Law on foreign nationals in the Republic of Bulgaria

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					             LAW ON FOREIGNERS IN THE REPUBLIC OF BULGARIA

                          Denomination of 5.07.1999 reflected
 Published SG 153/ 1998; Amended SG 70 1999; Amended and supplemented SG 42/ 2001;

                                          Chapter I

                                 GENERAL PROVISIONS

                                           Article 1

This law shall lay down the terms and procedure under which the foreign nationals may enter,
reside and leave the Republic of Bulgaria as well as their rights and obligations.

                                           Article 2

 (1) Foreign national for the purposes of this law shall be any person who is not Bulgarian
national.
 (2) (Amended, SG 42/01) Foreign national shall also be a person who is not considered as a
national of any country in accordance with its legislation and who is in possession of an
official document certifying this capacity.

                                           Article 3

 (1) Foreign nationals in the Republic of Bulgaria shall have all rights and obligations
according to the Bulgarian laws and the ratified international agreements whereto the
Republic of Bulgaria is a signatory with the exception of those for which a Bulgarian
citizenship is required.
 (2) The generally accepted standards of the international and consular law and the ratified
international agreements whereto the Republic of Bulgaria is a signatory shall apply to foreign
nationals enjoying diplomatic or consular immunity.

                                           Article 4

The foreign nationals resident 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 from the
reputation and the dignity of the Bulgarian people.

                                           Article 5

The foreign nationals working in the Republic of Bulgaria on the basis of a permit issued by
the competent authority shall have the rights and the obligations of the Bulgarian nationals
unless otherwise provided by international agreements whereto the Republic of Bulgaria is a
signatory.

                                           Article 6

The foreign nationals resident in the Republic of Bulgaria shall assume civil, administrative
and punitive responsibility on the same basis as the Bulgarian nationals unless otherwise


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provided by a special law or an international agreement whereto the Republic of Bulgaria is a
signatory.

                                           Article 7

The status of foreign nationals refugees shall be determined by a special law.

                                          Chapter II

      ENTRY OF FOREIGN NATIONALS IN THE REPUBLIC OF BULGARIA

                                           Article 8

 (1) A foreign national may enter the Republic of Bulgaria if he is in possession of a valid
foreign travel document or another substituting document as well as a visa for entry, stay or
transit through the country when such is required.
 (2) Visas shall not be required where between the Republic of Bulgaria and the country
whose citizen the foreign national is there is an agreement or an act of the Council of
Ministers of the Republic of Bulgaria for visa free regime.
(3) (New, SG 42/01) Short stay or transit visas shall not be required for foreign nationals,
legally resident in a country with which the Republic of Bulgaria has established a visa free
regime, if the foreign nationals are school pupils travelling within the framework of school
excursion and accompanied by a teacher who has a list of the schoolchildren, issued by the
school in question. The list shall contain:
1. particulars of each participant in the excursion;
2. purpose of the trip;
3. recent photo of each school pupil who has no valid foreign travel document or another
substituting document in accordance with the legislation of the country where he comes from.
(4) (New, SG 42/01) Visa shall not be required for a foreign national who also has Bulgarian
citizenship upon presentation of his foreign travel document and an identity card under Article
13, paragraph 1, item 1 of the Law on Bulgarian Identity Documents.
(5) (New, SG 42/01) The foreign nationals under paragraph 3 may be refused entry in the
country due to the lack of some of the legally established grounds for entry or residence in the
Republic of Bulgaria.

                                           Article 9

 (Amended, SG 42/01) (1) The visa shall be an authorisation for entry, stay or transit through
the territory of the Republic of Bulgaria.
 (2) The type of the visas shall be determined by the purpose of the visit, the number of the
permitted entries, the validity for which they are issued and the place of issue.
 (3) The visas shall be:
 1. for airport transit;
 2. for transit;
 3. for short-stay;
 4. group;
 5. for long-stay;
 6. issued at the border.
 (4) The duration of the stay in the country on the basis of a visa shall not exceed 90 days.


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 (5) Visas shall be issued by the diplomatic and consular representations of the Republic of
Bulgaria, and those for long-stay shall be issued following co-ordination with the services for
administrative control of foreign nationals. .
(6) As an exception, when required by national interest, extraordinary circumstances or
humanitarian reasons, as well as in the cases of extreme urgency, or if so stipulated by a
ratified international agreement in force in the Republic of Bulgaria, border passport control
authorities at the border control checkpoints may, in co-ordination with the services for
administrative control of foreign nationals, or with Directorate "Consular relations" with the
Ministry of Foreign Affairs, issue single entry visas for:
 1. airport transit;
 2. transit;
 3. short- stay with a validity of 10 days.
(7) The terms and procedure for issuing visas shall be determined by the Council of Ministers.

