Law for the foreigners in the Republic of Bulgaria |
Chapter #1: GENERAL PROVISIONS Chapter #2: ENTERING OF FOREIGNERS IN THE REPUBLIC OF BULGARIA Art. 8. (1) A foreigner shall be able to enter in the Republic of Bulgaria if he has valid document for travel abroad or other substituting document as well as visa for entering, stay or for transit passing through the country when such is required. (2) Visas shall not be required when between the Republic of Bulgaria and the country which citizen is the foreigner there is a concluded agreement or there is an act of the Council of Ministers of the Republic of Bulgaria for visa free regime. (3) Not required shall be visas for a short-term stay or transit passing by foreigners, legally staying in a country with whom the Republic of Bulgaria has established a non-visa regime, if they are students traveling within the frames of a school trip and accompanied by a teacher who has a list of the students, issued by the respective school. The list shall contain: 1. Data individualizing each participant in the trip; 2. Purpose of the trip; 3. Recent photo of every student who has no regular document for traveling abroad or other substituting document according to the legislation of the country from which he comes. (4) Visa shall not be required from a foreign citizen who also has Bulgarian citizenship, upon presentation of his foreign document for traveling and a personal card under art. 13, paragraph 1, item 1 of the Law for the Bulgarian identification documents. (5) Refused to a foreigner under paragraph 3 can be entry in the country for lack of some of the legally established grounds for entry or stay in the Republic of Bulgaria. (6) The Ministry of Interior, in coordination with the Ministry of Foreign Affairs and with the Ministry of Transport and Communications, shall maintain and update a list of the documents for traveling abroad, issued by countries, by international organizations and by other subjects of the international public law, on which a sticker of Bulgarian visa can be affixed, and which entitle the foreigner to enter the territory of the Republic of Bulgaria. Art. 9. (1) The visa shall be permission for entering, stay, for transit passing or airport transfer through the territory of the Republic of Bulgaria. (2) The type of the visas shall be determined by the purpose of the visit, by the number of the permitted entries, by the term for which they are issued and by the place of issuance. (3) The visas shall be: 1. for airport transfer; 2. for transit passing; 3. for short term stay; 4. group; 5. for long term stay. 6. issued at the border. (4) The term for stay in the country on the basis of a visa shall not exceed 90 days. (5) Visas shall be issued by the diplomatic and consular representations of the Republic of Bulgaria, and those for long-term stay shall be issued upon coordination with the offices for administrative control of the foreigners. (6) As an exception, when required by the state interest, by extraordinary circumstances or by humanitarian reasons, as well as in the cases admitting no delay, or if so stipulated by a ratified international agreement in force for the Republic of Bulgaria, the bodies of border passport control at the border control checkpoints can, in coordination with the offices for administrative control of the foreigners, or with directorate "Consular relations" of the Ministry of Foreign Affairs, issue single entry visas for: 1. airport transfer; 2. transit passing; 3. short term stay for a period of 10 days. (7) The conditions and the order of issuing visas shall be determined by the Council of Ministers. Art. 11. It shall be possible to be refused the issuing of visa to a foreigner when: 1. there are data that he wants to enter the country in order to commit a crime or breach of the public order; 2. at previous stay in the country he has committed breach of the public order; 3. his entering in the country could hamper the relations of the Republic of Bulgaria with another state; 4. there are data that the purpose of the entering is to stay in the country as immigrant without having special permission for this; 5. there are data that the purpose of the entering is to use the country as transit point for migration to third country. 6. during a previous stay in the country he has been socially supported by the state; 7. he is not in position to substantiate reliably the declared purpose of traveling. 