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Regulations for Application of the Foreigners in the Republic of Bulgaria Act
Last update: 2008-08-21 03:06:10
Section I
General Provisions
Article 1. (Supplemented, SG No. 49/2007) These Regulations govern the application of the Foreigners in the Republic of Bulgaria Act regarding the terms and procedure whereunder foreigners enter, reside in, and leave Bulgaria, as well as terms and procedure regarding Bulgarian nationals family members who are not nationals of any European Union Member State, nor any country signatory to the European Economic Area Agreement, nor the Swiss Confederation.
Article 2. Stateless persons, who are permanent residents within the territory of the Republic of Bulgaria, shall enjoy the protection of the Bulgarian diplomatic and consular missions in other countries while on a travel abroad according to the Bulgarian laws and the international treaties to which the Republic of Bulgaria is a party.
Article 3. (Repealed, SG No. 49/2007).
Article 4. (Amended, SG No. 49/2007) (1) A foreigner shall be allowed to enter, reside in and leave the Republic of Bulgaria under the terms established by Articles 8 and 8a of the Foreigners in the Republic of Bulgaria Act.
(2) Apart from the documents referred to in Articles 8 and 8a of the Foreigners in the Republic of Bulgaria Act, holding other documents specified in international treaties to which the Republic of Bulgaria is a party may likewise qualify a foreigner for entry into the Republic of Bulgaria.
Section II
Foreigners Entering the Republic of Bulgaria
Article 5. (1) Foreigners shall enter the Republic of Bulgaria through the border-crossing checkpoints provided they hold a valid foreign-travel document or another substitute document. The specimens of such documents shall be declared to the competent authorities of the Republic of Bulgaria through diplomatic channels.
(2) Where so provided for in an act of the Council of Ministers, foreigners may enter the Republic of Bulgaria if in possession of a valid foreign-travel document or another substitute document which has not been declared to the competent authorities of the Republic of Bulgaria through diplomatic channels.
Article 6. (Amended, SG No. 49/2007) A foreigner who does not satisfy the requirements for entry into the Republic of Bulgaria shall not be admitted into this country by the border control authorities. Refusal of entry shall be reported on a standard form for refusal of entry specified under Part B of Annex V of Regulation (EC) No. 562/2006 of the European Parliament and of the Council dated 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Article 6a. (New, SG No. 49/2007) (1) In case an alien's documents were not stamped at entry into the Republic of Bulgaria, relevant Ministry of Interior (MoI) competent authorities may assume that the holder of those documents has not been or is no longer in compliance with requirements on the duration of short term stay in the Republic of Bulgaria.
(2) In the cases specified under paragraph 1, the alien may submit authentic documents such as travel tickets and other documents to prove his/her stay outside the territory of the Republic of Bulgaria and therefore compliance with requirements on duration of short term stay.
(3) In cases specified under paragraph 2 the alien may be issued a unified form confirming compliance with the requirements on the duration of short term stay in accordance with Regulation (EC) No. 562/2006 of the European Parliament and of the Council dated 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code).
(4) If the alien is incapable of proving compliance with requirements on the duration of short term stay in the cases specified under paragraph 1, MoI competent authorities shall inscribe the date the alien crossed the external border of the Republic of Bulgaria and the location of crossing in the alien's documents.
Article 7. (Amended, SG No. 15/2004, SG No. 49/2007) A foreigner shall be denied entry into the Republic of Bulgaria on the grounds listed in Items 1 through 15 of Article 10 (1) of the Foreigners in the Republic of Bulgaria Act by order of MoI heads of national services, heads of directorates general and the head of the Migration Directorate.
Article 8. (1) (Amended, SG No. 15/2004, No. 2/2006) Upon entry into the Republic of Bulgaria, any foreigners shall submit to the border passport control bodies a completed registration card under Article 18 (1) of the Foreigners in the Republic of Bulgaria Act .
(2) (Supplemented, SG No. 15/2004) The border control authorities shall stamp the foreign-travel document to record the entry of the foreigner who holds it, save as otherwise provided for in an act of the Council of Ministers or in an international treaty to which the Republic of Bulgaria is a party.
(3) (Amended, SG No. 15/2004, No. 2/2006, SG No. 49/2007) The registration cards completed shall be forwarded for subsequent processing and storage to the respective Migration Units with the Sofia Police Directorate and the Regional Police Directorates under procedure, prescribed by the Minister of Interior.
Article 8a. (New, SG No. 15/2004) The border passport control authorities or the authorities of the Migration Directorate of the Ministry of Interior shall cancel a visa by crossing with two diagonal lines and affixation of a stamp by the authority who has cancelled the visa, and through additional destruction of the kinegram security feature in the cases provided for in the Foreigners in the Republic of Bulgaria Act.
Article 8b. (New, SG No. 15/2004) (1) (Amended, SG No. 49/2007) The minimum personal financial means required from a foreigner to subsist in the Republic of Bulgaria shall amount to EUR 50 per day or the equivalent thereof in an exchangeable foreign currency, except in the cases of implementation of intergovernmental agreements on educational, scientific or cultural exchange or according to acts of the Council of Ministers.
(2) (New, SG No. 49/2007) The required personal financial means for shelter shall amount to no less than EUR 50 for each day of stay or the equivalent thereof in an exchangeable foreign currency or a document for prepaid accommodation in a tourist type shelter or an invitation statement by a Bulgarian physical person certifying that the latter will provide shelter.
(3) (New, SG No. 49/2007) Required personal finances to leave the Republic of Bulgaria via road or water transportation shall amount to no less than EUR 300 or the equivalent thereof in exchangeable foreign currency unless the individual has a return ticket.