                                           Article 10

 (1) Issue of a visa and entry in the country shall be refused to a foreign national when:
 1. by his activities he has endangered the security or the interests of the Bulgarian state or
there is information that he acts against the security of the country;
 2. by his activities he has discredited the Bulgarian State or has derogated from the reputation
and the dignity of the Bulgarian people;
 3. there is information that he is a member of a criminal group or organisation or that he
carries out terrorist activity, smuggling and illicit trafficking in arms, explosives,
ammunitions, strategic raw materials, goods and technologies with possible dual use as well
as illicit trafficking in narcotic drugs and psychotropic substances and precursors and raw
materials for their production;
 4. there is information that he performs trafficking in human beings and illegal bringing of
persons in the country and taking persons out of the country to other countries;
 5. he has been expelled from the Republic of Bulgaria not less than 10 years ago and has not
refunded within 6 months following the expulsion the funds spent for that purpose by the
country;
 6. he has committed premeditated crime on the territory of the Republic of Bulgaria which
according to the Bulgarian legislation is punishable by a penalty involving deprivation of
liberty of more than 3 years;
 7. he has made an attempt to enter the country or to pass through it using false or forged
documents;
 8. it could be assumed that he will spread 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 to the public health or when he does not have a vaccination certificate, or
comes from a region with complicated epidemic or epizootic situation;
 9. he has no guaranteed support and the required obligatory insurance during his residence in
the country and financial means allowing his return;
 10. during previous entry and residence he has systematically violated the border, passport -
visa, currency or customs regime of the Republic of Bulgaria;
 11. during previous residence he has violated the labour or tax legislation of the country;
 12. he has no visas or tickets for the next countries along the route;
 13. the person has been imposed coercive administrative measure not to enter the country and
this measure is in force;



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 14. (Amended SG 42/01) his name is entered in the information database of the undesirable
foreign nationals for the country, maintained by the Minister of Interior and the Minister of
Foreign Affairs.
 15. (New, SG 42/01) applies for an entry visa with a document for definitive leaving the
territory of another country where he has resided by this moment.
 (2) The issue of a visa shall also be refused to a foreign national who does not submit the
necessary documents laid down in an act of the Council of Ministers, certifying the grounds
for his entry in the country.

                                            Article 11

Issue of visa to a foreign national may be refused when:
 1. there is information that he wants to enter the country in order to commit a crime or a
breach of the public order;
 2. during previous residence in the country he has committed breach of the public order;
 3. his entry in the country could hamper the relations of the Republic of Bulgaria with
another state;
 4. there is information that the purpose of the entry is to reside in the country as immigrant
without having special permission for that;
 5. there is information that the purpose of the entry is to use the country as a transit point for
migration to a third country.
 6. (New, SG 42/01) during previous residence in the country he has been granted social
assistance by the state;
7. (New, SG 42/01) he is not in a position to substantiate reliably the declared purpose of the
journey.

                                            Article 12

 (1) (Amended, SG 42/01) Airport transit visa shall be issued to a foreign national who travels
by aircraft, transfers the flight in the Republic of Bulgaria and continues his trip on the next
flight along the route.
 (2) (Supplemented, SG 42/01) A foreign national holder of airport transit visa shall be
considered not admitted to the country and his foreign travel document shall be retained by
the border passport control authorities till his departure.

                                            Article 13

 (Amended, SG 42/01) Transit visa shall be issued to a foreign national who enters the
Republic of Bulgaria from one country and leaves the country within 24 hours en route to
another country.

                                            Article 14

 (Amended, SG 42/01) Short-stay visa shall be issued to a foreign national who enters the
country one time or repeatedly for a period of 90 days within 6 months as from the date of the
first entry. The multiple entry visa for a short-stay may be valid for a period of up to one year,
unless otherwise provided by international agreements in force in the Republic of Bulgaria or
by an act of the Council of Ministers.



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                                          Article 14a

 (New, SG 42/01) Group visa shall be issued for transit or for granting the right of residence
for up to 30 days to foreign nationals - nationals of one country, who have formed the group
prior to their departure, hold a group passport and provided they enter, reside and leave the
territory of the Republic of Bulgaria as a group.

                                           Article 15

 (1) (Amended, SG 42/01) Long- stay visa shall be issued to a foreign national who wishes to
establish himself for long or permanently in the country on one of the grounds under Article
24 and Article 25.
(2) (New, SG 42/01) The long-stay visa shall entitle the foreign national to a single entry in
the country with the right of residence up to 90 days. The validity of this visa shall not exceed
6 months.
 (3) (Previous paragraph 2 - amended, SG 42/01) The restriction of the residence under
paragraph 2 shall apply until receiving a permission for long-term residence by the services
for administrative control of foreign nationals.

                                           Article 16

 (1) The possession of a visa cannot be the only ground entitling the foreign national to enter
the Republic of Bulgaria.
 (2) (Supplemented, SG 42/01) The border passport control authorities shall not allow the
entry in the country of a foreign national in the cases under Article 10.
 (3) The authorities under paragraph 2 may not allow the entry in the country of a foreign
national holding a visa in the cases under Article 11.
(4) (Supplemented, SG 42/01) The authorities under paragraph 2 or the services for
administrative control of foreign nationals may cancel an issued visa or reduce the validity of
the residence of a foreign national in the country specified in the issued visa in case the
requirements of this law are not fulfilled.
(5) (New, SG 42/01) In the cases under paragraph 2 and paragraph 3 the border passport
control authorities shall cancel the issued visa and inform forthwith thereof the Ministry of
Foreign Affairs.

                                           Article 14

 (1) The entry of a foreign national in the Republic of Bulgaria shall be done through the
designated for this purpose border checkpoints.
 (2) (Supplemented, SG 42/01) A foreign national who carries more than one personal foreign
travel document or carries such documents of third parties shall be obliged to declare them
before the border passport control authorities.
 (3) (Supplemented, SG 42/01) A foreign national with more than one citizenship shall be
obliged to declare before the border passport control authorities the citizenship which he will
refer to during the residence in the country and to certify it with a valid foreign travel
document, issued by the country whose citizenship he has declared.
 (4) A foreign national holding more than one valid foreign travel document shall be obliged
to leave the country with the document he entered the country.

