Directors of the Capital and Regional
Directorates, the Director of the Migration Directorate, the Directors of the
regional directorates "Border Police" at the Ministry of Interior and
of officials authorized by them. The circumstances requiring the imposition of
a certain compulsory administrative measure, when containing classified
information, shall be noted in a separate document, drawn up by the respective
officials under the order of the Protection of the Classified Information Act.
(2) (amend. - SG 36/09; suppl. – SG
9/11)) When imposing compulsory administrative measures, the competent shall
take into account the duration of the stay of the foreigner on the territory of
the Republic of Bulgaria, the categories of vulnerable persons, presence of
proceedings under the Asylum and Refugees Act or of proceedings for renewal of
residence permit or of another permit granting right to reside, his family
status and the availability of family, cultural and social relations with the
country of origin of the person.
(3) (amend. – SG 82/06; amend.– SG
29/07) The orders for imposing compulsory administrative measures shall be
carried out by the offices for administrative control of the foreigners,
respectively by the bodies for border control upon their enactment, unless the
body who has issued the order has admitted preliminary fulfilment.
(4) Subject to immediate fulfilment
shall be:
1. (suppl. - SG 101/16, in force
from 20.12.2016) the orders for withdrawal of the right of stay in the Republic
of Bulgaria for the presence of the circumstances under art. 10, para 1, item 1
and 1a;
2. (amend. – SG 23/13; suppl. - SG
101/16, in force from 20.12.2016) (*)) the orders for imposing prohibition to
enter and reside in the territory of Member States of the European Union for
the presence of the grounds under art. 10, para 1, item 1 and 1a;
3. the expulsion orders.
(5) (amend. - SG 36/09; amend. – SG
23/13, amend. - SG 97/16, amend. - SG 97/17) When obstacles exist for a
foreigner to leave the country immediately or to enter another country, and no
actions are scheduled for his forthcoming expulsion, the authority issuing the
enforcement administrative measure or the director of the Migration
Directorate, shall, after assessing the individual circumstances and the risk
of hiding or thwarting the return by other means, shall order by an order, laid
down in the implementing regulation, the execution - together or separately -
of any of the following precautionary measures:
1. the foreigner shall undertake to
appear on a weekly basis at the territorial structure of the Ministry of
Interior at his place of residence;
2. the foreigner shall pay,
personally or through a third person, a pecuniary guarantee within the term and
in an amount determined by the regulation for implementation of the act;
3. the foreigner shall transmit in a
temporary pledge a valid passport or other travel document for abroad, which he
receives back in the course of the return or expulsion.
(6) (amend. - SG 36/09; amend. – SG
23/13, amend. - SG 97/16, amend. - SG 97/17) When the person who was imposed a
compulsory administrative measure under Art. 39a, para 1, Items 2 and 3,
hinders the execution of the order or there is risk from hiding, the
authorities under Para. 1 may issue an order for compulsory accommodation of
the person in a special hostel for temporary accommodation of foreigners with
the purpose of organising their return or expulsion. Forced accommodation shall
also be ordered in cases where the foreigner does not fulfill the conditions of
the precautionary measures imposed by Para. 5.
(7) (new, SG 37/03; amend., SG
103/03; taking effect in three months from the promulgation of this Act in the
State Gazette; amend. – SG 82/06; amend., SG 69/08; amend. – SG 53/14, amend. -
SG 97/16) Established at the General Directorate "Border Police"
shall be special homes for temporary accommodation of foreigners for whom order
has been issued for return or for expulsion.
(8) (new - SG 36/09; amend. – SG
70/13; amend. – SG 53/14, amend. - SG 97/16, amend. - SG 97/17) The
accommodation shall last until the circumstances under Para 6 cease to exist,
but no longer than 6 months. Official inspections shall be conducted on a
monthly basis by the competent authorities referred to in para 1, together with
the Director of the General Directorate "Border Police", in order to
ascertain the existence of grounds for forcible placement in special
facilities. By exception, where the person refuses to cooperate with the
competent authorities, the receiving of the required documents for return or
expulsion at the date of expiry of the allowed term of forced accommodation
under Para. 6, the Director of the Migration Directorate may issue an order for
extension of the forced accommodation in the special home for a period not
longer than an additional 12 months. The order for extension of the forced
accommodation shall be subject to appeal under the procedure of Art. 46a, Para.
1 and 2. When, given the specific circumstances of the case, it is established
that a reasonable possibility for the deportation of a foreign national no
longer exists for legal or technical reasons, the person concerned shall be
released immediately.
(9) (new - SG 36/09; amend. and
suppl. – SG 23/13, amend. - SG 97/17) By exception, in case of the
circumstances under Para 6 for the accompanied minors or juveniles shall be
issued an order for compulsory accommodation in a special hostel for a period
of up to three months. In the specialised hosts under Para 7 shall be separated
premises for accommodation of minor and juvenile foreigners with conditions
suitable for their age and needs. Compulsory accommodation shall not apply as
regards to unaccompanied minors and juveniles. The body that has issued the
order imposing the coercive administrative measure shall deliver the person to
an official of the respective Social Support Directorate, which shall undertake
protection measures pursuant to the Child Protection Act.
