Recent changes in Bulgarian Foreigners Act

There has been amended some changes in Bulgarian Foreigners Act (March) but we couldn’t find time till now to discuss them. Some of them are very important when planning your stay in the country or are related to foreigners who have already issued residence permits.

Bulgarian Parliament

Bulgarian Parliament

Finally we are letting you know about in this short post.

Article 10. (1) shall be refused a visa or entry to a foreigner if:

(new – SG. 23 of 2013) there are reasonable doubts about the authenticity of the documents for the visa, the truth of their contents, the reliability of statements made ??by the alien or his intention to leave the country before the visa applied for.

What means “Reasonable Doubts”?

“Reasonable doubt” within the meaning of BFA (Bulgarian Foreigners Act) are doubts about the risk of illegal immigration as from interviews and documents presented to establish that the candidate uses whole trip as an excuse for illegal residence on the territory of the Republic of Bulgaria, or when there is a contradiction between the statements and the intention him to leave the country before the expiry of the visa applied for.

This norm gives substantial weight to the interviews of our diplomatic missions and offices for administrative control of foreigners who may refuse a visa, entry and residence, where justify reasonable doubts about the risk of illegal immigration. Time will tell us how it will enter into practice this new standard and how it will actually apply.

NEW OPTIONS HAS BEEN CREATED FOR OBTAINING CONTINUOUS (LONG-TERM) RESIDENCE:

Certificate for long term residence

Certificate for long term residence

Art. 24 Permission for continuous residence granted to foreign nationals who has issued visa D and

p.19 have invested an amount of not less than 600 000 lev (around 306 000 euro) – for every foreigner to acquire ownership of real estate in the Republic of Bulgaria or foreigner owns more than 50 per cent of the Bulgarian company, has invested same amount in the company and as a result the company has acquired ownership of real estate in the country of that value at the date of the application for permission for continuous residence, foreigner or legal person must be fully paid the amount to is credited to the account in the Bulgarian licensed credit institution if the properties are acquired with borrowed funds, the outstanding portion of the loan should not exceed 25 per cent;

p.20 have made an investment in economically disadvantaged areas within the meaning of the Law on Investment Promotion by importing capital of Bulgarian company of not less than 250,000 Levs, the alien is a partner or shareholder in registered shares and has no less than 50 percent of the company’s capital as a result of the investment acquired new tangible and intangible assets of not less than 250,000 Levs and revealed at least 5 jobs for Bulgarian citizens, maintained for the duration of residence certified by the Ministry of Economy, energy and Tourism.

These are two new options that weren’t possible before the change.

New provisions in Art. 25 Permanent residence permit may be granted to foreigners:

p.4 parents of Bulgarian citizens when they provide maintenance alimony and have resided legally and continuously for a period of three years in the country;

This new condition in fact will limit previous opportunity that provided them with right to get permanent residence immediately.

p.5 who have resided legally and continuously in the country for a period of 5 years and during this period have not been absent more than 30 months;

p.16  carried out investments in the country by importing capital of Bulgarian company of not less than 500 000 lev, the alien is a partner or shareholder in registered shares and has no less than 50 percent of the capital and as a result investing acquired new tangible and intangible assets of not less than 500 000 lev and revealed at least 10 jobs for Bulgarian citizens, maintained for the duration of the stay, certified by the Ministry of Economy, energy and Tourism.

One of the most important changes was made in Art. 27.

The norm has been canceled. So far the text limited the option foreigner entered a reason to continue their residence to another. Sharpening our readers’ attention as the new position offers tremendous advantages if failure to renew current grounds on which the foreigner has resided. Past practice had to leave the country and start a new process by asking issuing of a new  visa “D”. After the repeal of this provision the foreigner may extend it’s stay on basis of other grounds, if there is one and without leaving the country.

There are more changes but we will review it next time.

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