|
The accession of Republic of Bulgaria to the European Union is a reason for a serious change in the Bulgarian legislation related to the regime for entrance, residence and leaving the country by non-Bulgarian citizens. The changes are related to the need to harmonize the Bulgarian normative acts with the European directives and to develop and apply rules that could guarantee the right for free movement and residence of the citizens of the European Union and the foreigners within the Community and outside it.In order to achieve this goal, the Bulgarian parliament accepted new normative acts and amended the ones that are already in force. On the first place, the concept “foreigner” was changed. A foreigner, according to the definition in the Law for the foreigners, is each person who is not a Bulgarian citizen or who is not a citizen of another member-state of the European Union, or of a member-state of the European Economic Area or of the Swiss confederation. Therefore, regarding the rules for entering, residing in and leaving the Republic of Bulgaria, the regime has double standards, depending on the citizenship of the person. І. Status of the citizens of the European Union, member-states of the European Economic Area or of the Swiss ConfederationFor the citizens of a member-state of the European Union, of a member state of the European Economic Area or of the Swiss Confederation, as well as for the members of their families, the regime for entering, residing in and leaving the Republic of Bulgaria is regulated in a special law. These persons have all the rights and obligations according to the Bulgarian legislation and the international treaties to which Republic of Bulgaria is a party, during their stay in Republic of Bulgaria, except those legal documents, for which Bulgarian citizenship is required. Entering BulgariaA citizen of the European Union can enter and leave the territory of Republic of Bulgaria with a personal identification document or a passport. A member of the family of a citizen of the European Union, who is not an EU citizen, can enter and leave the territory of Republic of Bulgaria with a passport and a visa, when such is required. The visa is issued according to the terms and conditions determined by the Council of Ministers, without paying any fees for processing the documents and issuing the visa and a visa is not issued if the person has a residence card issued by a member-state of the European union. Residing in BulgariaA citizen of the European Union can stay in Republic of Bulgaria with their personal identification document or passport for a period of up to three months. A family member, who is not a citizen of the European Union, can reside in Republic of Bulgaria with their passport for a period of up to three months since the date of entering the country. A citizen of the European Union can reside in Republic of Bulgaria for a long time or permanently, for which they are issued a certificate from the 'Police National Service'. The certificate for long-term residence is issued for a period of five years and is issued to a citizen of the European Union, who meets one of the following requirements: 1. The person is a worker or is a self-employed person in Republic of Bulgaria;2. The person has health insurance and the necessary financial means for covering the costs for residing in the country and the costs of the family members without posing burden to the social benefit system; 3. The person is enrolled in an educational institution for educational purposes, including vocational training, and meets the requirements under item 2. The certificate for long-term residence is also issued to a family member of a citizen of the European Union, who presents: 1. Identification document or passport;2. Document certifying that they are a family member and are in factual cohabitation with the citizen of the European Union. In order to receive a permit for long-term residence, the citizen of the European Union and their family members, who are citizens of the European Union, shall submit a petition to the 'Police National Service' no later than three months after the date of entering Republic of Bulgaria. The certificate for long-term residence is issued on the day of submitting the petition and contains the full names of the person and the date of registration. A member of the family of an EU citizen, who is not a citizen of the European Union, can reside for a long period or permanently in Republic of Bulgaria, for which they are issued a residence card, where the term of the residence depends on the term of the long-term residence of the citizen of the European Union, of whose family this person is a member. This person is required to submit a petition no later than three months after the date of entering Republic of Bulgaria, to the 'Police National Service' in order to receive a long-term residence card, for which they are immediately issued a temporary certificate. The right for long-term residence of a family member of a citizen of the European Union shall not be affected in case of a death, leaving, termination of the marriage or the factual cohabitation with the citizen of the European Union, if the person is an employee or self-employed person in Republic of Bulgaria or the person has a health insurance and the necessary financial means for covering the costs of their stay and the costs of these family members, without being a burden to the social benefits system and/or is enrolled in an educational institution for educational purpose, including vocational training. In case of a decease of a citizen of the European Union, the right for long-term residence of the members of their family that are not citizens of the European Union shall not be affected if they have resided in Republic of Bulgaria for no less than a year before their death. When a citizen of the European Union leaves the country, the right for long-term residence of his children or of the other parent shall not be affected, provided that the children reside in Republic of Bulgaria and are enrolled in a school from the national educational system or in a university until completion of the education. A citizen of the European Union or a member of their family who is a citizen of the European Union can receive a certificate for permanent residence if they have resided continuously for five years in Republic of Bulgaria and meet one of the following requirements: 1. They have worked during the last year toward the moment of terminating the contract as an employee or toward the moment of termination of their activity as self-employed person, have reached the retirement age or have a ground for earlier retirement and have resided continuously in Republic of Bulgaria for more than three years;2. They are employees or self-employed persons who do not work due to permanent disability and have resided continuously in Republic of Bulgaria for more than two years;3. They are employees or self-employed persons and their disability is the result of an employment accident or a professional disorder;4. They are employees or self-employed persons, who have continuously resided and worked in Republic of Bulgaria for three years and work as such in another member-state, while at the same time preserving their place of residence in Republic of Bulgaria and come back in the country at least once a week. When the employees or the self-employed persons have the right for permanent residence, the members of their family, who live together with them in Republic of Bulgaria, regardless of their citizenship, also have the right for permanent residence. The certificate for permanent residence shall be taken away from the person to whom it has been issued, if that person has not resided in Republic of Bulgaria for a period longer than two consecutive years. A family member of a citizen of the European Union, who is not a citizen of the European Union, receives a permanent residence card if they have resided continuously for a period of five years in Republic of Bulgaria together with a citizen of the European Union. The permanent residence card is issued no later than one month after submitting the application and is re-issued ex officio every ten years and it is taken away from the person to which it has been issued if the person is away from Republic of Bulgaria for a period longer than two consecutive years. The citizens of the European Union and their family members legitimize themselves through an identification card or a passport during their residence in Republic of Bulgaria and certify their right for residence through a certificate or a residence card. These persons are obliged to present the abovementioned documents at the request of the competent authorities. The right for entrance and residence in Republic of Bulgaria of a citizen of the European Union or a member of their family can be restricted by derogation and on grounds related to the national security, the public order or public health. For more information please contact www.bgp.bg |
|
