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Proposed Amendments to the Foreigners in the Republic of Bulgaria Act

At the end of July, 2020, a bill (the “Bill”) for amendment to the Foreigners in the Republic of Bulgaria Act (the “FRBA”) was submitted with the National Assembly. The main purpose of these changes is harmonization of the national with the European legal framework of the rules and procedures regulating legal migration.

Which individuals are regarded as “foreigners”?

The legal definition of “foreigner” has been amended – now EU citizens are legally equated with Bulgarian citizens.

Visas

It will be possible that visa applications be electronically submitted through an application form completed online, signed with an electronic signature.

As a new ground for refusal for issuance of visa or as grounds for refusal of entry into the will be introduced the conviction for a publicly prosecuted intentional crime, handed down by the state of citizenship or residence of the foreigner.

The Bill specifies the conditions for issuance of a multiple-entry short-stay visa with a validity of up to 5 years. These conditions include that the foreigner:

It is possible to issue multiple-entry short-term visas with different validity periods depending on whether the foreigner has a previous visa.

The issuance of a multiple-entry visa valid though up to five years will be a possible residence option for foreigners who prove:

Stateless Individuals

The following grounds are introduced for refusal for acquisition of residence status by stateless individuals:

Residence Permits

More detailed regulation of the procedures for issuance residence permits will be introduced regarding:

Before the Bill, the only legislation applicable was not quite detailed and has not been provided for in a law, but under the Regulation for implementation of the FRBA.

New grounds for refusal of issuance of a residence permit and term-extension of a permit issued is the existence of a conviction for a publicly prosecuted intentional crime, handed down by the state of citizenship or residence of the foreigner.

EU Blue Card

A deadline for submission of applications for renewal of EU Blue Cards is introduced – 30 days before the expiration of the residence permit. The application should be signed by the employer, as well.

Electronic processing of applications for issuance of EU Blue Cards is introduced, as well as a 7-day term for correction of errors which the applicant is notified electronically for. Coordination activities between the Migration Directorate and the Employment Agency within the permit issuance procedure will be carried out more quickly and efficiently through electronic exchange of information.

Restrictions for the employment of EU Blue Card holders are introduced – if the permit has been issued by the Bulgarian authorities, during the first two years the foreigners are only allowed to exercise work on the territory of the Republic of Bulgaria. The right to receive compensation for unemployment by such persons is also limited, as it can only be granted once within the validity period of the EU Blue Card.

Family Reunion

The procedure for family reunification of foreigners holding a residence permit is to be re-regulated – from the Regulation for application of the FRBA it will be regulated under the FRBA. In this regard, the requirements that a residence permit holder should meet in order to be able to reunite with his family are specified.

Expulsion

The section for administrative coercion measures introduces a new effective remedy for the expulsion of a foreigner to a safe third country when his/her life and liberty are may be threatened in his/her country of origin. No coercive measure of expulsion to the country of origin shall apply to such foreigners.

New sanctions imposed on employers

Fines or property sanctions are introduced for employers who:

The news above is intended for information purposes only by drawing your attention to some of the legislative amendments targeted at the foreigners in Bulgaria. It should not be construed as (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.