(10) (new, SG 37/03; suppl. – SG
109/07, in force from 01.01.2008; prev. text of Para 08, amend. - SG 36/09,
amend. - SG 97/17) The accommodation of foreigners in the special homes shall
be carried out on the grounds of an order for compulsory accommodation, issued
by the competent authority under Para. 1, whereby the order shall explicitly
state the necessity and the legal grounds for the accommodation, and a copy of
the order for the imposed enforcement administrative measure of returning or
expulsion shall also be enclosed.
(11) (new, SG 37/03; prev. text of
Para 09, amend. - SG 36/09, suppl. - SG 97/16, amend. - SG 97/17) The order of
temporary accommodation of the foreigners in the special homes and their units,
as well as the organisation and their activity shall be determined by an
ordinance of the Minister of Interior.
(12) (new - SG 80/15, in force from
16.10.2015, suppl. - SG 97/16) Accommodation in special homes for temporary
accommodation of foreigners shall not be ceased where there are serious grounds
for presuming that a foreigner has filed a subsequent application for
international protection only in order to delay or hinder the enforcement of a
compulsory administrative measures under Art. 39a, para. 1, pt. 2 or 3. The
continuation of accommodation shall subject to appeal pursuant to Art. 46a,
para 1 - 5.
(13) (New - SG 97/16, amend. - SG
97/17, in force from 06.06.2018) In the cases of a foreigner with identity not
yet established, the authority under Para. 1, after an individual assessment of
the principles of proportionality, may issue against him an order for
short-term accommodation in a unit designed for this purpose of the special
facility for temporary accommodation of foreigners for up to 30 calendar days
to conduct initial identification and authentication, and to assess subsequent
administrative measures which must be taken. Foreigners suspected of being
minors or under age shall be accommodated together with their companions in
special areas. Re-accommodation of a foreigner in a separated unit for
short-term accommodation in a special home for temporary accommodation of
foreigners shall not be allowed.
(14) (New - SG 97/17) The order
under Para. 5, which orders the execution of a precautionary measure, may be
appealed within 14 days from its issuance pursuant to the Administrative
Procedure Code. The appeal shall not stop the execution of the order.
Art. 44a. (1) (New, SG 42/01; prev.
text of Art. 44a – SG 23/13) A foreigner with imposed compulsory administrative
measure of expulsion shall not be expulsed to a country where his life and
freedom are endangered and he is subjected to a danger of prosecution, torture
or inhuman or humiliating treatment.
(2) (new – SG 23/13) Where the
circumstances under para 1 are established by an effective judicial decision
the foreigner shall be issued and served an order by the authority that issued
the expulsion order which explicitly states the prohibition of expulsion and
the country in which the foreigner should not be deported. The order shall not
be subject to appeal.
(3) (new – SG 23/13) Foreigners
shall appear once a week at the territorial unit of the Ministry of Interior at
their place of residence.
(4) (new – SG 23/13, in force from
01.05.2013, amend. - SG 33/16, in force from 21.05.2016) In case a year after
the order under para 2 expulsion in a third safe country has not been carried
out, the foreigner shall be allowed temporary access to the labour market under
the terms and conditions of the Labour Migration and Labour Mobility Act –
until implementation of the expulsion.
Art. 44b. (1) (New, SG 42/01; prev.
text of Art. 44b – SG 52/07, amend. - SG 97/16) If there is impossibility of
immediate expulsion or return of the foreigner or the fulfilment of these
measures must be postponed due to reasons of legal or technical nature, the
body which has issued the order for imposing compulsory administrative measure
shall postpone its fulfilment for a period until the dropping of the obstacles
for its fulfilment.
(2) (new – SG 52/07, amend. - SG
97/16) When after expiration of the term of temporary protection under the
Asylum and Refugees Act the expulsion or the return of the foreigner is
impossible or the performance of these measures must be delayed because of
reasons of health or humanitarian character, the authority, who has issued the
order for imposing a compulsory administrative measure, shall postpone the
fulfilment until dropping of the obstacles for its imposition.
Art. 44c. (*) (new – SG 9/11) Signal
for refusal shall be entered into the Schengen Information System on the
grounds of entered into force:
1. refusals , issued on the grounds
of Art. 10, Para 1, items 1-4, 11, 14, 16, 20-22 and Art. 26.
2. orders for imposture of
compulsory administrative measures under Art. 39a, Items 1-4.
Art. 45. (amend. – SG 29/07) (1) The
expenses, related to residence and removal from the Republic of Bulgaria of a
foreigner, who has entered the state following an invitation from a physical or
legal person, with regards to which it is ascertained that he/she does not meet
the legal requirements for residence of foreigners in the Republic of Bulgaria,
shall be for the account of the host.
(2) (amend. - SG 12/09, in force
from 01.01.2010) In the cases referred to in para 1 the expenses, related to
the stay and taking out of a foreigner from the state, shall be collected by
the National Revenue Agency following the procedure, provided for in the
National Revenue Agency Act.
(3) (new – SG 52/07; amend. - SG
80/15, in force from 16.10.2015) The costs related to taking a foreigner from
the country in fulfilment of a decision under the Asylum and Refugees Act for
transfer of a foreigner in the country, competent to consider his application
for international protection, shall be at the expense of the state budget.
(4) (New - SG 24/18, in force from
23.05.2018) The employer or the host organization shall bear the costs of
returning the illegally staying third-country national.