(4) (Renumbered from Paragraph 2, SG No. 49/2007) The personal financial means required from a foreigner to leave Bulgaria shall be in an amount corresponding to the price of the ticket and the charges due (if any) for return to the country of origin or to a third country where the foreigner has the right to enter and reside.
Section III
Foreigners Residing in the Republic of Bulgaria
Article 9. (Amended, SG No. 49/2007) (1) Any foreigner, who has entered the Republic of Bulgaria without possessing a visa by virtue of an international treaty to which the Republic of Bulgaria is a party, may reside in this country for a period not exceeding 90 days distributed within 6 months as of the date of initial entry unless otherwise provided for in the treaty.
(2) Any foreigner, who has entered the Republic of Bulgaria without possessing a visa by virtue of an act of the Council of Ministers of the Republic of Bulgaria, may reside in this country for a period as specified in the said act or for a period not exceeding 90 days distributed within 6 months as of the date of initial entry should the said act not specify such a period.
Article 10. (1) (Amended, SG No. 2/2006) In the cases referred to in Article 28 of the Foreigners in the Republic of Bulgaria Act, the services for administrative control of foreigners shall record the address as named in a specialized data base for provision of administrative services to foreigners.
(2) (Amended, SG No. 15/2004) The services for administrative control, referred to in Paragraph (1), shall be the Migration Directorate and the Migration regional units.
Article 11. (1) Upon accommodating a foreigner, persons engaged in the hospitality industry shall register the said foreigner in a special register, entering the names as written in the foreign-travel document, the date and year of birth, the citizenship, the number of the foreign-travel document, and the duration of residence at the relevant address.
(2) (Amended, SG No. 15/2004) In the cases referred to in Article 28 (3) of the Foreigners in the Republic of Bulgaria Act, the person shall present the foreign travel document of the foreigner to the authorities of the Migration Directorate of the Ministry of Interior or at the competent police precinct department exercising jurisdiction over the place of residence of the foreigner, and two registration cards shall be completed in a standard form as shown in Annex 6 hereto. The registration cards as presented shall be processed by the authorities of the Migration Directorate of the Ministry of Interior or by the competent police precinct department, and one copy shall be delivered to the foreigner.
(New, SG No. 15/2004) Persons engaged in the hospitality industry or employees thereof shall present registration cards referred to in Paragraph (2) or a list of the foreigners accommodated on a paper-based/magnetic data medium at the police precinct department exercising jurisdiction over the situs of the hotel or of the accommodation establishment or to the authorities of the Migration Directorate of the Ministry of Interior.
Article 11a. (New, SG No. 15/2004) (1) The organization of work of the employees of the Ministry of Interior, who perform information operations involving the data referred to in Item 4 of Article 54 (2) of the Foreigners in the Republic of Bulgaria Act as stored in the automated information system of the Ministry of Interior, shall be determined by the Minister of Interior.
(2) Control over the address registration of foreigners shall be exercised by the authorities of the National Police Service and by the authorities of the Migration Directorate of the Ministry of Interior.
Article 12. (1) (Amended, SG No. 15/2004) Any foreigner wishing to extend the duration of the residence thereof in the Republic of Bulgaria must apply for authorization to the authorities of the Migration Directorate of the Ministry of Interior not later than seven working days prior to the expiration of the duration of the previous authorization.
(2) Extension of the duration of the residence in the Republic of Bulgaria of a foreigner who is passing through this country in transit shall be allowed solely in unforeseeable or insurmountable circumstances or for humanitarian reasons preventing the foreigner from leaving this country.
(3) (Supplemented, SG No. 49/2007) Any foreigner, who has entered this country on a valid visa, with no visa, on a short-term residence permit or who is passing through this country in transit and who wishes to extend the duration of his/her residence in the Republic of Bulgaria, shall present a valid foreign-travel document to the territorial service for administrative control of foreigners and shall submit:
1. an application completed in a standard form as shown in Annex 3 hereto;
2. documents stating proof of the reasons necessitating extension of the duration of residence in this country;
3. a document proving payment of a stamp duty under Article 10 (4) of Rate Schedule No. 4 of Fees Collected within the System of the Ministry of Interior under the Stamp Duty Act, adopted by Council of Ministers Decree No. 53 of 1998 (promulgated in the State Gazette No. 27 of 1998; amended and supplemented, Nos. 9, 33 and 78 of 1999);
4. a photocopy of the pages of the foreign-travel document containing the photograph, the identification particulars, the entry visa, and the stamp recording the latest entry into the Republic of Bulgaria;
5. proof that the applicant is provided with housing accommodation for the time of residence in this country.
6. (new, SG No. 49/2007) mandatory medical insurance.
(4) (New, SG No. 15/2004, amended, SG No. 49/2007) Upon extension of the duration of residence in cases of emergency, the authorities of the Migration Directorate of the Ministry of Interior shall, at the discretion thereof, conduct interviews to establish the need of extension of the duration of residence.)
(5) (New, SG No. 15/2004, amended, SG No. 49/2007) Where a foreigner does not hold a long-stay visa (Type D Visa), the authorities of the Migration Directorate of the Ministry of Interior, after clearance with the Consular Relations Directorate of the Ministry of Foreign Affairs, may extend the duration of residence or may issue a permit of residence when required on the grounds of national interest or in cases of emergency, transmitting a document certifying payment of the visa fee to the Consular Relations Directorate of the Ministry of Foreign Affairs.