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 (5) The provision of paragraph 4 shall apply also to Bulgarian nationals having also another
citizenship.

                                           Article 18

 (Amended, SG 42/01) When entering the Republic of Bulgaria the foreign national shall
declare the purpose of his visit.

                                           Article 19

(1) A foreign national who enters the Republic of Bulgaria or passes transit must have:
 1. the required financial means of subsistence;
 2. the required financial means for leaving the country;
 3. entry or transit visa for the country which he wants to visit or through which he wants to
travel, if necessary;
 4. mandatory insurance laid down in an act of the Council of Ministers.
5. other documents stipulated in an international agreement or in an act of the Council of
Ministers.
 (2) The amount of the financial means under paragraph 1 and paragraph 2 shall be specified
in an act of the Council of Ministers.

                                           Article 20

 (Amended, SG 42/01) The officials of the airline companies, tourist agencies and forwarding
companies or other representations transporting to and/or from the Republic of Bulgaria
foreign nationals or Bulgarian nationals shall provide the service after they have checked:
 1. the validity of the foreign travel documents of the foreign nationals and in respect of
Bulgarian nationals - the availability of visas for the countries which the persons would like to
visit or through which they would like to pass, if so required;
 2. the fulfilment of the requirements of Article 19, paragraph 1, item 3;
 3. the fulfilment of the other requirements of this law.

                                           Article 21

 (1) A foreign national who by transport means enters, reside or transit through the country by
land, air or sea must have:
 1. a permission for passing of the transport means when such is required according to the
Bulgarian legislation and the international agreements whereto the Republic of Bulgaria is a
signatory;
 2. documents certifying the registration of the transport means;
 3. documents certifying the ownership of the transport means if not ascertained in the
documents under item 2;
 4. mandatory insurance;
 5. driving license.
 (2) Transport means shall not be admitted to the country if the grounds under paragraph 1,
items 1, 4 and 5 are not available.
 (3) (Supplemented, SG 42/01) The border passport control authorities shall retain the
transport means and the documents if the grounds of paragraph 1, item 2 and 3 do not exist
and a report shall be drawn up thereon, a copy of which shall be handed over to the foreign


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national. The report and the documents shall be sent to the customs authorities of relevant
competence.
 (4) A foreign national having valid documents for entry into the country but not the required
documents for the transport means under paragraph 1 shall be admitted to the country.

                                         Article 21a

 (New, SG 42/01) (1) The Minister of Interior, the Minister of Foreign Affairs or officials
authorised by them may periodically include foreign nationals in the information database of
the undesirable foreign nationals in the country in the presence of the grounds under Article
10 and Article 11.
(2) The terms and procedure for maintaining and updating the information database under
paragraph 1 shall be laid down by the Minister of Interior and by the Minister of Foreign
Affairs.

                                         Chapter III

   RESIDENCE OF FOREIGN NATIONALS IN THE REPUBLIC OF BULGARIA

                                          Article 22

 (1) The residence of foreign nationals in the Republic of Bulgaria shall be implemented on
the basis of:
 1. an issued visa under Article 9, paragraph 3;
 2. international agreements for visa free regime or more favourable visa regime;
 3. a permission by the services for administrative control of foreign nationals.
 (2) The foreign nationals who have entered the country legally shall be entitled to extend the
validity of their residence upon a permit issued by the services for administrative control of
foreign nationals.
 (3) The permit under paragraph 2 for foreign nationals who enjoy diplomatic and consular
immunity shall be issued by the Ministry of Foreign Affairs.

                                          Article 23

 (1) The foreign nationals shall be entitled to a short-term and long-term residence in the
Republic of Bulgaria.
 (2) The short-term residence shall be up to 90 days from the date of entry in the country. The
term may be extended by the services for administrative control of foreign nationals due to
reasons of humanitarian nature.
 (3) The long-term residence shall be:
 1. long - with permitted term up to one year;
 2. permanent - with permitted indefinite term.

                                          Article 24

(1) Long-term residence permit may be granted to nationals who:
1. (Amended, SG 42/01) have a permit issued by the Ministry of Labour and Social Policy to
work in the Republic of Bulgaria under employment relationship;



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 2. (Amended, SG 42/01) carry out commercial activity in the country under the procedure
established by law, and as a result of this activity at least 10 jobs have been created for
Bulgarian nationals;
 3. are admitted to pursue regular studies in licensed education institutions;
 4. are foreign specialists resident in the country by virtue of international agreements whereto
the Republic of Bulgaria is a signatory;
 5. have grounds to be permitted permanent residence or have married a Bulgarian national or
a permanently resident in the country foreign national;
 6. (Amended, SG 42/01) are representatives of foreign trade companies registered at the
Bulgarian Chamber for Commerce and Industry;
 7. are financially provided for parents of foreign nationals permanently resident in the
country;
 8. have started a long treatment in a health-care establishment and are provided with financial
means for healing and subsistence;
 9. are correspondents of foreign mass media and have accreditation in the Republic of
Bulgaria;
 10. have pension granted and sufficient financial means of subsistence in the country;
 11. carries out activity under the Law on foreign investments;
 12. (Repealed, SG 42/01)
13. (Amended, SG 42/01) are members of foreign national’s family who was granted a long-
term residence permit;
14. (New, SG 42/01) are parents of a foreign national who has obtained a long-term residence
permit on the grounds of Article 28, paragraph 5;
15. (New, SG 42/01) have been granted a permit by the authorities of the Ministry of Labour
and Social Policy to perform activities as a self-employed person in the Republic of Bulgaria.
 (2) The persons under paragraph 1 should be provided with lodging, financial means of
subsistence, mandatory insurance and social security in accordance with the legislation of the
Republic of Bulgaria. The standards thereon shall be laid down in act of the Council of
Ministers.

