Home - Blog

FOREIGNERS IN THE REPUBLIC OF BULGARIA ACT

Details
Category: Blog
Published Date
Written by Dimitar Kupenov
Hits: 5373

FOREIGNERS IN THE REPUBLIC OF BULGARIA ACT
Prom. SG. 153/23 Dec 1998, amend. SG. 70/6 Aug 1999, amend. SG. 42/27 Apr 2001, amend. SG. 112/29 Dec 2001, amend. SG. 45/30 Apr 2002, amend. SG. 54/31 May 2002, amend. SG. 37/22 Apr 2003, amend. SG. 103/25 Nov 2003, amend. SG. 37/4 May 2004, amend. SG. 70/10 Aug 2004, amend. SG. 11/1 Feb 2005, amend. SG. 63/2 Aug 2005, amend. SG. 88/4 Nov 2005, amend. SG. 30/11 Apr 2006, amend. SG. 82/10 Oct 2006, amend. SG. 11/2 Feb 2007, amend. SG. 29/6 Apr 2007, amend. SG. 52/29 Jun 2007, amend. SG. 63/3 Aug 2007, amend. SG. 109/20 Dec 2007, amend. SG. 13/8 Feb 2008, amend. SG. 26/7 Mar 2008, amend. SG. 28/14 Mar 2008, amend. SG. 69/5 Aug 2008, amend. SG. 12/13 Feb 2009, amend. SG. 32/28 Apr 2009, amend. SG. 36/15 May 2009, amend. SG. 74/15 Sep 2009, amend. SG. 82/16 Oct 2009, amend. SG. 93/24 Nov 2009, amend. SG. 103/29 Dec 2009, amend. SG. 73/17 Sep 2010, amend. SG. 9/28 Jan 2011, amend. SG. 43/7 Jun 2011, amend. SG. 21/13 Mar 2012, amend. SG. 44/12 Jun 2012, amend. SG. 16/19 Feb 2013, amend. SG. 23/8 Mar 2013, amend. SG. 52/14 Jun 2013, amend. SG. 68/2 Aug 2013, amend. SG. 70/9 Aug 2013
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 medical reasons 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) The terms and the procedure for providing special 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 a durable, a long-term or a permanent residence.


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.


Art. 9d. (new – SG 29/07) (1) (amend. – SG 23/13) The diplomatic and consular representations of the Republic of Bulgaria abroad and the border control authorities shall issue, refuse to issue, cancel and revoke visas, and bodies for administrative control of foreigners may also carry out cancellation and revocation of visas.
(2) (new – SG 23/13) (*)) The issuance, refusals to issue, cancellation and revocation of airport transit visas, short-stay visas or visas, issued by border control authorities shall be carried out pursuant to terms and conditions, defined by Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (ОВ, L 243/1 of September 15, 2009).
(3) (suppl. – SG 9/2011; prev. text of para 2 – SG 23/13(*)) The Republic of Bulgaria and another Member State of the European Union may conclude bilateral agreement on representation for acceptance of applications and issue of visas, or to establish common centres for acceptance of applications.
(4) (new – SG 9/2011; prev. text of para 3 – SG 23/13(*)) Minister of Foreign Affairs or an empowered by him/her official may conclude an agreement, under conditions and observing a procedure, as defined by the Council of Ministers, for co-operation with an external counter-party for the performance of actions, linked with the acceptance of applications for issuance of visas and data collection under observation of the provisions for personal data protection.
(5) (new – SG 9/2011; prev. text of para 4 – SG 23/13(*)) The diplomatic and consular missions may co-operate with commercial intermediaries on the base of accreditation, as defined by an act of the Council of Ministers having in view the submission of applications, except for collection of biometric data.
(6) (new – SG 9/2011; prev. text of para 5, amend. – SG 23/13(*)) Honorary consul officials may be empowered to execute some of or all of the tasks enlisted in Para 4.


Art. 9e. (new – SG 29/07; amend. and suppl. – SG 9/2011) As an exception, where this is required by the state interest or by extraordinary circumstances, the bodies of border control of the border-crossing checkpoints may issue one-time transit visas with a validity term of up to 2 days, except for the cases where otherwise provided in an international agreement, and short-stay visas with a term of a maximum of 15 days. About the issued visas National Security State Agency shall be informed immediately.


Art. 9f. (new – SG 29/07; amend. – SG 23/13) (1) The terms and procedure for issuance, refusal to issue, cancellation and revocation of visas and for determining the visa regime shall be determined by an act of the Council of Ministers.
(2) The terms and the procedure for coordination of applications for visas shall be defined by an instruction of Minister of Foreign Affairs, the Minister of Interior and the Chairperson of State Agency for National Security.


Art. 9g (new – SG 9/2011) For the issuance of a visa, the applicant shall submit, not later than three months before the start of the planned visit , a filled and signed application in a form, as defined by an act of the Council of Ministers.
(2) Attached to the application shall be documents as prescribed in an act of the Council of Ministers and evidencing the purpose of the trip.
(3) Within the execution of the activity of visa issuance persona data shall be processed, including biometric data. Biometric data shall include a photography of the person and his/her ten fingers prints, which shall be collected under a procedure, as determined by an act of the Council of Ministers and under observation of the protection mechanisms as provided in the Convention for the Protection of Human Rights and Fundamental Freedoms, drafted in Strasburg on 6 May 1963 (ratified by a law – SG 66/1992) (SG 80/1992), in the Charter of Fundamental Rights of the European Union, signed in Nice on 7 December 2000; the Convention on the Rights of the Child , adopted on 20 November 1989 (ratified with a decision of the GNA of 1991 – SG 32/1991) (SG 55/199) and the Protection of Personal Data Act .
(4) The following applicants shall be exempt from the requirement to be taken fingerprints:
1. children under the age of 12;
2. persons for whom the taking of fingerprints is physically impossible; if taking of fingerprints from less than 10 fingers is possible, than the possible number of fingerprints shall be taken; if the taking is temporarily impossible the applicant shall be required fingerprints at the next application;
3. the state and government heads and the members of the national government and their accompanying spouses, as well as the members of their official delegation, when officially invited by member state governments or by international organizations;
4. royal persons and other important members of royal families, when officially invited by governments of member states or by international organizations.
(5) In addition to the competent for the visa issuance bodies, data from the information system for visa issuance may also be used for the purposes of the border control, the administrative control over the foreigners, for the asylum provision, as well as by the empowered competent national bodies and bodies of the Member States for the prevention, disclosure and investigation of terror acts and crimes, as defined in Art. 36, Para 1 of the Extradition and European Arrest Warrant Act. Procedure of data access shall be determined by an act of the Council of Ministers.
(6) (new – SG 23/13) The regulations regarding the operation of the national visa information system shall be defined by an instruction of the Minister of Foreign Affairs.


Art. 9h. (new – SG 9/2011) (1) (amend. – SG 23/13) Where a diplomatic or consular representations finds after an inspection of the application, that the requirements of Art. 9g, Para 1 and 3 are fulfilled, that a valid document for abroad trip is presented, in compliance with the requirements as proscribed in an act of the Council of Ministers, and that the visa fee is paid, shall announce the application admissible and shall start its consideration.
(2) In event of discrepancy to the requirements as per Para 1, the application shall be considered inadmissible and the diplomatic or consular representative office shall immediately return the application and all presented by the applicant documents, shall terminate the collected biometric data, shall return the paid visa fee and shall not start consideration of the application.
(3) As an exception, where the requirements under Para 1 are not fulfilled, application may be considered admissible due to reasons of humanitarian nature or where it is imposed by the interest of the State.


Art. 10. (1) The issuing of visa and entering in the country shall be refused to a foreigner when:
1. (suppl. – SG 29/07) with his activities he has put or could put in danger the security or the interests of the Bulgarian State or about whom there are data that he acts against the security of the country;
2. (suppl. – SG 9/2011) with his activities he has discredited the Bulgarian state or has derogated the prestige and the dignity of the Bulgarian people or by his entrance in the cou8ntry relations of the Republic of Bulgaria with another country could be harmed;
3. (amend. – SG 11/07; amend. – SG 73/10, in force from 17.09.2010) there are data that he is a member of a criminal group or organisation or that he implements terrorist activity, smuggling and illegal transactions with arms, explosives, ammunitions, pyrotechnical products, strategic raw materials, products and technologies with double use as well as illegal traffic of anaesthetic and psychotropic substances and precursors and raw materials for their production;
4. there are data that he implements trade with people and illegal bringing persons in the country and bringing out of the country persons to other states;
5. he has been expelled from the Republic of Bulgaria sooner than 10 years ago and has not restored in 6 months term after the expel the funds spent for this by the country;
6. (amend. – SG 9/2011) he is sentenced for a committed premeditated crime on the territory of the Republic of Bulgaria which according to the Bulgarian law is sanctioned with a punishment of more than 1 year imprisonment;
7. (amend. – SG 29/07) he has made an attempt to enter the country or to pass through it using false or forged documents, visa or residence permit;
8. it could be supposed that he will disseminate grave infectious disease, suffers from a disease which according to the criteria of the Ministry of health or the World Health Organisation represents a threat for public health or when he does not have a certificate for vaccination, or comes from a region with complicated epidemic or epizootic situation;
9. he has no ensured maintenance and the necessary obligatory insurances during the stay in the country and funds ensuring opportunity for returning back;
10. at previous entering and stay he has systematically breached the border, the passport - visa, the currency or the customs regime of the Republic of Bulgaria;
11. at previous stay he has breached the labour or tax legislation of the country;
12. he has no visas or tickets for the following countries along the route;
13. to the person has been imposed compulsory administrative measure not to enter the country and this measure is in force;
14. (amend., SG 42/01; amend. – SG 9/2011) he is included in the informational massif of the unwelcome foreigners in the country;
15. (New, SG 42/01) applies for an entry visa by a document for final leaving of the territory of another country where he has stayed by this moment;
16. (new – SG 29/07) applies for a visa by invalid document for travelling abroad or by other substituting document.
17. (new – SG 9/11) does not prove the purpose and terms of the planned stay;
18. (new – SG 9/11) has already stayed for three months within the current 6-months period on the territory of the Republic of Bulgaria as a holder of a visa as per Art. 14, Para 3.
19. (*) (new – SG 9/11) is a person, about who a signal into the Schengen Information System for refusal of permission of entrance has been entered.
20. (new – SG 9/2011) in case of a previous stay in the country, the person have been committing breaches of the public order systematically;
21. (new – SG 9/11) indications exists, that the purpose of the crossing the border is to stay in the country as an immigrant without the needed for this special permission;
22. (new – SG 9/11) data exists, that the purpose of his/her entry is to use the country as an transit point for immigration to a third country;
23. (new – SG 43/11, in force from 15.06.2011) has submitted a document containing false information or declared false data;
24. (new – SG 23/13) there are reasonable doubts about the authenticity of the attachments to the visa, the veracity of their contents, the reliability of the statements by the foreigner or his/her intention to leave the country before the expiry of the visa he or she applies for.
(2) (amend. – SG 9/11) In the cases of Para 1, issuance of a visa or of a permission to enter the territory of the Republic of Bulgaria may be done due to humanitarian reasons or where the State interest or execution of international obligations enforce so.
(3) (*) (new – SG 9/11) In the cases envisaged in Para 1, foreigners, who have a valid permission to stay, a visa for long-term stay or a visa for a secondary entrance, issued in some of the Member States; or – where this is required, a permission to star or a visa for a long-term stay and a visa for a secondary entrance, shall be allowed to enter the territory of the Republic of Bulgaria for a transit with the purpose to reach the territory of that Member State, who have issued the residence permit, the visa for long-term stay or the visa for a secondary entrance; except for the cases, where the Republic of Bulgaria has entered a signal for refusal of entrance into the Schengen Information System.


Art. 11. (suppl. – SG 29/07; revoked – SG 9/11)


Art. 12. (amend. – SG 29/07) (1) Airport transit visa shall be issued to a foreigner who arrives with an aircraft from one state and stays in the international transit zone at an airport, in the Republic of Bulgaria with the purpose to continue his/her trip by the next flight along the route for another state.
(2) A foreigner travelling with an airport transit visa shall be considered as not admitted on the territory of the Republic of Bulgaria.


Art. 13. (Amend., SG 42/01; amend. – SG 29/07; revoked. – SG 9/11)


Art. 14. (Amend., SG 42/01; amend. – SG 29/07; amend. – SG 9/11) (1) A short-stay visa shall be issued to a foreigner with the purpose of transit or planned stay on the territory of the Republic of Bulgaria.
(2)The short-stay visa with the purpose of transit shall be with duration of the stay on the territory of the Republic of Bulgaria not longer for two days, if not otherwise provided in an international agreement, and shall be issued for a foreigner, who enters the Republic of Bulgaria and leaves its territory when travelling from one country to another country. The summary duration of stay with such visa cannot exceed three months within each 6-months period, counted from the date of the first entrance on the territory of the Republic of Bulgaria.
(3) The short-stay visa with the purpose of planned stay shall be with duration not longer than three months, within each six-month period, counted from the date of the first entrance on the territory of the Republic of Bulgaria
(4) The short-stay visa may be issued for once-, twice- or multiple- entrance.
(5) The time period of validity of the visa and the duration of the permitted stay shall be determined on the base of the executed check of the terms of entrance and risk assessment when considering the visa application. Time-period of validity of the visa cannot be longer than 5 years.