(5) (New – SG 43/11, in force from
15.06.2011, previous Para. 4 - SG 24/18, in force from 23.05.2018) Expenses,
related to the transportation and acceptation back of the EU Blue Card Holder,
as well as these of the members of his/her family, issued by another Member
State, shall be on the account of the applicant and/or of his/her employer.
Art. 46. (Amend., SG 42/01) (1)
(amend. - SG 30/06, in force from 12.07.2006; amend. – SG 29/07) The orders for
imposing compulsory administrative measures can appealed under the conditions
and by the order of the Administrative Procedure Code.
(2) (amend. – SG 29/07) The orders
for:
1. (suppl. - SG 101/16, in force
from 20.12.2016) withdrawal of the right of stay in the Republic of Bulgaria on
the grounds under art. 10, para 1, item 1 and 1a;
2. (amend. – SG 23/13; (*), suppl. –
SG 70/13 (*); suppl. - SG 101/16, in force from 20.12.2016) imposing
prohibition to enter and reside in the territory of Member States of the
European Union on the grounds under art. 10, para 1, item 1, and 1a and
3. expulsion
(amend. - SG 77/18, in force from
01.01.2019) shall be subject to appeal before the relevant administrative court
in accordance with the Administrative Procedure Code. The decision of the court
shall be final.
(3) The orders under para 2 shall
not indicate the factual grounds for imposing compulsory administrative
measure.
(4) The complaint against an order
under para 2 shall not stop the fulfilment of the order.
Art. 46a. (new - SG 36/09) (1)
(amend. – SG 9/11; amend. – SG 23/13) The order for compulsory accommodation in
a special hostel may be appealed within 14 days from the actual accommodation
following the procedure laid down in the Administrative Procedure Code.. The
appeal shall not suspend the execution of the order.
(2) (amend. – SG 9/11) The court
referred to in Para 1 shall consider the appeal in open session and shall
deliver a decision within one month from opening the case. The presence of the
person shall not be obligatory. The decision of the first0instance court may be
appealed before the Supreme Administrative Court, the latter shall pronounce
within 2 months term.
(3) (amend. - SG 97/16, revoked - SG
97/17)
(4) (suppl. – SG 9/11, revoked - SG
97/17)
(5) (Amend. - SG 97/17) Where the
court overturns the appealed order for compulsory accommodation under Para. 1,
under Art. 44, Para. 8 or Art. 44, Para. 12, the foreigner shall be immediately
released from the special hostel.
(6) (New - SG 97/16) The order for
short-term accommodation in a unit within a special temporary accommodation
center for foreigners under Art. 44, para. 13 may be appealed under the
Administrative Procedure Code before the court about the legality of placement.
The appeal shall not suspend the execution of the order. The court shall rule
on the appeal immediately.
Art. 46b. (New, SG 42/01; prev. text
of Art. 46a - SG 36/09) The state bodies exercising authorised activities in
connection with the conditions and the order of entering, stay and leaving the
Republic of Bulgaria by the foreigners shall interact with the competent bodies
of other countries in the fight against the illegal migration and in carrying
out expulsion.
Art. 46c. (new – SG 43/11, in force
from 15.06.2011) Where the EU Blues Card is issued by the Republic of Bulgaria,
the country shall immediately and without any formality accept back the EU Blue
Card holder, as well as the members of his/her family, including cases of
expired validity period or deprivation when application has been considered.
Art. 47. (Revoked, SG 42/01)
Section I "a".
Request for providing assistance in cases of transit for deporting by air of a
foreigner outside the territory of the Republic of Bulgaria, addressed by the
Ministry of Interior to the competent authorities of another Member State of
the European Union (new – SG 29/07)
Art. 47a. (new – SG 29/07) (1) The bodies
of the Ministry of Interior may request assistance from the competent
authorities of another Member State of the European Union, in the cases of
transit for the purposes of deporting by air of a foreigner outside the
territory of the Republic of Bulgaria where direct flight to the country of
destination is not possible.
(2) Transit by air may not be
requested, if it requires a change of airport on the territory of the other
Member State of the European Union, to which is addressed the request for providing
assistance.
Art. 47b. (new – SG 29/07) (1) The
request shall be sent by the competent authorities of the other Member State of
the European Union, whose assistances is being requested, immediately, not
later than two days prior to the date of the transit.
(2) Transit by air through the
territory of another Member State of the European Union shall be carried out
after obtaining authorisation from the competent authorities.
(3) In case the competent
authorities of the other Member State of the European Union, to which the
request is addressed, do not reply within the deadline referred to in para 1,
the transit operations may start after the bodies of the Ministry of Interior
notify its competent authorities of the transit realisation.
Art. 47c. (new – SG 29/07) (1) The
foreigner shall be admitted forthwith in the territory of the Republic of
Bulgaria, if:
1. the transit by air authorisation
through the territory of the other Member State of the European Union was
refused or revoked;
2. the foreigner entered the
territory of the other Member State of the European Union, through which the
transit is carried out, without authorisation;
3. deporting of the foreigner to
another transit Member State of the European Union or to the country of
destination, or boarding of the connecting flight, was unsuccessful;
4. transit by air is not possible
for another reason.
(2) The costs related to the
returning of the foreigner shall be borne by the Republic of Bulgaria.
Section I "b".