8. there is enacted penal provision for imposed fine by the order of this law, which has not been paid. Art. 16. (1) The possession of visa cannot be the only ground giving to the foreigner right to enter in the Republic of Bulgaria. (2) The bodies for border passport control shall not admit the entering in the country of a foreigner in the cases of art. 10. (3) The bodies of paragraph 2 shall be able not to admit the entering in the country of a foreigner possessing a visa in the cases of art. 11. (4) The bodies of paragraph 2 of the services for administrative control of foreigners shall be able to cancel an issued visa or reduce the term for stay of a foreigner in the country determined with the issued visa at non fulfillment of the requirements of this law. (5) In the cases under paragraph 2 the bodies of border passport control shall cancel the issued visa, informing about it immediately the Ministry of Foreign Affairs. (6) The Ministry of Foreign Affairs and the diplomatic and consular representations may invalidate an issued visa under conditions and by an order determined by an act of the Council of Ministers. Art. 20. (1) A carrier transporting by land, air or sea to and/or from the Republic of Bulgaria foreigners or Bulgarian citizens, before performing the service, shall be obliged to establish: 1. the validity of the documents of the foreigners for travel abroad, and regarding the Bulgarian citizens ? also the presence of visas for the countries which the persons wish to visit or through which they wish to pass, if so required; 2. the observing of the requirements of art. 19, paragraph 1, item 3; (2) In the cases when a foreigner is refused entry in the Republic of Bulgaria on the grounds of non-fulfillment of the obligation under paragraph 1 the carrier who has transported the foreigner shall be obliged, on request of the bodies of border control to return him, for his account, to the country from which he has been transported, to the country which has issued the travel document by which the foreigner has arrived, or to another country where he would be admitted. If the return cannot be completed immediately the expenses related to the stay of the foreigner shall be for the account of the carrier. (3) The carrier shall also be obliged to return, for his account by the order of para 2, a foreigner passing in transit the Republic of Bulgaria and the subsequent carrier refuses to transport him to the country of destination. (4) The provisions of paragraph 2 and 3 shall apply respectively regarding a foreigner sent back to the Republic of Bulgaria, who has passed the country in transit. Chapter #3: STAY OF THE FOREIGNERS IN THE REPUBLIC OF BULGARIA Art. 24. (1) Permission for long stay shall be able to receive the foreigner who: 1. wish to work under legal terms of employment upon permit by the bodies of the Ministry of Labour and Social Policy; 2. carry out commercial activity in the country according to the legally established order, and as a result of this activity at least 10 positions have been opened for Bulgarian citizens, unless agreed otherwise by an international agreement, ratified, promulgated and enacted in the Republic of Bulgaria; 3. are admitted to regular education in licensed educational establishments; 4. are foreign specialists staying in the country by force of international agreements to which the Republic of Bulgaria is a party; 5. have grounds to have permitted permanent stay or have married with a Bulgarian citizen or with a foreigner with permanent stay in the country; 6. are representatives of foreign commercial companies registered at the Bulgarian commercial - industrial chamber; 7. are financially ensured parents of foreigners with permanent stay in the country or of a Bulgarian citizen; 8. have started long treatment in a health establishment and dispose with financial resources for healing and maintenance; 9. are correspondents of foreign mass media and have accreditation in the Republic of Bulgaria; 10. are pension ensured and dispose with sufficient resources for maintenance in the country; 11. implement activity under the Law for the foreign investments; 12. implement activity by order and request of persons who have made investments in the country by the order of the Law for the foreign investments; 13. are members of the family of a foreigner who has received a permission for long stay; 14. are parents of a foreigner or live in concubinage with a foreigner who has obtained a permit for continuous stay on the grounds of art. 28, paragraph 6; 15. wish to carry out free-lance practice upon permit by the bodies of the Ministry of Labour and Social Policy in compliance with art. 24a; 16. wish to carry out non-profit activity upon permit of the Ministry of Justice under conditions and by an order determined by an ordinance of the Minister of Justice, in coordination with the Minister of Interior. (2) The persons of para 1 shall have ensured home, maintenance, obligatory insurances and insuring according to the legislation of the Republic of Bulgaria. The normative for this shall be determined with an act of the Council of Ministers. Art. 24a. (1) A foreigner who wishes to stay continuously on the territory of the Republic of Bulgaria with the purpose of carrying out free-lance activity can obtain a visa for continuous stay or a permit for continuous stay if he meets the legally established requirements for entry and stay in