(6) (New, SG No. 15/2004) A long-term residence permit under Article 25a of the Foreigners in the Republic of Bulgaria Act shall be issued by the Director of the Migration Directorate of the Ministry of Interior upon presentation of a document by the competent ministry.
Article 13. Any foreigner wishing to obtain a long-term residence permit shall present a valid foreign-travel document to the territorial service for administrative control of foreigners and shall submit:
1. an application completed in a standard form as shown in Annex 3 hereto;
2. a document proving payment of a stamp duty under Article 10 (4) of Rate Schedule No. 4 of Fees Collected within the System of the Ministry of Interior under the Stamp Duty Act;
3. a photocopy of the pages of the foreign-travel document containing the photograph, the identification particulars, the entry visa, and the stamp recording the latest entry into this country;
4. proof that the applicant is provided with housing accommodation for the time of residence in this country.
Article 14. Any foreigner, who has been granted a work permit by the competent government authorities, shall enclose a certified copy of the said work permit in addition to the documents covered under Article 13 herein.
Article 15. (1) Any foreigner, who is registered and who carries on commercial business under the Commerce Act, shall submit the following in addition to the documents covered under Article 13 herein upon first application for a long-term residence permit:
1. a certified copy of the judgment of court on entry in the Commercial Register;
2. a certified copy of the tax registration document;
3. (supplemented, SG No. 15/2004, amended, SG No. 49/2007) a certified copy of the document on registration at the National Revenue Agency (NRA) and a document certifying payment of social insurance contributions for ten Bulgarian citizens working under an employment relationship, should such document be required by law;
4. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
(2) Upon any subsequent application for a long-term residence permit of a foreigner on the same ground, the following documents shall be enclosed:
1. a court certificate on current status of the company case;
2. a certificate from the tax service exercising competence over the registered office of the person, showing declared financial results and taxes paid;
3. (amended, SG No. 49/2007) a certificate from the NRA to the effect that the foreigner does not incur any outstanding liabilities to the said agency;
4. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
Article 16. (1) Any foreigner, who engages in lawful activities other than under the procedure established by the Commerce Act, shall submit the following in addition to the documents covered under Article 13 herein upon first application for a long-term residence permit:
1. a document of registration under the relevant law;
2. a tax registration document, where so provided for by the law;
3. documents containing proof that the applicant possesses means to subsist during the time of residence in this country;
4. (amended, SG No. 49/2007) a registration document from the NRA.
(2) Upon any subsequent application by a foreigner for a long-term residence permit on the same grounds, the following shall be submitted:
1. a certificate of current status of the registered activity;
2. a certificate from the tax service exercising competence over the registered office of the person, showing declared financial results and taxes paid;
3. (amended, SG No. 49/2007) a certificate from the NRA to the effect that the applicant does not incur any overdue liabilities to the said agency;
4. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
Article 17. (1) Any foreigner, who has been admitted to a full-time course of study at schools organized according to the procedure established by the law, shall submit the following in addition to the documents covered under Article 13 herein:
1. a document certifying that the person has been admitted to a full-time course of study and is attending the relevant school during the academic year;
2. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
(2) Submission of the documents referred to in Item 2 of Paragraph (1) shall not be required from any foreigner of ethnic Bulgarian nationality.
Article 18. In addition to the documents covered under Article 13 herein, upon application for a long-term residence permit, any foreigner residing in this country in the capacity of a specialist by virtue of an international treaty to which the Republic of Bulgaria is a party shall submit a document issued by a competent authority and proving that the applicant will reside in this country by virtue of an international treaty.
Article 18a. (New, SG No. 15/2004) (1) Upon application for a durable residence permit, any foreigner who is a parent of a foreigner who has been granted a durable residence permit in pursuance of Item 14 of Article 24 (1) of the Foreigners in the Republic of Bulgaria Act, shall submit a certificate of birth and a document certifying address of residence in addition to the documents covered under Article 13 herein.
(2) (Amended, SG No. 49/2007) Upon application for a durable residence permit, any foreigner who is a de facto cohabitee of a foreigner who has been granted a durable residence permit in pursuance of Item 24 of Article 14 (1) of the Foreigners in the Republic of Bulgaria Act, shall submit a document certifying address of residence in addition to the documents covered under Article 13 herein.
Article 18b. (New, SG No. 15/2004) Any foreigner, who has obtained a permission for work on a freelance basis from the Ministry of Labour and Social Policy, shall submit a certified copy of the permission in addition to the documents covered under Article 13 herein.
Article 18c. (New, SG No. 15/2004) Any foreigner, who has obtained a permit for non-profit activities, shall submit a certified copy of a permission issued by the Ministry of Justice in addition to the documents covered under Article 13 herein.
Article 19. (Amended, SG No. 15/2004) Any foreigner qualified for the grant of a permanent residence permit on the grounds covered under Item 1 through 8 of Article 25 of the Foreigners in the Republic of Bulgaria Act, shall submit the following in addition to the documents covered under Article 13 herein, in accordance with the qualification as applicable:
1. documents proving qualification for the grant of a permanent residence permit;
2. a certificate of permanent residence allowed to the spouse, child or parents of the applicant, issued by the services for administrative control of foreigners;
3. documents containing proof that the applicant possesses means to subsist during the time of residence in this country;
4. a declaration of consent of the two parents, in the cases referred to in Item 3 of Article 25 of the Foreigners in the Republic of Bulgaria Act;
5. (New, SG No. 15/2004) a certificate of birth, in the cases referred to in Item 4 of Article 25 of the Foreigners in the Republic of Bulgaria Act;
6. (Renumbered from Item 5, SG No. 15/2004) a document certifying that the applicant has resided for at least five years without interruption, in the cases referred to in Item 5 of Article 25 of the Foreigners in the Republic of Bulgaria Act.
