Law for entering, residing and leaving the republic of Bulgaria of European Union citizens and members of their families
(Extract)
Art. 1. (1) This law shall regulate the terms and order under which the European Union citizens and members of their families may enter, reside and leave the Republic of Bulgaria.
(2) This law shall also be applied to the citizens of countries – parties to the European Economic Area Agreement, the citizens of confederation Switzerland and the members of their families, who are not citizens of the European Union, the European Economic Area and confederation Switzerland, who, by virtue of international agreements concluded with the European Union, are entitled to free movement.
Art. 2. European Union citizen is a person, who is a citizen of a Member State of the European Union.
Art. 3. During their residence in the Republic of Bulgaria the European Union citizens and the members of their families, who are not citizens of the European Union, shall have all rights and obligations according to the Bulgarian legislation and the international agreements, to which the Republic of Bulgaria is a party, except the ones for which Bulgarian citizenship is required.
Right of entering and leaving the republic of Bulgaria
Art. 4. (1) European Union citizen shall enter and leave the territory of the Republic of Bulgaria with identity card or passport.
(2) A member of the family of European Union citizen, who is not an European Union citizen, shall enter and leave the territory of the Republic of Bulgaria with passport and visa, in case such is required. The visa shall be issued under conditions and by procedure, settled by the Council of Ministers, free of charge for processing the documents and issuing the visa.
(3) No visa shall be required in case the person under para 2 possesses a residence card, issued by a Member State of the European Union.
(4) At entering and leaving the Republic of Bulgaria stamp shall not be placed in the passport of family member, who is not an European Union citizen, provided that he/she presents a residence card for the territory of a Member State of the European Union.
(5) In event that an European Union citizen or a member of his/her family, who is not European Union citizen, has none of the documents under para 1 and 2, prior to undertaking actions for non-admission, he/she shall be given the opportunity to obtain the documents required or to certify by other means that he/she is entitled to free movement.
Types and terms of residence
Art. 6. (1) An European Union citizen shall reside in the Republic of Bulgaria with identity card or passport within a term of up to three months.
(2) A family member who is not European Union citizen shall reside in the Republic of Bulgaria with passport within a term of up to three months from the date of entry in the country.
Art. 7. (1) European Union citizen may reside in the Republic of Bulgaria durably or permanently, for which a certificate shall be issued by National Service “Police”.
(2) The durable residence is for a period of up to five years.
Art. 8. (1) The Durable residence certificate shall be issued to an European Union citizen, who meets one of the following requirements:
1. is a worker or self-employed person in the Republic of Bulgaria;
2. has health insurance and the financial resources required for covering the expenses with regard to their residence and the members of his/her family, without being a burden to the social support system; the amount of the financial resources shall be specified by act of the Council of Ministers;
3. is enrolled at an educational establishment for the purpose of studying, including vocational training, and meets the requirements under item 2.
(2) The Durable residence certificate shall also be issued to a family member of European Union citizen, who presents:
1. identity card or passport;
Art. 9. (1) For the issuance of a Durable residence certificate, the European Union citizen and his/her family members, who are citizens of the European Union, shall submit an application to the National Service “Police” in three months term from the date of entry in the Republic of Bulgaria.
(2) The European Union citizen shall attach to the application:
1. an identity card or passport;
2. in the cases under art. 8, para 1, item 1 and 2 and para 3 – documents, certifying the presence of the circumstances, and under art. 8, para 1, item 3 – an affidavit;
3. a document for paid state fee.
(3) Member of the family of European Union citizen, who is European Union citizen shall attach to the application:
1. an identity card or passport;
2. a document, certifying that he/she is a member of the family of the European Union citizen;
3. a document for paid state fee.
(4) The Durable residence certificate shall be issued on the date of submission of the application and shall contain the full names of the person and the date of registration.
Art. 20. The documents, issued to the European Union citizens and the members of their families, certifying their right of residence, shall only be valid in the territory of the Republic of Bulgaria.
Art. 21. (1) During their residence in the Republic of Bulgaria the European Union citizens and the members of their families shall establish their identity by identity card or passport and shall certify their right of residence by a certificate or a residence card.
(2) The persons are obliged to present the documents under para 1 upon request by the competent authorities.
Restriction on the right of entry and the right of residence
Art. 22. The right of entry and the right of residence of European Union citizen or member of his/her family in the Republic of Bulgaria may be restricted by exception and on grounds, connected with the national security, public order or public health.
Art. 23. (1) The compulsory administrative measures, imposed on European Union citizen or member of his/her family, shall be:
1. withdrawal of the right of residence in the Republic of Bulgaria;
2. expulsion;
3. ban on entry in the Republic of Bulgaria.
Art. 26. (1) Ban on entry in the Republic of Bulgaria shall be imposed on European Union citizen or member of his/her family, who creates actual threat to national security with regards to his/her actions, or for whom there is information that carries out actions against national security or public order.
(2) The ban on entry in the Republic of Bulgaria shall be valid for a term of up to ten years.
(3) Simultaneously with the ban on entry, the right of residence may be deprived.
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