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Foreigners in the Republic of Bulgaria Act
Last update: 2008-08-21 03:06:17
Chapter I
GENERAL PROVISIONS
Article 1
(Amended, SG No. 29/2007)
(1) This Act shall establish the terms and the procedure according to which foreigners may enter reside in and leave the Republic of Bulgaria, as well as the rights and obligations thereof.
(2) This act shall apply also in respect of members of the families of Bulgarian citizens who are not citizens of European Union member-states or of a state - party to the European Economic Area Agreement, or of the Swiss Confederation.
(3) The terms and procedures under which the citizens of other European Union members-states and the members of their families as well as citizens of European Union member-states or of a state - party to the European Economic Area Agreement, and of the Swiss Confederation and the members of their families shall enter, reside in and leave the Republic of Bulgaria shall be specified in the European Union Citizens and Members of Their Families Entry and Residence in and Departure from the Republic of Bulgaria Act.
Article 2
(Amended, SG No. 42/2001, SG No. 29/2007)
(1) A foreigner, within the meaning given by this Act, shall be any person who is not a Bulgarian citizen or is not a member of another European Union member-state, of a state - party to the European Economic Area Agreement or of the Swiss Confederation
(2) Members of the family of a Bulgarian citizen shall be the persons living together with him/her in the same household and are.
1. spouse;
2. descendants, including when they are descendants only of the person under paragraph 1, who have become 21 years of age and have not contracted a marriage;
3. descendants, including when they are descendants only of the person under paragraph 1, who have become 21 years of age but have no personal income due to the fact that they are not capable to provide for themselves or because serious health problems require the Bulgarian citizen to care for them personally;
4. ascendants, including ascendants only to the person under paragraph 1 who are dependent on the Bulgarian citizen or on the person under paragraph 1;
5. other members of his/her household who have been entirely dependent on him/her in the state of origin or in the state of usual residence and serious health problems require the Bulgarian citizen to care for them personally.
Article 3
(1) Foreigners in the Republic of Bulgaria shall have any and all rights and obligations under the laws of Bulgaria and all ratified international treaties to which the Republic of Bulgaria is a signatory, excepting those rights and obligations expressly requiring Bulgarian citizenship.
(2) (Amended, SG No. 29/2007) In relation to foreigners accredited as members of foreign diplomatic and consular missions as well as of offices of international organisations in the Republic of Bulgaria enjoying immunities and privileges the universally accepted norms of international diplomatic and consular law and the international agreements to which the Republic of Bulgaria is a party shall apply.
Article 4
Foreigners staying in the Republic of Bulgaria shall be obliged to abide by the laws and the established legal order, to be loyal to the Bulgarian state and to not derogate from the prestige and dignity of the Bulgarian nation.
Article 5
(Repealed, SG No. 29/2007)
Article 6
Foreigners staying in the Republic of Bulgaria shall be amenable to the same civil, administrative and criminal laws as Bulgarian citizens, inasmuch as a special law or an international convention whereto the Republic of Bulgaria is a signatory do not provide otherwise.
Article 7
(Amended, SG No. 54/2002)
The status of foreigners, seeking or having received protection, shall be governed by a special statute.
Chapter II
ENTRY AND AIR TRANSIT
(Title amended, SG No. 29/2007)
Article 8
(Supplemented, SG No. 42/2001, SG No. 37/2003, amended,
SG No. 88/2005, SG No. 29/2007)
(1) A foreigner may enter the Republic of Bulgaria if he or she holds a regular foreign-travel document or another substitute document issued, as well as a visa if required.
(2) No visas shall be required where this is foreseen in Regulation (EC) щ 539/2001 of the Council, in an international agreement or in an act of the Council of Ministers.
(3) No visa shall be required also when the foreigner holds a long-term or permanent residence card for the Republic of Bulgaria and the grounds for its issuing have not become defunct.
Article 8a
(New, SG No. 29/2007)
(1) A foreigner who is a member of the family of a Bulgarian citizen may enter the territory of the Republic of Bulgaria with a passport and a visa, if required. The visa shall be issued under terms and procedures specified by the Council of Ministers without paying any charges for processing the documents and issuing the visa.
(2) No visa shall be required when a foreigner who is a member of the family of a Bulgarian citizen holds a residence card of a member of the family of a European Union citizen issued in:
1. the Republic of Bulgaria if the grounds for its issuing have nor become defunct;
2. another European Union member-state if he/she accompanies or joins the Bulgarian citizen.
(3) When a member of the family of a Bulgarian citizen refers to this capacity of his/her on entering the territory of the Republic of Bulgaria but does not produce a document pursuant to paragraph 2 the border control authorities shall provide to him/her reasonable time to obtain it or to ascertain with other documents that he/she is a member of the family of a Bulgarian citizen.
(4) In the cases under paragraph 3 the border control authorities shall conduct a detailed verification of the personal particulars and shall not allow entrance to a person who has not produced a document pursuant to paragraph 2 or has failed to duly ascertain with other documents that he/she is a member of the family of a Bulgarian citizen. The refusal to allow entry to a person in the Republic of Bulgaria shall be substantiated and shall be subject to contestation under the procedure of the Administrative Procedure Code.
Article 9
(Amended, SG No. 42/2001, amended and supplemented, SG No.
37/2003, amended, SG No. 29/2007)
The visa shall be a permit to enter and reside, to transit through the territory of the Republic of Bulgaria or for air transit.
Article 9a
(New, SG No. 29/2007)
(1) The type of visa shall be determined by the purpose for which it is issued
(2) The types of visas shall be:
1. air transit visa (type "A" visa);
2. transit visa (type "B" visa);
3. short-term residence visa (type "C" visa);
4. long-term residence visa (type "D" visa);
(3) When a person applies for a visa persona data shall be collected, including biometric data.
(4) Biometric data may be used only for verifying the true identity and for identification or establishing the identity in relation to visa application or within border control or administrative control of foreigners.
Article 9b
(New, SG No. 29/2007)
(1) The visa shall be issued in the form a uniform visa sticker according to a European Union sample and shall be valid only with the standard foreign travel document or another substituting document in which or with which it is placed.
(2) The information included in the visa sticker cannot be changed.
Article 9c
(New, SG No. 29/2007)
(1) The visa sticker shall be placed in a standard passport or another foreign travel document recognised by the Republic of Bulgaria.
(2) When a foreigner holds a standard foreign travel document or another substituting document which is not recognised by the Republic of Bulgaria the visa sticker shall be placed on a uniform visa form according to a European Union sample approved by the Council of Ministers.
(3) The Ministry of the Interior shall, in coordination with the Ministry of Foreign Affairs and the Ministry of Transport, maintain and update a list of foreign travel documents issued by states, international organisations and other subjects of international public law in which a visa sticker may be placed and which entitle the foreigner to enter the territory of the Republic of Bulgaria.
(4) The terms and conditions for printing, placing, cancelling, keeping and destroying the visa stickers and the visa placement forms shall be specified with an act of the Council of Ministers.
Article 9d
(New, SG No. 29/2007)
(1) Visas shall be issued by the diplomatic and consular missions of the Republic of Bulgaria.
(2) The Republic of Bulgaria and another member-state of the European Union may conclude a bilateral agreement on representation for accepting applications and for issuing visas.
Article 9e
(New, SG No. 29/2007)
As an exception when this is necessitated by the national interest or by force majeure the border control authorities at the border crossing points may, in coordination with the Ministry of Foreign Affairs, issue single transit visas with a term of 36 hours and short-term residence visas with a term of 15 days.
Article 9f
(New, SG No. 29/2007)
The procedure for issuing visas and determining the visa regime shall be determined with an act of the Council of Ministers.
Article 10
(1) A foreigner shall be denied a visa and entry into this country in the event that:
1. (supplemented, SG No. 29/2007) by the acts thereof, the said foreigner has jeopardised or may jeopardise the interests of the Bulgarian State, or if there is reason to believe that the said foreigner acts against national security;
2. he has, by his actions, maligned the Bulgarian state or has derogated from the prestige and dignity of the Bulgarian nation;
3. (amended, SG No. 21/2007) there is reason to believe that the said foreigner is member of a criminal group or organization, or that he or she engages in terrorist activities, smuggling and illicit transactions in arms, explosives, ammunition, strategic raw materials, dual-use items and technologies, as well as in illicit trafficking in narcotic drugs and psychotropic substances and precursors, and in raw materials for the manufacture thereof;
4. there is information that he has been engaged in trading in people, as well as in bringing persons illegally into this country and taking persons out into other countries;
5. he was expelled from the Republic of Bulgaria no less than ten (10) years before the date of visa application and failed to recover within six (6) months of expulsion the expenses incurred by the state therefore;
6. he has committed a premeditated crime within the territory of the Republic of Bulgaria punishable under the laws of Bulgaria by more than three (3) years of imprisonment;
7. (amended, SG No. 29/2007) the said foreigner has attempted to enter or transit Bulgaria using false or forged documents, visa or residence permit;
8. he might be presumed to spread an acute communicable disease; or is afflicted with a disease which according to the criteria of the Ministry of Health or of the World Health Organisation poses a threat to public health; or is not in possession of a vaccination certificate; or is coming from an area with a complicated epidemic or epizootic situation;
9. he does not have secure means of sustenance and all the mandatory insurance policies required for the time of stay in this country, as well as adequate funds to ensure his return;
10. he has, during previous entries and stays, systematically violated the border-crossing, passport and visa, currency or customs regulations of the Republic of Bulgaria;
11. he has, during a previous stay, violated the labour of tax laws of this country;
12. he is not in possession of visas or tickets for the countries next on his itinerary;
13. a coercive administrative measure has been imposed upon the person preventing him from entering this country and such measure is still in effect;
14. (amended, SG No. 42/2001) he has been included in the data base of foreigners unacceptable to this country maintained by the Ministry of Interior and by the Ministry of Foreign Affairs;
15. (new, SG No. 42/2001) he is applying for an entry visa with a document certifying final exit from the territory of another country where he has until then.
16. (new, SG No. 29/2007) the said foreigner is applying for a visa with an invalid foreign travel document or a substituting document.
(2) A visa shall be also denied to a foreigner who has failed to submit all requisite documents certifying his grounds to enter this country, as set forth in an enactment of the Council of Ministers.