the country, presenting to the diplomatic and consular representations, respectively to the offices for administrative control of the foreigners, the following documents: 1. application in a form; 2. permit for carrying out free-lance activity. (2) The permits for carrying out free-lance activity shall be issued by the bodies of the Ministry of Labour and Social Policy. (3) The conditions and the order of issuance, refusal and revoking permit for carrying out free-lance activity by foreigners shall be determined by an ordinance to be issued by the Minister of Labour and Social Policy in coordination with the Minister of Interior and the Minister of Finance. (4) Not issued shall be visa for continuous stay for the purpose of carrying out free-lance practice to a foreigner in the cases under art. 24, paragraph 1, item 1 - 13 and 16. (5) Foreigners who meet the legally established requirements for carrying out the respective free-lance activity shall be released from the requirement for issuance of permit if this is stipulated by an international agreement party to which is the Republic of Bulgaria. Art. 25. Permission for permanent stay shall be possible to receive the foreigners: 1. of Bulgarian ethnic origin; 2. two years after the marriage with a Bulgarian citizen or with a foreigner staying permanently in the country; 3. small or below age children of Bulgarian citizen or of a foreigner with permanent stay in the country and who have not been married; 4. parents of Bulgarian citizens when they provide the due legally established support, and in the cases of acknowledgement or adoption - upon expiration of 3 years from the acknowledgement or adoption; 5. stayed on legal grounds without interruption on the territory of the country during the last 5 years the term of stay permitted under art. 24, paragraph 1, item 3 being not recognized; 6. invested in the country over 250 000 US$ by the lawful order. 7. who are not persons of Bulgarian origin, born on the territory of the Republic of Bulgaria, lost their Bulgarian citizenship according to emigration agreements or by their own wish and they wish to settle permanently on the territory of the country. 8. who, by December 27, have entered, stay, or were born on the territory of the Republic of Bulgaria, and whose parent has married a Bulgarian citizen. Art. 26. (1) Extension of the term for stay in the country for a foreigner shall be refused in the cases of article 10 and 11. (2) Refused shall be the extension of the period of a long-term stay in the country or revoked shall be the right of a long-term stay of a foreigner for whom it is established that he has not stayed on the territory of the Republic of Bulgaria for at least 6 months and one day during the preceding calendar year. (3) Refused shall be the issuance of permit for a long-term stay and the issued one shall be revoked of a foreigner who has married a Bulgarian citizen or a foreigner who has obtained permit for a long-term stay if evidence exists that the marriage has been contracted solely for the purpose of evading the norms stipulating the regime for foreigners in the Republic of Bulgaria and obtaining a permit for stay. (4) The decision to refuse or withdraw the permit under paragraph 3 shall be taken by the offices for administrative control of the foreigners on the basis of evidence justifying an objective conclusion that the marriage has been contracted solely for the purpose of evading the norms stipulating the regime for foreigners in the Republic of Bulgaria and obtaining a permit for stay. Such evidence can be: 1. the circumstance that the spouses do not live together; 2. lack of contribution to the commitments ensuing from the marriage; 3. the circumstance that the spouses have not known each other before the marriage; 4. the presentation of contradicting information for the personal data of the other spouse (name, address, nationality, profession), for the circumstances of their acquaintance or other important personal information; 5. the circumstance that the spouses do not speak a language understandable for both of them; 6. the payment of money for the contracting of the marriage beyond the usual dowry; 7. the presence of previous marriages contracted for the purpose of evading the norms stipulating the regime for the foreigners. (5) The data under paragraph 4 can be established by interviews held by employees of the services for administrative control of the foreigners, by statements of the concerned or third persons, by documentary means or by investigation and check up carried out by the state bodies. The services for administrative control of the foreigners shall obligatorily hear out the concerned persons. Art. 26a. The service for administrative control of the foreigners, jointly with the Ministry of Education and Science, with the assistance of governmental and non-governmental organisations, shall work out programs for studying Bulgarian