                                          Article 24a

 (New, SG 42/01) (1) A foreign national who wishes to reside on a long-term basis in the
territory of the Republic of Bulgaria with the purpose of performing activities as a self-
employed person may be granted a visa or a long-term residence permit if he meets the legally
established requirements for entry and residence in the country, presenting to the diplomatic
and consular representations, respectively to the services for administrative control of foreign
nationals, the following documents:
1. application according to a model specified by the Council of Ministers, stating the purpose
of the stay, the type of self-employed activity he wishes to carry out;
2. a legalised document establishing the qualification of the person;
3.a document establishing the availability of enough financial means within the meaning of
Article 24, paragraph 2, necessary for the support of himself and his family, if accompanied ;
4. other documents required by acts stipulating the respective type of self-employed activity,
if required.
(2) The diplomatic and consular representations shall issue a visa for long-term residence for
the purpose of performing activities as a self-employed person upon co-ordination with the
services for administrative control of the foreign nationals and in the presence of a
preliminary permit issued by the Ministry of Labour and Social Policy.


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(3) The terms and procedure for issuing a preliminary permit under paragraph 2 shall be laid
down in an ordinance of the Minister of Labour and Social Policy in co-ordination with the
Minister of Interior and the Minister of Finance.
(4) Long-stay visa shall not be issued for the purpose of performing activities as a self-
employed person to a foreign national in the cases under Article 24, paragraph 1, item 1 - 13.

                                          Article 25

Permanent residence permit may be granted to foreign nationals:
 1. of Bulgarian nationality;
 2. two years following the marriage with a Bulgarian national or with a foreign national
resident permanently in the country;
 3. under age and minor children of a Bulgarian national or of a foreign national permanently
resident in the country who have not been married;
  4. (Amended, SG 42/01) parents of a Bulgarian national when they provide the support due
by law, and in the cases of legitimisation or adoption - upon expiration of 3 years following
the legitimisation or adoption;
 5. have resided legally without interruption in the territory of the country during the last 5
years whereas the residence period permitted under Article 24, paragraph 1, item 3 shall not
be recognised;
 6. have invested in the country over 250,000 US$ in accordance with the procedure laid
down by law.
 7. (New, SG 42/01) who are not persons of Bulgarian origin, have been born in the territory
of the Republic of Bulgaria, have lost their Bulgarian citizenship pursuant to emigration
agreements or by their own wish and they wish to establish themselves permanently in the
territory of the country.

                                         Article 25a

 (New, SG 42/01) Permit for residence in the Republic of Bulgaria, in the absence of the
requirements of this law may be obtained by foreign nationals who have rendered services to
the Republic of Bulgaria in the public and economic sphere, in the field of national security,
science, technology, culture or sports.

                                          Article 26

 (1) (previous Article 26 - SG 42/01) Extension of the validity of the residence in the country
of a foreign national shall be refused in the cases under Article 10 and Article 11.
(2) (New, SG 42/01) Extension of the validity of a long-term residence in the country shall be
refused or the right of a long-term residence of a foreign national shall be revoked when it is
established that he has not resided in 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) The issue of a long-term residence permit shall be refused and the issued
one shall be withdrawn to a foreign national who has married a foreign national who has
obtained a long-term residence permit if evidence exists that the marriage has been concluded
with the sole aim of circumventing the rules regulating the regime for foreign nationals in the
Republic of Bulgaria and obtaining a residence permit.
(4) (New, SG 42/01) The decision to refuse or withdraw the permit under paragraph 3 shall be
made by the services for administrative control of foreign nationals on the basis of evidence
providing grounds to make a well-founded conclusion that the marriage has been concluded

                                                                        ЗЧРБ-ЦПР-2002/24     9
with the sole aim of circumventing the rules regulating the regime for foreign nationals in the
Republic of Bulgaria and obtaining a residence permit. Such evidence may be:
1. the fact that the spouses do not live together;
2. the lack of appropriate contribution to the responsibilities arising from the marriage;
3. the fact that the spouses have never met before the marriage;
4. the spouses are inconsistent about their respective personal details (name, address,
nationality, profession), about the circumstances of their first meeting or about other
important personal information;
5. the fact that the spouses do not speak a language understood by both;
6. a sum of money has been handed over in order for the marriage to be contracted beyond the
usual dowry;
7. evidence of previous marriages contracted with the aim of circumventing the rules
regulating the regime for foreign nationals.
(5) (New, SG 42/01) The data under paragraph 4 may be established by statements of those
concerned or by third parties, from written documentation or obtained from inquiries and
checks carried out by the state authorities. The services for administrative control of the
foreign nationals shall obligatorily hear out the concerned persons.