Providing assistance to the competent authorities of another Member State of
the European Union in the cases of transit by air through the territory of the
Republic of Bulgaria (new – SG 29/07)
Art. 47d. (new – SG 29/07) Upon
submitted request the bodies of the Ministry of Interior may provide assistance
to the competent authorities of another Member State of the European Union
regarding transit by air of a foreigner through the territory of the Republic
of Bulgaria.
Art. 47e. (new – SG 29/07) (1) The
bodies of the Ministry of Interior shall notify the competent authorities of
the other Member State of the European Union which have addressed the request
for providing assistance, of the decision for carrying out transit, as well as
of the possibility some of the measures under Art. 47g to be undertaken within
two days term from receiving the request.
(2) In exceptional cases time limit
may be extended for a maximum of two days. The necessity of the extension shall
be duly justified.
(3) In case the bodies of the
Ministry of Interior do not notify the competent authorities of the other
Member State of the European Union, which have addressed the request, of the
realization of the transit within the term under para 1 or 2, the transit operations
may start after notification by the competent authorities of the other Member
State of the European Union.
Art. 47f. (new – SG 29/07) (1) At
carrying out transit through the territory of the Republic of Bulgaria the
foreigner may be escorted by persons, authorised thereof according to the
legislation of the other Member State of the European Union, whose competent
authorities have addressed the request for transit.
(2) The persons, escorting the
foreigner, shall be entitled to provide cooperation to the bodies of the
Ministry of Interior in order to prevent an escape of the foreigner, causing
self-injures, injuries to third persons or damages to someone else’s property.
(3) The persons who escort the
foreigner shall be obliged to:
1. undertake the necessary actions
in order to prevent the circumstances referred to in para 2 in the cases where
it is impossible for the bodies of the Ministry of Interior to exercise their
powers; in those cases the persons escorting the foreigner shall be obliged to
observe the laws of the Republic of Bulgaria;
2. present their identity documents,
as well as the transit authorisation or the notification under Art. 47e, para
3, upon request by the bodies of the Ministry of Interior.
(4) The persons who escort the
foreigner may not carry a gun and uniform.
Art. 47g. (new – SG 29/07) (1) The
bodies of the Ministry of Interior shall provide assistance in carrying out
transit by implementation of one or several of the following measures:
1. meeting the foreigner at the
aircraft and escorting him/her within the confines of the transit airport
security zone;
2. providing emergency medical care
to the foreigner and, if necessary, his/her escort;
3. providing sustenance for the
foreigner and, if necessary, his/her escort;
4. receiving, keeping and forwarding
travel documents;
5. informing the requesting Member
State of the place and time of departure of the foreigner from the territory of
the Republic of Bulgaria, in the cases of transit without escort by authorised
persons;
6. informing the competent
authorities, which have addressed the request for transit, if any serious
incidents took place during the transit of the foreigner.
(2) Within available means and in
compliance with relevant international standards, the bodies of the Ministry of
Interior, following mutual consultations with the competent authorities of the
other Member State of the European Union, which have addressed the request for
assistance, shall provide all the assistance measures necessary from landing
and the opening of the aircraft doors until it is ensured that the foreigner
has left, except for the cases referred to in para 1, item 2, where mutual
consultations are not required.
(3) In case it turns out that it is
not possible to carry out the transit and the foreigner has to be re-admitted
by the other Member State of the European Union, whose competent authorities
have addressed the request, the bodies of the Ministry of Interior shall
provide assistance thereof.
Art. 47h. (new – SG 29/07) The
bodies of the Ministry of Interior shall undertake all measures necessary so
that the transit operation takes place in the shortest possible time, not
exceeding 24 hours.
Art. 47i. (new – SG 29/07) (1) 6.
The costs of the assistance provided regarding transit by air of a foreigner
through the territory of the Republic of Bulgaria shall be borne by the other
Member State of the European Union, whose competent authorities have addressed
the request for transit.
(2) The bodies of the Ministry of
Interior shall provide information with regard to the costs referred to in para
1 to the competent authorities of the other Member State of the European Union.
Art. 47j. (new – SG 29/07) (1) The
assistance for carrying out the transit referred to in Art. 47d may be refused,
in case
1. the foreigner is accused of
committing a crime according to the Bulgarian legislation or with regards to
him/her there is entered into force sentence, subject to execution in the
Republic of Bulgaria;
2. the foreigner poses a serious
danger to public security and order, public health or the relations of the
Republic of Bulgaria with other states or international organizations;
3. in the cases where transit
through other states to the country of destination is impossible, or it is not
possible the foreigner to be admitted in the country of destination;
4. a change of airport on the
territory of the Republic of Bulgaria is required;
5. the assistance for transit by air
may not be refused on the fixed date for other reasons; in these cases the
bodies of the Ministry of Interior shall inform the competent authorities of
the other Member State of the European Union of a date as close as possible to
the originally requested date on which transit by air may be assisted.
(2) The bodies of the Ministry of
Interior may refuse assistance for transit under Art. 47d if the grounds of
refusal have been learned after consent for carrying out the transit was
granted.
(3) The bodies of the Ministry of
Interior shall immediately notify the competent authorities of the other Member
State of the European Union, who have addressed the request for transit, of the
refusal of carrying out transit as well as the reasons for that.
Section II.
Administrative punitive provisions
Art. 48. (1) With a fine from 500 to
5 000 lv shall be punished a foreigner who:
1. has been expelled and enters the
country;
2. (amend. - SG 26/08; amend. – SG
43/11, in force from 15.06.2011, amend. - SG 24/18, in force from 23.05.2018)
without the corresponding permission or registration implements commercial or
other activity;
3. has stayed in the country after
the elapse of the term of stay.