Article 11
(Supplemented, SG No. 29/2007) A foreigner may be refused the issuing of a visa or entry into the country where:
1. there is information that he wishes to enter this country in order to commit a crime or a violation of the public order;
2. he has, during a previous stay in this country, committed a violation of the public order;
3. (amended, SG No. 29/2007) the entry thereof into Bulgaria may prejudice the relations of the Republic of Bulgaria with another State;
4. there is information that the purpose of his entry is to stay in this country as an immigrant without having a special permission therefore;
5. there is information that the purpose of his entry is to use this country as a transit point for subsequent migration to a third country.
6. (new, SG No. 42/2001) during a previous stay in this country, he has been the recipient of government social assistance;
7. (new, SG No. 42/2001) he fails to provide reasonable grounds for the declared purpose of travel.
8. (new, SG No. 37/2003) there is a court injunction in effect which imposes a fine under the procedure set out in this Act where such fine has not been paid.
9. (new, SG No. 29/2007) the said foreigner has not sufficient resources to ensure his/her subsistence in compliance with the length and the conditions of his/her residence in the Republic of Bulgaria, neither for returning to the state of his/her original residence nor for transiting through the Republic of Bulgaria.
10. (new, SG No. 29/2007) the said foreigner has presented a document with false contents or has stated untruthful information.
Article 12
(Amended and supplemented, SG No. 42/2001, amended, SG No. 29/2007)
(1) An air transit visa shall be issued to a foreigner who, is arriving by aircraft from a certain state and stays in the international transit zone of an airport on the territory of the Republic of Bulgaria with the aim of continuing his/her travel with the first next flight to a different state.
(2) A foreigner travelling on an air transit visa shall be regarded as unadmitted to the territory of the Republic of Bulgaria.
Article 13
(Amended, SG No. 42/2001, amended, SG No. 29/2007)
(1) A transit visa shall be issued to a foreigner entering the Republic of Bulgaria from one State and leaving Bulgaria within twenty-four hours en route to another State.
(2) The transit visa shall entitle the foreigner to one, two or, as an exception, several transit passages of 36 hours each and may be with a validity term of 12 months.
(3) The total stay on the territory of the Republic of Bulgaria on a transit visa shall not exceed 90 days within any six-month period.
Article 14
(Amended, SG No. 42/2001, amended, SG No. 29/2007)
(1) A short-term residence visa shall be issued to a foreigner for a single, double or multiple entry into the territory of the Republic of Bulgaria and a cumulative duration of the stay not exceeding ninety days within any six-month period, reckoned from the date of first entry.
(2) The multiple short-term residence visa may be with a validity term of one year and in exceptional cases up to five years.
Article 14a
(New, SG No. 42/2001)
A group visa shall be issued, for transit or with an entitlement to stay for up to thirty (30) days, to foreigners who are the citizens of one and the same state who have form the group prior to their departure, hold a group passport and provided that they enter, stay and leave the territory of the Republic of Bulgaria as a group.
Article 15
(Amended and supplemented, SG No. 42/2001, amended, SG No. 29/2007)
(1) A long-term residence visa with a validity term of up to six months and entitlement to reside of up to 180 days shall be issued to a foreigner who wishes to settle durably or permanently in the Republic of Bulgaria.
(2) A long-term residence visa with a validity term of up to one year and entitlement to reside of up to 360 days may be issued to foreigners conducting scientific research or students under one-year education programmes, scholars or trainees, foreigners on business trips on behalf of a foreign employer for performing specific tasks related to control and coordination of the implementation of a tourist services contract as well as foreigners on business trips on behalf of a foreign employer for effecting investments certified under the procedure of the Investment Promotion Act.
(3) The long-term residence visa shall entitle the holder to multiple entries to the territory of the Republic of Bulgaria within its validity term.
(4) The long-term residence visa shall be cancelled when a residence permit is issued by the authorities for administrative control of foreigners.
Article 16
(Supplemented, SG No. 42/2001, SG No. 37/2003, amended, SG No. 29/2007)
(1) A foreigner may not enter and reside in the Republic of Bulgaria on the sole grounds of possessing a visa.
(2) The border control authorities may not admit into the Republic of Bulgaria any foreigner in possession of a visa in the cases covered under Articles 10 and 11 herein or in case of non-compliance with the requirements in Article 19.
(3) A foreigner who has been refused entry shall be given by the border control authorities a uniform form according to European Union sample in which the reasons for refusing entry to the territory of the country shall be recorded. The sample form shall be approved by the Council of ministers.
(4) The border control authorities and the services for administrative control of foreigners may cancel an issued visa, reduce the number of entries allowed and the duration of residence in case of non-compliance with the provisions herein and under a procedure determined by the Council of Ministers.
(5) The Ministry of Foreign Affairs and the diplomatic missions and consular posts may cancel a visa as issued, reduce the number of entries allowed and the duration of residence in case of non-compliance with the provisions herein and according to a procedure established by an act of the Council of Ministers.
Article 17
(Supplemented, SG No. 42/2001, amended, SG No. 29/2007)
(1) The entry of a foreigner into the Republic of Bulgaria shall be effected only through the border-crossing checkpoints determined with an act of the Council of Ministers or in an international agreement.
(2) A foreigner carrying multiple personal foreign-travel documents, or carrying such documents belonging to third persons, shall be obligated to declare the said documents to the border passport and visa control authorities.
(3) A foreigner holding multiple citizenship shall be obligated to declare to the border passport control authorities the citizenship which the said foreigner will invoke during the residence thereof in Bulgaria, and to certify this fact by a foreign-travel document issued in good and due form by the State whereof the citizenship the said foreigner has declared.
(4) A foreigner holding multiple foreign-travel documents issued in good and due form shall be obligated to leave Bulgaria on the same document on which the said foreigner entered the country.
(5) The provision of Paragraph (4) shall furthermore apply to Bulgarian citizens holding another citizenship as well.
(6) The border control authorities shall place stamps in the foreigners foreign travel document or substituting document on each entry and on leaving the Republic of Bulgaria with the exception of the cases when the foreigner is a member of the family of a Bulgarian citizen and produces a residence card under Article 8a, paragraph 2.
Article 18
(Amended, SG No. 42/2001, SG No. 63/2005, effective 1.01.2006)
(1) Upon entry into the Republic of Bulgaria, a foreigner shall declare the purpose of the visit thereof and shall state in writing the residence address thereof in Bulgaria, completing a registration card in a standard form endorsed by the Minister of Interior.
(2) Any foreigners, who are accredited as members of foreign diplomatic missions, consular posts and trade representations, shall register at the Ministry of Foreign Affairs.
(3) (Amended, SG No. 29/2007) Any foreigners, who transit the territory of the Republic of Bulgaria shall not complete registration cards.
Article 19
(Amended, SG No. 29/2007)
(1) Any foreigner who enters the Republic of Bulgaria or who transits the country, depending on the purpose of the travel, must be in possession of:
1. a standard foreign travel document or another substituting document as well as a visa if required;
2. sufficient financial means to ensure his/her subsistence according to the length and conditions of the residence in the Republic of Bulgaria as well as to return in the state of his/her permanent residence or to pass through the Republic of Bulgaria;
3. medical insurance and other insurances;
4. sample invitation if required;
5. any other documents proving the purpose of the journey.
(2) The amount of the financial means referred to in Paragraph 1, Items 1 and 2, the minimal insurance sums referred to in paragraph 1, item 3 and the documents referred to in paragraph 1, item 5 shall be determined by an act of the Council of Ministers.
Article 20
(Amended, SG No. 42/2001, SG No. 37/2003)
(1) (Amended, SG No. 29/2007) Carriers engaged in carrying foreigners or Bulgarian citizens by road, air or water to and/or from the Republic of Bulgaria, shall, before performing the service, be obliged to have checked:
1. the validity of the travel document held by the foreigner and the existence of a Bulgarian visa if required;
2. the existence of visas for the state(s) the persons wish to visit or through which they wish to transit if required in the cases of air transit or transit passage through the territory of the Republic of Bulgaria.
(2) In cases where a foreigner has been declined entry into the Republic of Bulgaria on the basis of a failure to meet the obligation referred to in paragraph 1, the carrier that has transported such foreigner shall be obliged, upon a request from the border control authorities, to return such foreigner at its own expense to the state from which he has been transported, to the state which has issued the travel document on which such foreigner has arrived, or to another state where he will be allowed entry. In case the return cannot be effected immediately, any cost associated with the foreigner's stay shall be for the account of the carrier.
(3) The carrier shall also be under the obligation to return at its expense following the procedure set out in paragraph 2 any foreigner transiting through the Republic of Bulgaria where the subsequent carrier should refuse to transport him to the state which is the ultimate travel destination.
(4) The provisions of paragraphs 2 and 3 shall apply also with respect to any foreigner returned to the Republic of Bulgaria who has transited through the country.
Article 20a
(New, SG No. 63/2007)
(1) Any carrier transporting passengers by air to the Republic of Bulgaria must provide the following information upon request by the competent authorities of the Border Police Department under the Police General Directorate by the time flight check-in is complete:
1. type and number of passenger's travel document;
2. passenger's name, date of birth and nationality;
3. name of the check point used to enter the country;
4. transportation code;
5. date and time of departure and arrival of the transportation vehicle;
6. total number of passengers carried on the relevant trip;
7. initial departure point.
(2) Processing of personal data under paragraph 1 shall be carried out in compliance with the Personal Data Protection Act and all international agreements that the Republic of Bulgaria is signatory to.
(3) Any carrier under paragraph 1 shall provide the required information electronically and when this is not possible shall use other appropriate methods.
(4) Any carrier under paragraph 1 shall erase personal data within 24 hours upon arrival of the respective transportation vehicle on the territory of the Republic of Bulgaria.
(5) The competent authorities of the Border Police Department under the Police General Directorate shall erase data provided pursuant to paragraph 1 within 24 hours upon receipt thereof, save in the cases when they need those data to exercise their statutory powers.
Article 21
(1) A foreigner entering, staying in, or transiting this country by vehicle, either by land, or by air, or by water, must be in possession of:
1. a transit permit for the vehicle when such permit is required under the laws of Bulgaria and the international treaties whereto the Republic of Bulgaria is a signatory;
2. documents evidencing the vehicle's registration;
3. documents evidencing the title to the vehicle if it is not evidenced by the documents referred to in subparagraph 2 above;
4. mandatory insurance;
5. operator's licence.
(2) No vehicle shall be admitted into this country unless all requirements set forth in paragraph (1), subparagraphs 1, 4 and 5 above have been fulfilled.