Art. 14a. (New, SG 42/01; revoked – SG 103/09)


Art. 15. (amend. – SG 29/07) (1) (suppl. – SG 9/11; suppl. – SG 21/12) Long-stay visa with a validity term of up to 6 months and with right to stay for up to 180 days shall be issued to a foreigner who wishes to settle for a continuous period or permanently in the Republic of Bulgaria.
(2) (suppl. – SG 16/13) Long-stay visas with a validity term of up to one year and with right of stay for up to 360 days may be issued to foreigners, who carry out scientific research or who are students in one-year educational programmes, post-graduate students or trainees, foreigners, sent on a business trip by a foreign employer in order to perform specific tasks, related to control and coordination of fulfilment of a contract for tourist services, as well as to foreigners, sent on a business trip by a foreign employer for making and maintaining investments, certified following the procedure of the Investment Promotion Act.
(3) A long-stay visa shall entitle the foreigner to repeated entry in the territory of the Republic of Bulgaria within the validity term thereof.
(4) A long-stay visa shall be invalidated at issuing a residence permit by the services for administrative control of foreigners.


Art. 16. (amend. – SG 29/07) (1) The possession of a visa cannot be the only ground to enter and stay in the Republic of Bulgaria.
(2) (amend. – SG 9/11) The bodies of border control shall not admit entry in the Republic of Bulgaria of a foreigner, who has a visa, in the cases referred to in Art. 10 , Para 1 or in the event of non-fulfilment of the requirements of Art. 19.
(3) The bodies of border control shall provide a foreigner, to whom has been refused entry, with unified form according to European Union model, in which are reflected the reasons for his/her non-admission in the territory of the state. The model of the form shall be approved by an act of the Council of Ministers.
(4) The bodies of border control and the services for administrative control of foreigners shall be able to cancel an issued visa, to reduce the number of permitted entries or the term for stay in the event of non-fulfilment of the requirements under this Act following the procedure, determined by an act of the Council of Ministers. In these cases the Ministry of Foreign Affairs shall be notified immediately.
(5) The Ministry of Foreign Affairs and the diplomatic and consular representations shall be able to cancel an issued visa, to reduce the number of permitted entries or the term for stay in the event of non-fulfilment of the requirements under this Act following the procedure, determined by an act of the Council of Ministers.


Art. 17. (amend. – SG 29/07) (1) The foreigners shall enter in the Republic of Bulgaria and exit its territory only through the border-crossing checkpoints, determined by an act of the Council of Ministers or in international agreement.
(2) A foreigner who holds more than one personal document for travelling abroad and identity document or carries such documents of another person, shall be obliged to announce them before the bodies of border control.
(3) A foreigner who has more than one citizenship shall be obliged to declare before the bodies for border control the citizenship which he will resort to during the stay in the Republic of Bulgaria and to certify this with a valid document for travel abroad from the country which citizenship he has declared.
(4) A foreigner who holds more than one valid document for travelling abroad shall be obliged to leave the country with the document with which he has entered.
(5) The bodies of border control and the services for administrative control of foreigners can take biometric data for the purpose of automated inspection or in order to ascertain identity of foreigners.
(6) The bodies of border control shall place stamps in the document for travelling abroad of foreigners or in the substituting document at each entry and exit of the Republic of Bulgaria, except for the cases where the foreigner is a member of the family of a Bulgarian citizen and presents a residence card under Art. 8a, para 2.


Art. 18. (Amend., SG 42/01, amend., SG 63/05 – in force from 01.01.06) (1)At entering in the Republic of Bulgaria, the foreigner shall declare the purpose of his/her visit and shall point out in written his/her address where he/she will stay fulfilling an address card form, approved by the Minister of Interior.
(2) The accredited foreigners as members of foreign diplomatic, consular and trade-representative offices, as well as of representative offices of intergovernmental organizations in the Republic of Bulgaria, shall be registered at the Ministry of Foreign Affairs.
(3) (amend. – SG 29/07) The foreigners who pass transit through the territory of the Republic of Bulgaria shall not fulfil address cards.


Art. 19. (amend. – SG 29/07) (1) A foreigner who enters in the Republic of Bulgaria or passes transit through its territory, depending on the purpose of the travelling, shall hold:
1. a valid document for travelling abroad or other substituting document, as well as a visa, where necessary;
2. sufficient resources for providing his/her maintenance according to the duration and the conditions of the stay in the Republic of Bulgaria, as well as for returning in the state of their permanent residence or for passing through the Republic of Bulgaria;
3. (suppl. – SG 9/11) health insurance and other insurances, in the cases where such are required;
4. invitation in a form, where such is required;
5. (suppl. – SG 23/13) other documents, proving the purpose of the travelling and the conditions of intended stay.
(2) The extent of the financial resources of para 1, item 2, the minimum insurance amounts under para 1, item 3, the form of the invitation and the documents referred to in para 1, item 5 shall be determined with an act by the Council of Ministers.


Art. 20. (Amend., SG 42/01; amend., SG 37/03) (1) (amend. – SG 29/07) A carrier transporting by land, air or sea to and/or from the Republic of Bulgaria foreigners, before performing the service, shall be obliged to establish:
1. the validity of the travel document of the foreigner and the presence of Bulgarian visa, in case such is required;
2. the presence of visas for the state/states which the persons wish to visit or through which they wish to pass, if so required, in the cases of airport transit or transit passing through the territory of the Republic of Bulgaria.
(2) In the cases when a foreigner is refused entry in the Republic of Bulgaria on the grounds of non-fulfilment of the obligation under para 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 para 2 and 3 shall apply respectively regarding a foreigner sent back to the Republic of Bulgaria, who has passed the country in transit.


Art. 20a. (new – SG 63/07) (1) (amend. – SG 69/08(suppl. – SG 23/13)) Upon request of the competent authorities of the Chief Directorate "Border Police", before conclusion of the registration for the flight, any carrier transporting passengers to and from the Republic of Bulgaria by air or on water shall be obliged to provide the following information:
1. type and number of the travel document of the passenger;
2. names, date of birth and nationality of the passenger;
3. border check point of entry in the country;
4. code of the transport;
5. date and hour of departure and arrival of the vehicle;
6. total number of transported passengers for the voyage in question;
7. initial point of departure.
(2) The processing of the personal data under Para 1 shall be carried out in compliance with the provisions of the Protection of Personal Data Act and the international treaties, to which the Republic of Bulgaria is party.
(3) The carrier under Para 1 shall be obliged to provide the requested information by electronic means, and when impossible - in another suitable way.
(4) The carrier under Para 1 shall be obliged to erase the personal data provided to him within 24 hours after the arrival of the vehicle on the territory of the Republic of Bulgaria.
(5) (amend. – SG 69/08) The competent authorities of Chief Directorate "Border Police" shall erase all data under Para 1 provided to them within 24 hours from its receipt, except when it is necessary for exercising their legal powers.


Art. 21. (1) a foreigner who with a transport means enters, stays or passes transit the country on road, in the air or on water must have:
1. permission for passing of the transport means when such is required according to the Bulgarian legislation and the international agreements to which the Republic of Bulgaria is a party;
2. documents certifying the registration of the transport means;
3. documents certifying the ownership of the transport means if this is not ascertained in the documents of item 2;
4. obligatory insurance;
5. documents for driving competence.
(2) Transport means shall not be admitted to enter in the country if the grounds of para 1, item 1, 4 and 5 are not at hand.
(3) (Suppl., SG 42/01; amend. – SG 82/06; amend. – SG 29/07) The bodies for border control shall keep the transport means and the documents if the grounds of para 1, item 2 and 3 are not fulfilled, about which a record shall be compiled, a copy of which shall be handed over to the foreigner. The record and the documents shall be sent to the customs bodies of competence.
(4) A foreigner having valid documents for entering the country but without such for the transport means of para 1 shall be admitted to enter the country.


Art. 21a. (New, SG 42/01) (1) (suppl. – SG 109/07, in force from 01.01.2008; amend. – SG 9/11) The Minister of Interior, the Minister of Foreign Affairs, the Chairman of State Agency "National Security" or officials authorised by them can periodically include foreigners in the informational massif for the unwelcome in the country foreigners in the presence of the grounds under Art. 10 , Para 1.
(2) (suppl. – SG 109/07, in force from 01.01.2008) The conditions and the order of maintaining and updating the informational massif under para 1 shall be determined by the Minister of Interior, by the Chairman of State Agency "National Security" and by the Minister of Foreign Affairs.

Chapter three.
STAY OF FOREIGNERS IN THE REPUBLIC OF BULGARIA
Art. 22. (1) The stay of foreigners in the Republic of Bulgaria shall be admissible on the grounds of:
1. (amend. – SG 29/07) a visa issued pursuant to art. 9a, para 2;
2. international agreements on visa free regime or alleviated visa regime;
3. a permit by the services for administrative control of foreigners.
(2) (amend. – SG 29/07; revoked – SG 23/13) (3) (revoked – SG 23/13)
(4) (new – SG 109/07, in force from 01.01.2008) The permission under Para 1, Item 3 shall be issued upon written opinion of State Agency "National Security".


Art. 23. (amend. – SG 9/11) (1) Foreigners shall reside in the Republic of Bulgaria:
1. (amend. and suppl. – SG 23/13) on a short-term basis - up to three months within a 6-month period from the date of entering the country, the duration of the short-term stay on the ground of visa issued may be extended once by the services for administrative control of foreigners due to humanitarian reasons, reasons related to exceptional circumstances or due to serious personal reasons;
2. continuously - with permitted term up to one year;
3. on a long-term basis - with permitted initial time period of 5 years and option for renewal of it after a submitted application;
4. permanently - with permitted unlimited term.
(2) (suppl. – SG 23/13) The terms referred to in Para 1, items 1, 2 and 4 shall not apply to the foreigners who have been granted protection under the Asylum and Refugees Act.
(3) (new – SG 23/13) Foreigners who are employees in a diplomatic or consular mission or in international organizations accredited in the Republic of Bulgaria, having diplomatic or consular immunity, shall reside in the territory of the Republic of Bulgaria with a residence permit, issued by the Ministry of Foreign Affairs pursuant to Art. 59, para. 5 of the Bulgarian Personal Documents Act. Residence permits for children from 14 to 21 years of age shall be granted following the same procedure, and as regards to children up to 14 years of age residence permits shall be issued with a visa sticker.
(4) (new – SG 23/13) Where extension of the validity term of the documents and visa sticker under para 3 is needed, the Ministry of Foreign Affairs shall issue a new document valid till the end of the employee`s mandate abroad or shall issue a new visa sticker with a validity term that does not exceed authorized stay of the parent.


Art. 24. (1) (amend. – SG 29/07) A long-term residence permit may be granted to foreigners who have a visa under Art. 15, para 1 and:
1. (Amend., SG 42/01; amend., SG 112/01) are willing to work under legal terms of employment upon permit by the bodies of the Ministry of Labour and Social Policy;
2. (Amend., SG 42/01; suppl., SG 37/03; suppl. – SG 9/11) 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, maintained for the term of stay, unless agreed otherwise by an international agreement, ratified, promulgated and enacted in the Republic of Bulgaria;
3. (revoked – SG 9/11)
4. are foreign specialists staying in the country by force of international agreements to which the Republic of Bulgaria is a party;
5. (amend. – SG 29/07; amend. – SG 23/13) have reason to be allowed permanent residence;
6. (Amend., SG 42/01) are representatives of foreign commercial companies registered at the Bulgarian commercial - industrial chamber;
7. (suppl., SG 37/03) are financially ensured parents of foreigners with permanent stay in the country or of a Bulgarian citizen;
8. (amend., SG 70/04) have been admitted to a medical establishment for continuous treatment and have sufficient funds to pay for it and to provide for themselves;
9. are correspondents of foreign mass media and have accreditation in the Republic of Bulgaria;
10. (amend. – SG 23/13) are entitled to pension pursuant to the legislation of the Republic of Bulgaria, of their home country or another country and have sufficient means of support for their stay in the country;
11. (amend., SG 37/04; amend. – SG 9/11)
12. (revoked - SG 42/01)
13. (amend., SG 42/01; suppl. – SG 23/13) are members of the family of a foreigner who has received a continuous or permanent residence permit;
14. (New, SG 42/01; amend., SG 37/03, amend., SG 63/05 – in force from 01.01.06; amend. – SG 29/07; amend. – SG 23/13) are parents of a foreigner or live in cohabitation with a foreigner who has obtained a continuous residence permit on the grounds of Art. 23, para 3;
15. (New, SG 42/01; amend., SG 112/01) 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. (New, SG 112/01; suppl. – SG 109/07, in force from 01.01.2008) 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 and with the Chairman of State Agency "National Security";
17. (new – SG 29/07) have acquired statute of special protection as per Art. 25 of the Anti- Human Trafficking Act;
18. (new – SG 29/07; amend. – SG 9/11) are members of the family of a Bulgarian citizen under Art. 2, Para 6;
19. (new – SG 16/13) have deposited no less than BGN 600 000 per each foreigner for acquiring ownership of real estate within the territory of the Republic of Bulgaria or the foreigner owns more than 50 % of the share capital of a Bulgarian trade company, has deposited the same amount in the capital of the company and as a result the company has acquired ownership of real estate in the country of this value; by the date of submission of the application for long-term residence the foreigner or the legal entity must have paid the full amount in the account of a Bulgarian licensed credit institution, and where the real properties are acquired with borrowed funds, the outstanding loans should not exceed 25 percent;
20. (new – SG 16/13) have made an investment in economically disadvantaged regions within the meaning of the Investment Promotion Act by depositing in the capital of a Bulgarian company not less than 250,000, provided that the foreigner is a partner or shareholder with registered shares and has no less than 50 per cent of the share capital as a result of the investment acquired new tangible and intangible assets amounting to not less than BGN 250,000 and at least 5 new positions are opened for Bulgarian citizens for the residence period and this is verified by the Ministry of Economy, Energy and Tourism.
(2) (amend. – SG 9/11; suppl. – SG 23/13) For obtaining continuous residence permit, persons who have secured accommodation, obligatory health insurance and social insurance, sufficient funds for maintenance, without need to involve the social support system, in an amount not less than the minimal month salary, minimal scholarship or the minimal pension pursuant to the legislation of the Republic of Bulgaria for the time-term of stay. At the initial submission of application for permission to stay, persons who have achieved the age of 18 years, except for the persons who have no citizenship, shall also present court reference, issued by the country, whose citizens they are, or by the country of their usual residence.
(3) (amend. – SG 9/11) Application for issuance of a continuous residence permit shall be considered within 14 days from the date of its submission. In event of legal and factual complexity and necessity of presentation of additional documents, this time term may be prolonged for one month. Proceedings to issue the permission shall be defined by the Regulation of Implementation of this Act.
(4) (new – SG 21/12) No visas under Art. 15, para 1 shall be required as regards to foreigners applying on the grounds of para 1, item 1.
(5) (new – SG 23/13) Upon termination of marriage members of the family of a foreigner residing continuously, for a long-term or permanently, may be issued a single continuous residence permit. In cases of divorce an individual continuous residence permit may be issued if marriage has lasted no less than two years on the territory of the country.
(6) (new – SG 23/13) An individual continuous residence permit under the terms of para 5 may also be issued to members of the family of a Bulgarian national under Art. 2, para 6, item 1, 2 and 3.
(7) (new – SG 23/13) A single individual continuous residence permit may be granted under exceptional circumstances to members of the family of a foreigner residing continuously, for a long term or permanently in the country and to members of the family of a Bulgarian national under Art. 2, para 6, item 1, 2 and 3.