                                           Article 27

 (1) The validity of residence of foreign nationals who entered the country on one ground
shall not be extended on another ground with the exception of the cases of extreme urgency
and of those who married a Bulgarian national.
 (2) The validity of residence of foreign nationals may be extended with not more than 6
months before the expiry of the validity of the national foreign travel documents.

                                          Article 27a

 (New, SG 42/01) The state authorities who, by virtue of an act carry out the registration of
foreign nationals or of activities carried out by foreign nationals, shall be obliged to check up
the type and the grounds of the visas issued to the foreign nationals. In case of established
discrepancies between the requested registration and the type and the grounds of the issued
visa the registration shall not be made and the services for administrative control of foreign
nationals shall be informed immediately.

                                          Article 27b

 27b. (New, SG 42/01) (1) The officials who, as a result of the activity carried out by them,
ascertain a change of the legal status or of the activities of the foreign nationals, shall be
obliged to inform immediately the services for administrative control of foreign nationals.
(2) In case of withdrawal or termination of the right of permanent residence of a foreign
national the services for administrative control of the foreign nationals shall immediately
inform the authorities for civil registration.

                                           Article 28

 28. (Amended, SG 42/01) (1) A foreign national who entered the territory of the Republic of
Bulgaria shall be obliged, within 48 hours after his entry in the country, to declare in writing
the address where he resides before the respective services for administrative control of
foreign nationals according to the place of his residence.

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 (2) Following the procedure and within the time limit laid down in paragraph 1 the foreign
national shall be obliged to inform the respective service for administrative control of the
foreign nationals according to the place of his residence of any change of the address at which
he stays.
(3) Natural or legal person who has provided shelter to a foreign national shall within 48
hours from providing the shelter inform of this circumstance in writing the respective service
for administrative control of foreign nationals according to his location, announcing the name,
the date of birth, the citizenship, the number and the series of the identity document of the
foreign national.
(4) A person carrying out hotel activity, or his employee, shall register him immediately upon
accommodation in a special register. The information for the accommodated foreign nationals
shall be submitted daily by this person by 6 a.m. to the service for administrative control of
the foreign nationals or at the respective district police department according to the location of
the hotel.
(5) The foreign nationals 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.
(6) The residence in the Republic of Bulgaria of the persons under paragraph 5 shall not be
included in the time limit required for obtaining residence permit or for acquiring Bulgarian
citizenship by naturalisation.

                                           Article 28a

 (New, SG 42/01) (1) A foreign national below the age of 18, who has entered the country on
legal grounds unaccompanied by a parent or another adult, responsible for him by virtue of a
law or custom, or was accompanied but left unaccompanied and has not requested refugee
status, may be granted extension of his residence in the territory of the Republic of Bulgaria.
The real and the legal activities aimed to obtaining permit shall be carried out by the Agency
for refugees.
(2) The State Agency for child protection shall temporarily provide to the foreign nationals
under paragraph 1 the necessary material support and care to satisfy their basic vital needs,
medical care and due guardianship, including legal assistance and representation, as well as
access to free education in Bulgarian state and municipal schools until the final settlement of
the issue of their residence in the country, but not after the completion of 18 years of age.
(3) In the cases when the foreign nationals under paragraph 1 are not granted extension of the
residence in 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 surrender and
re-admission with the Republic of Bulgaria, provided their life and freedom are not threatened
there and they are not exposed to danger of prosecution, torture or inhuman or humiliating
treatment.

                                           Article 29

 Foreign nationals who reside on a long-term basis in the Republic of Bulgaria shall certify
their identity under a procedure stipulated by law.




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                                           Article 30

 A foreign national whose foreign travel document or substituting document is lost or
destroyed shall be obliged immediately to notify the services for administrative control of
foreign nationals.
                                       Article 31

 (1) The foreign travel documents of a foreign national may be temporarily withdrawn:
 1. by the relevant judicial authorities when penal proceedings have been instituted for
committed crime of general nature;
 2. by the relevant officials upon accommodation at the places for implementation of the
penalty of imprisonment;
 3. by the authorities of the Ministry of Interior when there is well-founded doubt that they are
false or forged;
 4. by the authorities of the Ministry of Interior when there is an issued order for expulsion,
reconduction to the border or extradition from the country;
 5. by the authorities of the Ministry of Interior in the cases under Article 12, paragraph 2;
 6. by the authorities of the Ministry of Interior in the cases of foreign nationals returned from
another country.
 (2) In the cases under paragraph 1, items 1, 2 and 3 the officials who have withdrawn the
documents of the foreign national shall drawn up a report on the basis of which the services
for administrative control of foreign nationals shall issue a temporary document certifying the
identity of the person.
 (3) The foreign travel document shall be returned to the foreign national when the grounds
for temporary withdrawal are invalidated.
 (4) The foreign travel document shall not be withdrawn from foreign nationals who enjoy
diplomatic immunity in the Republic of Bulgaria unless otherwise provided by the
international agreements whereto the Republic of Bulgaria is a signatory.

                                           Article 32

The foreign travel document shall not be given or accepted as a guarantee nor conceded or
used by another person.