(3) (Supplemented, SG No. 42/2001, amended, SG 29/2007) The border control authorities shall impound the means of transport and the documents in case the grounds referred to in Items 2 and 3 of Paragraph (1) exist, and a written statement shall be drawn up on the said impoundment and a copy of the said statement shall be served on the foreigner. The written statement and the documents shall be transmitted to the competent customs authorities.
(4) A foreigner in possession of valid documents allowing him to enter this country, but not in possession of valid papers for the vehicle as specified in paragraph (1) above, shall be admitted into the country
Article 21a
(New, SG No. 42/2001)
(1) (Supplemented, SG No. 109/2007) The Minister of Interior, the Chairperson of the State Agency for National Security, the Minister of Foreign Affairs, or officials authorised by them may, from time to time, include foreigners in the data base of foreigners unacceptable to this country, in the evidence of the grounds specified under Articles 10 and 11.
(2) (Supplemented, SG No. 109/2007) The terms and procedure for maintaining and updating the data base under paragraph (1) shall be established by the Minister of Interior, the Chairperson of the State Agency for National Security and by the Minister of Foreign Affairs.
Chapter III
STAY OF FOREIGNERS IN THE REPUBLIC OF BULGARIA
Article 22
(1) Stay of foreigners in the Republic of Bulgaria shall only be admissible on the grounds of:
1. (amended, SG No. 29/2006) a visa issued under Article 9a, paragraph 2 herein;
2. international agreements on visa-free travel or on alleviated visa regulations;
3. a permission of the services charged with exercising administrative control over foreigners.
(2) (Amended, SG No. 29/2006) As an exception when this is required by the national interest or by force majeure the services for administrative control of foreigners may extend the terms of residence of a foreigner beyond the one permitted by the visa under a procedure specified by the Regulation on the application of this act.
(3) With regard to foreigners enjoying diplomatic and consular immunity, the permission as per paragraph (2) above shall be granted by the Ministry of Foreign Affairs.
(4) (New, SG No. 109/2007) The permission as per paragraph 1 item 3 shall be issued subject to a written statement on behalf of the State Agency for National Security.
Article 23
(1) Foreigners shall stay in the Republic of Bulgaria on a short term and on a long-term basis.
(2) A short-term stay shall be up to ninety (90) days reckoned from the date of entry into the country. Such term may be extended by the services exercising administrative control over foreigners for reasons of humanitarian nature.
(3) A long-term stay shall be:
1. continued for an authorised term of up to one (1) year;
2. permanent for an indefinite authorised term.
(4) (New, SG No. 52/2007) The timeframes under paragraph 3 do not apply to foreigners who have been granted protection under the Asylum and Refugees Act.
Article 24
(1) (Amended, SG No. 29/2007) A long-term residence permit may be granted to foreigners who possess a visa under Article 15, paragraph 1 and:
1. (amended, SG No. 42/2001, SG No. 112/2001) are willing to work under an employment agreement, having been granted a work permit by the authorities of the Ministry of Labour and Social Policy;
2. (amended, SG No. 42/2001, supplemented, SG No. 37/2003) have engaged in commercial activities in this country in keeping with the legally established order and as a result of that at least ten (10) jobs for Bulgarian citizens have been created unless otherwise agreed in an international treaty ratified, promulgated and entered into force for the Republic of Bulgaria;
3. have been admitted to full-time training in duly licensed educational establishments;
4. are foreign specialists staying in this country in accordance with international agreements to which the Republic of Bulgaria is a party;
5. (amended, SG No. 29/2007) have grounds to be permitted permanent residence, or have contracted a marriage with a foreigner permanent resident in Bulgaria;
6. (amended, SG No. 42/2001) serve as the representatives of foreign companies duly registered with the Bulgarian Chamber of Commerce and Industry;
7. (supplemented, SG No. 37/2003) are well-provided parents of legal permanent resident foreigners in this country or of a Bulgarian citizen;
8. (amended SG No. 70/2004) have been admitted to a medical establishment for continued treatment and have sufficient funds to pay for such treatment and to provide for themselves;
9. are foreign mass-media correspondents with accreditation to the Republic of Bulgaria;
10. are secured by a pension and have adequate means of support in this country;
11. (amendment, SG No. 37/2004) carry out activities under the Investments Promotion Act;
12. (repealed, SG No. 42/2001)
13. (amended, SG No. 42/2001) are members of a foreigner's family where the said foreigner has been granted authorisation for continued stay.
14. (new, SG No. 42/2001, amended, SG No. 37/2003, amended, SG No. 63/2005, effective 1.01.2006, SG 29/2007) are the parents of a foreigner or are de facto cohabitees of a foreigner who has been granted a durable residence permit in pursuance of Article 22, paragraph 3 herein;
15. (new, SG No. 42/2001, amended, SG No. 112/2001) are willing to work on a free-lance basis, having been granted a permit by the authorities of the Ministry of Labour and Social Policy in pursuance of Article 24a;
16. (new, SG No. 112/2001, supplemented, SG No. 109/2007) are willing to engage in not-for profit activities, having been granted a permit by the Ministry of Justice under terms and conditions set out in a Regulation issued by the Minister of Justice in consultation with the Minister of Interior and with the Chairperson of the State Agency for National Security.
17. (new, SG No. 29/2007) have been granted a special protection status under Article 25 of the Combating Trafficking in Human Beings Act.
18. (new, SG No. 29/2007) are members of the family of a Bulgarian citizen under Article 2, paragraph 2.
(2) All persons as per paragraph (1) above ought to be provided with a domicile, financial support, mandatory insurance and social security in compliance with the laws of the Republic of Bulgaria. The norms therefore shall be laid down in an enactment of the Council of Ministers.
(3) (New, SG No. 63/2005) The requirement under Item 2 of Paragraph (2) for creation of at least ten jobs for Bulgarian citizens shall not apply to citizens of any Member State of the European Union, as well as to citizens of any other State participating in the European Economic Area.
Article 24a
(New, SG No. 42/2001, amended, SG No. 112/2001)
(1) (Supplemented, SG No. 37/2003) A foreigner wishing to stay for a continued period on the territory of the Republic of Bulgaria in order to exercise a free lance profession may be granted a continued stay visa or a permit for continued stay, provided he fulfils the statutory requirements for entry into and stay in this country, upon presentation of the following documents to the diplomatic and consular missions, or the services exercising administrative control over foreigners:
1. An application following a sample format;
2. A permit to exercise a free lance profession;
(2) Permits to exercise free lance profession shall be issued by the authorities of the Ministry of Labour and Social Policy.
(3) (Amended and supplemented, SG No. 109/2007) The terms and procedure for the issuance, denial or withdrawal of permits to exercise free lance professions to foreigners shall be established in a Regulation issued by the Minister of Labour and Social Policy in co-ordination with the Minister of Interior, the Minister of Finance and the Chairperson of the State Agency for National Security.
(4) No visa for a continued stay for the purposes of free lancing shall be issued to foreigners in the cases set out under Article 24, paragraph (1), subparagraphs (1) through (13) and (16).
(5) Foreigners meeting the statutory requirements for exercising the respective free lance profession shall be exempted from the issuance of a permit, where this is provided in an international agreement to which the Republic of Bulgaria is a signatory.
Article 24b
(New, SG No. 63/2007)
(1) A Durable Residence Permit may also be issued to foreigners in possession of visas pursuant to article 15 (1) and work as researchers under an exchange agreement with a research organization whose seat is in the Republic of Bulgaria in relation to research projects, provided that the said organization is registered on the list of research organizations in the sense of Council Directive 2005/71/EC on the specific procedure for admitting third-country nationals for the purposes of scientific research.
(2) The Durable Residence Permit shall be issued to persons under paragraph 1 for a period of one year and shall be extended if there are grounds for its repeated issuance. If the duration of the relevant research project is less than a year, the residence permit shall be issued for a period corresponding to the project duration.
(3) A foreigner entitled to receive a durable residence permit in the Republic of Bulgaria pursuant to paragraph 1 must submit a valid foreign travel document to the controlling administrative bodies and must also file:
1. a model application;
2. a document certifying the payment of stamp duty under Tariff No. 4 on fees collected in the system of the Ministry of Interior pursuant to the Stamp Duty Act;
3. a photo copy of the foreign travel document pages containing the photograph and the personal data of the holder, the entry visa and the most recent entry stamp into the country.
4. written evidence of a secured temporary residence in the country for the duration of the stay;
5. a certified copy of the exchange agreement with the research organization legally registered in the Republic of Bulgaria;
(4) The application shall be reviewed and ruled upon within 7 business days and the foreigner shall be notified about the decision in writing.
(5) (New, SG No. 13/2008) The terms and procedure for inclusion of research organisations whose seat is in the Republic of Bulgaria in the list referred to in Paragraph (1) shall be established by an ordinance of the Minister of Education and Science.
Article 25
Authorisation for permanent residence shall be grantable to foreigners:
1. of Bulgarian nationality;
2. (amended, SG No. 29/2006) five years after contracting a marriage with a Bulgarian citizen or with a foreigner permanent resident in Bulgaria;
3. (amended, SG No. 29/2006) minor or underage children of a foreigner permanent resident in Bulgaria, who have not married;
4. (amended, SG No. 42/2001) who are parents of a Bulgarian citizen, when they provide him with the alimony due under the law, and in cases of recognition or adoption, after the expiration of three (3) years of the recognition or adoption;
5. (amended, SG No. 29/2006) who have resided within Bulgarian territory on a legal ground without interruption during the preceding five years and in the cases under Item 3 of Article 24, paragraph 1 herein only half of the time of residence shall be counted;
6. (amended, SG No. 11/2005) who have invested in this country over five hundred thousand US dollars ($ 500,000) in compliance with the legally established terms and procedures.
7. (new, SG No. 42/2001) who are not persons of Bulgarian origin born on the territory of the Republic of Bulgaria, have lost their Bulgarian citizenship pursuant to emigrant treaties or upon their own will, and wish to settle permanently on the territory of this country.
8. (new, SG No. 37/2003) who, prior to 27 December 1998, have entered, have been staying or were born on the territory of the Republic of Bulgaria and whose parent has married a Bulgarian citizen under a civil matrimony procedure.
9. (new, SG No. 29/2007) members of the family of a Bulgarian citizen if they have resided without interruption on the territory of the Republic of Bulgaria in the last five years.