Art. 24a. (New, SG 42/01; amend., SG 112/01) (1) (suppl., SG 37/03) 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) (amend. and suppl. – SG 109/07, in force from 01.01.2008) 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, the Minister of Finance and the Chairman of State Agency "National Security".
(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, para 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. 24b. (new – SG 63/07) (1) Continuous residence permit may be granted also to foreigners holding a visa under Art. 15, Para 1 and who are science workers, having a hosting agreement for development of a science research project with a science research organization with a seat in the Republic of Bulgaria, entered in the national list of science research organisations in the sense of Council Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the purposes of scientific research.
(2) The continuous residence permit of the persons under Para 1 shall be granted for a period of one year and shall be subject to renewal when there are grounds for its extension. In case that the term of development of the scientific research project is less than a year, the residence permit shall be granted for the term of the project.
(3) In order to be granted a continuous residence permit for the Republic of Bulgaria under the conditions of Para 1, the foreigner shall present before the services for administrative control of the foreigners a valid document for transborder travel and shall submit:
1. an application according to a form;
2. a document for paid state fee under Tariff No 4 on the Fees Collected in the System of the Ministry of Interior under the State Fees Act ;
3. a photocopy of the page of the transborder travel document containing the photo, the personal data, the entry visa and the stamp of his last entry in the country;
4. written evidence for housing available for the time of stay in the country;
5. certified copy of the hosting agreement signed with a research organisation registered in the Republic of Bulgaria in compliance with the legal order.
(4) (new – SG 21/12) Continuous residence permit shall be granted to researchers in those cases where the terms under Art. 24, para 2 are present.
(5) (prev. text of para 4 – SG 21/12) The application shall be considered and decided within 7 working days and the foreigner shall be notified in writing of the decision.
(6) (new – SG 13/08, in force from 08.02.2008; amend. – SG 74/09, in force from 15.09.2009; prev. text of para 5 – SG 21/12; amend. – SG 68/13, in force from 02.08.2013) The terms and conditions and the procedure of inclusion of research and development organizations having their seat in the Republic of Bulgaria into the list referred to in par. 1 shall be determined by an ordinance of the Minister of Education and Science.
(7) (new – SG 21/12) Permissions for continuous stay may also be granted to family members of researchers on the grounds of Art. 24, para 1, item 13, their validity term being specified according to the residence permit issued to the researcher.
(8) (new – SG 21/12) A foreigner who has been admitted as a researcher in another Member State may carry out part of their scientific research in the Republic of Bulgaria for a period of up to three months on the grounds of the hosting agreement, concluded in the first mentioned Member State, which must be presented before the foreigners administrative control services together with a valid residence permit issued by the Member State which has been mentioned first. The foreigner must have sufficient means to support themselves, without using the welfare system, amounting to not less than the minimum monthly salary or minimum pension in compliance with the legislation in the Republic of Bulgaria for the period of residence.
(9) (new – SG 21/12) A foreigner who has been admitted as a researcher in another Member State may carry out part of their scientific research in the Republic of Bulgaria for a period exceeding three months. In this case a foreigner shall be granted a continuous residence permit under the terms of para 3 and para 4.


Art. 24c. (new – SG 9/11) (1) Continuous residence permit may also obtain those foreigners, who hold visa as per Art. 15, Para 1 and enrolled for regular education in a higher school, pupils, enrolled for education within the medium degree of education on the territory of the Republic of Bulgaria, within the frames of a programmes of exchange or as trainees without remuneration.
(2) For a foreigner, who is already enrolled in his/her capacity of a student in a Member State of the European Union and who applies to conduct part of the educational course which he/she is engaged to, or applies to supplement it with a linked to it educational cause in the Republic of Bulgaria, continuous residence permit shall be issued for a time period, coordinated with the duration of the educational classes.
(3) Procedure of issuance of the permits envisaged in Para 1 and 2 shall be defined by the Regulations of Implementation of this Act.


Art. 24d. (new – SG 9/11) (1) Statute of long-term stay shall be granted to a foreigner, who has stayed legally and without interruption on the territory of the Republic of Bulgaria within 5 years before submission of application for permission of a long-term stay. After have been obtained, the long-term stay shall be permanent, unless grounds for its revocation as per Art. 40 appear.
(2) (amend. – SG 23/13) Residing periods of the persons envisaged in Art. 23, Para 3 and of the persons, who reside exclusively on a ground of temporary nature, such as persons working on programmes au pair, season workers, cross-border services providers; workers and servants sent to a business trip by a provider of services for the purposes of cross border services provision; or where their permission to stay is formally limited, shall not be count in calculation of time period envisaged in Para 1.
(3) In the calculation of period envisaged in Para 1 shall be counted only one half of the time of stay of the foreigners as students, pupils and trainees as per Art. 24c.
(4) (new – SG 23/13, in force from 01.05.2013) Long-term residence status may be granted to a foreigner who enjoys international protection.
(5) (new – SG 23/13, in force from 01.05.2013) As regards to foreigners with international protection, when calculating the residence period under para 1, half of the term for residence shall also be included, considered from the date of submission of an international protection request till the date of issue of a Bulgarian identity document according to the Bulgarian Personal Documents Act, or the overall duration of residence within the dates mentioned, where it is over 18 months.
(6) (new – SG 23/13, in force from 01.05.2013) Holding a permit to reside in another Member State on the ground of provided protection other then international protection or in case of pending proceedings for issue of such a permit shall not serve as a ground for granting a long-term residence status.
(7) (new – SG 23/13, in force from 01.05.2013) Pending proceedings for providing international protection shall not serve as a ground for granting a long-term residence status.
(8) (prev. text of para 4 – SG 23/13, in force from 01.05.2013) Periods of absence from the territory of the Republic of Bulgaria shall not interrupt the time period envisaged in Para 1 and shall be counted in its calculations, if they are less than 6 consequent months and do not exceed totally 10 months for the 5-years period.
(9) (prev. text of para 5 – SG 23/13, in force from 01.05.2013) For granting of a long-term stay statute, the foreigner shall present evidence that he/she dispose for himself and members of his family sufficient funds for maintenance, without need to involve the system of social support, in amount not less than the minimal salary or minimal pension, as well as that he holds obligatory health insurance or insurance for the period of stay in accordance with the legislation of the Republic of Bulgaria.
(10) (prev. text of para 6 – SG 23/13, in force from 01.05.2013) The competent body of the Ministry of Interior shall take decision on the application for granting of a long-term stay statute within three months of its deposit. In event of legal and factual complexity and necessity to present additional documents this time period may be prolonged with two months.
(11) (prev. text of para 7 – SG 23/13, in force from 01.05.2013) When statute of long-term stay is granted, information on the rights and obligations arising from this statute shall be provided to the foreigner.
(12) (prev. text of para 8 – SG 23/13, in force from 01.05.2013) Procedure of consideration of the application shall defined by the Regulations of Implementation of this Act.


Art. 24e. (1) To a foreigner, who is granted long-stay term statute, residence permit to a long-term staying person in the European Union shall be issued. This permit shall be with term of validity of 5 years, and at its elapse shall be renewed after application is submitted. Elapse of the time period of the residence permit to stay to long-term residents in the European Union does not present a ground to revoke or lapse of this statute.
(2) Residence permit to a long-term staying in the European Union foreigner shall be issued on the base of a submitted in person application. Permit shall be issued in accordance with the requirements of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals. In the field ‘Type of permit" "long-term residence in the EU" shall be marked.
(3) (new – SG 23/13, in force from 01.05.2013) Upon issue of a residence permit to a foreigner residing on a long-term basis in the European Union, who enjoys international protection, in the “Remark” field shall be stated the international protection provided by the Republic of Bulgaria and the date on which it has been provided.


Art. 24f. (1) Family members of the long-term residing foreigner may be granted a durable residence permit with a period of validity of one year and with an option for renewal, without exceeding the permitted residence period for the title-holder.
(2) For the issuance of residence permit for the family members requirements of Art. 24, Para 2 shall be fulfilled.
(3) (With regard to Sentence Two – in force from 01.06.2011) After a five year stay on the territory of the Republic of Bulgaria and under the condition that the spouse and the children who have reached the maturity age of a residing in the country foreigner were not granted residence permit due to reasons different than reunion of the family, are entitled to be granted an independent long-term residence permit from that one of the title-holder, if grounds envisaged in Art. 24d exist. In the calculation of the period of residing of the members of a family of a holder of blue card of the European Union, residing period in different Member States may be cumulated as per Art. 33m, Para 1.
(4) In event of termination of the matrimony, children of the long-term residing and of the other parent shall have the right to be granted with an independent durable residence permit, if they meet the requirements under Art. 24, Para 2 and when the children enrolled a school within the system of the national education or a higher school till the elapse of the educational year or the educational course.
(5) Procedure of issuance of the permit envisaged in Para 1-4 shall be defined by the Regulations of Implementation of this Act.


Art. 24g. (1) In the cases of Art. 40, Para 1, items 6, 9, and 11 right of durable residence in the Republic of Bulgaria may be restored under a simplified procedure, laid down by the Regulations of Implementation of this Act.
(2) Procedure, envisaged in Para 1 shall be applicable for the persons under Art. 40, Para 1, item 9, who have resided in the second Member State with educational purpose.


Art. 24h. (new – SG 21/12) (1) Continuous residence permit may also be granted to illegally residing foreigners who participate in a pending administrative or criminal proceedings initiated under Art. 227, para 3 and 5 of the Penal Code – till the said proceedings are completed.
(2) The time limit of the residence permitted under para 1 shall not be accounted in calculation of the time limit for receipt of permanent or continuous residence permit.


Art. 24i. (new – SG 70/13, in force from 24.12.2013) (1) A continuous residence and work permit of the type "single residence and work permit" may be granted to foreign citizens who meet the requirements for work permit set out in the Employment Promotion Act and who have a visa under Art. 15, para 1 or a residence permit issued on other grounds in compliance with Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country national's.
(2) Residence and work permits of the type "single residence and work permit" shall be granted for a period of one year on the grounds of a decision issued by the authorities of the Ministry of Labour and Social Policy and shall be renewed where grounds for it to be reissued are present. If the validity term of the relevant employment contract is shorter than one year, the permit shall be granted coterminus with the validity term of the contract.
(3) Permits referred to in para 1 shall be issued pursuant to a single application procedure in compliance with the Regulation on the Implementation of this Act.
(4) Holders of a single permit shall be granted a residence permit in compliance with the requirements set out in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, whereby "single residence and work permit" shall be entered in the "type of permit" section.