7. (New, SG No. 15/2004) a certificate of birth, a document issued by the Ministry of Justice to the effect that the person is not a Bulgarian citizen, a document issued by the municipal administration of the municipality within the territory whereof the person lived before losing the citizenship thereof, certifying entry in the population register;
8. (New, SG No. 15/2004) a copy of the pages of the foreign-travel document certifying entry and stay in the Republic of Bulgaria, should the person holds any such document; in case the person is unable to present such a document, a check shall be made in the information storage systems of the Ministry of Interior; the authorities of the Migration Directorate of the Ministry of Interior shall require documents on birth, on entry into civil marriage of the parent or another document certifying the stay of the foreigner in the Republic of Bulgaria, in the cases referred to in Item 8 of Article 25 of the Foreigners in the Republic of Bulgaria Act.
Article 19a. (New, SG No. 15/2004) In the cases referred to in Article 25a of the Foreigners in the Republic of Bulgaria Act, a document issued by the competent minister and certifying the merits in the relevant sphere shall be required, with the exception of the cases related to national security.
Article 20. Any foreigner, who serves as representative of a foreign person who or which has registered a representative office with the Bulgarian Chamber of Commerce and Industry, shall submit the following, in addition to the documents covered under Article 13 herein, for the grant of a long-term residence permit:
1. a certificate of effective registration of the representative office with the Bulgarian Chamber of Commerce and Industry, issued not earlier than one month prior to the presentation thereof;
2. a certified copy of a tax registration certificate;
3. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
Article 21. (Supplemented, SG No. 15/2004) Any foreigner, who is a financially self-supporting parent of a foreign permanent resident or of a Bulgarian citizen, shall submit the following, in addition to the documents covered under Article 13 herein, for the grant of a durable residence permit:
1. an official certificate of birth for the descendant;
2. (supplemented, SG No. 15/2004) a certificate of residence permitted to the persons referred to in Item 1, issued by the services for administrative control of foreigners, or a document certifying Bulgarian citizenship;
3. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
4. (new, SG No. 49/2007) concerning individuals specified under items 2 and 3 of Article 2 (2) of the Foreigners in the Republic of Bulgaria Act - proof of custody possessed solely by the husband/wife of a Bulgarian national over their unmarried dependents under the age of 21, as well as a notarized statement of consent by the other parent allowing the said dependents to reside in the Republic of Bulgaria on a long term basis.
Article 22. Any foreigner, who has been admitted for long-term treatment to a medical treatment facility and who possesses means to pay for the said treatment and to subsist, shall submit the following, in addition to the documents covered under Article 13 herein, for the grant of a long-term residence permit:
1. a certificate issued by the medical treatment facility according to the established procedure, stating a plan for treatment and recovery;
2. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
Article 23. Any foreigner, who is a foreign mass-media correspondent and who is accredited to the Republic of Bulgaria, shall submit a document of accreditation issued by the Ministry of Foreign Affairs in addition to the documents covered under Article 13 herein for the grant of a long-term residence permit.
Article 24. Any foreigner, who possesses a pension entitlement and means to subsist in this country, shall submit the following in addition to the documents covered under Article 13 herein for the grant of a long-term residence permit:
1. a document issued by the competent authorities of the relevant state, certifying that the applicant possesses a pension entitlement;
2. a document from a bank within the territory of the Republic of Bulgaria, certifying that the applicant holds an account whereto the relevant transfers of the pension shall be credited.
Article 25. Any foreigner, who has made a direct investment, shall submit a direct investment certificate from the Ministry of Finance in addition to the documents covered under Article 13 herein for the grant of a long-term residence permit.
Article 26. (Repealed, SG No. 15/2004).
Article 27. Any member of the family of a foreigner who has been granted a long-term residence permit in pursuance of Items 2, 4, 5, 6, 9 and 11 of Article 24 (1) of the Foreigners in the Republic of Bulgaria Act shall submit the following, in addition to the documents covered under Article 13 herein:
1. a document of civil status, certifying membership of the family;
2. a certificate of long-term residence allowed to the relevant relative in the Republic of Bulgaria, issued by the services for administrative control of foreigners;
3. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
Article 27a. (New, SG No. 49/2007) A long term residence permit shall be granted to aliens with a special protection status under Article 25 of the Combating Trafficking in Human Beings Act upon submission of a special protection status validation document issued by the competent authorities complementing other documents requisite under article 13.
Article 27b. (New, SG No. 49/2007) A long term residence permit on the grounds of item 18 of Article 24 (1) of the Foreigners in the Republic of Bulgaria Act shall require the submission of the following documents complementing the documents requisite under article 13:
1. a full transcript of the marriage certificate or the relevant birth certificate;
2. photocopy of the Bulgarian national's ID card.
3. statement of absence concerning the facts specified under Article 26 (3) of the Foreigners in the Republic of Bulgaria Act.
4. a notarized statement concerning the presence of any of the facts specified in Article 2 of the Foreigners in the Republic of Bulgaria Act.
Article 28. (1) (Amended, SG No. 15/2004, SG No. 49/2007) Applications for short-term and durable residence permits shall be accepted by the authorities of the Migration Directorate of by the Migration Units with the Sofia Police Directorate and the regional police directorates, upon presentation of a document proving payment of a stamp duty under Article 10 (4) of Rate Schedule No. 4 of Fees Collected within the System of the Ministry of Interior under the Stamp Duty Act.