Article 25a
(New, SG No. 42/2001)
Authorisation for stay in the Republic of Bulgaria, without fulfilment of the requirements under this Act, may be granted to foreigners who have merits to the Republic of Bulgaria in the public and economic sphere, in the area of national security, science, technology, culture or sports.
Article 25b
(New, SG No. 52/2007)
Regardless of whether the requirements of this act are met, permission to reside in the Republic of Bulgaria will be granted to foreigners who per the Asylum and Refugees Act:
1. were granted asylum or refugee status or such were granted to the members of their family - for a period of five years;
2. were granted humanitarian status or such was granted to the members of their family - for a period of three years;
3. were granted temporary protection Ц for the duration of the protection period.
Article 26
(1) (Redesignated from Article 26, SG No. 42/2001) A foreigner shall be denied extension of the authorised duration of his stay in this country in any of the cases under Articles 10 and 11 hereof.
(2) (New, SG No. 42/2001) Extension of the duration of continued stay in this country shall be refused, or authorisation of continued stay granted shall be revoked with respect to a foreigner for whom it has been established that he has not resided on the territory of the Republic of Bulgaria for at least six (6) months and one (1) day in the course of the preceding calendar year.
(3) (New, SG No. 42/2001; supplemented, SG No. 37/2003) Issuance of authorisation for continued stay shall be refused, and, where one has been granted, it shall be revoked, with respect to a foreigner who has entered in matrimony with a Bulgarian citizen or with a foreigner who has been granted authorisation for continued stay, if there is evidence indicating that the matrimony has been entered into for the sole purpose of evading the norms regulating the regime applicable to foreigners in the Republic of Bulgaria, and of obtaining an authorisation of stay.
(4) (New, SG No. 42/2001) The judgement to refuse or revoke the authorisation under paragraph (3) shall be made by the services exercising administrative control of foreigners on the basis of evidence that provide grounds to make a reasonable conclusion that the matrimony has been entered into for the sole purpose of evading the norms regulating the regime applicable to foreigners in the Republic of Bulgaria, and of obtaining an authorisation of stay. Such evidence can include:
1. the fact that the spouses do not live together;
2. the absence of any contribution to the obligations ensuing from matrimony;
3. the fact that the spouses had not known each other prior to entering into matrimony;
4. provision of contradictory information as to personal data about the other spouse (name, address, nationality, profession), about the circumstances of their acquaintance, or about another important personal information;
5. the fact that the spouses do not speak a language understandable to both of them;
6. the payment of an amount of money for entering into matrimony beyond the customary dowry;
7. the existence of previous marriages made for the purpose of evading the norms regulating the regime applicable to foreigners.
(5) (New, SG No. 42/2001; amended, SG No. 37/2003) Evidence under paragraph (4) may be established by interviews held by officers of the services for administrative control of foreigners, from statements made by the parties concerned or by third parties, from documents, or from checks and investigations performed by government authorities. The services exercising administrative control of foreigners shall be obligated to give the parties concerned a hearing.
Article 26a
(New, SG No. 37/2003, amended, SG No. 11/2005, repealed,
SG No. 63/2005).
Article 27
(1) (Amended, SG No. 29/2006) Any foreigners, who have entered Bulgaria on a certain ground, shall be refused extension of the duration of residence on another ground, with the exception of cases when this is required by the national interest and under force majeure.
(2) The duration of stay of foreigners shall only be extendible up to six (6) months prior to the expiration of their national foreign-travel documents' validity.
Article 27a
(New, SG No. 42/2001)
Government authorities which, pursuant to a statutory act, perform registration of foreigners, or of activities performed by foreigners, shall be obligated to check the type and grounds of visas issued to foreigners. In the event of establishing a discrepancy between the required registration and the type and grounds of the visa issues, registration shall not be made and the services exercising administrative control of foreigners shall be notified immediately.
Article 27b
(New, SG No. 42/2001)
(1) Officials who, as a result of the duties performed by them, have established a change in the legal status or the activity of foreigners, must notify thereof the services exercising administrative control of foreigners immediately.
(2) In the event of a revocation or termination of a foreigner's right to permanent residence, the services exercising administrative control of foreigners shall notify the civil registration authorities immediately.
Article 28
(Amended, SG No. 42/2001)
(1) (Amended, SG No. 37/2003, SG No. 11/2005, repealed, SG No. 63/2005, effective 1.01.2006)
(2) (Repealed, SG No. 63/2005, effective 1.01.2006).
(3) (Supplemented, SG No. 37/2003, amended, SG No. 11/2005) Any natural or legal person that has provided shelter to a foreigner must, within 5 days of providing such shelter, notify thereof, in writing, the service exercising administrative control over foreigners or the district police department in the jurisdiction of which he is residing, by stating the foreigner's full name, date of birth, citizenship, number and series of identity document.
(4) A person engaged in hospitality business activity, or their staff, shall, when providing accommodation to a foreigner, register him immediately in a special register. Information about foreigners accommodated shall be provided on a daily basis by such person not later than 06:00 hours to the service exercising administrative control over foreigners or the police department in the jurisdiction of which the hotel is located.
(5) (New, SG No. 37/2003, repealed, SG No. 63/2005, effective 1.01.2006).
(6) (Renumbered from Paragraph (5), SG No. 37/2003, repealed, SG No. 63/2005, effective 1.01.2006).
(7) (Renumbered from Paragraph (6) and amended, SG No. 37/2003, amended, SG No. 63/2005, effective 1.01.2006) The stay in the Republic of Bulgaria of the persons referred to in Article 18 (2) and in Item 14 of Article 24 (1) herein shall not be assimilated to the duration required to obtain a permanent residence permit or to acquire Bulgarian citizenship by naturalization.
Article 28a
(New, SG No. 42/2001)
(1) (Amended, SG No. 54/2002) A foreigner who has not completed 18 years of age, who has entered this country on legal grounds unaccompanied by an escort: a parent or another person of legal age who is responsible for him under statutory provisions or common practice, or has done so with an escort but has been abandoned by him and who has not requested protection under the Asylum and Refugees Act, may be granted an extension of the duration of stay on the territory of the Republic of Bulgaria.
(2) The state Agency for Child protection shall provide, temporarily, any foreigners under paragraph (1) with the material support and care necessary to meet their basic sustenance needs, medical care and due guardianship, including legal assistance and representation, and with access to free-of charge education at Bulgarian state and municipal schools, until the final settlement of the matter of their stay in this country but sot after they have completed 18 years of age.
(3) In cases where any foreigners under paragraph (1) are not granted an extension of the duration of stay on the territory of the Republic of Bulgaria, they shall be returned to their country of origin, a third country willing to accept them, or a country obliged to accept them under an agreement for delivery and re-acceptance signed with the Republic of Bulgaria, provided that in such a country their life and freedom are not jeopardised and they are not exposed to the danger of persecution, torture or inhuman or humiliating treatment.
Article 29
Foreigners residing in the Republic of Bulgaria on a long-term basis shall be required to certify their identity under such terms and procedures as shall be established by law.
Article 30
The loss or destruction of a foreigner's valid foreign-travel documents, or substitute papers, must be reported immediately to the services exercising administrative control over foreigners.
Article 31
(1) A foreigner's foreign-travel documents may be temporarily detained:
1. by the competent bodies of the judiciary when penal proceedings have been instituted because of a crime commission;
2. by the competent officers in the event of the foreigner's commitment to an institution for imprisonment of convicted persons;
3. by the Ministry of Interior's authorities when there is reasonable doubt that the documents are counterfeit or forged;
4. by the Ministry of Interior's authorities in the event that an order has been issued prescribing expulsion, forcible taking under escort to the border, or extradition from this country;
5. (repealed, SG, No. 29/2007);
6. by the Ministry of Interior's authorities in all events where foreigners have been forcibly sent back from another country.
(2) In all cases stipulated under paragraph (1), subparagraphs 1, 2 and 3 above, the officials detaining a foreigner's documents shall draw up a written statement on the basis whereof the services exercising administrative control over foreigners shall issue a temporary document certifying the person's identity.
(3) A detained foreign-travel document shall be returned to the concerned foreigner when the grounds for its temporary detention are no more existent.
(4) Foreign-travel documents of foreigners enjoying diplomatic immunity in the Republic of Bulgaria shall not be subject to detention, unless otherwise provided in the international treaties whereto the Republic of Bulgaria is a signatory.
Article 32
Foreign-travel documents of foreigners shall not be given or accepted as security by pledge, nor shall they be given into another's keeping for temporary use.
Article 33
(1) Foreigners who have been allowed permanent residence in the Republic of Bulgaria shall be allowed to seek employment under the terms and procedures established for Bulgarian citizens.
(2) Foreigners who have been allowed short-term or continued stay in the Republic of Bulgaria's territory shall only be allowed to carry out activities under an employment agreement following the receipt of permission from the competent bodies of the Ministry of Labour and Social Policy.
(3) Foreigners who have been granted a work permit shall only be allowed to work for the employer and for the period of time specified in their work permit.
Chapter III "a"
LONG-TERM RESIDENCE OF A FOREIGNER WHO HAS RECEIVED A LONG-TERM
RESIDENCE PERMIT IN ANOTHER MEMBER-STATE OF THE EUROPEAN UNION
(New, SG No. 29/2007)
Article 33a
(New, SG No. 29/2007)
(1) A foreigner who has received a long-term residence permit in another European Union member-state may receive a long-term residence permit in the Republic of Bulgaria:
1. if he/she is a worker, employee of a self employed person in the Republic of Bulgaria;
2. for the purpose of study, including professional training in an educational establishment;
(2) A long-term residence permit shall be issued to the foreigner under paragraph 1 if he/she complied with the terms referred to in Article 24, paragraph 2 and if he/she presents:
1. a work permit in the Republic of Bulgaria - if he/she is a worker or employee;
2. documents that he/she has permission to perform an activity as self- employed and commands the required resources for engaging in business activities - if he/she is self employed;
3. a certificate from the educational establishment that he/she has been accepted for study in the respective year - if the residence is for educational purposes.
Article 33b
(New, SG No. 29/2007)
(1) Within one month after his/her entry into the territory of the Republic of Bulgaria the foreigner shall submit to the services for administrative control of foreigners an application for issuing a long-term residence permit on the territory of the Republic of Bulgaria.
(2) The application shall be considered within four months after the date of its submission.
(3) When the documents under Article 33a, paragraph 2 have not been enclosed with the application of the case is complex from a factual point of view the term may be extended by no more than three months. In these cases the services for administrative control of foreigners shall notify forthwith the foreigner thereof.
