FOREIGNERS IN THE REPUBLIC OF BULGARIA ACT

The Act includes the latest Amendments and Supplements dated April 2016.
 
Chapter one.
GENERAL PROVISIONS

Art. 1. (amend. –SG 29/07) (1) This Act shall establish the terms and the procedure under which foreigners may enter, reside and leave the Republic of Bulgaria.

(2) This Act shall also apply to family members of Bulgarian citizens, who aren’t citizens of a Member State of the European Union or of a state, party to the Agreement on European Economic Area, or of the Swiss Confederation.

(3) The terms and the procedure under which the citizens of other Member States of the European Union, and their family members, as well as the nationals of states, party to the Agreement on European Economic Area and of Swiss Confederation and their family members shall enter, reside and leave the Republic of Bulgaria, shall be determined by the Act on Entering, Residing and Leaving the Republic of Bulgaria.

Art. 2. (amend. –SG 29/07) (1) (amend. – SG 36/09) A foreigner within the meaning of this Act shall be any person who is not a Bulgarian citizen.

(2) (new –SG 9/2011) A foreigner is also a person, who is not a citizen of any state in accordance to its legislation.

(3) Family members of a foreigner as per this Act shall be:

1. a spouse;
2. children of the foreigner and of his/her spouse, including the adopted children, who are not of age of 18 years and are not in matrimony;
3. children of the foreigner, including the adopted children, who are not of age of 18 years and are not in matrimony, in the cases where he/she is entitled to the parental rights and the children are on alimony provided by him/her;
4. children of his/her spouse, including the adopted children, who are not of age of 18 years and are not in matrimony.

(4) (new –SG 9/2011; amend. and suppl. –SG 23/13) As family members shall also be considered the children of a foreigner or his/her spouse, who have turned 18 years age and who have not concluded matrimony in the cases where significant medicalreasons require personal care for them or they are unable to provide for themselves due to the same reasons.

(5) (new –SG 9/2011) In the cases where the foreigner already has a spouse, who lives with him/her on the territory of the Republic of Bulgaria, union of the family with another spouse shall be forbidden.

(6) (previous Para 2 –SG 9/2011; amend. –SG 23/13) Members of the family of a Bulgarian citizen shall be the persons, living together with him/her in one household and are:

1. a spouse;
2. relatives of descending line, including in case they are descendents only of the person under item
1. who haven’t turned twenty-one years of age and have not entered into a marriage;
3. relatives of descending line, including in case they are descendents only of the person under item
1. who have turned twenty-one years of age, but do not have income of their own for they are not in a condition to provide their maintenance or serious health reasons enforce the Bulgarian citizen to take personal care of them;
4. (amend. –SG 9/2011) relatives of ascending line to whom the Bulgarian citizen or the person under item 1 provides maintenance;
5. (amend. –SG 23/13) other members of his/her household, who have been at his/her support entirely in the state of their origin or in the state of their customary residence or serious health reasons require the Bulgarian citizen to take personal care of them.

Art. 3. (1) The foreigners in the Republic of Bulgaria shall have all rights and obligations according to the Bulgarian laws and the ratified international agreements to which the Republic of Bulgaria is a party except these for which Bulgarian citizenship is required.

(2) (amend. –SG 29/07) With regards to foreigners accredited as members of diplomatic and consular representations, as well as representations of international organisations in the Republic of Bulgaria, who enjoy immunity and privileges, applied shall be universally accepted norms of diplomatic and consular law and the international agreements, to which the Republic of Bulgaria is a party.

Art. 4. The foreigners staying in the Republic of Bulgaria shall be obliged to observe the laws and the established legal order, to be loyal to the Bulgarian state and not to derogate the prestige and dignity of the Bulgarian people.

Art. 5. (revoked –SG 29/07)

Art. 6. Foreigners staying in the Republic of Bulgaria shall bear civil, administrative and punitive responsibility as the Bulgarian citizens as far as in a special law or in an international agreement to which the Republic of Bulgaria is a party no other is provided.

Art. 7. (amend. SG 54/02; amend. – SG 80/15, in force from 16.10.2015) The terms and the procedure for providing protection to foreigners in the territory of the Republic of Bulgaria shall be set out in a special Act.