(2) Any applications referred to in Paragraph (1) shall be considered and resolved within seven working days, and the resolution shall be communicated to the foreigner in writing.
(3) Upon the grant of a permit under Paragraph (1), a stamp duty shall be paid under Article 10 (2) of Rate Schedule No. 4 of Fees Collected within the System of the Ministry of Interior under the Stamp Duty Act. Non-payment of the said duty shall be grounds for termination of the procedure.
(4) Where stamp duty for extension of the duration of residence is waived according to an international treaty to which the Republic of Bulgaria is a party or according to an act of the Council of Ministers, the extension of the duration of residence shall apply as from the date of expiration of the last Bulgarian residence permit granted to the foreigner. Should the application be submitted after the time limit referred to in Article 12 (1) herein, the extension shall apply as from the date of the permit as granted.
(5) Any foreigner who has been allowed residence shall be obligated to present the foreign-travel document thereof to the service for administrative control of foreigners for stamping to record the duration as extended.
Article 29. (1) (Amended, SG No. 49/2007) Foreigners' documents for permanent residence permit in the Republic of Bulgaria shall be submitted to the services for administrative control of foreigners at the Sofia Police Directorate and the regional police directorates not later than 60 days prior to the expiration of the duration of residence as allowed.
(2) Documents for permanent residence may furthermore be submitted care of the diplomatic or consular missions of the Republic of Bulgaria in the country where the foreigner is domiciled.
(3) (Amended, SG No. 15/2004) The services referred to in Paragraphs (1) and (2) shall transmit the foreigners' documents for consideration and resolution by the Director of the Migration Directorate.
Article 30. (1) Any foreigner wishing to obtain a permanent residence permit shall present a valid foreign-travel document and shall submit an application completed in a standard form as shown in Annex 4 or 5 hereto, enclosing therewith:
1. a detailed curriculum vitae;
2. a document proving payment of stamp duty under Article 12 (4) of Rate Schedule No. 4 of Fees Collected within the System of the Ministry of Interior under the Stamp Duty Act;
3. two photographs.
(2) The applications together with the documents referred to in Article 29 (1) herein shall be considered and resolved within 60 days, and the applications referred to in Paragraph (2) within 180 days after the date of submission, with the resolution being communicated to the foreigner in writing.
(3) Upon receipt of a communication of grant of a permanent residence permit, the foreigner shall present a document proving payment of a stamp duty under Article 12 (1) and (2) of Rate Schedule No. 4 of Fees Collected within the System of the Ministry of Interior under the Stamp Duty Act.
Article 31. (1) Any foreigner, who is of ethnic Bulgarian nationality, shall enclose a certificate of birth, a certificate of baptism or other documents, issued by the authorities of the country of citizenship thereof, proving the ethnic Bulgarian nationality of the applicant, in addition to the documents covered under Article 30 herein.
(2) Where presentation of the documents referred to in Paragraph (1) shall be impossible, there shall be enclosed a document issued by an organization of the Bulgarian community in a state whereof the citizenship is held by the foreigner, certified by the State Agency for Bulgarians Abroad or by the diplomatic mission of the Republic of Bulgaria in the relevant state, regarding the legitimacy of the organization of the Bulgarian community which has issued the document, or a judgment of court on proven ethnic Bulgarian nationality.
(3) The State Agency for Bulgarians Abroad may issue a document on ethnic Bulgarian nationality at the request of the relevant person should the procedure under Paragraphs (1) and (2) prove difficult to follow.
Article 32. Any foreigner, who has entered into a marriage with a Bulgarian citizen or with a foreign permanent resident in the Republic of Bulgaria, shall submit the following, in addition to the documents covered under Article 30 herein:
1. (supplemented, SG No. 49/2007) an official document certifying entry into civil marriage in accordance with Bulgarian law;
2. documents containing proof that the applicant possesses means to subsist during the time of residence in this country;
3. a certificate of permanent residence allowed to the spouse, issued by the services for administrative control of foreigners.
4. (new, SG No. 49/2007) a full transcript of the marriage certificate in the cases of aliens applying on the grounds of Article 25, Item 2 of the Foreigners in the Republic of Bulgaria Act.
5. (new, SG No. 49/2007) a certifying document issued by the foreigner administrative control services confirming that the individual has continuously resided on the territory of the Republic of Bulgaria in the last five years, accompanied by a full transcript of the marriage certificate concerning aliens who a members of a Bulgarian national's family in the cases specified under Article 24, Item 9 of the Foreigners in the Republic of Bulgaria Act.
Article 33. (1) In addition to the documents referred to in Article 30, the following shall be submitted on behalf of any foreigner who has not attained the age of 14 years or who has attained the age of 14 years but has not attained the age of 18 years, who is a descendant of a Bulgarian citizen or of a foreign permanent resident in this country, and who has not entered into a marriage:
1. an official certificate of birth;
2. documents containing proof of the citizenship held by the applicant and by the parents thereof;
3. a certificate of permanent residence allowed to one of the two foreigner parents, issued by the services for administrative control of foreigners.
(2) The documents covered under Paragraph (1) shall be submitted in the presence of both parents. Should one of the parents be absent, a notarized declaration of the consent thereof shall be enclosed. Should both parents be absent, the documents shall be submitted by a person thereby authorized upon presentation of a notarized limited power of attorney.