(2) (amend. - SG 26/08; amend. and
suppl. – SG 43/11, in force from 15.06.2011, repealed - SG 24/18, in force from
23.05.2018)
(3) (suppl. – SG 43/11, in force
from 15.06.2011, amend. - SG 24/18, in force from 23.05.2018) When the breaches
of para 1 are done for second time the imposed fine shall be from 1 000 to 10
000 lv and to the corporate bodies – in amount from BGN 4 000 up to BGN 40 000
.
Art. 48a. (New, SG 42/01, revoked -
SG 33/16, in force from 21.05.2016)
Art. 48b. (new, SG 11/05) (1) A
natural person who does not fulfill his obligations under Art. 28 shall be
sanctioned with a fine form 100 to 1000 BGN.
(2) A legal person which does not
fulfill its obligations per Art. 28 shall be sanctioned with a property
sanction form 500 to 5000 BGN.
(3) In cases of repeat violation per
Para 2, the legal person shall be sanctioned with a property sanction from 1
000 to 10 000 BGN.
Art. 48c. (new – SG 43/11, in force
from 15.06.2011, amend. - SG 24/18, in force from 23.05.2018)
Art. 49. (1) With a fine up to 3 000
lv shall be punished a foreigner who:
1. (amend. - SG 97/16) uses invalid
passport or another document for travelling substituting it;
2. (suppl., SG 42/01; amend. – SG
82/06; suppl. - SG 36/09) loses, damages or demolishes Bulgarian identity
document, residence permit or documents issued by the services for border
passport-visa control;
3. as captain or member of the crew
of a sailing vessel does not observe the established border and passport regime
of ports and port towns;
4. (amend. – SG 29/07) does not
implement his obligations of art. 17, para 2 and of art. 30;
5. (amend. – SG 82/09) gives or
accepts as pawn or concedes a personal document.
(2) When the breaches of para 1 are
done for second time shall be imposed fine from 1 000 to 6 000 and to the
corporate bodies shall be imposed proprietary sanction of 20 000 lv.
Art. 49a. (new – SG 23/13) (1) Any
captain of a vessel who does not announce to border control authorities
passengers without tickets aboard till arrival at a port, shall be punishable
with a fine amounting from 3000 to 6000 lv.
(2) Any captain of a vessel,
ship-owner or ship agent who allows foreigners on the territory of the state of
foreigners who do not hold the documents required under Art. 8, shall be
punishable with a fine amounting from 6000 to 10 000 lv per each person
admitted ashore.
Art. 50. (1) Punished with a fine
amounting up to 500 lv shall be a foreigner who:
1. (amend. – SG 9/11, amend. - SG
97/17) does not fulfil his obligations under art. 44, para 5, item 1;
2. has gravely violated the
established order in the zone of border control of a border check point;
3. (amend. – SG 23/13) does not
observe the terms for transit passing through the country.
(2) When the breaches of para 1 are
done for second time shall be imposed a fine from 200 to 1 000 lv.
Art. 51. (amend., SG 37/03; amend. –
SG 29/07, amend. - SG 97/16) A carrier, who does not fulfil his obligations
under art. 20 shall be punished with a fine or a proprietary sanction amounting
from 2 000 to 10 000 levs per each transported person.
Art. 51a. (new – SG 63/07; revoked -
SG 15/16)
Art. 52. (1) In the cases when for
breach of this Act and of the regulation promulgated pursuant to it no other
sanction is provided, the guilty one shall be punished with a fine up to 500
lv.
(2) In insignificant cases shall be
imposed a fine according to art. 39, para 2 of the Administrative Violations
and Penalties Act.
Art. 53. (1) (Suppl., SG 112/01, in
force from 01.01.2002, amend. - SG 33/16, in force from 21.05.2016) The
breaches of this Act shall be ascertained with an act compiled by the bodies of
the Ministry of Interior and in the cases of art. 24a - by the bodies of the
Ministry of Labour and Social Policy.
(2) On the basis of the compiled
acts the Minister of Interior and the Minister of Labour and Social Policy or
officials empowered by them shall issue punitive decisions.
(3) The compilation of the acts, the
issuing, appealing and implementation of the punitive decisions shall be
implemented by the order of the Administrative Violations and Penalties Act.
Chapter six.
INFORMATIONAL ACTIVITY OF THE SERVICE FOR ADMINISTRATIVE CONTROL OF FOREIGNERS
IN THE REPUBLIC OF BULGARIA (new, SG 37/03)
Art. 54. (new, SG 37/03) (1) (amend.
– SG 9/11) The Ministry of Foreign Affairs shall maintain a Single Register for
foreigners, containing data about the extended, long-term and permanently
residing foreigners.
(2) For the purpose of fulfilment of
the legally established functions of the services for administrative control of
the foreigners at the Ministry of Interior data shall be processed regarding:
1. the visa control of foreign
citizens;
2. the border control of passing
foreign citizens;
3. (amend. - SG 80/15, in force from
16.10.2015) the foreigners seeking or having received protection on the
territory of the Republic of Bulgaria;
4. the address registration of
short-term staying foreigners;
5. the imposed administrative
penalties and measures for administrative compulsion regarding foreigners;
6. the acquisition, losing and
restoration of Bulgarian citizenship.