(4) The procedure for reviewing the application shall be determined in the Regulation on the implementation of this act.
Article 33c
(New, SG No. 29/2007)
(1) The long-term residence permit shall be issued for a term of five years.
(2) The permit shall be renewed on an application by the foreigner by the services for administrative control of foreigners after its expiry
Article 33d
(New, SG No. 29/2007)
(1) When the foreigner referred to in Article 33a, paragraph 1 has a long-term residence permit and has a family established in a European Union member-state which has issued his/her long-term residence permit the members of his/her family shall be entitled to accompany him/her of to join him/her.
(2) In order to obtain a residence permit for the members of the family they shall submit to the territorial service for administrative control of foreigners the following:
1. a standard foreign travel document;
2. the documents referred to in Article 24, paragraph 2;
3. their long-term residence permit or a residence permit in another European Union member-state;
4. proof that they have resided in the capacity of members of the family of a foreigner residing in another European Union member-state.
(3) The term of residence of the members of the family shall be determined for the term of residence of the foreigner referred to in Article 33a, paragraph 1.
(4) When the family came into existence under the terms of paragraph 1 the general rules for foreigners entering and residing in the Republic of Bulgaria shall apply to the members of the family of the foreigner referred to in Article 33a, paragraph 1.
Article 33e
(New, SG No. 29/2007)
The Services for administrative control of foreigners shall notify the other European Union member-state of the granted right to long term residence of the foreigner referred to in Article 33a, paragraph 1.
Article 33f
(New, SG No. 29/2007)
(1) The Services for administrative control of foreigners shall refuse long-term residence permit to a foreigner referred to in Article 33a, paragraph 1 or to a member of his/her family:
1. when he/she does not comply with the conditions for receiving entitlement to long-term residence specified in this section;
2. on the grounds of Article 10 or 11;
3. when the foreigner of the members of his/her family do not reside legally on the territory of the Republic of Bulgaria.
(2) The long-term residence permit of a foreigner referred to in Article 33a, paragraph 1 or of the members of his/her family shall be withdrawn when the grounds for his/her residence and in the cases referred to in Article 26, paragraph 2 have become defunct.
(3) The refusal or withdrawal of the entitlement to long-term residence shall be subject to appeal under the procedure of the Administrative Procedure Code.
Article 33g
(New, SG No. 29/2007)
(1) When grounds exist to refuse long-term residence the authorities of the Ministry of the Interior shall return forthwith and without any formalities the foreigner referred to in Article 33a, paragraph 1 or the members of his/her family to the European Union member-state in which they have a long-term residence permit.
(2) In the cases referred to in paragraph 1 the authorities of the Ministry of the Interior shall notify the competent authorities of the other European Union member-state.
Article 33h
(New, SG No. 29/2007)
(1) (Supplemented, SG No. 109/2007) When the foreigner referred to in Article 33a, paragraph 1 or the members of his/her family present a serious threat to public safety and order the authorities of the Ministry of the Interior or to the State Agency for National Security may expel them from the territory of the European Union even before they have received entitlement to long-term residence in the Republic of Bulgaria after coordination with the competent authorities of the other European Union member-state in which they have a long-term residence permit.
(2) In case of expulsion the length of the foreigners residence in the Republic of Bulgaria, the age, the health status, the family position, the social integration and the existence of a relationship with the state of residence or the lack of a relationship with the state of origin shall be taken into consideration.
(3) (Supplemented, SG No. 109/2007) The authorities of the Ministry of the Interior or to the State Agency for National Security shall notify the competent authorities of the other European Union member-state of the implementation of the decision on expulsion.
Chapter IV
FOREIGNERS LEAVING THE REPUBLIC OF BULGARIA
Article 34
Every foreigner shall be obliged to leave this country no later than the expiration of his authorised duration of stay.
Article 35
(1) A foreigner staying on a short-term basis whose foreign-travel document has been replaced by a new one shall be allowed to leave this country after he shall have notified thereof the services exercising administrative control over foreigners, unless otherwise provided in an international agreement to which the Republic of Bulgaria is a party.
(2) A foreigner who has authorisation for continued stay, shall be allowed to leave and re-enter the country without a visa until the expiration of the authorised duration of stay.
(3) A legal permanent resident foreigner shall be allowed to enter and leave this country visa-free.
Article 36
Foreigners shall be allowed to leave the Republic of Bulgaria through the places designated therefore on the grounds of foreign travel documents or other substitute papers entitling them to leave the country.
Article 37
No foreigner shall be allowed to leave this country in case a coercive administrative measure has been imposed upon him to prevent him from leaving.
Article 38
A foreigner leaving the Republic of Bulgaria by vehicle, either by land, or by air, or by water, must be in possession of all documents as per Article 21, paragraph (1), subparagraphs 2 and 3, as well as a permission, if required, to export the vehicle.
Article 39
The surrender of foreigners extraditable because of a crime commission shall be effected under the terms and procedures established by the laws of Bulgaria and by the international treaties whereto the Republic of Bulgaria is a signatory.
Chapter V
MEASURES OF ADMINISTRATIVE COMPULSION
Section I
Coercive Administrative Measures
Article 39a
(New, SG No. 42/2001)
Coercive administrative measures enforceable with respect to foreigners under this Act shall include the following:
1. revocation of the right to stay in the Republic of Bulgaria;
2. forcible escort to the border of the Republic of Bulgaria;
3. expulsion;
4. ban on entering the Republic of Bulgaria;
5. ban on leaving the Republic of Bulgaria.
Article 40
(Amended, SG No. 42/2001)
(1) Revocation of a foreigner's right to stay in the Republic of Bulgaria shall be imposed in the event that:
1. the grounds as set forth in Article 24, paragraph (1) and in Article 25, subparagraphs 2 and 6 hereof are no longer valid;
2. there are grounds for revocation under Article 10 hereof;
3. it has been established that the information provided for the purpose of achieving such right is incorrect;
4. the marriage has been terminated less than five years after it was entered into in accordance with Article 25, subparagraph 2 hereof;
5. the foreigner has failed to settle in this country within one (1) year of permission and is not residing in its territory, with the exception of the cases under Article 25, subparagraph 6 hereof.
6. it has been established that the foreigner has not resided on the territory of the Republic of Bulgaria for at least six (6) months and one (1) day in the course of the preceding calendar year.
7. (new, SG No. 52/2007) refugee or humanitarian status under the Asylum and Refugees Act are revoked or terminated.
8. (new, SG No. 52/2007) asylum granted under the Asylum and Refugees Act is revoked.
(2) A revocation of a foreigner's right to stay in the Republic of Bulgaria may be imposed in the presence of the grounds stipulated in Article 11.
(3) (New, SG No. 29/2007) A copy of the order which has entered into force on withdrawal of the entitlement of a foreigner to reside in the Republic of Bulgaria shall be sent to the municipality of his/her permanent address to be entered into the register of the population.
Article 41
(Amended, SG No. 42/2001)
Forcible escorting of a foreigner to the border of the Republic of Bulgaria shall be imposed in the event that:
1. the concerned foreigner is unable to evidence that he has entered this country lawfully;
2. the concerned foreigner has failed to leave the country prior to the expiration of his authorised duration of stay, or within seven (7) days of notification that extension of his authorised stay has been denied;
3. it has been established that the concerned foreigner has entered this country and is staying in this country under a false or forfeited foreign-travel document or a substitute document;
Article 42
(Amended, SG No. 42/2001)
(1) Expulsion of a foreigner shall be imposed when his presence in this country poses a serious threat to national security or public order.
(2) With the imposition of the coercive administrative measure under paragraph (1), the right of a foreigner to stay in the Republic of Bulgaria shall also be revoked and a ban on entering the Republic of Bulgaria shall be imposed.
Article 42a
(New, SG No. 29/2007)
A foreigner residing on the territory of the Republic of Bulgaria to whom an expulsion decision has been issued by the competent authorities of another European Union member-state shall also be expelled.
Article 42b
(New, SG No. 29/2007)
(1) The expulsion referred to in Article 42a shall be carried out when the expulsion decision has not been cancelled or suspended from execution by the European Union member-state that has issued it also when:
1. the foreigner poses a serious and real threat to public order or to national security due to the fact that:
a) there is a sentence in relation to him/her for a crime for which imprisonment of at least one year has been imposed;
b) there is sufficient data that he/she has committed a serious crime or there is sufficient data of his/her intention to commit such a crime on the territory of a European Union member-state.
2. the decision to expel the foreigner shall be on the grounds that he/she does not comply with the provisions of the legislation on entering and residing of foreigners in the European Union member-state that has issued it.
(2) In the cases referred to paragraph 1, item 1 when the foreigner holds a residence permit for the Republic of Bulgaria Article 42, paragraph 2 shall also apply.
Article 42c
(New, SG No. 29/2007)
(1) The expulsion referred to in Article 42a shall be carried out after receiving from the competent authorities of the European Union member-state that has issued the expulsion decision conformation that it has not been cancelled or suspended as well as documents confirming the identity of the foreigner.
(2) The execution of the expulsion decision issued by the competent authorities of another European Union member-state may be contested under the procedure of the Administrative Procedure Code.
Article 42d
(New, SG No. 29/2007)
The expulsion referred to in Article 42a shall not be executed when a special law or an international agreement to which the Republic of Bulgaria is a party provide otherwise.
Article 42e
(New, SG No. 29/2007)
The authorities of the Ministry of the Interior shall notify the competent authorities of the other European Union member-state that have issued the expulsion decision of its execution or of the existence of grounds for its non-execution.
Article 42f
(New, SG No. 29/2007)
When expulsion cannot take effect at the expense of the foreigner that is being expelled the authorities of the Ministry of the Interior shall notify the competent authorities of the other European Union member-state that have issued the expulsion decision of the costs incurred in relation with its execution. The procedure for the notification shall be set out in the Regulation on the implementation of this act.
Article 42g
(New, SG No. 29/2007, supplemented, SG No. 109/2007)
The authorities of the Ministry of the Interior and to the State Agency for National Security on the grounds of Article 42b, paragraph 1 may issue an expulsion order and require its execution by the competent authorities of the other European Union member- state in relation to a foreigner residing on its territory.
Article 42h
(New, SG No. 42/2001, renumbered from Article 42a, SG No. 29/2007).TEXСT:
(1) A ban to enter the Republic of Bulgaria shall be imposed where the grounds covered under Article 10 herein exist.