                                           Article 33

 (1) Foreign nationals who are permitted permanent residence in the Republic of Bulgaria
may be employed under the procedure established for Bulgarian nationals.
 (2) Foreign nationals resident on a short-term or long-term basis in the territory of the
Republic of Bulgaria may perform activity under employment contract only after being
granted a permit by the Ministry of Labour and Social Policy.
 (3) Foreign nationals who have been granted work permit may work only for the employer
and for the term specified in the work permit .




                                                                          ЗЧРБ-ЦПР-2002/24 12
                                          Chapter IV

      LEAVING THE REPUBLIC OF BULGARIA BY FOREIGN NATIONALS

                                           Article 34

Any foreign national shall be obliged to leave the country till the expiry of the validity of his
residence.

                                           Article 35

 (1) A foreign national resident on a short-term basis whose foreign travel document has been
replaced with a new one may leave the country after notifying the services for administrative
control of foreign nationals unless otherwise provided by an international agreement whereto
the Republic of Bulgaria is a signatory.
 (2) A foreign national who has long-term residence permit may leave the country and return
back without a visa till the expiry of the permitted term of residence.
 (3) A foreign national who has permanent residence permit may leave the country and return
back without a visa.

                                           Article 36

 Foreign nationals may leave the Republic of Bulgaria through the places designated for that
purpose on the basis of foreign travel documents and other substituting documents entitling
them to leave the country.

                                           Article 37

 A foreign national shall not leave the country if a coercive administrative measure for not
leaving has been undertaken towards him.

                                           Article 38

 A foreign national who with a transport means leaves the Republic of Bulgaria by land, air
or sea must be in possession of the documents under Article 21, paragraph 1, items 2 and 3,
as well as of a permission for export of the transport means, if necessary.

                                           Article 39

The transfer of foreign nationals for committed crime shall be implemented under the terms
and procedure established by the Bulgarian laws and the international agreements whereto the
Republic of Bulgaria is a signatory.




                                                                         ЗЧРБ-ЦПР-2002/24 13
                                           Chapter V

                   MEASURES FOR ADMINISTRATIVE COERCION

                                            Section I

                              Coercive administrative measures

                                           Article 39A

 (New, SG 42/01) The coercive administrative measures imposed on the foreign nationals
under this law are:
1. withdrawal of the right of residence in the Republic of Bulgaria;
2. reconduction to the border of the Republic of Bulgaria;
3. expulsion;
4. prohibition to enter the Republic of Bulgaria;
5. prohibition to leave the Republic of Bulgaria.

                                            Article 40

 (Amended, SG 42/01) (1) The withdrawal of the right of residence of a foreign national in the
Republic of Bulgaria shall be imposed when:
 1. the grounds under Article 24, paragraph 1, and Article 25, item 2 and 6 have been
invalidated;
 2. the grounds of Article 10 and 11 are present;
 3. it is established that the data presented for its obtaining are false;
 4. the marriage is terminated before the elapse of 5 years from its contracting in the cases
under Article 25, item 2;
 5. within one year after the permission the foreign national has not established himself and
not resided in the territory of the country except in the cases under Article 25, item 6.
 6. it is established that the foreign national has not resided in the territory of the Republic of
Bulgaria during the preceding calendar year for at least 6 months and one day.
(2) Withdrawal of the right of residence of a foreign national in the Republic of Bulgaria may
be imposed in the presence of the grounds under Article 11.

                                            Article 41

 41. (Amended, SG 42/01) Reconduction to the border of the Republic of Bulgaria shall be
imposed when:
 1. the foreign national cannot certify his entry into the country under the procedure provided
by law;
 2. the foreign national does not leave the country till the expiration of the permitted term or in
a 7 - day term following the notification of the refusal to extend the duration of his residence;
 3. it is established that the foreign national has entered and reside in the country with false or
forged foreign travel document or substituting document.

                                            Article 42

 (Amended, SG 42/01) Expulsion of a foreign national shall be imposed when his presence in
the country creates a serious threat to the national security or to the public order.

                                                                           ЗЧРБ-ЦПР-2002/24 14
(2) Upon imposing the coercive administrative measure under paragraph 1 the right of
residence in the Republic of Bulgaria of the foreign national shall be withdrawn and a
prohibition on entry in the Republic of Bulgaria shall be imposed.

                                            Article 42a

 (New, SG 42/01) Prohibition on entry in the Republic of Bulgaria shall be imposed when the
grounds under Article 10 are present.
(2) Prohibition on entry in the Republic of Bulgaria can be imposed when the grounds under
Article 11 are present.
(3) The prohibition on entry in the Republic of Bulgaria shall be valid for a period of 10 years.
(4) The prohibition on entry can be imposed simultaneously with the coercive administrative
measure under Article 40, paragraph 1, item 2, under Article 40, paragraph 2 or under Article
41 when the grounds under Article 10 or 11 are present.

                                            Article 43

 (Amended, SG 42/01) (1) Prohibition to leave the Republic of Bulgaria shall be imposed to a
foreign national who:
1. has been convicted with effective sentence and has not served the imposed imprisonment;
2. has liabilities to the state or to the local government authorities which are established by the
respective central or local authorities under the procedure stipulated by law and which are not
duly secured;
3. has liabilities to Bulgarian legal or natural persons established by court order and which
are not duly secured.
(2) The measures under paragraph 1 shall also apply to foreign nationals who also have
Bulgarian citizenship.
(3) Leaving the Republic of Bulgaria by a foreign national below the age of 18 having
Bulgarian citizenship whose one of the parents is a Bulgarian national and has not presented a
written consent for his travel abroad shall be prohibited.