(3) (new, SG 103/03; taking effect
in three months from the promulgation of this Act in the State Gazette; amend. –
SG 82/06; amend. – SG 69/08; amend. – SG 53/14; amend. - SG 14/15) The services
for administrative control of the foreigners shall be obliged to produce, in
due time, at Migration Directorate the whole information under para 2.
(4) (prev. para 3 – SG 103/03;
taking effect in three months from the promulgation of this Act in the State
Gazette) The services for administrative control of the citizens at the
Ministry of Interior shall process the following data:
1. the names in Cyrillic and Roman
alphabet, date of birth, place of birth, sex, citizenship;
2. united citizen's number and/or
personal number of a foreigner;
3. permanent address in the Republic
of Bulgaria;
4. present address in the Republic
of Bulgaria;
5. document for travelling abroad
(type, series, number, date, place of issuance and validity term);
6. purpose of stay in the Republic
of Bulgaria;
7. visa (type, number, date and
place of issuance, validity and term of stay);
8. grounds of permitting the stay in
the Republic of Bulgaria;
9. applications for permitting
long-term stay (number, date, decision);
10. (amend. - SG 80/15, in force
from 16.10.2015) permits for acquiring protection on the territory of the
Republic of Bulgaria (date and number);
11. term of stay in the Republic of
Bulgaria;
12. marital status;
13. spouse;
14. children under 18 years of age;
15. permanent address in the country
whose citizen the person is;
16. edict of the President of the
Republic of Bulgaria for change of the citizenship;
17. entries and exits to and from
the Republic of Bulgaria;
18. host;
19. tourist vouchers;
20. profession and place of
employment;
21. imposed compulsory
administrative measures;
22. official data;
23. (new – SG 29/07) biometric data –
photos and 10-finger prints
24. (prev. text of item 23 – SG
29/07) other data stipulated by a law.
(5) (new – SG 109/07, in force from
01.01.2008) State Agency "National Security" shall use the
information from the register under Para 1 for performance of its legal
function according to order specified in a joint ordinance of the Minister of
Interior and the Chairman of the Agency.
Art. 55. (new, SG 37/03) (1) The
data from the Single Register for foreigners shall be submitted to:
1. state bodies and organisations on
the grounds of a law or an act of the judicial authority;
2. Bulgarian citizens and foreigners
- only if the data regard them;
3. Bulgarian and foreign corporate
bodies on the grounds of a law or by an act of the judicial authority;
4. services of other countries - in
compliance with the international contracts party to which is the Republic of
Bulgaria;
5. ESGRAON.
(2) The Bulgarian citizens and the
foreigners shall have the right to receive information stored in the data funds
regarding third persons only on the grounds of a law or an act of the judicial
authority.
(3) (amend. - SG 30/06, in force
from 12.07.2006) The refusal to submit data from the Single Register for the
foreigners may be appealed by the order of the Art. 46.
Art. 56. (new, SG 37/03; amend. and
suppl. – SG 109/07, in force from 01.01.2008, amend. - SG 97/16) The Ministry
of Interior, the State Agency for National Security and the Ministry of Foreign
Affairs shall exchange information in order to impose restrictions for entering
the Republic of Bulgaria and to coordinate applications for issuing visas to
foreigners.
Art. 57. (new, SG 37/03; suppl. – SG
109/07, in force from 01.01.2008, suppl. - SG 33/16, in force from 21.05.2016)
The Ministry of Interior and State Agency "National Security" shall
carry out exchange of data with the Ministry of Labour and Social Policy and
State Agency "National Security" in connection with the issuance of
work permits to foreigners and with the issuance of permits for free-lance
activity by foreigners within the meaning of the Labour Migration and Labour
Mobility Act.
Art. 58. (new, SG 37/03; suppl. – SG
109/07, in force from 01.01.2008; amend. – SG 82/09; amend. - SG 80/15, in
force from 16.10.2015) The Ministry of Interior shall carry out informational
exchange with the State Agency "National Security" and State Agency
for the foreigners in connection with the issuance of Bulgarian personal
documents to the foreigners seeking or having obtained protection, and for
carrying out proceedings for granting protection according to the Asylum and
Refugees Act.
Art. 59. (new, SG 37/03) (1) (suppl.
– SG 109/07, in force from 01.01.2008) The Ministry of Interior and State
Agency "National Security" shall carry out data exchange with the
bodies of the judicial authority in connection with the fulfilment of its
functions related to the imposing and revoking of compulsory administrative
measures.
(2) (amend. and suppl. – SG 109/07,
in force from 01.01.2008) The Ministry of Interior and State Agency
"National Security" shall carry out interaction with the Ministry of
Justice regarding foreigners who have released from the places of detention and
persons applying for acquiring, restoring of or release from Bulgarian
citizenship.
Art. 60. (1) (new, SG 37/03; prev.
text of Art. 60 – SG 109/07, in force from 01.01.2008; suppl. - SG 36/09;
suppl. – SG 9/11) ) The Ministry of Interior shall carry out interaction and
data exchange with ESGRAON and with the municipal administrations in connection
with the issuance of Bulgarian identification documents, residence permits and
with the administrative servicing of long-term or permanently staying
foreigners.