Chapter two.
ENTRY AND AIRPORT TRANSIT ARRANGEMENTS (Title amend. –SG 29/07)

Art. 8. (amend. –SG 29/07) (1) A foreigner may enter in the Republic of Bulgaria if he/she holds a valid document for travelling abroad or other substituting document as well as a visa, in case such is required.

(2) (suppl. –SG 9/2011) Visas shall not be required in case this is provided in Council Regulation (EC) No 539/2001 of 15 March 2001, in other acts of the European Union with binding effect, in an international agreement, to which the Republic of Bulgaria is a party, or in act of the Council of Ministers.

(3) amend. –SG 9/2011) Visas shall not be required also in the cases where the foreigner has a valid permit for extended, long-term or permanent residence.

(4) (new – SG 9/11) Following the acceptance and approval of an application for family reunion, the family members shall be issued with visas under a simplified procedure under the terms and conditions, set by an act of the Council of Ministers.

Art. 8a. (new –SG 29/07) (1) A foreigner, who is not a family member of a Bulgarian citizen, may enter the territory of the Republic of Bulgaria with a passport and a visa, in case such is required. A visa shall be issued under terms and following a procedure, determined by the Council of Ministers, without paying taxes for processing the documents and issuing the visa.

(2) Visas shall not be required in case a foreigner –member of the family of a Bulgarian citizen, has a residence card of a member of the family of a European Union citizen, issued in:

1. the Republic of Bulgaria, if the grounds of issue thereof have dropped out;
2. another Member State of the European Union, in case he/she escorts or joins a Bulgarian citizen.

(3) In event that at entering the territory of the Republic of Bulgaria a family member of a Bulgarian citizen refers to his/her capacity as such, but does not present a document as per para 2, the bodies of border control shall give an appropriate term so that he/she could receive them or certify by means of other documents that he/she is a member of the family of a Bulgarian citizen.

(4) In the cases referred to in para 3 the bodies of border control shall carry out detailed check of the personal circumstances and shall not allow entry of a person, who has not presented a document under para 2 or has not certified duly by means other documents that he/she is a member of the family of Bulgarian citizen. The refusal to allow entry of such a person in the Republic of Bulgaria shall be reasoned and shall be subject to contestation under the order of the Administrative Procedure Code.

Art. 9. (Amend., SG 42/01; amend. –SG 29/07; amend. –SG 9/2011) The visa shall be an
authorisation, issued by the Republic of Bulgaria for entry and stay, transit passing or airport transit.

Art. 9a. (new –SG 29/07) (1) The type of the visa shall be specified by the purpose for which it is
being issued. 

(2) The types of visas are:
1. airport transit visa (Category A);
2. (revoked –SG 9/2011);
3. short-stay visa (Category C);
4. long-stay visa (Category D).

(3) (suppl. –SG 103/09; revoked –SG 9/2011)
(4) (revoked –SG 9/2011)
(5) (new –SG 103/09; revoked –SG 9/2011)

Art. 9b. (new –SG 29/07) (1) The visa shall be issued in the form of a uniform visa sticker
according to European Union format and shall be valid only along with the regular document for travelling abroad or other substituting document, in or to which it is affixed.
(2) The data, entered in the visa sticker, may not be changed.

Art. 9c. (new –SG 29/07) (1) The visa sticker shall be affixed in a valid passport or other document for travelling abroad, acknowledged by the Republic of Bulgaria.

(2) In case a foreigner has valid document for travelling abroad or substituting document, which is not acknowledged by the Republic of Bulgaria, the visa sticker shall be placed on unified form for affixing a visa according to European Union format, confirmed by an act of the Council of Ministers.

(3) (amend. –SG 93/09, in force from 25.12.2009; suppl. – SG 54/02; suppl. –SG 23/13) The Ministry of Interior, coordinated with the Ministry of Foreign Affairs and the Ministry of Transport, Information Technology and Communications shall keep and update a list of the documents for travelling abroad, issued by states, international organisations, as well as by other subjects of the international public law, where may be placed visa sticker, and which entitle the foreigner to enter the territory of the Republic of Bulgaria. The terms and the procedure for coordination of the national position of the Republic of Bulgaria in
relation to recognition or non-recognition of travel documents shall be defined by a regulation of the Council of Ministers.

(4) The terms and the procedure for printing, affixing, invalidation, preservation and destruction of visa stickers and forms for placement of visas shall be determined by an act of the Council of Ministers.

You may read the entire Foreigners in the Republic of Bulgaria Act.

 

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