                                            Article 44

. (Amended, SG 42/01) (1) The coercive administrative measures shall be imposed by order
of a director of a national, territorial office of the Ministry of Interior, of the head of regional
border sector or by the head of Department "Identity Documents and Foreign Nationals". A
copy of the order shall be sent to the Agency for refugees with the Council of Ministers.
(2) The orders for withdrawal of the right of residence in the Republic of Bulgaria shall
specify the time limit for leaving the country, whereby upon expiration of the time limit the
foreign national shall be expelled from the country.
(3) The orders for imposing coercive administrative measures shall be carried out by the
services for administrative control of the foreign nationals, respectively by the border passport
control authorities upon their enforcement, unless the authority who has issued the order has
allowed preliminary execution.
(4) Subject to immediate execution shall be:
1. the orders for withdrawal of the right of residence in the Republic of Bulgaria due to the
presence of the circumstances under Article 10, paragraph 1, item 1;
2. the orders for imposing prohibition on entry into the Republic of Bulgaria due to the
presence of the grounds under Article 10, paragraph 1, item 1;
3. the expulsion orders.

                                                                            ЗЧРБ-ЦПР-2002/24 15
(5) When obstacles exist for the foreign national to leave the country immediately or to enter
another country the foreign national shall be obliged, by order of the authorities which issued
the order for imposing coercive administrative measure, to report daily in the relevant police
office according to the place of residence under a procedure laid down by the Rules for
implementation of the law, until the obstacles are removed.
(6) The authority which has issued the order for reconduction to the border of the Republic of
Bulgaria or for expulsion may, at its discretion, accommodate the foreign national in a special
establishment until the obstacles for the carrying out of the coercive administrative measure
are removed.

                                         Article 44a

 (New, SG 42/01) A foreign national on whom is imposed a coercive administrative measure
of expulsion shall not be expelled to a country where his life and freedom are endangered and
he is exposed to a danger of prosecution, torture or inhuman or humiliating treatment.

                                         Article 44b

  (New, SG 42/01) Where it is impossible to carry out immediate expulsion or reconduction of
the foreign national to the border or the carrying out of these measures should be postponed
due to legal or technical reasons the authority which has issued the order for imposing
coercive administrative measure shall postpone its fulfilment for a period until the obstacles
for its fulfilment are removed.
.
                                           Article 45

The costs relating to deportation of the foreign national from the country shall be at his
expense or at the expense of the person or the organisation which provided for his entry.

                                          Article 46

 (Amended, SG 42/01) (1) The orders for imposing coercive administrative measures may be
appealed under the terms and procedure of the Law on administrative procedures and the
appeal under administrative procedure shall be made before the Minister of Interior, and by
court order - before the respective district court.
(2) Subject to appeal by court order shall not be:
1. the orders for withdrawal of the right of residence in the Republic of Bulgaria due to the
presence of the grounds under Article 10, paragraph 1, item 1;
2. the orders for imposing prohibition on entry into the Republic of Bulgaria due to the
presence of the grounds under Article 10, paragraph 1, item 1;
3. the orders for expulsion.
(3) The orders under paragraph 2 shall not indicate the factual grounds for imposing coercive
administrative measure.
(4) The appeal against an order under paragraph 2 shall not suspend the execution of the
order.

                                         Article 46a

. (New, SG 42/01) The state authorities who exercise powers in connection with the terms and
procedure for entry, residence and leaving the Republic of Bulgaria by the foreign nationals

                                                                        ЗЧРБ-ЦПР-2002/24 16
shall co-operate with the competent authorities of other countries to fight the illegal migration
and in carrying out expulsion.


                                           Article 47

(Repealed, SG 42/01)

                                        Section II
                              Administrative penal provisions

                                           Article 48

 (1) A fine from 500 to 5 000 BGN shall be imposed on a foreign national who:
 1. has been expelled and enters the country;
 2. performs work, commercial and other activity without the respective permit;
 3. has resided in the country after the expiry of the residence validity.
 (2) The penalty under paragraph 1 shall be imposed also on natural persons who have hired to
work foreign nationals without the respective permit, and on the legal persons shall be
imposed property sanction of 20 000 BGN.
 (3) When the offences under paragraph 1 and 2 are repeated a fine shall be imposed from
1 000 to 10 000 BGN and on the legal persons shall be imposed a property fine of up to 40
000 BGN.

                                          Article 48a


 (New, SG 42/01) (1) A natural person who fails to fulfil his obligations under Article 28 shall
be fined with 200 to 2000 BGN.
(2) On a legal person who commits the offences under paragraph 1 shall be imposed a
property sanction from 500 to 5000 BGN.
(3) The penalties under paragraph 1 shall also be imposed on an employee of a sole trader or
legal person who commits or allows the commitment of an offence under paragraph 1 and 2.
(4) If the offences under paragraph 1 - 3 are committed repeatedly a fine of 500 to 5000 BGN
shall be imposed and on legal persons shall be imposed property sanction from 1000 to
10 000 BGN.