Art. 25. (1) (prev. text of Art. 25 - SG 36/09) Permanent residence permit may be granted to foreigners if:
1. (amend. – SG 9/11) they are of Bulgarian origin;
2. (amend. – SG 29/07; suppl. – SG 9/11) five years elapsed from concluding civil matrimony with a permanently residing in the country foreigner and have resided legally and uninterruptedly for a period of 5 years on the territory of the country.
3. (amend. – SG 29/07) small or below age children of a foreigner with permanent stay in the country and who have not been married;
4. (Amend., SG 42/01; amend. – SG 23/13) parents of Bulgarian citizens when they provide the due legally established support and have resided legally and continuously for a period of three years within the territory of the country;
5. (amend. – SG 29/07; revoked – SG 9/11; new – SG 23/13; amend. – SG 70/13) who have resided legally and continuously in the territory of the Republic of Bulgaria for the last 5 years prior to submission of the application for permanent residence and who have not been abroad for more than 30 months during this period, provided that in the cases referred to in Art. 24c only half of the periods of residence shall be taken into account;
6. (amend., SG 11/05; amend. - SG 36/09) who have invested in the country over BGN 1 000 000 or increased their investment by such an amount through the acquisition of:
a) shares of Bulgarian companies, traded on a Bulgarian regulated market;
b) debentures and treasury bonds and their derivatives, issued by the state or by the municipalities with a maturity date after at least 6 months;
c) ownership in a separate part of the property of a Bulgarian company with at least 50 percent state or municipal share in the capital under the Privatisation and Post-privatisation Control Act;
d) holdings or shares, owned by the state or the municipalities in a Bulgarian company under the Privatisation and Post-privatisation Control Act;
e) Bulgarian intellectual property - copyright or related rights subject-matter, patent protected inventions, utility models, trademarks, service marks or industrial design;
f) rights under concession contracts on the territory of the Republic of Bulgaria;
7. (new - SG 36/09; revoked – SG 16/13)
8. (new - SG 36/09) who have invested the amount of at least BGN 6 000 000 in the capital of a Bulgarian company, which shares are not traded on a regulated market;
9. (New, SG 42/01; prev. text of Item 07 - SG 36/09) 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.
10. (new, SG 37/03; prev. text of Item 08 - SG 36/09) 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;
11. (new – SG 29/07; prev. text of Item 09 - SG 36/09) members of the family of the Bulgarian citizen, if they have stayed continuously in the territory of the Republic of Bulgaria during the previous five years.
12. (new – SG 9/11) who, up to 27 December 1998 entered, reside and have not left the territory of the Republic of Bulgaria or are born on the territory of the Republic of Bulgaria and are not recognized as citizens of the former soviet republics; for this category of persons the requirement of Art. 15, Para shall not be applied;
13. (new – SG 9/11; suppl. – SG 16/13) who perform and activities certified under the Investment Promotion Act and this is verified by c pursuant to Art. 25c;
14. (new – SG 43/11, in force 15.06.2011) minors and juveniles, born and abandoned by a parent/ parents –foreign citizen(s), on the territory of the Republic of Bulgaria, who have been accommodated at an institution or at other kind of alternative social services of residential type as a protective measure;
15. (new – SG 43/11, in force from 15.06.2011) minors and juveniles abandoned by one/both parent(s) - foreign national(s) in the territory of the Republic of Bulgaria, accommodated at an institution or at other kind of alternative social services of residential type as a protective measure.
16. (new – SG 16/13) have made an investment in the state by depositing in the share capital of a Bulgarian trade company no less than BGN 500 000, where the foreigner is a partner or shareholder with registered shares and owns more than 50 % of the share capital of the company and as a result of the investment have been acquired new tangible and intangible assets amounting to not less than BGN 500 000 and at least 10 new positions are opened for Bulgarian citizens for the residence period and this is verified by the Ministry of Economy, Energy and Tourism.
(2) (new - SG 36/09; amend. – SG 9/11; amend. – SG 43/11, in force from 15.06.2011) The order of establishing the circumstances under Para 1 shall be determined in the regulations on the implementation of the Law.
(3) (new – SG 9/11) The competent body of the Ministry of Interior shall take decision on the application for granting permanent residence permit within a 3 months period from its deposit. In event of legal and factual complexity, this term may be prolonged with two months. The procedure for issuance of the permit shall be defined by the Regulations of Implementation of this Act.
(4) (new – SG 16/13) In the cases under para 1, items 13 and 16, upon issuance of a certificate by the Ministry of Economy, Energy and Tourism for assessment purposes annual financial statements and reports of the company, certified by an auditor registered under the Independent Financial Audit Act, reports by the National Revenue Agency, municipalities and/or other relevant documents presented by the investor or foreigner, collected ex officio.


Art. 25a. (New, SG 42/01) Permit for stay in the Republic of Bulgaria, without the presence of the requirements of this Act can be obtained by foreigners who have contributions to the Republic of Bulgaria in the public and economic sphere, in the sphere of the national security, science, technology, culture or sport.


Art. 25b. (new – SG 52/07; amend. – SG 9/11) Permit for residence in the Republic of Bulgaria, where the requirements of this Act are not present, may also be granted to the family members of foreigner, to whom, according to the Asylum and Refugees Act have been:
1. granted asylum or refugee status;
2. granted humanitarian status;
3. granted temporary protection.
(2) For the members of the family, envisaged in Para 1, shall be issued a durable residence permit after the permission to reunion the family, issued under the terms and conditions of the Asylum and Refugees Act. Permits shall be with a validity period of one year with option for its renewal, without exceeding the time period of residence of the title holder.


Art. 25c. (new – SG 16/13) (1) A permanent residence permit on the grounds of Art. 25, para 1, item 13 may be granted to a foreigner who carries out activity related to performance and / or maintenance of an investment with a certificate for Class A, class B or for priority investment project pursuant to Art. 20, para 1, item 1 of the Investment Promotion Act.
(2) At a Bulgarian trade company where a foreigner under para 1 has made an investment with a certificate under Art. 20, para 1, item 1 of the Investment Promotion Act, the said foreigner must be:
1. a partner or shareholder with registered shares holding at least 50 or more percent of the company’s registered capital;
2. a representative of the company or a procurator, entered in the commercial register, or
3. a person working under employment contract for implementation of key and / or control functions in research, production, marketing, or other main activity of the enterprise required in relation to the investment purposes.
(3) In three-years time since the work under the investment project has begun the competent body of the trade company under para 2 shall verify that the minimum threshold for issuing investment certificate class B under the Investment Promotion Act has been reached in terms of investments made and put into operation and / or employment created as average number of employees.
(4) The total number of the persons under para 2 who may be granted a permanent residence permit on the ground of Art. 25, para 1, item 13 in relation to implementation and maintenance of an investment project shall be:
1. up to three persons – till the requirement under para 3 is met;
2. up to 8 persons – after the requirement under para 3 is met, during the maintenance period of the investment and jobs.
(5) The requirements under Art. 13 of the Investment Promotion Act shall apply with respect to Bulgarian trade companies and persons referred to in para 2.
(6) The Ministry of Economy, Energy and Tourism shall issue a certificate that the requirements under paras 2 to 5 are met that will serve the offices for administrative control of foreigners. Certificates shall be issued, provided that the respective Bulgarian trade company under para 2 provides reasons that the foreigner has to reside in the country in relation to the implementation and maintenance of the investment and the company undertakes to immediately notify the Ministry of Economy, Energy and Tourism of possible termination of the relations with the said natural person.


Art. 26. (1) (prev. art. 26 - SG 42/01; amend. – SG 9/11; amend. – SG 43/11, in force from 15.06.2011) Refused shall be issuance of residence permit or extension of the term of residence in the cases of Art. 10, Para 1, items 1-4, 6011, 14, 16, 19-23.
(2) (New, SG 42/01; amend. - SG 36/09; amend. – SG 9/11; suppl. – SG 70/13, in force from 24.12.2013) Refused shall be issuance of residence permit or extension of the term of residence to a foreigner, about whom is found that he/she does not meet requirements of Art. 24; 24a- 24d; 24f; 24h, 24i, 25; 25b; 33a; 33d and 33k-33m.
(3) (New, SG 42/01; suppl., SG 37/03; amend. – SG 9/11) Refused shall be the issuance of residence permit to a foreigner, who has concluded matrimony with a Bulgarian citizen or a foreigner who has been adopted by a Bulgarian citizen or with a foreigner, who has obtained a residence permit, if data presents, that the matrimony was concluded or adoption was done with the only purpose to circumvent the legislation regulating the foreigners regime in the Republic of Bulgaria and obtaining a residence permit.
(4) (New, SG 42/01; amend. and suppl. – SG 9/11) Assessment to refuse the permit under Para 3 shall be taken by the offices for administrative control of the foreigners on the basis of evidence justifying an objective conclusion that the matrimony has been concluded or the adoption was done 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. (suppl. – SG 9/11) the circumstance that the spouses or the adopted person and the adoptive parent 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. (suppl. – SG 9/11) the presentation of contradicting information for the personal data of the other spouse or the adopted person (name, address, nationality, profession), for the circumstances of their acquaintance or other important personal information;
5. (suppl. – SG 9/11) the circumstance that the spouses or the adopted person and the adoptive parent 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. (suppl. – SG 9/11) the presence of previous marriages or adoptions contracted for the purpose of evading the norms stipulating the regime for the foreigners;
8. (suppl. – SG 9/11) the circumstance that the matrimony was concluded , respectively – adoption was done, after the foreigner has obtained residence permit.
(5) (New, SG 42/01; amend., SG 37/03) The data under para 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.
(6) (*) (new – SG 9/11) In the cases envisaged in Art. 10, Para 1, item 19, residence permit may be issued due to humanitarian reasons or reasons related to the execution of international obligations, after consultation with the Member State who forwarded the signal of refusal for entry.
(7) (new – SG 9/11) Appearance of illness after the initial issuance of residence permit under Chapter Three "A" to a foreigner and to the members of his/her family, as well as after the issuance of residence permit to the foreigner’s family members on the ground to reunion the family cannot construct a ground to refuse extension of the residence term.
(8) (new – SG 9/11) Refusal to grant long-term residence permit cannot be grounded on the circumstances envisaged in Art. 10, Para 1, item 8. In the assessment for refusal to grant long-term residence duration of the residence of the foreigner in the Republic of Bulgaria, the age, health status, family status, social integrity, existing relations in the country or the absence of relations with the country of origin shall be taken in view.
(9) (new – SG 9/11) Refusal to grant residence permit and extension of the term shall be reasoned and announced to the interested persons and shall be subject to appeal observing the procedure laid down in the Administrative Procedure Code.


Art. 26a. (revoked – SG 63/05)


Art. 27. (amend. – SG 29/07; revoked – SG 23/13)


Art. 27a. (New, SG 42/01; suppl. - SG 28/08) The state bodies who, by virtue of a normative act carry out registration of foreigners or of activities carried out by foreigners, shall be obliged to check up the type and the grounds of the visas issued to the foreigners. For established discrepancies between the requested registration and the type and the grounds of the issued visa the registration shall not be made and the offices for administrative control of the foreigners and State Agency "National Security" shall be informed immediately.


Art. 27b. (New, SG 42/01) (1) The officials who, as a result of the activity carried out by them, establish a change of the legal status or of the activities of the foreigners, shall be obliged to inform immediately the offices for administrative control of the foreigners.
(2) (suppl. – SG 9/11) In case of withdrawal or termination of the right of permanent or long-term residence of a foreigner the offices for administrative control of the foreigners shall immediately inform the bodies of civil registration.


Art. 28. (Amend., SG 42/01) (1) (revoked – SG 63/05, in force from 01.01.06)
(2) (revoked – SG 63/05, in force from 01.01.06)
(3) (suppl., SG 37/03, SG 11/05; amend. - SG 36/09) An individual or a corporate body who has provided shelter for a foreigner shall, within 5 days from providing the shelter, inform about this circumstance in writing the office for administrative control of the foreigners or the regional department of the Ministry of Interior 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) (amend. - SG 36/09) 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 department of the Ministry of Interior at the location of the hotel.
(5) (revoked – SG 63/05, in force from 01.01.06)
(6) (prev. para 5 - SG 37/03) 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) (prev. para 6 - amend., SG 37/03, amend.,– SG 63/05, in force from 01.01.06) The stay in the Republic of Bulgaria of the persons under Art. 18, Para 2 and art. 24, para 1, item 14 shall not be included in the period necessary for obtaining permit for stay or for acquiring Bulgarian citizenship by naturalisation.


Art. 28a. (New, SG 42/01) (1) (amend. SG 54/02) Permitted to a foreigner under 18 years of age, who has entered the country on legal grounds without an escort - a parent or another person of age, responsible for him by virtue of a law or tradition, or with an escort by whom he has been left and he has not requested protection under the Asylum and Refugees Act, can be extension of the stay on the territory of the Republic of Bulgaria.
(2) The State Agency for protection of the child shall temporarily provide for the foreigners under para 1 the necessary material support and care for meeting their basic vital needs, medical care and due guardianship and representation, as well as access to free education in Bulgarian state and municipal schools until the final settlement of the issue of their stay in the country, but not after the completion of 18 years of age.
(3) In the cases when the foreigners under para 1 are not permitted extension of the stay on the territory of the Republic of Bulgaria they shall return to their country of origin, to a third country ready to receive them, by virtue of an agreement for delivery and acceptance with the Republic of Bulgaria, on condition that their life and freedom are not threatened there and they are not exposed to danger of prosecution, torture or inhuman or humiliating attitude.


Art. 29. (1) (prev. text of Art. 29 - SG 36/09; amend. – SG 9/11)) The foreigners who reside for long term, durably or permanently in the Republic of Bulgaria shall certify their identity by an order determined with a law.
(2) (new - SG 36/09; amend. – SG 9/11)) The foreigners, staying for a long-term, durably, permanently in the Republic of Bulgaria, including those that have lost their citizenship, shall certify their right to stay in the Republic of Bulgaria with a residence permit according to the requirements of Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.
(3) (new – SG 9/11) For the issuance of e durable, long –term or permanent residence permit, the national document for cross-border travelling shall be valid for not less than 6 months, counted from the date of submission of the application for the issuance of residence permit.
(4) (new - SG 36/09; previous Para 3 – SG 9/11) The order of issuing the residence permit referred to in Para 2 shall be determined in an act of the Council of Ministers.


Art. 30. A foreigner whose document for travel abroad or substituting document is lost or demolished shall be obliged immediately to notify about this the services for administrative control of foreigners.