Article 34. Any foreigner, who is a parent of a Bulgarian citizen, shall submit the following in addition to the documents covered under Article 30 herein:
1. a certificate of birth of the Bulgarian citizen descendant;
2. a document certifying the Bulgarian citizenship held by the descendant;
3. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
Article 35. (1) Any foreigner, who has legally resided within the territory of this country during the last five years without interruption, shall submit the following in addition to the documents covered under Article 30 herein:
1. a certificate, issued by the services for administrative control of foreigners, showing the grounds for grant of residence permit and extension of the residence during the last five years and the interruptions, if any;
2. documents containing proof that the applicant possesses means to subsist during the time of residence in this country.
(2) The competent authority, who has allowed the foreigner's residence, may furthermore require other documents depending on the ground whereon the foreigner resided in the country during the last five years.
Article 36. (Amended, SG No. 2/2006) Any foreigner, who has invested not less than 500,000 United States dollars in the Republic of Bulgaria under the procedure, established by law, shall enclose a direct investment certificate from the Ministry of Finance in addition to the documents covered under Article 30 herein.
Article 37. (1) Upon submission of an application for extension of the duration of residence or for a permanent residence permit, any foreigner, who during the residence thereof in the Republic of Bulgaria has lost the citizenship held thereby upon entry in this country, shall enclose with the required documents an official document certifying the said loss, issued by the competent authorities of the state whereof the citizenship has been lost.
(2) Any person referred to in Paragraph (1), who does not hold another citizenship as well, shall be issued Bulgarian identity documents certifying this fact.
Article 37a. (New, SG No. 15/2004) In the cases of denial of extension of the duration of residence in Bulgaria to a foreigner, the authorities of the Migration Directorate of the Ministry of Interior shall issue an individual administrative act.
Article 38. Any administrative act denying extension of the duration of residence in this country to a foreigner shall specify a time limit whereby the said foreigner shall be obligated to leave the country.
Article 38a. (New, SG No. 15/2004) Should there be reasons to believe or suspect that marriage has been entered into for the purpose of circumventing the standards of the Foreigners in the Republic of Bulgaria Act, the authorities of the Migration Directorate of the Ministry of Interior shall conduct interviews with the spouses, shall require declarations therefrom, shall make checks at the permanent or current address or at the place of work thereof, and shall collect information from neighbours, relatives and from the municipal administration authorities. The documents collected as a result of the check shall be attached to the administrative case file.
Article 38b. (New, SG No. 15/2004, repealed, SG No. 87/2004).
Article 39. (1) Any foreigner, who has been allowed long-term residence, shall be issued identity documents under the terms and according to the procedure established by the Bulgarian Identity Documents Act.
(2) Upon the issuance of a Bulgarian identity document, the services for administrative control of foreigners shall record the long-term residence allowed to the foreigner by stamping the said foreigner's national foreign-travel documents or affixing a sticker therein.
(3) (New, SG No. 15/2004) In the cases referred to in Article 28a of the Foreigners in the Republic of Bulgaria Act, the foreigner shall submit an application for the grant of a residence permit care of the representative thereof to the authorities of the Migration Directorate of the Ministry of Interior at the site of placement. A document issued by the State Agency for Child Protection, certifying the placement of the foreigner until attainment of majority at the specialized establishments with the Ministry of Health, the Ministry of Education and Science and the Ministry of Labour and Social Policy, shall be enclosed with any such application.
Article 40. In the event of a loss, theft or destruction of a foreign-travel document, the foreigner must immediately report to the nearest service for administrative control of foreigners or to the precinct police department and give them a written notification.
Article 40a. (New, SG No. 40/2007) (1) Applications for long term residence in the Republic of Bulgaria of aliens who have been granted long term residence permits in another European Union Member State shall be submitted to the Migration Units of the Sofia Police Directorate and the regional police directorates. Applications shall include a valid foreign travel documents and a stamp duty payment document under Tariff No. 4 concerning the fees collected by the Ministry of Interior under the Stamp Duty Act.
(2) Applications shall be reviewed within a 4-month period after submission and the alien shall be notified in writing about the decision thereon.
(3) The issuance of a permit under paragraph 1 shall require payment of a stamp duty under Tariff No. 4 concerning the fees collected by the Ministry of Interior under the Stamp Duty Act.
(4) The permission to stay in the Republic of Bulgaria shall not be accompanied by a seal affixed by the foreigner administrative control services on the national travel document of aliens who have obtained a long term residence permit in another European Union Member State.
(5) The respective Migration Unit of the Sofia Police Directorate or regional police directorates, which issue long term residence permits to aliens possessing such permits in another European Union Member State, shall notify the Migration Directorate headquarters thereof within 7 days upon the issuance of the permit.
Article 40b. (New, SG No. 40/2007) In addition to the documents requisite under article 13, family members of an alien who was granted a long term residence permit to the Republic of Bulgaria on the grounds of Article 33a(1) of the Foreigners in the Republic of Bulgaria Act shall submit the following:
1. a full transcript of the marriage certificate or the relevant birth certificate;
2. proof of custody of unmarried dependents under the age of 21 accompanied by a notarized statement of consent by the other parent allowing the said dependents to reside in the Republic of Bulgaria on a long term basis.
3. proof of being in possession of the needed financial means to cover living costs or a statement to the effect that the alien who has been granted a long term residence status in the Republic of Bulgaria under article 33a of the Foreigners in the Republic of Bulgaria Act shall provide for their subsistence and shelter;
4. a photocopy of the alien's ID under article 33a of the Foreigners in the Republic of Bulgaria Act;
5. a statement certifying the absence of facts specified under article 26 (3) of the Foreigners in the Republic of Bulgaria Act.