                                           Article 49

 (1) A fine of up to 3 000 BGN shall be imposed on a foreign national who:
 1. uses invalid foreign travel document or other substituting document;
 2. (Supplemented, SG 42/01) loses, damages or destroys Bulgarian identity document or
documents issued by the border passport control services;
 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. does not fulfil his obligations under Article 17, paragraph 2, 3 and 4 and of Article 30;
 5. gives or accepts as guarantee or concedes an identity document.
 (2) When the breaches under paragraph 1 are repeated a fine shall be imposed from 1 000 to
6 000 BGN and on legal persons shall be imposed a property sanction of 20 000 BGN.


                                                                         ЗЧРБ-ЦПР-2002/24 17
                                          Article 50


 (1) A fine of up to 500 BGN shall be imposed on a foreign national who:
 1. does not fulfil his obligations under Article 44, paragraph 3;
 2. has committed gross violations of the established order in the border control zone of the
border checkpoint;
 3. does not observe the term for transit through the country.
 (2) When the breaches under paragraph 1 are repeated a fine shall be imposed from 200 to
1 000 BGN.

                                          Article 51

 (1) A fine from 500 to 5 000 BGN shall be imposed on an official who does not fulfil his
obligations under Article 20 and on a legal person shall be imposed a property sanction from
10 000 to 20 000 BGN.
 (2) When the breach is for more than one person the fine under paragraph 1 shall be from
1 000 to 10 000 BGN and the property sanction - from 20 000 to 40 000 BGN.
 (3) Upon repeated breach the penalties shall be:
 1. in the cases under paragraph 1 – a fine from 5 000 to 20 000 BGN and property sanction
from 20 000 to 40 000 BGN;
 2. in the cases under paragraph 2 - a fine from 10 000 to 30 000 BGN and property sanction
from 30 000 to 60 000 BGN.

                                          Article 52

 (1) In the cases when for breach of this law and of the rules issued pursuant to it no other
sanction is provided, the guilty person shall be fined up to 500 BGN.
 (2) In insignificant cases a fine shall be imposed according to Article 39, paragraph 2 of the
Law on the administrative violations and sanctions.

                                          Article 53

 (1) The breaches of this law shall be ascertained with a statement drawn up by the authorities
of the Ministry of Interior and in the cases of Article 33, paragraph 2 - by the authorities of
the Ministry of Labour and Social Policy.
 (2) On the basis of the drawn up statements the Minister of Interior and the Minister of
Labour and Social Policy or officials appointed by them shall issue penalty provisions.
 (3) The drawing up of the statements, the issuing, appealing and execution of the penalty
provisions shall be implemented following the procedure of the Law on administrative
violations and sanctions.


                                    Additional provisions

§ 1. For the purposes of this law:
 1. "Family" shall be the spouses and their children under age if the latter have not contracted
a marriage.
 2. "Systematic breach" shall be when within 2 years the foreign national has committed more
than two offences.

                                                                         ЗЧРБ-ЦПР-2002/24 18
 3. (Supplemented, SG 42/01) "Valid foreign travel document or other substituting document"
shall be a document which is issued under the procedure provided by law of the respective
state, on which visa can be affixed and which entitles the foreign national to return to the
country where he comes from, to the country of origin or to a third country, the photo in it
allows to establish the identity of its holder, there are no corrections, striking off, deletions,
additions etc. in the data, there are no traces of replacement of the photo, the affixed seals are
clear, the image of the photo coincides with the appearance of the holder and the term of
validity has not expired.
 4. "Expulsion" shall be the compulsory escorting of a foreign national out of the borders of
the country within short time limit due to committed breaches or lack of grounds for residence
in it.
 5. "Services for administrative control of foreign nationals" shall be determined by an act of
the state authorities which have powers under this law.
 6. (New, SG 42/01) "Person of Bulgarian origin" shall be a person of whom at least one of
the ascending is Bulgarian.
 7. (New, SG 42/01) "Cases of extreme urgency" shall be when, due to deteriorated health
condition, death of a relative, or to other reasons, which have occurred not through foreign
national’s fault and which he would not be able to foresee and prevent, his remaining in the
territory of the Republic of Bulgaria is imperative.
 8. (New, SG 42/01) "School" shall be a general education institution within the meaning of
the legislation of the country where the school pupil is residing.
 9. (New, SG 42/01) " Activity as a self-employed person " shall be any activity carried out in
personal capacity without commitment to an employer or assignor.

§ 2. For issuing visas, residence permits and other documents under this law fees shall be
collected determined by an act of the Council of Ministers.

                              Transitional and final provisions

§ 3. This law shall repeal the Law on residence of foreign nationals in the Republic of
Bulgaria (published SG 93/72; amended SG 36/79, SG 17/87, SG 26/88, SG 53/89, SG 27/94,
SG 120/97, SG 11, 93/98).

§ 4. In Article 9, paragraph 2 of the Law on foreign investments (published SG 97/97;
corrected SG 99/97; amended SG 29/98) after the words "The Minister of Interior" shall be
added "or officials authorised by him".

§ 5. The Council of Ministers shall issue rules for the implementation of this law.

§ 6. The implementation of the law shall be assigned to the Minister of Foreign Affairs, the
Minister of Interior and the Minister of Labour and Social Policy.

 The law is passed by the 38th National Assembly on November 11, 1998 and on December
15, 1998 and is affixed with the official seal of the National Assembly.




                                                                          ЗЧРБ-ЦПР-2002/24 19

				
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