Art. 31. (1) The documents of a foreigner for travel abroad shall be possible to be temporarily taken away:
1. by the corresponding bodies of the judicial authority when there is punitive procedure for committed crime of general character;
2. by the corresponding officials at accommodation at the places for implementation of the penalty imprisonment;
3. by the bodies of the Ministry of Interior when there is well-founded doubt that they are false of forged;
4. by the bodies of the Ministry of Interior when there is an issued order for expel, forcefully taking to the border or extradition from the country;
5. (revoked – SG 29/07)
6. by the bodies of the Ministry of Interior in the cases of foreigners returned from another country.
(2) In the cases of para 1, items 1, 2 and 3 the officers taken the documents of the foreigner shall compile a record on the basis of which the services for administrative control of foreigner issue temporary document certifying the identity of the person.
(3) The document for travel abroad shall be given back to the foreigner when the grounds for temporary taking away fall away.
(4) The document for travel abroad shall not be possible to be taken away from foreigners using diplomatic immunity in the Republic of Bulgaria except other is provided in the international agreements to which the Republic of Bulgaria is a party.


Art. 32. The document for travel abroad shall not be possible to be given or accepted as pawn as well as to be conceded or used by another person.


Art. 33. (1) (suppl. – SG 9/11) The foreigners to which is permitted permanent stay in the Republic of Bulgaria and the members the family of the foreigner who was granted with a long-term residence permit, shall be able to start work by the order established for the Bulgarian citizens.
(2) (amend. – SG 43/11, in force from 15.06.2011) The foreigners staying for a short term or for a long term on the territory of the republic of Bulgaria shall be able to implement activity upon an employment contract or in capacity of sent on a business trip persons, only after receiving a permission or a registration by the Ministry of Labour and Social Policy.
(3) (amend. – SG 43/11, in force from 15.06.2011; suppl. – SG 70/13, in force from 24.12.2013) The foreigners who have received permission to work, or a registration as per Para 2 or a single residence and work permit referred to in Art. 24i, shall be able to work only for the employer or for the local person and for the term determined in the permission or the registration for work only.

Chapter three.
"A" RESIDNENCE OF A FOREIGNER, WHO HAS OBTAINED A LONG-TERM RESIDENCE PERMIT IN ANOTHER MEMBER STATE OF THE EUROPEAN UNION (new – SG 29/07; title amended – SG 9/11)
Art. 33a. (new – SG 29/07) (1) (amend. – SG 9/11) A foreigner, who has obtained a long-term residence permit in another Member State of the European Union, may acquire a durable residence permit in the Republic of Bulgaria:
1. if he/she is a worker, employee or a self-employed person in the Republic of Bulgaria;
2. with the purpose of education, including vocational training at an educational institution;
3. (new – SG 9/11) with another purpose.
(2) (amend. – SG 9/11) The foreigner under para shall be granted a durable residence permit, if he/she meets the requirements as per Art. 24, para 2 and presents:
1. work permit in the Republic of Bulgaria – in case he/she is a worker or employee;
2. documents, showing that he/she has a permit for carrying out free-lance activity and possesses the financial resources required for carrying out economic activity – in case he/she is a self-employed person;
3. certificate from educational institution that he/she is enrolled for education regarding the respective school year – if the residence is with the purpose of education.
4. (new – SG 9/11) documents with regard to the circumstances envisaged in Art. 24, Para 2.


Art. 33b. (new – SG 29/07) (1) (amend. – SG 9/11) The foreigner under Art. 33a, para 1 shall submit at the offices for administrative control of foreigners an application for issuing durable residence permit on the territory of the Republic of Bulgaria within three-months time period from his/her entry on the said territory.
(2) (amend. – SG 21/12) The application shall be forwarded ex officio to Customs Directorate – MI, which shall consider it within 4 months from the date of submission thereof.
(3) In case the documents referred to in Art. 33a, para 2 are not enclosed to the application or the case is one of factual complexity, the term may be extended by a maximum of three months. In these cases the bodies for administrative control of foreigners shall immediately inform the foreigner thereof.
(4) The procedure of considering the application shall be determined in the Regulations on Implementation of the Law.


Art. 33c. (new – SG 29/07) (1) amend. – SG 9/11) The durable residence permits shall be issued for a period of one years.
(2) The permit shall be renewed upon a request of the foreigner by offices for administrative control of foreigners after expiration of its term.


Art. 33d. (new – SG 29/07) (1) (amend. – SG 9/11) In case the foreigner envisaged in Art.33a, para 1 holds a durable residence permit in the Republic of Bulgaria and has a family, set up in the Member State of the European Union, which has issued the long-term residence permit, his/her family members shall be entitled to accompany or to join him/her.
(2) (suppl. – SG 9/11) In order to receive residence permit, the family members shall present at the territorial office for administrative control of foreigners:
1. valid document for travelling abroad;
2. the documents referred to in Art. 24, para 2, except for the documents referring to the ensured accommodation;
3. their long-term residence permit or residence permit in the other Member State of the European Union;
4. proof that they have resided in their capacity as members of the family of long-term resident foreigner in the other Member State of the European Union.
(3) The term of residence of the family members shall be determined by the residence term of the foreigner under Art. 33a, para 1.
(4) In the event that the family has not been set up under the terms of para 1, with respect to the members of the family of the foreigner the general rules for entry and stay of foreigners in the Republic of Bulgaria shall be applied.


Art. 33e. (new – SG 29/07; amend. – SG 9/11; amend. – SG 21/12) The Customs Directorate – MI shall inform the other Member State of the European Union of the right of durable residence granted to the foreigner under Art. 33a, para 1.


Art. 33f. (new – SG 29/07; revoked – SG 9/11)


Art. 33g. (new – SG 29/07) (1) In case the grounds of refusal or withdrawal of residence permit are present, the bodies of the Ministry of Interior shall immediately and without any formality return the foreigner under Art. 33a, Para 1 or his/her family members in the Member State of the European Union, in which they have long-term residence permit
(2) In the cases referred to in para 1 , the bodies of the Ministry of Interior shall notify the competent bodies of the other the Member State of the European Union.
(3) (new – SG 43/11, in force from 15.06/2011) Republic of Bulgaria shall immediately and without any formality accept back a foreigner, whom the country has issued a permit for a long-term residence, as well as the members of his/her family, in the cases where the right to residence was deprived or refused by another Member State of the European Union.


Art. 33h. (new – SG 29/07) (1) (suppl. – SG 109/07, in force from 01.01.2008) In case the foreigner under Art. 33a, para 1 or his/her family members pose a serious threat to the social security and order, the bodies of the Ministry of Interior or State Agency "National Security" may expel them from the territory of the European Union, before they acquire right of long-term residence in the Republic of Bulgaria, following a coordination with the competent authorities of the other the Member State of the European Union, in which they have long-term residence permit.
(2) At the expulsion shall be accounted the duration of residence of the foreigner on the territory of the Republic of Bulgaria, the age, the health condition, the family status, the social integration, as well as the presence of a connection with the state of residence or the lack of connection with the state of origin of the person.
(3) (suppl. – SG 109/07, in force from 01.01.2008) The bodies of the Ministry of Interior or State Agency "National Security" shall notify the competent authorities of the other the Member State of the European Union of the enforcement of the expulsion decision.
(4) (new – SG 23/13, in force from 01.05.2013) A foreigner who holds a residence permit for long-term resident in the European Union in the first Member State on the ground of the international protection provided by the same Member State, which has not been revoked, may be expelled even before he or she is entitled to long-term residence in the Republic of Bulgaria, if there is reason to believe that the said foreigner poses a serious threat to national security or, being convicted by a final judgment of a serious crime, he or she poses a threat to the public order.
(5) (new – SG 23/13, in force from 01.05.2013) Where it comes to expulsion of a foreigner who holds a residence permit for long-term resident in the European Union in the first Member State on the ground of the international protection in another Member State of the European Union, the competent body under Art. 44, para 1 shall, through the State Agency for Refugees, file a request to this Member State for acknowledgement of the international protection status.
(6) (new – SG 23/13, in force from 01.05.2013) Upon request by another Member State the State Agency for Refugees shall provide information whether international protection status has been granted or not by the Republic of Bulgaria within one month from submission of the request.
(7) (new – SG 23/13, in force from 01.05.2013) Upon confirmation of the international protection status foreigners under para 5 and their family members shall immediately go back to the Member State that has granted them international protection.
(8) (new – SG 23/13, in force from 01.05.2013) A foreigner whose presence in a certain country poses a serious threat to national security or who, being convicted by a final judgment of a serious crime, poses a threat to the public order, may be expelled in a country other than the Member State which has provided the international protection status, provided that the requirement of Art. 44a, para 1 is observed.
(9) (new – SG 23/13, in force from 01.05.2013) The Republic of Bulgaria shall immediately readmit foreign nationals to whom it has granted international protection, as well as their family members, where another Member State of the European Union has adopted a decision for their expulsion.


Art. 33i (new – SG 9/11) (1) For a foreigner, who has obtained durable residence permit in the Republic of Bulgaria as a second Member State, and who obtains right to long-term residence as per Art. 24d, a long-term residence permit may be issued on the ground of a submitted application.
(2) Services for administrative control over the foreigners shall notify the first Member State of the granted right of long-term residence to the foreigner.
(3) (new – SG 23/13, in force from 01.05.2013) Upon issuance of residence permit to a foreign national who is long-term resident in the European Union and enjoys international protection in the first Member State in the “Remark” field shall be stated the international protection provided by the Republic of Bulgaria and the date on which it has been provided.
(4) (new – SG 23/13, in force from 01.05.2013) Following consultations held by the State Agency for Refugees with the first Member State, during which is confirmed that the international protection status has not been revoked by a final decision, the competent bodies of the Ministry of Interior shall make the remark under para 3.
(5) (new – SG 23/13, in force from 01.05.2013) Where another Member State makes an inquiry, the State Agency for Refugees shall provide information on the presence or absence of international protection status granted by the Republic of Bulgaria as a first Member State within one month from submission of the inquiry.
(6) (new – SG 23/13, in force from 01.05.2013) Where international protection is provided by the Republic of Bulgaria prior to granting a residence permit to a foreign national, residing in the European Union on a long-term basis, by the competent units of the Ministry of Interior, the State Agency for Refugees shall notify the Member State that issued such a permit, to make a remark as laid down in Art. 24e, para 3.
(7) (new – SG 23/13, in force from 01.05.2013) Where, responsibility for the international protection of the long-term resident was transferred to the Republic of Bulgaria after the long-term resident’s EU residence permit was issued by the competent units of the Ministry of Interior, the remark referred to in para 3 shall be amended according to Art. 24e, para 3 no later than 3 months after the issuance of a Bulgarian identity document pursuant to the Bulgarian Personal Documents Act.
(8) (new – SG 23/13, in force from 01.05.2013) The amendment in the Remark box of the long-term resident’s EU residence permit issued by the competent units of the Ministry of Interior shall be made on the grounds of a notification by the Member State that it has undertaken the responsibility for the international protection prior to granting such permit. The amended permit shall be issued no later than 3 months after receipt of the notification.

Chapter three.
"B" Residence of third country citizens for the purposes of highly qualified employment (new – SG 9/11), in force from 01.06.2011)
Art. 33k. (new – SG 9/11, in force from 01.06.2011; suppl. – SG 43/11, in force from 15.06.2011) (1) Residence and work permit of the "EU Blue Card" type may be granted to foreigners holding a visa under Art. 15, Para 1 and are highly qualified workers pursuant to the Employment Promotion Act.
(2) (amend, and suppl. – SG 543/11, in force from 15.06.2011; amend. – SG 70/13) Residence and work permit of the "EU Blue Card" type shall be issued after a decision delivered by the bodies of the Ministry of Labour and Social Policy for a period of one year, and it shall be renewed in the event that grounds for its re-issuance appear. In case that the time period of the labour contract is shorter than one year, the permit shall be issued for the period of duration of the contract, prolonged with 3 months.
(3) Family members of the blue card holder may be granted with a durable residence permit with period of validity relevant to the allowed residence period of the EU Blue Card holder. For the issuance of a residence permit for the family members, the requirements as per Art. 24, Para shall be fulfilled.
(4) (suppl. – SG 70/13) Permit referred to in in Para 1- 3 shall be issued following a single application procedure, laid down in the Regulations for Implementation of this Act.
(5) (new – SG 70/13) An EU blue card holder shall be granted a residence permit in compliance with the requirements laid down in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, provided that in the Section “Permit type” is entered “EU blue card”.


Art. 33l. (new – SG 9/11, in force from 01.06.2011) (1) Any holder of an EU Blue Card, issued in another Member State of the European Union, who have resided on the territory of that Member State for 18 months, may, together with the members of his/her family reside in the Republic of Bulgaria for the purposes of highly skilled employment. Application for the issuance of EU Blue Card in the Republic of Bulgaria shall be submitted not later than a month after the foreigner’s entry in the country.
(2) If the term of validity of the Blue Card , issued in the first Member State, elapses during the proceedings of issuance of an EU Blue Card in the Republic of Bulgaria, the services of administrative control over the foreigners shall issue a temporary residence permit for the foreigner, which permit shall provide him/her the opportunity to prolong his/her legal residence in the Republic of Bulgaria till decision on his/her application is taken by the competent authority.
(3) Para 1 and 2 shall also be applicable where the foreigner has exercised his/her right to migrate in another Member State.
(4) (suppl. – SG 43/11, in force from 15.06.2011) In the cases, where the holder of an EU Blue Card, issued in another Member State, migrates into the Republic of Bulgaria as per Para 1 and if his/her family has already reunited in that Member State, members of his/her family shall be granted a permission to accompany him/her or reunite him/her. Where provisions of Para 2 shall be applied respectively, to the family members of the holder of an EU Blue Card a temporary residence permit may be issued.