Section IV
Foreigners Leaving the Republic of Bulgaria
Article 41. (Supplemented, SG No. 49/2007) Any foreigner may leave the Republic of Bulgaria through a border-crossing checkpoint provided they hold a valid foreign-travel document whereon they have entered this country or an another substitute document within the duration of the residence allowed thereto, save in the cases of a ban imposed under Article 43 of the Foreigners in the Republic of Bulgaria Act and article 68 of the Criminal Procedure Code.
Article 42. (1) (Supplemented, SG No. 49/2007) Any foreigner, whereof the foreign-travel document has been lost, destroyed or expired, may leave this country after the issuance of a valid foreign-travel document or of a return document by the diplomatic or consular mission of a state whereof the citizenship is held by the said foreigner. The alien shall notify the foreigner administrative control services about the issuance of the new document and the said services shall validate that fact by affixing a stamp on the respective document.
(2) The documents required from a stateless person for leaving the Republic of Bulgaria in the cases referred to in Paragraph (1) shall be issued by the diplomatic or consular mission of the country of permanent residence thereof.
Article 43. The Consular Relations Directorate of the Ministry of Foreign Affairs shall issue a return document to any foreigner holding the citizenship of a state which does not have a diplomatic or consular mission in the Republic of Bulgaria or where the said mission refuses to issue the relevant document.
Article 44. (Supplemented, SG No. 15/2004) Upon leaving the Republic of Bulgaria, the border control authorities shall stamp the foreigner's foreign-travel document to record the border-crossing checkpoint and the date of exit, save as otherwise provided for in an act of the Council of Ministers or in an international treaty to which the Republic of Bulgaria is a party.
Article 45. Any foreigner who has been allowed long-term residence may leave this country and may return thereto without possessing a visa, solely on the strength of a stamp or sticker affixed to the foreign-travel document by the services for administrative control of foreigners, showing the duration of residence.
Section V
Compulsive Administrative Measures
Article 46. (Amended, SG No. 15/2004) (1) Any foreigner, whereof the right of residence in the Republic of Bulgaria has been revoked or denied or in respect of whom a procedure for denial of special protection under the Asylum and Refugees Act has been terminated, shall have the time limit for leaving the Republic of Bulgaria stamped in the foreign-travel document by the authorities of the Migration Directorate of the Ministry of Interior.
(2) (Amended, SG No. 49/2007) Any foreigner, in respect of whom an order on compulsive administrative measures has been issued under Article 41, 42, 42a or 42h of the Foreigners in the Republic of Bulgaria Act, shall have the compulsive administrative measure as imposed stamped in the foreign-travel document by the authorities of the Migration Directorate of the Ministry of Interior.
Article 47. Any foreigner, whereof the right of residence has been revoked in pursuance of Item 2 of Article 40 (1) in reference to Item 8 of Article 10 (1) of the Foreigners in the Republic of Bulgaria Act, and who has failed to leave the country within the time limit as set in the order, shall be forcibly escorted to the border according to the order referred to in Article 41 of the Foreigners in the Republic of Bulgaria Act. Until deportation from Bulgaria, any such foreigner shall be accommodated in a specialized medical treatment facility providing hospital care.
Article 48. (Amended, SG No. 49/2007) Any foreigner whereon a compulsive administrative measure has been imposed under Articles 41, 42 or 42a of the Foreigners in the Republic of Bulgaria Act, upon deportation from the Republic of Bulgaria by air, shall be escorted by officials designated by the services for administrative control of foreigners to a country whereof the citizenship is held by the said foreigner or to a country named thereby and which the said foreigner is qualified to enter.
Article 49. (1) (Amended, SG No. 15/2004) Any foreigner may be forcibly accommodated in a special facility until deportation from Bulgaria in the cases referred to in Article 44 (6) of the Foreigners in the Republic of Bulgaria Act, and this shall be expressly specified in the order of forcible escort to the border or in the expulsion order.
(2) (Amended, SG No. 49/2007) The terms and procedure for forcible accommodation and for release of foreigners from the special facility until execution of the orders referred to in Articles 41, 42 or 42a of the Foreigners in the Republic of Bulgaria Act shall be established by the Minister of Interior.
Article 50. (1) (Amended, SG No. 49/2007) Where immediate execution of the orders referred to in Articles 41, 42 or 42a of the Foreigners in the Republic of Bulgaria Act shall be impossible, the Minister of Interior or officials thereby authorized shall order the foreigner to report daily to the police service exercising jurisdiction over the place of residence thereof.
(2) (Amended, SG No. 49/2007) Any order referred to in Paragraph (1) shall indicate the existing obstacles to immediate execution of the orders referred to in Articles 41, 42 or 42a of the Foreigners in the Republic of Bulgaria Act, the population centre, the foreigner's address of residence, and the time at which the said foreigner must report to the front desk office of the territorial police service of the Ministry of Interior.
(3) A copy of the order referred to in Paragraph (1) shall be transmitted to the competent territorial police service for execution.
(4) The reporting of the foreigner to the competent police service shall be recorded in a special register at the front desk office, and any such record shall be signed by the foreigner.
(5) Execution of the measure shall be discontinued upon elimination of the obstacles to the deportation of the foreigner from Bulgaria.
Article 51. (Repealed, SG No. 49/2007).
Article 51a. (New, SG No. 49/2007) In cases of expulsion specified under article 42a of the Foreigners in the Republic of Bulgaria Act where expulsion costs cannot be paid for by the alien who is being expelled, MoI authorities shall notify the authorities of the other European Union Member State which have issued the expulsion decision about costs incurred during its enforcement in compliance with the terms and procedure of Council Decision 2004/191/EC dated 23 February 2004 setting out the criteria and practical arrangements to compensate financial imbalance resulting from the application of Directive 2001/40/EC for mutual recognition of decisions on the expulsion of third country nationals.