(2) A ban to enter the Republic of Bulgaria may be imposed where the grounds covered under Article 11 herein exist.
(3) A ban to enter the Republic of Bulgaria shall be imposed for a period not exceeding ten years.
(4) A ban to enter may be imposed simultaneously with the coercive administrative measure referred to in Item 2 of Article 40 (1), in Article 40 (2), or in Article 41 herein, when the grounds covered under Article 10 or Article 11 herein exist.
Article 43
(Amended, SG No. 70/1999, SG No. 42/2001)
(1) A ban on leaving the Republic of Bulgaria shall be imposed on a foreigner who:
1. has been sentenced in court and the sentence has become effective, and he has not served the imposed punishment of imprisonment;
2. (amended, SG No. 37/2003) has obligations exceeding BGN 5,000 to Bulgarian legal entities or natural persons that have been established under the established legal procedure and the obligations have not been duly secured;
3. (amended, SG No. 45/2002) has liquid and executable obligations towards the state exceeding BGN 5,000 or is a member of the control or management bodies of legal persons, having liquid and executable obligations towards the state exceeding BGN 5,000 in the event due security had not been provided;
(2) The measures as per paragraph (1) shall also be imposed to foreigners holding a Bulgarian citizenship as well.
(3) A foreigner under 18 years of age who is the holder of a Bulgarian citizenship as well shall be banned from leaving the Republic of Bulgaria where one of the parents is a Bulgarian citizen who has not given a written permission for his travel abroad.
Article 44
(Amended, SG No. 42/2001)
(1) (Amended, SG No. 54/2002, SG No. 103/2003, SG No. 82/2006, SG 29/2007, supplemented, SG No. 109/2007) Coercive administrative measures shall be imposed by an order of the Chairperson of the State Agency for National Security and of the Directors of National Services, the Directors of Chief Directorates and the, Director of the Migration Directorate of the Ministry of the Interior.
(2) The orders whereby the entitlement to stay in the Republic of Bulgaria is forfeited shall prescribe a time limit for leaving Bulgaria, upon the expire of which the foreigner shall be deported from Bulgaria.
(3) (Amended, SG 29/2007) The orders imposing coercive administrative measures shall be executed by the foreigners administrative control services or by the border control authorities, as the case may be, upon their coming into effect, unless the authority who issued the order has admitted anticipatory execution.
(4) The following shall be subject to immediate execution:
1. orders revoking the right of stay in the Republic of Bulgaria for reasons of existence of the grounds set out in Article 10, paragraph (1), subparagraph (1);
2. orders imposing a ban on entering the Republic of Bulgaria for reasons of existence of the grounds set out in Article 10, paragraph (1), subparagraph (1);
3. expulsion orders.
(5) In the presence of obstacles barring a foreigner from immediately leaving this country, or from entering another country, such foreigner shall be obliged, under an order to be issued by the authority that has issued the order imposing the coercive administrative measure, to report daily to the respective police precinct in whose jurisdiction he resides, under the procedure laid down in the Rule on Implementing this Act, until such time as the obstacles are no longer in place.
(6) The authority that has issued the order of forcible escorting to the border of the Republic of Bulgaria or the expulsion order may, at its own discretion, coercively accommodate the concerned foreigner in a special institution for a period of time until any obstacles on the execution of the coercive administrative measure are no longer in place.
(7) (New, SG No. 37/2003, supplemented 103/2003, amended, SG No. 82/2006) Special accommodations for temporary placement of foreigners under order for forcible escort to the border of the Republic of Bulgaria or under an expulsion order shall be established with the Migration Directorate under the Police General Directorate.
(8) (New, SG No. 37/2003, supplemented, SG No. 109/2007) Accommodation of foreigners in such special homes shall be provided on the basis of an order for coercive accommodation issued by competent officials from the Ministry of Interior or by the State Agency for National Security whereas such order must expressly indicate the need of such accommodation and the legal grounds, and a copy of the order referred under paragraph (6) must be attached thereto.
(9) (New, SG No. 37/2003) The procedure for temporary accommodation of foreigners in such special homes, and their organisation and operations shall be regulated in a regulation issued by the Minister of Interior.
Article 44a
(New, SG No. 42/2001)
A foreigner who has been imposed the coercive administrative measure of expulsion shall not be expelled to a country where their life and freedom are jeopardised and he is exposed to the danger of persecution, torture or inhuman or humiliating treatment
Article 44b
(1) (New, SG No. 42/2001, previous text of Article 44b, SG No. 52/2007) When the immediate expulsion, or forcible escorting of a foreigner to the border is impossible, or the execution of these measures needs to be postponed due to reasons of legal or technical nature, the authority that has issued the order imposing the respective coercive administrative measure shall postpone its execution until the obstacles on its execution are no longer in place.
(2) (New, SG No. 52/2007) If upon expiration of the temporary protection period granted under the Asylum and Refugees Act it is not possible to expel or forcefully take a foreigner to the national border or those measures should be postponed for health or humanitarian reasons, the authority which has issued the order to enforce the respective compulsory administrative action shall postpone its effectuation until the obstacles to its implementation are no longer in place.
Article 45
(Amended, SG No. 29/2007)
(1) The costs related to the residence and deportation from Bulgaria of a foreigner that has entered the country on an invitation of a natural or a legal person of whom it is established that he/she does not comply with the legal requirements for the residence of foreigners in the Republic of Bulgaria shall be for the account of the host.
(2) In the cases referred tin paragraph 1 the expenses for deporting the foreigner from the country shall be collected by the National Collection Agency under the procedure provided for in the State Receivables Collections Act.
(3) (New, SG No. 52/2007) Costs related to taking a foreigner out of the country in compliance with an Asylum and Refugees Act Resolution to transfer a foreigner to the country which is competent to review his/her request for acquiring a status shall be covered by the state budget.
Article 46
(Amended, SG No. 42/2001)
(1) (Amended, SG No. 29/2007) The orders imposing coercive administrative measures may be appealed under the terms and according to the procedure established by the Administrative Procedure Code.
(2) (Amended, SG No. 29/2007) The orders on:
1. withdrawal the entitlement to residence in the Republic of Bulgaria;
2. imposing a bar to enter the Republic of Bulgaria on the grounds of Article 10, paragraph 1, item 1; and
3. expulsion
shall be subject to appeal before the Supreme Administrative Court whose decision shall be final.
(3) Orders under paragraph (2) shall not indicate the factual grounds for imposing the coercive administrative measure.
(4) A petition against an order under paragraph (2) shall not stay its execution.
Article 46a
(New, SG No. 42/2001)
Government authorities exercising powers in connection with the terms and procedure for entry into, stay in and leaving the Republic of Bulgaria by foreigners shall co-operate with the competent authorities of other states in combating illegal migration and in the execution of expulsions.
Article 47
(Repealed, SG No. 42/2001)
Section Ia
Request for Assistance in the Cases of Transit for Deporting a Foreigner
outside the Territory of the Republic of Bulgaria by Air Addressed by
the Authorities of the Ministry of the Interior to the Competent
Authorities of Another European Union Member-State
(New, SG No. 29/2007)
Article 47a
(New, SG No. 29/2007)
(1) The authorities of the Ministry of the Interior may request with a written application assistance from the competent authorities of another European Union member-state in the cases of transit for deporting a foreigner outside the territory of the Republic of Bulgaria by air in case there is no possibility to use direct flight to the state that is the end destination of the journey.
(2) Air transit may not be requested when a change of airport is required on the territory of the other European Union member-state to which the application for assistance is addressed.
Article 47b
(New, SG No. 29/2007)
(1) The application shall be addressed to the competent authorities of another European Union member-state whose assistance is requested forthwith but not later than two days before the transit date.
(2) Air transit through the territory of another European Union member- state shall be carried out after receiving the permission of its competent authorities.
(3) In case the competent authorities of the other European Union member-state to which the application is addressed fail to respond within the time-limit referred to in paragraph 1 the actions on the transit may commence after the authorities of the Ministry of the Interior notify its competent authorities of carrying out the transit.
Article 47c
(New, SG No. 29/2007)
(1) A foreigner shall be accepted immediately on the territory of the Republic of Bulgaria when:
1. an air transit permission through the territory of the other European Union member-state has been refused or withdrawn;
2. the foreigner has entered without permission the territory of the other European Union member-state through which the transit has been carried out;
3. the deportation of the foreigner for transit through another European Union member-state or to the end destination state has not been carried out or he/she has not boarded the connection flight;
4. the air transit cannot take place due to other reasons.
(2) The costs related to the return of the foreigner shall be borne by the Republic of Bulgaria.
Section Ib
Rendering Assistance to the Competent Authorities of Another European
Union Member-State in Cases of Air Transit of a Foreigner Through the
Republic of Bulgaria
(New, SG No. 29/2007)
Article 47d
(New, SG No. 29/2007)
The authorities of the Ministry of the Interior may render assistance to the competent authorities of another European Union member-state for air transit of a foreigner through the territory of the Republic of Bulgaria in case of a submitted application in writing.
Article 47e
(New, SG No. 29/2007)
(1) The authorities of the Ministry of the Interior shall notify the competent authorities of the other European Union member-state which have addressed the transit application of the decision to carry out the transit as well as of the possibilities of taking some of the measured referred to in Article 47g within two days after receiving the application.
(2) In exceptional cases the term under paragraph 1 may be extended by at most two days. The need to extend the term shall be substantiated.
(3) If the authorities of the Ministry of the Interior fail to notify the competent authorities of the other European Union member-state which have addressed the transit application of the decision to carry out the transit within the term referred to in paragraphs 1 and 2 the actions on the transit may commence after a notification by the competent authorities of the other European Union member-state.
Article 47f
(New, SG No. 29/2007)
(1) When carrying out the transit through the territory of the Republic of Bulgaria the foreigner may be accompanied by persons who have been authorised thereof by the legislation of the other European Union member- state, the competent authorities of which have addressed the transit application.
(2) The persons accompanying the foreigner shall be entitled to render assistance to the authorities of the Ministry of the Interior to prevent the escape of the foreigner, inflicting self-injuries, damages to third persons or damaged to a third parties property.
(3) The persons accompanying the foreigner shall be obliged to:
1. take the required action to prevent the circumstances referred to in paragraph 2 in the cases when it is impossible for the authorities of the Ministry of the Interior to carry out their powers; in these cases the persons accompanying the foreigner shall be obliged to observe the laws of the Republic of Bulgaria;
2. produce their identity documents as well as the transit decision or the notification referred to in Article 47e, paragraph on request by the authorities of the Ministry of the Interior.