Art. 33m. (new – SG 9/11, in force from 01.06.2011) (1) A holder of an EU Blue Card may be granted a statute of long-term residing in the Republic of Bulgaria, if he/she resided legally and uninterruptedly 5 years on the territory of Member States of the European Union as a holder of EU Blue Card, from which 2 years on the territory of the Republic of Bulgaria.
(2) The five years period envisaged in Para 1 shall not be considered interrupted by periods of absence of the EU Blue Card holder from the territory of Member States of the European Union, with the purpose to exercise economical activity as an employed or free-lanced person due to performing a volunteer activity or education in his/her country of origin, if these periods are shorter than 12 consequential months and the total duration do not exceed 18 months within the five years period.
(4) For the holder of EU Blue Card, who has obtained a statute of long-term residing person in the Republic of Bulgaria, a residence permit shall be issued in accordance with the requirements laid down in the Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, and "former holder of EU Blue Card" shall be entered in the field "Remark".


Art. 33n. (new – SG 43/11, in force from 15.06.2011) Unemployment period shall not be a ground to deprive from EU Blue Card or to refuse prolongation of the residence term to its holder, where it does not exceed 3 consecutive months or where it does not arise more than once for the validity period of the EU Blue Card.


Art. 33o. (new – SG 43/11, in force from 15.06.2011) Members of the family of an EU Blue Card holder may be granted an independent long-term residence permit under conditions as per Art. 24f, Para 4.

Chapter four.
FOREIGNERS LEAVING THE REPUBLIC OF BULGARIA
Art. 34. Any foreigner shall be obliged to leave the country till the elapse of the term of his stay.


Art. 35. (1) A foreigner staying for a short term who's document for travel abroad has been substituted with a new one shall be able to leave the country after notifying about this the services for administrative control of foreigner except other is provided in an international agreement to which the Republic of Bulgaria is a party.
(2) A foreigner who has a continuous residence permit shall be able to leave the country and to return back without a visa till the elapse of the permitted term for stay.
(3) (suppl – SG 9/11) A foreigner who has a long-term or permanent residence permit shall be able to leave the country and to return back without a visa.


Art. 36. The foreigners shall be able to leave the Republic of Bulgaria through the places determined for this on the basis of documents for travel abroad and other substituting documents giving them the right to leave the country.


Art. 37. A foreigner shall not be able to leave the country if for him there is undertaken compulsory administrative measure for not leaving.


Art. 38. A foreigner who with a transport means leaves the Republic of Bulgaria on road, in the air or on water shall possess the documents of art. 21, para 1, items 2 and 3, as well as permission for export of the transport means if this is necessary.


Art. 39. The handing over of a foreigner for committed crime shall be implemented under the conditions and by the order established by the Bulgarian laws and the international agreements to which the Republic of Bulgaria is a party.

Chapter five.
ADMINISTRATIVE COERCIVE MEASURES
Section I.
Compulsory administrative measures
Art. 39a. (New, SG 42/01; prev. text of Art. 39a – SG 23/13) (*)) The compulsory administrative measures imposed to the foreigners according to this Act are:
1. revoking the right of stay in the Republic of Bulgaria;
2. compulsory taking to the border of the Republic of Bulgaria;
3. expulsion;
4. (amend. – SG 23/13); (*), suppl. – SG 70/13 (*)) prohibition to enter and reside on the territory of Member States of the European Union;
5. prohibition to leave the Republic of Bulgaria.
(2) (new – SG 23/13) In the implementation of administrative coercive measures under para 1, items 1 and 2 shall be monitored by the Ombudsman of the Republic of Bulgaria or by authorized officials from its administration as well as by representatives of national or international no0n-governmental organizations.


Art. 39b. (new - SG 36/09) (1) (amend. – SG 23/13) In the order imposing a compulsory administrative measure under Art. 39a, para 1, Items 1 and 2 shall be specified a term between 7 and 30 days, within which foreigners shall voluntarily fulfil their obligation to return.
(2) (suppl. – SG 9/11) In order to be provided a term for voluntary departure longer than 30 days, the foreigner shall submit an application to the competent authority, which has issued the order under Para 1 and which shall decide and notify the foreigner within three days. In such cases the specific circumstances shall be taken into account for each individual case, such as: the length of stay, health status, needs of the vulnerable groups, presence of children attending school and other family and social relations. Term for voluntary departure may be prolonged but for no longer than one year.
(3) Where a voluntarily departure has been allowed, but it is probable that the foreigner hides himself, the competent authority issuing the order under Para 1 may issue an order to the foreigner to present himself daily at the territorial structure of the Ministry of Interior at the location of his residence.
(4) Where the person presents a threat for the national security or for the public order, the competent authority shall not provide a term for voluntary departure.


Art. 40. (Amend., SG 42/01) (1) The revoking of the right of stay of a foreigner in the Republic of Bulgaria shall be imposed when:
1. (amend. - SG 36/09; amend. – SG 9/11; amend. and suppl. – SG 16/13; suppl. – SG 70/13, in force from 24.12.2013) grounds, laid down in Art. 24; 24a; 24b; 24c; 24f; 24h; 24i; Art. 25 Para 1, items 6, 7, 8, 13 and 16; Art. 25b; 33a; 33d; 33k and 33l do not exist anymore;
2. (suppl. – SG 9/11) the grounds of Art. 10, Para 1, items 104, 6011, 14, 16, 20-22; as well as in the cases under Art. 26, Para 3 are present;
3. it is established that the data presented for its obtaining are untrue;
4. (suppl. - SG 36/09; amend. – SG 9/11) the marriage is terminated before the elapse of 7 years from its contracting in the cases under art. 25, Para 1, item 2;
5. (amend. - SG 36/09; amend. – SG 16/13; suppl. – SG 23/13) within one year after the permission the foreigner has not settled and is not on the territory of the country except the cases of Art. 25, para 1, items 6, 7, 8, 13 and 16, as well as regarding the members of a family of a foreigner under Art. 25, Para 1, items 6, 7, 8, 13 and 16.
6. (amend. - SG 36/09; amend. – SG 9/11; amend. – SG 21/12; amend. – SG 16/13) is found that the foreigner, who was granted a long-term or permanent residence permit, was absent from the territory of the Member States of the European Union for a period of 12 consecutive months, except in cases of permitted permanent stay under Art. 25, Para 1, Items 6, 7, 8 and 13, as well as regarding family members of a person under Art. 25, para 1, items 6, 7, 8, 13 and 16;
7. (new – SG 52/07; amend. – SG 9/11) the refugee status or humanitarian status or the temporary asylum granted under the Asylum and Refugees Act is withdrawn or terminated;
8. (new – SG 52/07) the asylum granted under the Asylum and Refugees Act is withdrawn.
9. (new – SG 9/11) a foreigner, who was granted a long-term permit, has obtained a statute of long-term residing person in another Member State of the European Union;
10. (new – SG 9/11) is found that the matrimony with a Bulgarian citizen is was terminated before the elapse of 5 years of its concluding;
11. (new – SG 9/11, in force from 01.06.2011) a holder of EU Blue Card has obtained a long-term residence permit in the Republic of Bulgaria, or the members of his/her family, who have obtained a long-term residence permit, have been absent for 24 consequential months from the territory of the Member States of the European Union;
(2) (*) (amend. – SG 9/11) In the cases envisaged in Art. 10, Para 1, item 19, right to reside may be withdrawn after consultations with that Member State, who has forwarded the signal of refused entry.
(3) (new – SG 9/11) Right of long-term residence shall be withdrawn in the cases envisaged in Para 1, items 3, 6, 9; and 11 and in Art. 42, Para 1, where the foreigner represents a real and serious danger for the national security and public order.
(4) (new _ SG 9/11) In all cases after a 6 years absence from the territory of the Republic of Bulgaria, grated right of long-term or permanent residence shall be withdrawn.
(5) (new 0 SG 9/11) Right of residences of a foreigner, who obtained residence permit under Chapter Three "A", and of his family members shall be withdrawn in the cases envisaged in Para 1, items 1 and 2, except for the cases of Art. 10, Para 1, item 8 and in the cases where the persons do not reside legally on the territory of the Republic of Bulgaria.
(6) (new – SG 29/07; previous Para 3, suppl – SG 9/11) A copy of the entered into force order for deprivation of the right of long-term or permanent residence of a foreigner in the Republic of Bulgaria shall be sent to the municipality at his/her permanent address in order to be entered in the register of the population.


Art. 41. (Amend., SG 42/01) Compulsory taking to the border of the Republic of Bulgaria shall be imposed when:
1. the foreigner cannot certify his entering in the country according to the legal order;
2. (amend. - SG 36/09) the foreigner does not leave the country till the expiration of the permitted term or within the terms under Art. 39b;
3. it is established that the foreigner has entered and stays in the country with false or forged document for travel abroad or substituting document.


Art. 42. (Amend., SG 42/01) (1) (amend. – SG 23/13) Expulsion of a foreigner shall be imposed where:
1. his or her presence in the country creates a serious threat to national security or public order;
2. the grounds under Art. 10, para 1, items 1 – 4 are present.
(2) (amend. – SG 23/13) (*), suppl. – SG 70/13 (*)) By imposing the compulsory administrative measure under para 1 shall be withdrawn the right of stay of the foreigner in the Republic of Bulgaria and shall be imposed a prohibition of entering and residing in the territory of the Member States of the European Union.
(3) (new – SG 9/11) Expulsed shall also be a foreigner, who holds residence permit or another permit granting right to reside, issued by another Member State, if he/she does not returns in that Member State within 7 days tern from the moment when illegal residing was found.
(4) ( new – SG 9/11; suppl. – SG 23/13) Before imposture of expulsion to a foreigner, who was granted a long-term residence permit, duration of residing of the foreigner in the Republic of Bulgaria, the age, health status, marital status, social integration, existing relations in the country or absence of relations with country of origin shall be taken in view. Expulsion may not be justified on economic grounds.


Art. 42a. (new – SG 29/07) Expulsed shall also be a foreigner, residing in the territory of the Republic of Bulgaria, to whom expulsion decision is issued by the competent authorities of another Member state of the European Union.


Art. 42b. (new – SG 29/07) (1) The expulsion under Art. 42a. shall be executed in case the expulsion decision has not been repealed or temporarily suspended in order to be enforced by the Member State of the European Union, which has issued it, in case:
1. the foreigner poses a serious danger to public order or national security because of the fact that:
a) with respect to him/her there is a sentence, entered into force, for a crime, regarding which is imposed penalty imprisonment for a period of one year minimum;
b) sufficient data is available that he/she has committed serious crime or there is sufficient data for his/her intention of committing such a crime on the territory of a Member state of the European Union;
2. the decision for expulsion of the foreigner is grounded on the fact that he/she does not observe the requirements of the legislation regarding entry and stay of foreigners in the Member state of the European Union, which has issued it.
(2) In the cases referred to in para 1, item 1, where the foreigner has a residence permit in the Republic of Bulgaria, Art. 42, para 2 shall be applied.


Art. 42c. (new – SG 29/07) (1) The expulsion under Art. 42a shall be executed after receiving a confirmation that it has not been repealed or temporarily suspended from the competent authorities of the Member State of the European Union, which has issued the expulsion decision, as well as documents ascertaining the identity of the foreigner.
(2) The execution of the expulsion decision, issued by the competent authorities of another Member State of the European Union, may be subject to contestation by the manner of the Administrative procedure Code.


Art. 42d. (new – SG 29/07) The expulsion under Art. 42a. shall not be executed, if otherwise provided by special law or international agreement, to which the Republic of Bulgaria is a party.


Art. 42e. (new – SG 29/07) The bodies of the Ministry of Interior shall inform the competent authorities of the other Member State of the European Union, who have issued the expulsion decision, of its execution or of presence of ground for non-fulfilment thereof.


Art. 42f. (new – SG 29/07) In case the expulsion may not be carried out at the expense of the foreigner being expulsed, the bodies of the Ministry of Interior shall notify the competent authorities of the other Member State of the European Union, who have issued the expulsion decision, of the expenses made in relation to its execution. The manner of notification shall be determined by the Regulations for Implementation of the Law.


Art. 42g. (new – SG 29/07; suppl. – SG 109/07, in force from 01.01.2008) On the grounds referred to in Art. 42b, para 1, the bodies of the Ministry of Interior and State Agency "National Security" may issue an order for expulsion and to demand its enforcement by the competent authorities of the other Member State of the European Union with regards to a foreigner, who is situated on its territory.


Art. 42h. (New, SG 42/01; prev. text of Art. 42a – SG 29/07) (1) (suppl. – SG 9/11; amend. – SG 23/13 (*), amend. – SG 70/13) Prohibition of entry and residence in the territory of Member States of the European Union shall be imposed where:
1. the grounds under Art. 10, para 1 are present;
2. no time limit has been given for the person to leave Bulgaria voluntarily under the terms of Art. 39b, para 4;
3. the foreign national fails to fulfil his/her obligation to return.
(2) (revoked – SG 9/11)
(3) (amend. and suppl. - SG 36/09; amend. – SG 23/13; (*), amend. – SG 70/13 (*)) The prohibition for entry and residence in the territory of Member States of the European Union shall be valid for a period of 5 years. The prohibition for entry and residence in the territory of Member States of the European Union may be for a period longer than 5 years, where the person presents a serious threat for the public order or for the national security.
(4) (amend. and suppl. – SG 9/11) The prohibition of entry can be imposed simultaneously with the compulsory administrative measure under Art. 40, Para 2, or under art. 41 when the grounds under Art. 10, Para 1 are present.