(2) (new – SG 109/07, in force from
01.01.2008l supp. – SG 9/11) State Agency "National Security" shall
cooperate and exchange information with ESGRAON and with the municipal
administrations in relation to the administrative service of long-term or
permanently staying foreigners.
Art. 61. (new, SG 37/03; amend., SG
103/03 – taking effect in three months from the promulgation of this Act in the
State Gazette) The Ministry of Foreign Affairs shall keep a register containing
the data under art. 54, para 4, as well as data for applications filed by
foreigners for issuance of visas and restrictions imposed by the order of art.
21a by the Minister of Foreign Affairs.
Additional provisions
§ 1. Within the meaning of this Act:
1. (revoked. – SG 9/11)
1a. (new – SG 9/11) "Family
reunion" is the entry and residence in a Member States of the family
members of a foreigner, who resides legally in that Member State, with the
purpose to keep the union of the family, regardless of whether the family relations
have originated prior to or after the entry of such persons.
1b. (new – SG 9/11, suppl. - SG
33/16, in force from 21.05.2016) "First Member State" is a Member
State, who granted for the first time long-term residence statute, or a Member
State who first grants "EU Blue Card" to the foreigner or a permit to
a person transferred during intra-corporate transfer.
1c. (new – SG 9/11) "Second
Member State" is any of the Member States, different than the First Member
State.
1d. (new – SG 9/11) "EU Blue Card"
is a permit, containing the mark "EU Blue Card", which entitles the
holder to reside and work on the territory of a Member State of the European
Union for the purposes of highly skilled employment.
1e. (New - SG 70/13) "Single
residence and work permit" is a document with the indication "Single
residence and work permit" which allows foreign nationals from third
countries to reside and work within the territory of the Republic of Bulgaria.
1f. (New - SG 70/13) "Single
application procedure" is the procedure related to taking a decision upon
a single application for a third-country national residence and work permit
submitted by an employer.
1g. (New - SG 33/16, in force from
21.05.2016) "Permit to a person transferred during intra-corporate
transfer" is the permit marked "ICT - intra-corporate transfer",
which entitles the holder to reside and work in the Republic of Bulgaria as the
First country - member of the European Union, for the purpose of intra-corporate
transfer, issued to the worker - a third-country national, subject to the
single application procedure.
1h. (New - SG 33/16, in force from
21.05.2016) "Permit for mobility in intra-corporate transfer" is the
permit marked "mobile ICT - mobility in ICT" which entitles the
holder to reside and work in the Republic of Bulgaria as a Second country -
member of the European Union, for the purposes of intra-corporate transfer.
1i. (New - SG 33/16, in force from
21.05.2016) "Seasonal worker permit" is the permit marked
"seasonal worker” which entitles its holder to reside and work in the
territory of a Member State - member of the European Union, for the purposes of
seasonal work.
1j. (new - SG 24/18, in force from
23.05.2018) "Union Program or multilateral program providing for training
in more than one country Member State" means a program funded by the
European Union or its Member States, to promote the mobility of foreigners
within the EU or on the territory of the respective Member States participating
in the relevant program.
2. (amend. – SG 9/11)
"Systematic breach" is at hand when in one year the foreigner has
committed more than two breaches.
3. (Suppl., SG 42/01, amend. - SG
97/16) "Passport or a valid document for travel substituting it" is
the one issued by the lawfully established order of the corresponding state, on
which visa can be affixed and which entitles the foreigner to return to the
country from which he comes, to the country of origin or to a third country,
the photo in it permits to be established the identity of its holder, does not
contain corrections, crossing, deletions, additions etc. in the data, there are
no traces of changing of the photo, the seals are clear, the image of the photo
coincides with the appearance of the holder and the term of validity has not
elapsed.
3a. (new - SG 36/09) "Residence
permit" shall mean any authorisation issued by the competent authorities
of the Ministry of Interior in compliance with the uniform format, determined
in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform
format for residence permits for third-country nationals.
3b. (new – SG 43/11, in force from
15.06.2011) "Illegally residing foreigner" shall be any foreigner- a
citizen of a third country, who is on the territory of the Republic of Bulgaria
but does not meet or does not meet any more the conditions to stay or reside.
4. (amend. – SG 23/13)
"Return" shall be an action related to voluntary or involuntary
fulfilment of an obligation to return of a foreigner to his or her country of
origin or to a transit country in compliance with agreement between the EU with
a third country or with bilateral readmission agreements or with other
agreements, or in a third country where the foreigner voluntarily decides to
return and where he or she will be admitted.
4a. (new - SG 36/09) "Voluntary
departure" shall mean the performance of the obligation of the foreigner
to return within the time limit, specified for that purpose in the order for
imposing a compulsory administrative measure.
4b (new – SG 9/11) "Vulnerable
persons" are the persons of minor or juvenile age, disabled persons, old
persons, pregnant women, single parents with children of minor or juvenile age,
and persons who have been subject to torture, rape or other serious forms of
psychic, physical or sexual abuse (assault).
4c. (new – SG 9/11; amend. and
suppl. – SG 23/13) "Danger of abscond regarding a foreigner whom a
compulsory administrative measure under Art. 39a, para 1, Items 2 and 3 was
imposed to" presents in the cases, where, on the base of factual data, a
grounded presumption that the envisaged person will make an attempt to evade
execution of the imposed measure. In this regard, the following may be deemed
as such-like factual data: the person cannot be found on the residence address
announced, previous public order disturbances on previous convictions of the
person, regardless of rehabilitation, the person has not left the country
within the prescribed term for voluntary redundancy, the person clearly showed
that he or she would not comply with the imposed measure, holds forged
documents or no documents, has supplied incorrect information, has already
absconded, has not complied with prohibition of entry, etc.