(4) The persons accompanying the foreigner may not carry arms or wear a uniform.
Article 47g
(New, SG No. 29/2007)
(1) The authorities of the Ministry of the Interior shall render assistance for carrying out the transit through employing one or several of the following measures:
1. receiving the foreigner from the board of the aircraft and accompanying him/her within the confines of the security zone of the transit airport;
2. rendering emergency medical assistance to the foreigner and the persons accompanying him/her, as appropriate;
3. providing food to the foreigner and the persons accompanying him/her, as appropriate;
4. receiving, safekeeping and transferring of travel documents;
5. notifying the competent authorities that have addressed the transit application of the exact departure time and place of the foreigner from the Republic of Bulgaria in the cases when the foreigner is not accompanied by persons authorised thereof;
6. notifying the competent authorities that have addressed the transit application of occurring serious incidents during the foreigners transit.
(2) Within the possibilities and in compliance with applicable international rules the authorities of the Ministry of the Interior shall take all necessary measures to render assistance from the landing and the opening of the doors of the aircraft until the foreigners departure from the Republic of Bulgaria following preliminary consultations with the competent authorities of the other European Union member-state that have addressed the transit application with the exception of the cases referred to in paragraph 1, item 2.
(3) In case the carrying out of the transit proves impossible and re- acceptance of the foreigner is required by the other European Union member- state which has addressed the application the authorities of the Ministry of the Interior shall render assistance thereof.
Article 47h
(New, SG No. 29/2007)
The authorities of the Ministry of the Interior shall take all necessary measures to effect the transit within the shortest possible time but not exceeding 24 hours.
Article 47i
(New, SG No. 29/2007)
(1) The costs for rendering assistance for air transit of a foreigner through the territory of the Republic of Bulgaria shall be at the expense of the other European Union member-state, the competent authorities of which have addressed the transit application.
(2) The authorities of the Ministry of the Interior shall provide information to the competent authorities of the other European Union member- state of the costs referred to paragraph 1
Article 47j
(New, SG No. 29/2007)
(1) Assistance for effecting the transit referred to in article 47d may be refused when:
1. the foreigner has been accused of committing a crime under Bulgarian law or there is an effective sentence in relation to him/her which is subject to enforcement in the Republic of Bulgaria;
2. the foreigner poses a threat to public safety and order, public health or the relations of the Republic of Bulgaria with other states or international organisations;
3. no transit is possible through other state to the end destination state or the acceptance of the foreigner in the end destination state is impossible;
4. a change of airport is required on the territory of the Republic of Bulgaria;
5. no assistance for air transit can be given on the specified date due to other reasons; in these cases the authorities of the Ministry of the Interior shall notify the competent authorities of the other European Union member-state, which have addressed the transit application, of the nearest possible date to effect the transit.
(2) The authorities of the Ministry of the Interior may render transit assistance under Article 47d in case the grounds for refusal referred to in paragraph 1 become known after agreement to effect the transit has been given.
(3) The authorities of the Ministry of the Interior shall notify forthwith the competent authorities of the other European Union member-state, which have addressed the transit application, of the refusal to carry out the transit and the motives thereof.
Section II
Administrative and Penal Provisions
Article 48
(1) Penalised by imposition of a fine ranging from BGN 500 to 5,000 shall be any foreigner who:
1. has re-entered this country after having been expelled from it;
2. has engaged in business, commercial and other activities without appropriate authorisation;
3. has stayed in this country after his authorised duration of stay has expired.
(2) The penalty as per the preceding paragraph (1) shall be also imposed upon natural persons who have employed foreigners without appropriate authorisation, while legal persons shall be penalised by imposition of a property sanction in the amount of BGN 20,000.
(3) In the event of repeated violations under paragraphs (1) and (2) above, a fine shall be imposed ranging from BGN 1,000 to 10,000, while legal persons shall be penalised by a property sanction of up to BGN 40,000
Article 48a
(New, SG No. 42/2001)
(1) (Supplemented, SG No. 112/2001, amended, SG No. 11/2005) Penalised by imposition of a fine ranging from BGN 200 to 2,000 shall be any natural person who fails to fulfil his obligations under Article 24a.
(2) Any legal person which makes the violation under paragraph (1) shall be imposed a property sanction ranging from BGN 500 to 5,000
(3) Penalties under paragraph (1) shall be also imposed on any staff member of a sole proprietor or legal person who makes, or allows a violation under paragraphs (1) and (2).
(4) In the event of repeated violations under paragraphs (1) through (3) above, a fine shall be imposed ranging from BGN 500 to 5,000, while legal persons shall be penalised by a property sanction ranging from BGN 1,000 to 10,000.
Article 48b
(New, SG No. 11/2005)
(1) Natural persons failing to fulfil their obligations referred to in Article 28 shall be imposed a fine ranging from BGN 100 to 1,000.
(2) Legal persons failing to fulfil their obligations referred to in Article 28 shall be imposed a property sanction ranging from BGN 500 to 5,000.
(3) In the event of repeated violation under Paragraph (2) above, the legal person shall be imposed a property sanction ranging from BGN 1,000 to 10,000.
Article 49
(1) Penalised by a fine of up to BGN 3,000 shall be any foreigner who:
1. makes use of an invalid foreign-travel document or other substitute papers;
2. (supplemented, SG No. 42/2001) has lost, damaged or destroyed a Bulgarian identity document, or documents issued by the border passport and visa control authorities;
3. in his capacity as a vessel's captain or crew member has failed to comply with the established border and passport regulations in ports and port cities/towns;
4. (amended, SG No. 29/2007) fails to fulfil the obligations thereof referred to in Article 17 (2) and in Article 30 herein;
5. has given or accepted a document of identity as security by pledge, or has given such a document into another's keeping or for temporary use.
(2) In the event of repeated violations under paragraph (1) above, a fine shall be imposed ranging from BGN 1,000 to 6,000, while legal persons shall be penalised by a property sanction of up to BGN 20,000.
Article 50
(1) Penalised by a fine of up to BGN 500 shall be any foreigner who:
1. has failed to fulfil his obligations under Article 44, paragraph (3) hereof;
2. has committed a brazen violation of the established order within the border-control zone at a border-crossing check point;
3. has failed to keep the time-limit for transiting this country.
(2) In the event of repeated violations under paragraph (1) above, a fine shall be imposed ranging from BGN 200 to 1,000.
Article 51
(Amended, SG No. 37/2003, SG No. 29/2007)
A carrier who fails to comply with his obligations referred to in Article 20 shall be sanctioned with a fine or a pecuniary sanction amounting from BGN 6 000 to BGN 10 000 for each carried person.
Article 51a
(New, SG No. 63/2007)
In case of failure to submit or submission of partial and inaccurate information under article 20a (1), the carrier, either an individual or a legal person, shall be fined or respectively suffer a property sanction in the range of BGN 6,000 to BGN 10,000 per trip.
Article 52
(1) Where no other penalty has been provided for violations of this Act and of the Rules and Regulations for its implementation enacted pursuant thereto, the perpetrator shall be penalised by imposition of a fine in the amount of up to BGN 500.
(2) In case of minor offences a fine shall be imposed in accordance with Article 39, paragraph (2) of the Administrative Violations and Sanctions Act.
(1) (Amended, SG No. 112/2001) All violations of this Act, shall be ascertained by reports drawn up by the competent bodies of the Ministry of Interior, and in the cases under Article 24a or Article 33, paragraph (2) - by the competent bodies of the Ministry of Labour and Social Policy.
(2) The Minister of Interior and the Minister of Labour and Social Policy, or other officials duly appointed by them, shall, on the basis of such reports, issue penal decrees.
(3) The drawing up of the reports, the issuing and the execution of the penal decrees, and the appeals against them shall be effected in compliance with the provisions of the Administrative Violations and Sanctions Act.
Article 53
(1) (Supplemented, SG No. 112/2001) All violations of this Act, shall be ascertained by reports drawn up by the competent bodies of the Ministry of Interior, and in the cases under Article 24a or Article 33, paragraph (2) by the competent bodies of the Ministry of Labour and Social Policy.
(2) The Minister of Interior and the Minister of Labour and Social Policy, or other officials duly appointed by them, shall, on the basis of such reports, issue penal decrees.
(3) The drawing up of the reports, the issuing and the execution of the penal decrees, and the appeals against them shall be effected in compliance with the provisions of the Administrative Violations and Sanctions Act.
Chapter VI
(New, SG No. 37/2003)
INFORMATION ACTIVITY OF SERVICES FOR ADMINISTRATIVE CONTROL OF
FOREIGNERS IN THE REPUBLIC OF BULGARIA
Article 54
(1) A Single Register of Foreigners shall be set up under the Ministry of Interior, containing data concerning foreigners on continued stay.
(2) For the purposes of executing the functions established by law for the services for administrative control of foreigners under the Ministry of Interior, data concerning the following shall be processed:
1. visa control of foreign citizens;
2. border control for crossings by foreign citizens;
3. citizens seeking or having obtained special protection on the territory of the Republic of Bulgaria;
4. address registration of foreigners on short stay;
5. any administrative penalties and measures of administrative coercion imposed on foreigners;
6. acquisition, loss and restoration of Bulgarian citizenship.
(3) (New, SG No. 103/2003, amended SG No. 82/2006) The foreigners administrative control services shall be obligated to submit promptly the entire information covered under Paragraph (2) to the Migration Directorate under the Police General Directorate.
(4) (Renumbered from Paragraph 3, SG No. 103/2003) Services for administrative control of foreigners under the Ministry of Interior shall process the following data:
1. names in the Cyrillic and Latin alphabets, date of birth, place of birth, gender, citizenship;
2. single civil registry 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 foreign travel (type, series, number, date, place of issue and validity term);
6. purpose of stay in the Republic of Bulgaria;
7. visa (type, number, date and place of issue and validity term and term of stay);
8. grounds on which stay in the Republic of Bulgaria is permitted;
9. applications for long-term stay permission (number, date, decision);
10. decisions for granting special 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 aged up to 18 years;
15. permanent address in the country of which the person is a citizen;
16. decree of the President of the Republic of Bulgaria on change of citizenship;
17. entries in and exits from the Republic of Bulgaria;
18. host;
19. tourist vouchers;
20. profession and place of work;
21. imposed measures of administrative coercion;
22. ex officio data;
23. (new, SG No. 29/2007) biometric data - photographs and 10 fingerprints.