Article 52. (New, SG No. 15/2004) (1) Should a foreigner whereon a compulsive administrative measure has been imposed under Articles 41 and 42 of the Foreigners in the Republic of Bulgaria Act does not hold a foreign-travel document, the authorities of the Migration Directorate of the Ministry of Interior shall supply the said foreigner with such a document through the relevant diplomatic mission or consular post of the State whose citizenship the foreigner holds or, should this be impossible, through the Consular Relations Directorate of the Ministry of Foreign Affairs.
(2) The authorities of the Migration Directorate of the Ministry of Interior shall arrange tickets for travel upon deportation of a foreigner in respect of whom an order has been issued under Article 41 or 42 of the Foreigners in the Republic of Bulgaria Act.
(3) (Supplemented, SG No. 49/2007) Upon execution of the compulsive administrative measures under Article 41 or 42 of the Foreigners in the Republic of Bulgaria Act in respect of any foreigner who poses a serious threat to public order, security, the life and health of other persons, the said foreigner shall be escorted by officers of the Migration Directorate and/or officials of the Border Police Directorate General under the Ministry of Interior.
(4) (Amended, SG No. 49/2007) Upon the escort and delivery of any foreigner subject to forcible taking to the border and expulsion from Bulgaria, the security and physical protection measures shall be observed and auxiliary items shall be used according to the procedure established by Article 72 of the Ministry of Interior Act.
Article 53. (New, SG No. 15/2004) (1) Upon forcible taking to the border or expulsion of a foreigner, the officers of the Migration Directorate of the Ministry of Interior shall deliver the foreign-travel document of the foreigner, the tickets for travel, a copy of the order on the compulsive administrative measure as imposed and a memorandum of delivery and acceptance in duplicate to the chief of shift of the border passport control at the border-crossing checkpoint. The said memorandum shall be signed by the delivering and accepting officer, who shall keep one copy of the said memorandum each.
(2) In the cases under Paragraph (1), the particulars of the foreigner shall be recorded in the relevant information storage systems of the Ministry of Interior.
Article 54. (New, SG No. 49/2007) In cases of revocation or refusal of residence in the Republic of Bulgaria, refusal to extend the residence period in the Republic of Bulgaria, and enforcement of compulsive administrative measures under article 39a, item 2 of the Foreigners in the Republic of Bulgaria Act, competent authorities shall take into account the duration of residence of the alien in the Republic of Bulgaria, his/her marital status and the presence of family, cultural and social relations with the individuals country of origin.
Article 55. (New, SG No. 49/2007) If an assistance request under article 47a of the Foreigners in the Republic of Bulgaria Act is being filed, MoI competent authorities shall send a written request to the competent authorities of the other European Union Member State in compliance with the model form specified in Annex 7.
SUPPLEMENTARY PROVISION
§ 1. Within the meaning given by these Regulations:
1. "Documents containing proof that the applicant possesses means to subsist during the time of residence in this country" shall be any official documents certifying the availability of financial resources, securities, movable and immovable property within the territory of the Republic of Bulgaria.
2. "Proof of provided housing accommodation" shall be any documents showing ownership of property or landlord-tenant relationship.
3. (Amended, SG No. 15/2004) "Residence without interruption" shall be the case where a foreigner resides legally: on a visa, by virtue of international treaties or in pursuance of an act of the Council of Ministers on visa-free entry clearance or relaxed visa requirements, and after authorization by the authorities of the Migration Directorate of the Ministry of Interior, provided the said authorizations have been granted successively, without intervening interruptions. A time period of up to seven days, during which reasons brooking no delay made it impossible for the foreigner to submit documents for the grant of a long-term residence permit, and during which the said foreigner did not leave the territory of the Republic of Bulgaria, shall not be treated as interruption.
4. (Amended, SG No. 49/2007) "Special facilities" shall be specialized facilities with the Ministry of Interior for temporary accommodation of foreigners whereon compulsive administrative measures have been imposed under Articles 41, 42 and 42a of the Foreigners in the Republic of Bulgaria Act.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. All documents in a foreign language, which are presented by foreigners for ascertainment of facts and circumstances regarding the legal status of the said foreigners, must be translated and legalized according to a procedure established by an act of the Council of Ministers.
§ 3. Stamp duties under Rate Schedule No. 4 of Fees Collected within the System of the Ministry of Interior under the Stamp Duty Act shall be paid for the issuance of Bulgarian identity documents, of residence permits and other documents to foreigners in connection with the residence thereof in this country.
§ 4. These Regulations are adopted in pursuance of Clause 5 of the Transitional and Concluding Provisions of the Foreigners in the Republic of Bulgaria Act.
§ 5. Implementation of these Regulations shall be entrusted to the Minister of Interior, the Minister of Foreign Affairs, and the Minister of Labour and Social Policy.
FINAL PROVISION
to Decree No. 129 of the Council of Ministers dated 8 June 2007 amending
and supplementing the Regulations for Application of the Foreigners in
the Republic of Bulgaria Act
(SG No. 49/2007)
§ 31. This Decree incorporates the requirements of Council Directive 2003/110/EC dated 25 November 2003 on cases of assistance in cases of transit for the purposes of removal by air, Council Directive 2003/109/EC dated 25 November 2003 concerning the status of third country nationals who are long term residents, Council Directive 2003/86/EC dated 22 September 2003 on the right of family reunification and Council Directive 2001/40/EC dated 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals.
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