5. "Services for administrative
control of foreigners" are normatively determined state bodies which have
powers under this Act.
6. (New, SG 42/01) "Person of
Bulgarian origin" is a person of whom at least one of the ascending is
Bulgarian.
7. (New, SG 42/01; amend. – SG
29/07)) "Extraordinary circumstances" shall be elemental and natural
calamities, breakdowns, accidents, robberies and circumstances, which have led
to providing emergency medical care, as well as other events having occurred
beyond the will of the foreigner which he/she could not have been able to
foresee or prevent.
7a. (new – SG 63/05) "Common
European Community" shall be an economic community which includes the
Member States of the European Union, Iceland, Liechtenstein and Norway.
8. (New, SG 42/01)
"School" is a general education establishment in the context of the
legislation of the country where the student is staying.
9. (New, SG 42/01; amend., SG
112/01; amend. - SG 9/11;suppl. – SG 43/11, in force from 15.06.2011)
"Free-lance activity" is every economic activity, with exception of
the activity under Art. 24a, Para 1, item 2 and Art. 25carried out in personal
quality without commitment to an employer.
10. (new, SG 37/03) "Actual
cohabitation" is present when the persons live in one household and live
on matrimonial basis;
11. (new, SG 37/03)
"Carrier" is an individual or a corporate body who, according to his
national legislation has the right to carry out transportation by land, air or
water, by a vehicle designated for carrying out such an activity.
12. (new – SG 9/11) "Trade
intermediary" is a private administrative agency, transport company or
tourist agency (tour- operator or final vendor).
13. (new – SG 23/13, in force from
01.05.2013; amend. - SG 80/15, in force from 16.10.2015) "International
protection" a concept within the meaning of the Asylum and Refugees Act
14. (new – SG 23/13, amend. - SG
97/16) "Reasonable doubt" within the meaning of Art. 10, para 1, item
24 shall be doubts regarding the risk of illegal migration, as from the
interview and documents presented it is established that the candidate uses the
trip purposes as a pretext for illegal residence on the territory of the
Republic of Bulgaria or where there is a contradiction between the statements
made and the intention to leave the country within the authorized period of
stay.
15. (New - SG 97/16) "State
interest" exists when not allowing the foreigner into the country or them
not leaving it may seriously harm the international relations of the Republic
of Bulgaria, and this to be confirmed in writing by the Minister of Foreign
Affairs or by officials authorized by him/her.
16. (new - SG 97/16)
"Humanitarian reasons" exist when not allowing the foreigner into the
country or them not leaving the Republic of Bulgaria shall create a serious
danger to their health or life due to objective circumstances, or to the
integrity of their family, or the best interest of the family or of the child
require their admission or stay in the country.
17. (new - SG 97/16) "Biometric
data" are digital images of the face and ten fingerprints which are
collected and used to verify the claimed identity or to identify and verify the
actual identity.
18. (new - SG 97/16)
"Cancellation of a visa" is a decision of a competent authority to
invalidate a permit to enter and reside in the Republic of Bulgaria, or for an
airport transit when it is subsequently found that there were no conditions present
for granting it, as well as if there is evidence that the visa was fraudulently
obtained.
19. (new - SG 97/16) "Revoking
a visa" is the decision of the competent authority to declare invalid a
permit to enter and reside in the Republic of Bulgaria or an airport transit
permit, when the conditions for issuing the visa were dropped or at the written
request of the person, to whom it was issued.
20. (new - SG 97/17) "Evidence
of secured home" shall be documents as follows:
1. notarial deed or other document
proving the ownership or use of the property;
2. a notary certified declaration by
the owner for providing a residence address - upon submission of a lease.
21. (new – SG 14/18) "Dependent
person" is the spouse of a serviceman or of a member of the civilian component
of a NATO structure located in the Republic of Bulgaria, as well as the
persons, to whom the serviceman or the member of the civilian component
exercises parental, guardianship or custody rights, or is required to provide
maintenance under the legislation of the sending State.
§ 2. For issuing visas, permissions
for stay and other documents of this Act shall be collected fees determined
with an act of the Council of Ministers.
Transitional and concluding provisions
§ 3. this Act shall repeal the Stay
of foreigners in the Republic of Bulgaria Act (prom. SG 93/72; amend. and
suppl. SG 36/79, SG 17/87, SG 26/88, SG 53/89, SG 27/94, SG 120/97, SG 11,
93/98).
§ 4. In art. 9, para 2 of the
Foreign Investments Act (prom. SG 97/97; corr. SG 99/97; amend. SG 29/98) after
the words "The Minister of Interior" shall be added "or
officials empowered by him".
§ 5. The Council of Ministers shall
issue regulation for the implementation of this Act.
§ 6. The implementation of the Act
shall be assigned to the Minister of Foreign Affairs, the Minister of Interior
and the Minister of Labour and Social Policy.
-------------------------
The Act is passed by the 38th
National Assembly on November 11, 1998 and on December 15, 1998 and is affixed
with the official seal of the National Assembly.
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