| Law for the foreigners in Republic of Bulgaria |
LAW FOR THE FOREIGNERS IN THE REPUBLIC OF BULGARIA
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Art. 23. (1) The foreigners shall stay in the Republic of Bulgaria short term and long term.
(2) The short term stay shall be up to 90 days from the date of entering the country.
The term shall be possible to be extended by the services for administrative control of foreigners due to reasons of humanitarian character.
(3) The long term shall be:
1. long - with permitted term up to one year;
2. permanent - with permitted unlimited term.
Art. 24. (1) (amend. – SG 29/07) A permission for long stay shall be able to receive foreigner who have a visa under Art. 15, para 1 and:
1. (Amend., SG 42/01; amend., SG 112/01) wish 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) carry out commercial activity in the country according to the legally established order, and as a result of this activity at least 10 positions have been opened for Bulgarian citizens, unless agreed otherwise by an international agreement, ratified, promulgated and enacted in the Republic of Bulgaria;
3. are admitted to regular education in licensed educational establishments;
4. are foreign specialists staying in the country by force of international agreements to which the Republic of Bulgaria is a party;
5. (amend. – SG 29/07) have grounds to have permitted permanent stay or have married with a foreigner with permanent stay in the country;
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 started long treatment in a medical establishment and dispose with financial resources for healing and maintenance;
9. are correspondents of foreign mass media and have accreditation in the Republic of Bulgaria;
10. are pension ensured and dispose with sufficient resources for maintenance in the country;
11. (amend., SG 37/04) implement activity under the Law for encouragement of investments;
12. implement activity by order and request of persons who have made investments in the country by the order of the Law for the foreign investments;
13. (Amend., SG 42/01) are members of the family of a foreigner who has received a permission for long stay;
14. (New, SG 42/01; amend., SG 37/03, amend., SG 63/05 – in force from 01.01.06; amend. – SG 29/07) are parents of a foreigner or live in concubinage with a foreigner who has obtained a permit for continuous stay on the grounds of Art. 22, 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) 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;
17. (new – SG 29/07) have acquired statute of special protection as per Art. 25 of the Law of Fighting the Illegal Traffic of People;
18. (new – SG 29/07) are members of the family of a Bulgarian citizen under Art. 2, para 2.
(2) The persons of para 1 shall have ensured home, maintenance, obligatoryinsurances and insuring according to the legislation of the Republic of Bulgaria. The normatives for this shall be determined with an act of the Council of Ministers.
(3)(new – SG 63/05, in force from 01.01.06) the requirement under Para 1, item 2 for opening of at least 10 working positions shall not refer to citizens of the Member States of the
European Union, as well as to citizens of the other Member States of the Common European Economic Space.
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) The conditions and the order of issuance, refusal and revoking permit for carrying out free-lance activity by foreigners shall be determined by an ordinance to be issued by the Minister of Labour and Social Policy in coordination with the Minister of Interior and the Minister of Finance.
(4) Not issued shall be visa for continuous stay for the purpose of carrying out freelance 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. 25. A permission for permanent stay shall be possible to receive the foreigners:
1. of Bulgarian ethnic origin;
2. (amend. – SG 29/07) five years after the marriage with a foreigner staying permanently in 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) parents of Bulgarian citizens when they provide the due legally established support, and in the cases of acknowledgement or adoption - upon expiration of 3 years from the acknowledgement or adoption;
5. (amend. – SG 29/07) stayed on legal grounds without interruption on the territory of the country during the last 5 years, provided that in the cases under Art. 24, para 1, item 3 only half of the term of stay shall be recognised;
6. (amend., SG 11/05) invested in the country over 500 000 US$ by the lawful order;
7. (New, SG 42/01) who are not persons of Bulgarian origin, born on the territory of the Republic of Bulgaria, lost their Bulgarian citizenship according to emigration agreements
or by their own wish and they wish to settle permanently on the territory of the country.
8. (new, SG 37/03) 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;
9. (new – SG 29/07) 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.
Art. 25a. (New, SG 42/01) Permit for stay in the Republic of Bulgaria, without the presence of the requirements of this law 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. 26. (1) (prev. art. 26 - SG 42/01) Extension of the term for stay in the country for a foreigner shall be refused in the cases of art. 10 and 11.
(2) (New, SG 42/01) Refused shall be the extension of the period of a long-term stay in the country or revoked shall be the right of a long-term stay of a foreigner for whom it is established that he has not stayed on the territory of the Republic of Bulgaria for at least 6 months and one day during the preceding calendar year.
(3) (New, SG 42/01; suppl., SG 37/03) Refused shall be the issuance of permit for a long-term stay and the issued one shall be revoked of a foreigner who has married a Bulgarian citizen or a foreigner who has obtained permit for a long-term stay if evidence exists that the marriage has been contracted solely for the purpose of evading the norms stipulating the regime for foreigners in the Republic of Bulgaria and obtaining a permit for stay.
(4) (New, SG 42/01) The decision to refuse or withdraw 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 marriage has been contracted solely for the purpose of evading the norms stipulating the regime for foreigners in the Republic of Bulgaria and obtaining a permit for stay. Such evidence can be:
1. the circumstance that the spouses do not live together;
2. lack of contribution to the commitments ensuing from the marriage;
3. the circumstance that the spouses have not known each other before the marriage;
4. the presentation of contradicting information for the personal data of the other spouse (name, address, nationality, profession), for the circumstances of their acquaintance or other important personal information;
5. the circumstance that the spouses do not speak a language understandable for both of them;
6. the payment of money for the contracting of the marriage beyond the usual dowry;
7. the presence of previous marriages contracted for the purpose of evading the norms stipulating the regime for the foreigners.
(5) (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 shal obligatorily hear out the concerned persons.
Art. 26a. (revoked – SG 63/05)
Art. 27. (1) (amend. – SG 29/07) To the foreigners entered the country on one ground the term for stay in the country shall not be extended on another one except the cases where this is required by state interest and in the event of extraordinary circumstances.
(2) The term for stay of foreigners shall be possible to be extended with not more than 6 months before the elapse of the validity of the national documents for travel abroad.
Art. 27a. (New, SG 42/01) 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 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) In case of withdrawal or termination of the right of permanent stay of a foreigner the offices for administrative control of the foreigners shall immediately inform the bodies of civil registration.
Art. 33. (1) The foreigners to which is permitted permanent stay in the Republic of Bulgaria shall be able to start work by the order established for the Bulgarian citizens.
(2) 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 with employment contract only after receiving a permission by the Ministry of Labour and Social Policy.
(3) The foreigners received permission to work shall be able to work only for the employer and for the term determined in the permission for work.
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