language by foreigners applying for issuance of permit for permanent stay and who do not possess a document issued by an authorised educational institution proving that they have control of the Bulgarian language, which shall be carried out by the Ministry of Education and Science. Art. 28. A foreigner having entered the territory of the Republic of Bulgaria shall be obliged, within 48 hours after his entry in the country, to declare in writing the address at which he stays before the services for administrative control of foreigners or at the regional police department at the place of their stay, announcing the full name, date of birth, citizenship, number and series of the identification document. (2) By the order and within the period under paragraph 1 the foreigner shall be obliged to inform the office for administrative control of the foreigners at the place of his stay about every change of the address at which he stays. (3) An individual or a corporate body who has provided shelter for a foreigner shall, within 48 hours from providing the shelter, inform about this circumstance in writing the office for administrative control of the foreigners or the regional police department at his location, announcing the name, the date of birth, the citizenship, the number and the series of the identification document of the foreigner. (4) A person carrying out hotel activity, or his employee, shall register him immediately upon accommodation in a special register. The information for the accommodated foreigners shall be submitted daily by this person by 6 a.m. to the office for administrative control of the foreigners or at the regional police department at the location of the hotel. (5) When the foreigner has been registered by the order of paragraph 3 or 4 he may not register by the order of paragraph 1. (6) The foreigners accredited as members of foreign diplomatic, consular and trade representations, as well as of representations of inter-governmental organisations in the Republic of Bulgaria shall be registered by the Ministry of Foreign Affairs. (7) The stay in the Republic of Bulgaria of the persons under paragraph 6 and art. 24, paragraph 1, item 14 shall not be included in the period necessary for obtaining permit for stay or for acquiring Bulgarian citizenship by naturalisation. Chapter #4: LEAVING OF THE REPUBLIC OF BULGARIA BY FOREIGNERS Chapter #5: MEASURES FOR ADMINISTRATIVE COMPULSION Section I. Compulsory administrative measures Art. 43. (1) Prohibition to leave the Republic of Bulgaria shall be imposed to a foreigner who: 1. has been convicted by an enacted sentence and has not served the imposed imprisonment; 2. has liabilities over 5000 levs to corporate bodies or individuals established by court order and which have not been duly secured; 3. has liquid and exigible liabilities to the state of over 5000 levs, or who is a member of the control or managing bodies of corporate bodies who have liquid and exigible liabilities to the state of over 5000 levs which are not duly secured. (2) The measures under paragraph 1 shall also apply to foreigners who also have Bulgarian citizenship. (3) Prohibited is the leaving of the Republic of Bulgaria of a foreigner under 18 years of age having Bulgarian citizenship of whom one of the parents is Bulgarian citizen and he has not presented a written consent for his traveling abroad. Art. 44. (1) The compulsory administrative measures shall be imposed by an order of a director of a national, territorial office of the Ministry of Interior, of a head of regional border sector, or by the Director of Directorate ?Migration?. A copy of the order shall be sent to the State agency for the refugees at the Council of Ministers. (2) The orders for withdrawal of the right of stay in the Republic of Bulgaria shall determine the term of leaving the country, upon whose expiration the foreigner shall be taken out of the country by compulsion. (3) The orders for imposing compulsory administrative measures shall be carried out by the offices for administrative control of the foreigners, respectively by the bodies for border passport control upon their enactment, unless the body who has issued the order has admitted preliminary fulfillment. (4) Subject to immediate fulfillment shall be: 1. the orders for withdrawal of the right of stay in the Republic of Bulgaria for the presence of the circumstances under art. 10, paragraph 1, item 1; 2. the orders for imposing prohibition of entry into the Republic of Bulgaria for the presence of the grounds under art. 10, paragraph 1, item 1; 3. the expulsion orders. (5) When obstacles exist for the foreigner to leave the country immediately or to enter another country the foreigner shall be obliged, by an order of the bodies which has issued the order for imposing compulsory administrative measure, to appear daily in the police office at the place of his stay by an order determined by the regulations for implementation