24. (renumbered from item 23, SG No. 29/2007) other data as specified in a law.
(5) (New, SG No. 109/2007) The State Agency for National Security shall use the information from the register as per paragraph 1 for purposes of discharge of its statutory functions in accordance with a procedure determined by the Minister of Interior and the Agency Chairperson.
Article 55
(1) Data from the Single Register of Foreigners shall be provided to:
1. Government authorities and organisations, on the basis of a law or an action of the judiciary power;
2. Bulgarian citizens and foreigners, only if such data refers to them;
3. Bulgarian and foreign legal persons, on the basis of a law or an action of the judiciary power;
4. Authorities in other states, in accordance with international treaties to which the Republic of Bulgaria is party;
5. The Single Service for Civil Registry and Administrative Services for the Population (ESGRAON).
(2) Bulgarian citizens and foreigners shall have the right to obtain information kept in the data bases referring to third parties only on the basis of a law or an action of the judiciary power.
(3) Refusal to provide data from the Single Register of Foreigners can be appealed under the procedure set out in the Administrative Procedure Code.
Article 56
(Amended and supplemented, SG No. 109/2007)
The Ministry of Interior and the State Agency for National Security shall provide information to the Ministry of Foreign Affairs concerning any imposed restrictions on the entry in the Republic of Bulgaria of foreigners and shall receive from the Ministry of Foreign Affairs data concerning visas issued/refused to foreigners and data concerning Bulgarian citizens who have committed crimes and violations against the law of other states.
Article 57
(Supplemented, SG No. 109/2007)
The Ministry of Interior shall exchange data with the Ministry of Labour and Social Policy and with the State Agency for National Security in connection with the issuance of work permits to foreigners and the issuance of free-lancing permits of foreigners.
Article 58
(Supplemented, SG No. 109/2007)
The Ministry of Interior shall exchange information with the State Agency for National Security and the State Agency for Refugees in connection with the issuance of identity documents to foreigners seeking or having received protection, and for the purposes of proceedings for grating special protection under the Asylum and Refugees Act.
Article 59
(1) (Amended and supplemented, SG No. 109/2007) The Ministry of Interior and the State Agency for National Security shall exchange data with the authorities of the judiciary in connection with the performance of their functions regarding the imposition and lifting of coercive administrative measures.
(2) (Amended and supplemented, SG No. 109/2007) The Ministry of Interior and the State Agency for National Security shall cooperate with the Ministry of justice concerning foreigners released from penitentiaries and concerning persons applying to acquire, restore or be relieved of Bulgarian citizenship.
Article 60
(1) (Previous text of Article 60, SG No. 109/2007) The Ministry of Interior shall cooperate and exchange data with ESGRAON and with the municipal administrations in connection with the issuance of Bulgarian identity documents and rendering administrative services to foreigners on permanent stay.
(2) (New, SG No. 109/2007) The State Agency for National Security shall interact and exchange data with the Unified System for Civil Registration and the Provision of Administrative Services of the Population and with the municipal administrations in relation to the provision of administrative services to resident aliens.
Article 61
(Amendment, SG No. 103/2003)
The Ministry of Foreign Affairs shall keep a register containing the data referred to in Article 54, paragraph (4), and data concerning foreigner filings for the issuance of visas and restrictions imposed under the procedure set out in Article 21a by the Minister of Foreign Affairs.
ADDITIONAL PROVISIONS
§ 1. For the purposes of this Act:
1. A "family" shall be the spouses and their underage children provided they have not yet entered into a marriage.
2. A "systematic violation" shall have been committed where a foreigner shall have committed more than two (2) violations inside of two (2) years.
3. (Supplemented, SG No. 42/2001) A "valid foreign-travel document or another substitute document" shall be a document that has been issued in accordance with the terms and procedures established by the laws of the respective country wherein a visa can be affixed and which entitles the foreigner to return to the state from which he is entering, to the country of origin, or a third country, the photograph in it satisfactorily identifies the bearer, all data therein are free from corrections, cross-outs, deletions, additions, etc., there is no evidence of photograph replacement, all stamps and seals affixed thereto are clear, the photograph is a good likeness of the bearer and its validity has not expired.
4. "Expulsion" shall be forcibly taking or leading a foreigner, within a short period of time, outside this country's borders because of committed crimes or in the absence of lawful grounds to stay in it.
5. "Services exercising administrative control over foreigners" shall be the statutorily designated state bodies vested with powers under this Act.
6. (New, SG No. 42/2001) "A person of Bulgarian origin" shall be a person at least one of whose ascendants is a Bulgarian.
7. (New, SG No. 42/2001, amended, SG No. 29/2007) "Force majeure" shall be natural disasters, accidents, catastrophes, robberies and circumstances leading to providing emergency medical care as well as other events occurring in spite of the will of the foreigner which he/she could neither foresee nor prevent.
7a. (New, SG No. 63/2005) "European Economic Areas" is an economic community comprising the Member States of the European Union, Iceland, Liechtenstein and Norway.
8. (New, SG No. 42/2001) "A school" shall be an establishment of general education in the meaning of the legislation of the state where the pupil resides.
9. (New, SG No. 42/2001, amended, SG No. 112/2001) "A free lance activity" shall mean any business activity performed in a personal capacity without any commitment to an employer, except for the activities under Article 24, paragraph (1), subparagraphs (2) and (11).
10. (New, SG No. 37/2003) Factual extramarital co-habitation exists when the persons live in one household and cohabitate on the basis of spouse relationships.
11. (New, SG No. 37/2003) A carrier refers to a natural or legal person who, according to their national law, has the right to perform transportation by road, by air or water using means of transportation designed for the performance of such activity.
§ 2. Fees shall be charged for the issuance of visas, residence permits and other documents in accordance with this Act in such amounts as shall be prescribed in an enactment of the Council of Ministers.
TRANSITIONAL AND CONCLUDING PROVISIONS
§ 3. This Act shall repeal the hitherto Residence of Foreigners in the Republic of Bulgaria Act (promulgated State Gazette No. 93 of 1972; amended and supplemented SG Nos. 36 of 1979; 17 of 1987; 26 of 1988; 53 of 1989, 27 of 1994, 120 of 1997, 11 ?
§ 4. In Article 9, paragraph (2) of the Foreign Investment Act (promulgated State Gazette No. 97 of 1997; amended SG Nos. 99 of 1997, 29 of 1998) the wording "or other officials duly authorised by him" shall be inserted right after the wording "the Minister of Interior".
§ 5. The Council of Ministers shall enact Rules and Regulations for the implementation of this Act
§ 6. The implementation and enforcement of this Act shall be assigned to and vested with the Minister of Foreign Affairs, the Minister of Interior and the Minister of Labour and Social Policy.
This Act was adopted by the 38th National Assembly on 11 November and again on 15 December 1998 and the Official Seal of the National Assembly has been affixed thereto.
LEV RE-DENOMINATION ACT
Promulgated, SG No. 20/5.05.1999, supplemented, SG No. 65/20.07.1999
(effective 5.07.1999)
TRANSITIONAL AND FINAL PROVISIONS
.....................................................................
§ 4. (1) (Supplemented, SG No. 65/1999) Upon the entry of this Act into force, all figures expressed in old lev terms as indicated in the laws which will have entered into force prior to the 5th day of July 1999 shall be replaced by figures expressed in new lev terms, reduced by a factor of 1,000. The replacement of all figures expressed in old lev terms, reduced by a factor of 1,000, shall furthermore apply to all laws passed prior to the 5th day of July 1999 which have entered or will enter into force after the 5th day of July 1999.
(2) The authorities, which have adopted or issued any acts of subordinate legislation which will have entered into force prior to the 5th day of July 1999 and which contain figures expressed in lev terms, shall amend the said acts to bring them in conformity with this Act so that the amendments apply as from the date of entry of this Act into force.
...................................................................
§ 7. This Act shall enter into force on the 5th day of July 1999.
TRANSITIONAL AND FINAL PROVISIONS
of the Administrative Procedure Code
(SG, No. 30/2006, effective 12.07.2006)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
§ 139. Everywhere in the Foreigners in the Republic of Bulgaria Act (Promulgated, State Gazette No. 153/1998, amended, SG No. 70/1999, amended and supplemented, SG No. 42/2001, SG No. 112/2001, amended, SG No. 45/2002, SG No. 54/2002, amended and supplemented, SG No. 37/2003, SG No. 103/2003, amended, SG No. 37/2004, SG No. 70/2004, amended and supplemented, SG No. 11/2005, SG No. 63/2005, amended, SG No. 88/2005) the words "the Administrative Procedure Act" shall be replaced by "the Administrative Procedure Code".
FINAL PROVISIONS
to the Act of amendment and supplemendment the Social Insurance Code
(SG No. 82/2006)
........................................................................
§ 14. In the Foreigners in the Republic of Bulgaria Act (Promulgated, State Gazette No. 153/1998, amended, SG No. 70/1999, amended and supplemented, SG No. 42/2001, SG No. 112/2001, amended, SG No. 45/2002, SG No. 54/2002, amended and supplemented, SG No. 37/2003, SG No. 103/2003, amended, SG No. 37/2004, SG No. 70/2004, amended and supplemented, SG No. 11/2005, SG No. 63/2005, amended, SG No. 88/2005, SG No. 30/2006) shall be amended as follows:
1. Everywhere the words "border passport control" shall be replaced by "border passport and visa control".
SUPPLEMENTARY PROVISION
to the Amendment and Supplement Act to the Foreigners
in the Republic of Bulgaria Act
§ 40. This act introduces the requirement of Directive 2003/110/+C of the Council on assistance in cases of transit for the purposes of removal by air, Directive 2003/109/ EC of the Council concerning the status of third- country nationals who are long-term residents, Directive 2003/86/EC of the Council on the right to family reunification, Directive 2001/51/EC of the Council supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985, Directive 2001/40/EC of the Council on the mutual recognition of decisions on the expulsion of third country nationals.
SUPPLEMENTARY PROVISION
to the Amendment and Supplement Act to the Foreigners
in the Republic of Bulgaria Act
(SG No. 63/2007)
§ 4. This act shall transpose the provisions of Council Directive 2004/82/EC on the obligation of carriers to communicate passenger data and Council Directive 2005/71/EC on the specific procedure for admitting third- country nationals for the purposes of scientific research.
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