Art. 43. (Amend., SG 42/01) (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. (amend., SG 37/03; revoked – SG 23/13)
3. (Amend., SG 45/02; revoked – SG 23/13
(2) (revoked – SG 9/11)
(3) A foreigner under 18 years of age having Bulgarian citizenship, one of whose parents is a Bulgarian national and has not presented a written consent for travelling abroad, shall not be allowed to leave the Republic of Bulgaria.


Art. 44. (Amend. SG 42/01) (1) (amend. SG 54/02; amend., SG 103/03; taking effect in three months from the promulgation of this Act in the State Gazette; amend. – SG 82/06; amend.– SG 29/07; suppl. – SG 109/07, in force from 01.01.2008; amend. - SG 36/09; suppl. – SG 93/09, in force from 25.12.2009; amend. – SG 44/12; amend. – SG 52/13, in force from 14.06.2013) Compulsory administrative measures shall be imposed by orders of the Chairman of State Agency "National Security" and the Directors of the Chief Directorates "Border Police" and "National Police", the Dire4ctors of the Capital and regional directorates, the Director of Directorate "Migration", the Directors of the regional directorates "Border Police" at the Ministry of Interior and of officials authorized by them. The circumstances requiring the imposition of a certain compulsory administrative measure, when containing classified information, shall be noted in a separate document, drawn up by the respective officials under the order of the Protection of the Classified Information Act.
(2) (amend. - SG 36/09; suppl. – SG 9/11)) When imposing compulsory administrative measures, the competent shall take into account the duration of the stay of the foreigner on the territory of the Republic of Bulgaria, the categories of vulnerable persons, presence of proceedings under the Asylum and Refugees Act or of proceedings for renewal of residence permit or of another permit granting right to reside, his family status and the availability of family, cultural and social relations with the country of origin of the person.
(3) (amend. – SG 82/06; amend.– SG 29/07) 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 control upon their enactment, unless the body who has issued the order has admitted preliminary fulfilment.
(4) Subject to immediate fulfilment 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, para 1, item 1;
2. (amend. – SG 23/13) (*)) the orders for imposing prohibition to enter and reside in the territory of Member States of the European Union for the presence of the grounds under art. 10, para 1, item 1;
3. the expulsion orders.
(5) (amend. - SG 36/09; amend. – SG 23/13) When obstacles exist for a 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 the coercive administrative measure, to appear on a weekly basis in the territorial structure of the Ministry of Interior at the place of his stay by an order determined by the regulations for implementation of the law, unless obstacles to the implementation of the deportation or expulsion have dropped out and measures are scheduled for the forthcoming escort to the borders.
(6) (amend. - SG 36/09; amend. – SG 23/13) When the person who was imposed a compulsory administrative measure under Art. 39a, para 1, Items 2 and 3 has unknown identity, hinders the execution of the order or there is risk from hiding, the authority that has issued the order may issue an order for compulsory accommodation of the person in a special hostel for temporary accommodation of foreigners with the purpose of organising their compulsory escort to the border of the Republic of Bulgaria or their expulsion.
(7) (new, SG 37/03; amend., SG 103/03; taking effect in three months from the promulgation of this Act in the State Gazette; amend. – SG 82/06; amend., SG 69/08) Established at the Directorate "Migration" 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) (new - SG 36/09; amend. – SG 70/13) The accommodation shall last until the circumstances under Para 6 cease to exist, but no longer than 6 months. Official inspections shall be conducted on a monthly basis by the competent authorities referred to in para 1, together with the Director of the Migration Directorate, in order to ascertain the existence of grounds for forcible placement in special facilities. By exception, where the person refuses to cooperate with the competent authorities, the receiving of the required documents for compulsory escort or expulsion or , the term for accommodation may be additionally extended to 12 months. When, given the specific circumstances of the case, it is established that a reasonable possibility for the deportation of a foreign national no longer exists for legal or technical reasons, the person concerned shall be released immediately.
(9) (new - SG 36/09; amend. and suppl. – SG 23/13) By exception, in case of the circumstances under Para 6 the accompanied minors or juveniles shall be issued an order for compulsory accommodation in a special hostel for a period of up to three months. In the specialised hosts under Para 7 shall be separated premises for accommodation of minor and juvenile foreigners with conditions suitable for their age and needs. Compulsory accommodation shall not apply as regards to unaccompanied minors and juveniles. The body that has issued the order imposing the coercive administrative measure shall notify the respective Social Support Directorate, which shall undertake protection measures pursuant to the Child Protection Act.
(10) (new, SG 37/03; suppl. – SG 109/07, in force from 01.01.2008; prev. text of Para 08, amend. - SG 36/09) 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 para 6 shall be enclosed.
(11) (new, SG 37/03; prev. text of Para 09, amend. - SG 36/09) The order of temporary accommodation of the foreigners, including the minors and juveniles, in the special homes, as well as the organisation and their activity shall be determined by an ordinance of the Minister of Interior.


Art. 44a. (1) (New, SG 42/01; prev. text of Art. 44a – SG 23/13) A foreigner with imposed compulsory administrative measure of expulsion shall not be expulsed to a country where his life and freedom are endangered and he is subjected to a danger of prosecution, torture or inhuman or humiliating treatment.
(2) (new – SG 23/13) Where the circumstances under para 1 are established by an effective judicial decision the foreigner shall be issued and served an order by the authority that issued the expulsion order which explicitly states the prohibition of expulsion and the country in which the foreigner should not be deported. The order shall not be subject to appeal.
(3) (new – SG 23/13) Foreigners shall appear once a week at the territorial unit of the Ministry of Interior at their place of residence.
(4) (new – SG 23/13, in force from 01.05.2013) In case a year after the order under para 2 expulsion in a third safe country has not been carried out, the foreigner shall be allowed temporary access to the labour market under the terms and conditions of the ordinance under Art. 74, para 1 of the Employment Promotion Act – until implementation of the expulsion.


Art. 44b. (1) (New, SG 42/01; prev. text of Art. 44b – SG 52/07) If there is impossibility of immediate expulsion or compulsory taking of the foreigner to the border or the fulfilment of these measures must be postponed due to reasons of legal or technical nature the body which has issued the order for imposing compulsory administrative measure shall postpone its fulfilment for a period until the dropping of the obstacles for its fulfilment.
(2) (new – SG 52/07) When after expiration of the term of temporary protection under the Asylum and Refugees Act the expulsion or the compulsory taking of the foreigner to the border is impossible or the performance of these measures must be delayed because of reasons of health or humanitarian character, the authority, who has issued the order for imposing a compulsory administrative measure, shall postpone the performance until dropping of the obstacles for its imposition.


Art. 44c. (*) (new – SG 9/11) Signal for refusal shall be entered into the Schengen Information System on the grounds of entered into force:
1. refusals , issued on the grounds of Art. 10, Para 1, items 1-4, 11, 14, 16, 20-22 and Art. 26.
2. orders for imposture of compulsory administrative measures under Art. 39a, Items 1-4.


Art. 45. (amend. – SG 29/07) (1) The expenses, related to residence and removal from the Republic of Bulgaria of a foreigner, who has entered the state following an invitation from a physical or legal person, with regards to which it is ascertained that he/she does not meet the legal requirements for residence of foreigners in the Republic of Bulgaria, shall be for the account of the host.
(2) (amend. - SG 12/09, in force from 01.01.2010) In the cases referred to in para 1 the expenses, related to the stay and taking out of a foreigner from the state, shall be collected by the National Revenue Agency following the procedure, provided for in the National Revenue Agency Act.
(3) (new – SG 52/07) The costs related to taking a foreigner from the country in fulfilment of a decision under the Asylum and Refugees Act for transfer of a foreigner in the country, competent to consider his status application, shall be at the expense of the state budget.
(4) (new – SG 43/11, in force from 15.06.2011) Expenses, related to the transportation and acceptation back of the EU Blue Card Holder, as well as these of the members of his/her family, issued by another Member State, shall be on the account of the applicant and/or of his/her employer.


Art. 46. (Amend., SG 42/01) (1) (amend. - SG 30/06, in force from 12.07.2006; amend. – SG 29/07) The orders for imposing compulsory administrative measures can appealed under the conditions and by the order of the Administrative Procedure Code.
(2) (amend. – SG 29/07) The orders for:
1. withdrawal of the right of stay in the Republic of Bulgaria on the grounds under art. 10, para 1, item 1;
2. (amend. – SG 23/13; (*), suppl. – SG 70/13 (*)) imposing prohibition to enter and reside in the territory of Member States of the European Union on the grounds under art. 10, para 1, item 1, and
3. expulsion
shall be subject to appeal before the Supreme Administrative Court, whose decision shall be final.
(3) The orders under para 2 shall not indicate the factual grounds for imposing compulsory administrative measure.
(4) The complaint against an order under para 2 shall not stop the fulfilment of the order.


Art. 46a. (new - SG 36/09) (1) (amend. – SG 9/11; amend. – SG 23/13) The order for compulsory accommodation in a special hostel may be appealed within 14 days from the actual accommodation following the procedure laid down in the Administrative Procedure Code.. The appeal shall not suspend the execution of the order.
(2) (amend. – SG 9/11) The court referred to in Para 1 shall consider the appeal in open session and shall deliver a decision within one month from opening the case. The presence of the person shall not be obligatory. The decision of the first0instance court may be appealed before the Supreme Administrative Court, the latter shall pronounce within 2 months term.
(3) Every 6 months the head of the special hostel for temporary accommodation of foreigners shall submit a list of the foreigners, who have stayed there for more than 6 months due to obstacles to their departure from the country. The list shall be sent to the administrative court at the location of the special hostel.
(4) (suppl. – SG 9/11) After the expiration of every 6 months from the accommodation in the special hostel for temporary accommodation of foreigners the court shall ex-officio or upon application of the interested foreigner, deliver a ruling ex officio in a closed session for the extension, change or termination of the accommodation. The ruling shall be subject to appeal under the procedure of the Administrative Procedure Code.
(5) Where the court overturns the appealed order for compulsory accommodation or rules that the foreigner is released, the latter shall be immediately released from the special hostel.


Art. 46b. (New, SG 42/01; prev. text of Art. 46a - SG 36/09) The state bodies exercising authorised activities in connection with the conditions and the order of entering, stay and leaving the Republic of Bulgaria by the foreigners shall interact with the competent bodies of other countries in the fight against the illegal migration and in carrying out expulsion.


Art. 46c. (new – SG 43/11, in force from 15.06.2011) Where the EU Blues Card is issued by the Republic of Bulgaria, the country shall immediately and without any formality accept back the EU Blue Card holder, as well as the members of his/her family, including cases of expired validity period or deprivation when application has been considered.


Art. 47. (Revoked, SG 42/01)

Section I.
"A" Request for providing assistance in cases of transit for deporting by air of a foreigner outside the territory of the Republic of Bulgaria, addressed by the Ministry of Interior to the competent authorities of another Member State of the European Union (new – SG 29/07)
Art. 47a. (new – SG 29/07) (1) The bodies of the Ministry of Interior may request assistance from the competent authorities of another Member State of the European Union, in the cases of transit for the purposes of deporting by air of a foreigner outside the territory of the Republic of Bulgaria where direct flight to the country of destination is not possible.
(2) Transit by air may not be requested, if it requires a change of airport on the territory of the other Member State of the European Union, to which is addressed the request for providing assistance.


Art. 47b. (new – SG 29/07) (1) The request shall be sent by the competent authorities of the other Member State of the European Union, whose assistances is being requested, immediately, not later than two days prior to the date of the transit.
(2) Transit by air through the territory of another Member State of the European Union shall be carried out after obtaining authorisation from the competent authorities.
(3) In case the competent authorities of the other Member State of the European Union, to which the request is addressed, do not reply within the deadline referred to in para 1, the transit operations may start after the bodies of the Ministry of Interior notify its competent authorities of the transit realisation.


Art. 47c. (new – SG 29/07) (1) The foreigner shall be admitted forthwith in the territory of the Republic of Bulgaria, if:
1. the transit by air authorisation through the territory of the other Member State of the European Union was refused or revoked;
2. the foreigner entered the territory of the other Member State of the European Union, through which the transit is carried out, without authorisation;
3. deporting of the foreigner to another transit Member State of the European Union or to the country of destination, or boarding of the connecting flight, was unsuccessful;
4. transit by air is not possible for another reason.
(2) The costs related to the returning of the foreigner shall be borne by the Republic of Bulgaria.

Section I.
"B" Providing assistance to the competent authorities of another Member State of the European Union in the cases of transit by air through the territory of the Republic of Bulgaria (new – SG 29/07)
Art. 47d. (new – SG 29/07) Upon submitted request the bodies of the Ministry of Interior may provide assistance to the competent authorities of another Member State of the European Union regarding transit by air of a foreigner through the territory of the Republic of Bulgaria.


Art. 47e. (new – SG 29/07) (1) The bodies of the Ministry of Interior shall notify the competent authorities of the other Member State of the European Union which have addressed the request for providing assistance, of the decision for carrying out transit, as well as of the possibility some of the measures under Art. 47g to be undertaken within two days term from receiving the request.
(2) In exceptional cases time limit may be extended for a maximum of two days. The necessity of the extension shall be duly justified.
(3) In case the bodies of the Ministry of Interior do not notify the competent authorities of the other Member State of the European Union, which have addressed the request, of the realization of the transit within the term under para 1 or 2, the transit operations may start after notification by the competent authorities of the other Member State of the European Union.