of the law, until the obstacles are dropped. (6) The body which has issued the order for compulsory taking to the border of the Republic of Bulgaria or for expulsion can, by his judgment, accommodate the foreigner in a special home for a period until the dropping of the obstacles for fulfillment of the compulsory administrative measure. (7) Established at the Directorate ?Migration? of the Ministry of Interior shall be special homes for temporary accommodation of foreigners for whom order has been issued for compulsory taking to the border of the Republic of Bulgaria or for expulsion. (8) The accommodation of foreigners in the special homes shall be carried out on the grounds of an order for compulsory accommodation, issued by competent officials of the Ministry of Interior, as the order shall explicitly state the necessity of the accommodation and the legal grounds and a copy of the order under paragraph 6 shall be enclosed. (9) The order of temporary accommodation of the foreigners in the special homes, as well as the organisation and their activity shall be settled by an ordinance of the Minister of Interior. Section II. Administrative punitive provisions Art. 51. (1) A carrier - individual, who does not fulfill his obligations under art. 20 shall be fined by 2000 to 10 000 levs. (2) A carrier - corporate body, who does not fulfill his obligations under art. 20 shall be punished by a property sanction of 5000 to 20 000 levs. (3) When, in violation of art. 20, more than one person have been transported to the Republic of Bulgaria or their return has been refused, the fine for the offender under paragraph 1 shall be from 10 000 to 20 000 levs, and the property sanction for the offender under paragraph 2 shall be from 20 000 to 40 000 levs. (4) For repeated violation the fine and the property sanction shall be: 1. in the cases of paragraph 1 - fine from 5 000 to 20 000 lv; 2. in the cases of paragraph 2 - fine from 20 000 to 40 000 lv; 3. in the cases under paragraph 3 - a fine from 20 000 to 40 000 levs and property sanction from 30 000 to 60 000 levs. Chapter #6: INFORMATIONAL ACTIVITY OF THE SERVICE FOR ADMINISTRATIVE CONTROL OF THE FOREIGNERS IN THE REPUBLIC OF BULGARIA Art. 54. (1) The Ministry of Foreign Affairs shall maintain a Single Register for foreigners, containing data for long-term staying foreigners. (2) For the purpose of fulfillment of the legally established functions of the services for administrative control of the foreigners at the Ministry of Interior data shall be processed regarding: 1. the visa control of foreign citizens; 2. the border control of passing foreign citizens; 3. the foreigners seeking or having received special protection on the territory of the Republic of Bulgaria; 4. the address registration of short-term staying foreigners; 5. the imposed administrative penalties and measures for administrative compulsion regarding foreigners; 6. the acquisition, losing and restoration of Bulgarian citizenship. (3) The services for administrative control of the foreigners shall be obliged to produce, in due time, at Directorate ?Migration? of the Ministry of Interior the whole information under paragraph 2. (4) The services for administrative control of the citizens at the Ministry of Interior shall process the following data: 1. the names in Cyrillic and Roman alphabet, date of birth, place of birth, sex, citizenship; 2. united citizen's number and/or personal number of a foreigner; 3. permanent address in the Republic of Bulgaria; 4. present address in the Republic of Bulgaria; 5. document for traveling abroad (type, series, number, date, place of issuance and validity term); 6. purpose of stay in the Republic of Bulgaria; 7. visa (type, number, date and place of issuance, validity and term of stay); 8. grounds of permitting the stay in the Republic of Bulgaria; 9. applications for permitting long-term stay (number, date, decision); 10. permits for acquiring 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 under 18 years of age; 15. permanent address in the country whose citizen the person is; 16. edict of the President of the Republic of Bulgaria for change of the citizenship; 17. entries and exits to and from the Republic of Bulgaria; 18. host; 19. tourist vouchers; 20. profession and place of employment; 21. imposed compulsory administrative measures; 22. official data; 23. other data stipulated by a law. Art. 55. (1) The data from the Single Register for foreigners shall be submitted to: 1. state bodies and organisations on the grounds of a law or an act of the judicial authority; 2. Bulgarian citizens and foreigners - only if the data regard them; 3. Bulgarian and foreign corporate bodies on the grounds of a law or by an act of the judicial authority; 4. services of other countries - in compliance with the international contracts party to which is the Republic of Bulgaria; 5. ESGRAON. (2) The Bulgarian citizens and the foreigners shall have the right to receive information stored in the data funds regarding third persons only on the grounds of a law or an act of the judicial authority. (3) The refusal to submit data from the Single Register for the foreigners may be appealed by the order of the law for the administrative proceedings. Art. 56. The Ministry of Interior shall submit information to the Ministry of Foreign Affairs regarding imposed restrictions for entering the Republic of Bulgaria to foreigners and shall receive from the Ministry of Foreign Affairs data for issued/refused visas to foreigners and data for Bulgarian citizens having committed crime and offences of the legislation of other countries. Art. 57. The Ministry of Interior shall carry out exchange of data with the Ministry of Labour and Social Policy in connection with the issuance of work permits to foreigners and with the issuance of permits for free-lance activity by foreigners. Art. 58. The Ministry of Interior shall carry out informational exchange with the State Agency for the foreigners in connection with the issuance of identification documents to the foreigners seeking or having obtained protection, and for carrying out proceedings for granting special protection according to the Law for the asylum and refugees. Art. 59. (1) The Ministry of Interior shall carry out data exchange with the bodies of the judicial authority in connection with the fulfillment of its functions related to the imposing and revoking of compulsory administrative measures. (2) The Ministry of Interior shall carry out interaction with the Ministry of Justice regarding foreigners who have released from the places of detention and persons applying for acquiring, restoring of or release from Bulgarian citizenship. Art. 60. The Ministry of Interior shall carry out interaction and data exchange with ESGRAON and with the municipal administrations in connection with the issuance of Bulgarian identification documents and with the administrative servicing of permanently staying foreigners. Art. 61. The Ministry of Foreign Affairs shall keep a register containing the data under art. 54, paragraph 4, as well as data for applications filed by foreigners for issuance of visas and restrictions imposed by the order of article 21a by the Minister of Foreign Affairs. Additional provisions § 1. In the context of this law: 1. "Family" are the spouses and their children under age if the latter have not entered in a marriage. 2. "Systematic breach" is at hand when in 2 years the foreigner has committed more than two breaches. 3. "Valid document for travel abroad or other substituting document" is the one issued by the lawfully established order of the corresponding state, on which visa can be affixed and which entitles the foreigner to return to the country from which he comes, to the country of origin or to a third country, the photo in it permits to be established the identity of its holder, does not contain corrections, crossing, deletions, additions etc. in the data, there are no traces of changing of the photo, the seals are clear, the image of the photo coincides with the appearance of the holder and the term of validity has not elapsed. 4. "Expelling" is compulsory taking the foreigner out of the borders of the country in short term due to committed breaches or due to lack of grounds for stay in it. 5. "Services for administrative control of foreigners" are normatively determined state bodies which have powers under this law. 6. "Person of Bulgarian origin" is a person of whom at least one of the ascending is Bulgarian. 7. "Cases brooking no delay" are present when, for reasons of deteriorated health condition, death of a relative, or for other reasons, occurred beyond the fault of the foreigner and which he would not be able to foresee and prevent, his remaining on the territory of the Republic of Bulgaria is imperative. 8. "School" is a general education establishment in the context of the legislation of the country where the student is staying. 9. "Free-lance activity" is every economic activity, with exception of the activities under article 24a, paragraph 1, item 2 and 11 carried out in personal quality without commitment to an employer. 10. "Actual concubinate" is present when the persons live in one household and live on matrimonial basis; 11. "Carrier" is an individual or a corporate body who, according to his national legislation has the right to carry out transportation by land, air or water, by a vehicle designated for carrying out such an activity. Transitional and concluding provisions § 6. The implementation of the law shall be assigned to the Minister of Foreign Affairs, the Minister of Interior and the Minister of Labour and Social Policy. The law is passed by the 38th National Assembly on November 11, 1998 and on December 15, 1998 and is affixed with the official seal of the National Assembly. |
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