Art. 47f. (new – SG 29/07) (1) At carrying out transit through the territory of the Republic of Bulgaria the foreigner may be escorted by persons, authorised thereof according to the legislation of the other Member State of the European Union, whose competent authorities have addressed the request for transit.
(2) The persons, escorting the foreigner, shall be entitled to provide cooperation to the bodies of the Ministry of Interior in order to prevent an escape of the foreigner, causing self-injures, injuries to third persons or damages to someone else’s property.
(3) The persons who escort the foreigner shall be obliged to:
1. undertake the necessary actions in order to prevent the circumstances referred to in para 2 in the cases where it is impossible for the bodies of the Ministry of Interior to exercise their powers; in those cases the persons escorting the foreigner shall be obliged to observe the laws of the Republic of Bulgaria;
2. present their identity documents, as well as the transit authorisation or the notification under Art. 47e, para 3, upon request by the bodies of the Ministry of Interior.
(4) The persons who escort the foreigner may not carry a gun and uniform.


Art. 47g. (new – SG 29/07) (1) The bodies of the Ministry of Interior shall provide assistance in carrying out transit by implementation of one or several of the following measures:
1. meeting the foreigner at the aircraft and escorting him/her within the confines of the transit airport security zone;
2. providing emergency medical care to the foreigner and, if necessary, his/her escort;
3. providing sustenance for the foreigner and, if necessary, his/her escort;
4. receiving, keeping and forwarding travel documents;
5. informing the requesting Member State of the place and time of departure of the foreigner from the territory of the Republic of Bulgaria, in the cases of transit without escort by authorised persons;
6. informing the competent authorities, which have addressed the request for transit, if any serious incidents took place during the transit of the foreigner.
(2) Within available means and in compliance with relevant international standards, the bodies of the Ministry of Interior, following mutual consultations with the competent authorities of the other Member State of the European Union, which have addressed the request for assistance, shall provide all the assistance measures necessary from landing and the opening of the aircraft doors until it is ensured that the foreigner has left, except for the cases referred to in para 1, item 2, where mutual consultations are not required.
(3) In case it turns out that it is not possible to carry out the transit and the foreigner has to be re-admitted by the other Member State of the European Union, whose competent authorities have addressed the request, the bodies of the Ministry of Interior shall provide assistance thereof.


Art. 47h. (new – SG 29/07) The bodies of the Ministry of Interior shall undertake all measures necessary so that the transit operation takes place in the shortest possible time, not exceeding 24 hours.


Art. 47i. (new – SG 29/07) (1) 6. The costs of the assistance provided regarding transit by air of a foreigner through the territory of the Republic of Bulgaria shall be borne by the other Member State of the European Union, whose competent authorities have addressed the request for transit.
(2) The bodies of the Ministry of Interior shall provide information with regard to the costs referred to in para 1 to the competent authorities of the other Member State of the European Union.


Art. 47j. (new – SG 29/07) (1) The assistance for carrying out the transit referred to in Art. 47d may be refused, in case
1. the foreigner is accused of committing a crime according to the Bulgarian legislation or with regards to him/her there is entered into force sentence, subject to execution in the Republic of Bulgaria;
2. the foreigner poses a serious danger to public security and order, public health or the relations of the Republic of Bulgaria with other states or international organizations;
3. in the cases where transit through other states to the country of destination is impossible, or it is not possible the foreigner to be admitted in the country of destination;
4. a change of airport on the territory of the Republic of Bulgaria is required;
5. the assistance for transit by air may not be refused on the fixed date for other reasons; in these cases the bodies of the Ministry of Interior shall inform the competent authorities of the other Member State of the European Union of a date as close as possible to the originally requested date on which transit by air may be assisted.
(2) The bodies of the Ministry of Interior may refuse assistance for transit under Art. 47d if the grounds of refusal have been learned after consent for carrying out the transit was granted.
(3) The bodies of the Ministry of Interior shall immediately notify the competent authorities of the other Member State of the European Union, who have addressed the request for transit, of the refusal of carrying out transit as well as the reasons for that.

Section II.
Administrative punitive provisions
Art. 48. (1) With a fine from 500 to 5 000 lv shall be punished a foreigner who:
1. has been expelled and enters the country;
2. (amend. - SG 26/08; amend. – SG 43/11, in force from 15.06.2011) without the corresponding permission or registration implements working, commercial or other activity;
3. has stayed in the country after the elapse of the term of stay.
(2) (amend. - SG 26/08; amend. and suppl. – SG 43/11, in force from 15.06.2011) The penalty of para 1 shall be imposed also to individuals who have hired to work or have accepted legally residing foreigners but without the corresponding permission or registration, and to the corporate bodies shall be imposed proprietary sanction amounting to 20 000 lv.
(3) (suppl. – SG 43/11, in force from 15.06.2011) When the breaches of para 1 and 2 are done for second time the imposed fine shall be from 1 000 to 10 000 lv and to the corporate bodies – in amount from BGN 4 000 up to BGN 40 000 .


Art. 48a. (New, SG 42/01) (1) (Suppl., SG 112/01, amend., SG 11/05) Fined with 200 to 2000 levs shall be an individual who does not fulfil his obligations under art. 24a.
(2) A corporate body who commits the offences under para 1 shall be punished by proprietary sanction from 500 to 5000 levs.
(3) The penalties under para 1 shall also be imposed on an employee of a sole entrepreneur or corporate body who commits or admits the commitment of offence under para 1 and 2.
(4) If the offences under para 1 - 3 are committed repeatedly a fine of 500 to 5000 levs shall be imposed and to corporate bodies shall be imposed proprietary sanction from 1000 to 10 000 levs.


Art. 48b. (new, SG 11/05) (1) A natural person who does not fulfill his obligations under Art. 28 shall be sanctioned with a fine form 100 to 1000 BGN.
(2) A legal person which does not fulfill its obligations per Art. 28 shall be sanctioned with a property sanction form 500 to 5000 BGN.
(3) In cases of repeat violation per Para 2, the legal person shall be sanctioned with a property sanction from 1 000 to 10 000 BGN.


Art. 48c. (new – SG 43/11, in force from 15.06.2011) (1) With a fine in amount from BGN 750 up to BGN 7500 shall be punished a natural person, who has hired an illegally residing foreigner, as far as the deed does not construct a crime.
(2) In the cases where the infringement envisaged in Para 1 is done by a legal person, a property sanction in amount from BGN 3000 up to BGN 30 000 shall be imposed.
(3) In the cases where the offences under Para 1 and 2 have been committed repeatedly, a fine from BGN 1500 up to BGN 15 000 shall be imposed, respectively a property sanction from BGN 6000 up to BGN 60 000 shall be imposed to the legal persons.
(4) Penalties envisaged in Para 1- 3 shall be imposed per each one hired foreigner, who resides illegally.


Art. 49. (1) With a fine up to 3 000 lv shall be punished a foreigner who:
1. uses invalid document for travel abroad or other substituting document;
2. (suppl., SG 42/01; amend. – SG 82/06; suppl. - SG 36/09) loses, damages or demolishes Bulgarian identity document, residence permit or documents issued by the services for border passport-visa control;
3. as captain or member of the crew of a sailing vessel does not observe the established border and passport regime of ports and port towns;
4. (amend. – SG 29/07) does not implement his obligations of art. 17, para 2 and of art. 30;
5. (amend. – SG 82/09) gives or accepts as pawn or concedes a personal document.
(2) When the breaches of para 1 are done for second time shall be imposed fine from 1 000 to 6 000 and to the corporate bodies shall be imposed proprietary sanction of 20 000 lv.


Art. 49a. (new – SG 23/13) (1) Any captain of a vessel who does not announce to border control authorities passengers without tickets aboard till arrival at a port, shall be punishable with a fine amounting from 3000 to 6000 lv.
(2) Any captain of a vessel, ship-owner or ship agent who allows foreigners on the territory of the state of foreigners who do not hold the documents required under Art. 8, shall be punishable with a fine amounting from 6000 to 10 000 lv per each person admitted ashore.


Art. 50. (1) Punished with a fine amounting up to 500 lv shall be a foreigner who:
1. (amend. – SG 9/11) does not fulfil his obligations under art. 44, para 9;
2. has gravely violated the established order in the zone of border control of a border check point;
3. (amend. – SG 23/13) does not observe the terms for transit passing through the country.
(2) When the breaches of para 1 are done for second time shall be imposed a fine from 200 to 1 000 lv.


Art. 51. (amend., SG 37/03; amend. – SG 29/07) A carrier, who does not fulfil his obligations under art. 20 shall be punished with a fine or a proprietary sanction amounting from 6000 to 10 000 levs per each transported person.


Art. 51a. (new – SG 63/07) For failure to provide or incomplete or inaccurate provision of the information referred to in Art. 20a, Para 1 the carrier – natural or legal person, shall be imposed a fine, respectively a proprietary sanction, in amount from BGN 6000 to 10 000 for each travel.


Art. 52. (1) In the cases when for breach of this Act and of the regulation promulgated pursuant to it no other sanction is provided, the guilty one shall be punished with a fine up to 500 lv.
(2) In insignificant cases shall be imposed a fine according to art. 39, para 2 of the Administrative Violations and Penalties Act.


Art. 53. (1) (Suppl., SG 112/01) The breaches of this Act shall be ascertained with an act compiled by the bodies of the Ministry of Interior and in the cases of art. 24a and art. 33, para 2 - by the bodies of the Ministry of Labour and Social Policy.
(2) On the basis of the compiled acts the Minister of Interior and the Minister of Labour and Social Policy or officials empowered by them shall issue punitive decisions.
(3) The compilation of the acts, the issuing, appealing and implementation of the punitive decisions shall be implemented by the order of the Administrative Violations and Penalties Act.

Chapter six.
INFORMATIONAL ACTIVITY OF THE SERVICE FOR ADMINISTRATIVE CONTROL OF FOREIGNERS IN THE REPUBLIC OF BULGARIA (new, SG 37/03)
Art. 54. (new, SG 37/03) (1) (amend. – SG 9/11) The Ministry of Foreign Affairs shall maintain a Single Register for foreigners, containing data about the durably, long-term and permanently residing foreigners.
(2) For the purpose of fulfilment 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) (new, SG 103/03; taking effect in three months from the promulgation of this Act in the State Gazette; amend. – SG 82/06; amend. – SG 69/08) The services for administrative control of the foreigners shall be obliged to produce, in due time, at Directorate "Migration" the whole information under para 2.
(4) (prev. para 3 – SG 103/03; taking effect in three months from the promulgation of this Act in the State Gazette) 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 travelling 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. (new – SG 29/07) biometric data – photos and 10-finger prints
24. (prev. text of item 23 – SG 29/07) other data stipulated by a law.
(5) (new – SG 109/07, in force from 01.01.2008) State Agency "National Security" shall use the information from the register under Para 1 for performance of its legal function according to order specified in a joint ordinance of the Minister of Interior and the Chairman of the Agency.


Art. 55. (new, SG 37/03) (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) (amend. - SG 30/06, in force from 12.07.2006) The refusal to submit data from the Single Register for the foreigners may be appealed by the order of the Administrative procedure code.


Art. 56. (new, SG 37/03; amend. and suppl. – SG 109/07, in force from 01.01.2008) The Ministry of Interior and State Agency "National Security" 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. (new, SG 37/03; suppl. – SG 109/07, in force from 01.01.2008) The Ministry of Interior and State Agency "National Security" shall carry out exchange of data with the Ministry of Labour and Social Policy and State Agency "National Security" in connection with the issuance of work permits to foreigners and with the issuance of permits for free-lance activity by foreigners.


Art. 58. (new, SG 37/03; suppl. – SG 109/07, in force from 01.01.2008; amend. – SG 82/09) The Ministry of Interior shall carry out informational exchange with the State Agency "National Security" and State Agency for the foreigners in connection with the issuance of Bulgarian personal documents to the foreigners seeking or having obtained protection, and for carrying out proceedings for granting special protection according to the Asylum and Refugees Act.


Art. 59. (new, SG 37/03) (1) (suppl. – SG 109/07, in force from 01.01.2008) The Ministry of Interior and State Agency "National Security" shall carry out data exchange with the bodies of the judicial authority in connection with the fulfilment of its functions related to the imposing and revoking of compulsory administrative measures.
(2) (amend. and suppl. – SG 109/07, in force from 01.01.2008) The Ministry of Interior and State Agency "National Security" 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. (1) (new, SG 37/03; prev. text of Art. 60 – SG 109/07, in force from 01.01.2008; suppl. - SG 36/09; suppl. – SG 9/11) ) 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, residence permits and with the administrative servicing of long-term or permanently staying foreigners.
(2) (new – SG 109/07, in force from 01.01.2008l supp. – SG 9/11) State Agency "National Security" shall cooperate and exchange information with ESGRAON and with the municipal administrations in relation to the administrative service of long-term or permanently staying foreigners.


Art. 61. (new, SG 37/03; amend., SG 103/03 – taking effect in three months from the promulgation of this Act in the State Gazette) The Ministry of Foreign Affairs shall keep a register containing the data under art. 54, para 4, as well as data for applications filed by foreigners for issuance of visas and restrictions imposed by the order of art. 21a by the Minister of Foreign Affairs.