Login
Law of the Republic of Bulgaria on Foreigners (1998, as amended 2002) (English)
LAW ON FOREIGNERS IN THE REPUBLIC OF BULGARIA
Prom. SG 153 1998; Amend. SG 70 1999; Amend. and suppl. 42 2001; Amend. and suppl., SG 112 2001;Amend., SG 45 2002;
Chapter I: GENERAL PROVISIONS
Article 1.
This law shall determine the conditions and the order at which the foreigners can enter, stay and leave the Republic of Bulgaria as well as their rights and obligations.
Article 2.
(1) Foreigner in the sense of this law shall be any person who is not a Bulgarian citizen.
(2) (Amend., SG 42/01) Foreigner shall also be a person without citizenship who is not considered citizen of any country in compliance with its legislation and who has an official
document certifying this quality.
Article 3.
(1) The foreigners in the Republic of Bulgaria shall have all rights and obligations according to the Bulgarian laws and the ratified international agreements to which the Republic of Bulgaria is a party except these for which Bulgarian citizenship is required.
(2) For foreigners using diplomatic or consular immunity shall also be applied the general accepted standards of the international and consular law and the ratified international agreements to which the Republic of Bulgaria is a party.
Article 4.
The foreigners staying 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 the prestige and dignity of the Bulgarian people.
Article 5.
The foreigners working in the Republic of Bulgaria on the basis of issued permission by the competent bodies shall have the rights and the obligations of the Bulgarian citizens as far as no other is provided in the international agreements to which the Republic of Bulgaria is a party.
Article 6.
The foreigners staying in the Republic of Bulgaria shall bear civil, administrative and punitive responsibility as the Bulgarian citizens as far as in a special law or in an international agreement to which the Republic of Bulgaria is a party no other is provided.
Article 7.
The status of the foreigners refugees shall be determined with a special law.
Chapter II: ENTERING OF FOREIGNERS IN THE REPUBLIC OF BULGARIA
Article 8.
(1) A foreigner shall be able to enter in the Republic of Bulgaria if he has valid document for travel abroad or other substituting document as well as visa for entering, stay or for transit passing through the country when such is required.
(2) Visas shall not be required when between the Republic of Bulgaria and the country which citizen is the foreigner there is a concluded agreement or there is an act of the Council of Ministers of the Republic of Bulgaria for visa free regime.
(3) (New, SG 42/01) Not required shall be visas for a short-term stay or transit passing by foreigners, legally staying in a country with whom the Republic of Bulgaria has established a non-visa regime, if they are students travelling within the frames of a school trip and accompanied by a teacher who has a list of the students, issued by the respective school. The list shall contain:
1. data individualising each participant in the trip;
2. purpose of the trip;
3. recent photo of every student who has no regular document for travelling abroad or other substituting document according to the legislation of the country from which he comes.
(4) (New, SG 42/01) Visa shall not be required from a foreign citizen who also has Bulgarian citizenship, upon presentation of his foreign document for travelling and a personal card under art. 13, para 1, item 1 of the Law for the Bulgarian identification documents.
(5) (New, SG 42/01) Refused to a foreigner under para 3 can be entry in the country for lack of some of the legally established grounds for entry or stay in the Republic of Bulgaria.
Article 9.
(1) (Amend., SG 42/01) The visa shall be a permission for entering, stay or for transit passing through the territory of the Republic of Bulgaria.
(2) The type of the visas shall be determined by the purpose of the visit, by the number of the permitted entries, by the term for which they are issued and by the place of issuance.
(3) The visas shall be:
1. for airport transfer;
2. for transit passing;
3. for short term stay;
4. group;
5. for long term stay.
6. issued at the border.
(4) The term for stay in the country on the basis of a visa shall not exceed 90 days.
(5) Visas shall be issued by the diplomatic and consular representations of the Republic of Bulgaria, and those for long-term stay shall be issued upon coordination with the offices for
administrative control of the foreigners.
(6) As an exception, when required by the state interest, by extraordinary circumstances or by humanitarian reasons, as well as in the cases admitting no delay, or if so stipulated by a ratified international agreement in force for the Republic of Bulgaria, the bodies of border passport control at the border control checkpoints can, in coordination with the offices for administrative control of the foreigners, or with directorate "Consular relations" of the
Ministry of Foreign Affairs, issue single entry visas for:
1. airport transfer;
2. transit passing;
3. short term stay for a period of 10 days.
(7) The conditions and the order of issuing visas shall be determined by the Council of Ministers.
Article 10.
(1) The issuing of visa and entering in the country shall be refused to a foreigner when:
1. with his activities he has put in danger the security or the interests of the Bulgarian state or about whom there are data that he acts against the security of the country;
2. with his activities he has discredited the Bulgarian state or has derogated the prestige and the dignity of the Bulgarian people;
3. there are data that he is a member of a criminal group or organisation or that he implements terrorist activity, smuggling and illegal transactions with arms, explosives, ammunitions,
strategic raw materials, goods and technologies with possible double use as well as illegal traffic of anaesthetic and psychotropic substances and precursors and raw materials for their production;
4. there are data that he implements trade with people and illegal bringing persons in the country and bringing out of the country persons to other states;
5. he has been expelled from the Republic of Bulgaria sooner than 10 years ago and has not restored in 6 months term after the expel the funds spent for this by the country;
6. he has committed premeditated crime on the territory of the Republic of Bulgaria which according to the Bulgarian legislation is to be punished with more than 3 years imprisonment;
7. he has made an attempt to enter the country or to pass through it using false or forged documents;
8. it could be supposed that he will disseminate 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 for public health or when he does not have a certificate for
vaccination, or comes from a region with complicated epidemic or epizootic situation;
9. he has no ensured maintenance and the necessary obligatory insurances during stay in the country and funds ensuring opportunity for returning back;
10. at previous entering and stay he has systematically breached the border, the passport -visa, the currency or the customs regime of the Republic of Bulgaria;
11. at previous stay he has breached the labour or tax legislation of the country;
12. he has no visas or tickets for the following countries along the route;
13. to the person has been imposed compulsory administrative measure not to enter the country and this measure is in force;
14. (amend., SG 42/01) he is included in the informational massif of the unwelcome foreigners in the country, maintained by the Minister of Interior and by the Minister of Foreign Affairs.
15. (New, SG 42/01) applies for an entry visa by a document for final leaving of the territory of another country where he has stayed by this moment.
(2) The issuing of visa shall also be refused to a foreigner who does not present the necessary documents determined with an act of the Council of ministers, certifying the grounds for entering in the country.
Article 11.
It shall be possible to be refused the issuing of visa to a foreigner when:
1. there are data that he wants to enter the country in order to commit a crime or breach of the public order;
2. at previous stay in the country he has committed breach of the public order;
3. his entering in the country could hamper the relations of the Republic of Bulgaria with another state;
4. there are data that the purpose of the entering is to stay in the country as immigrant without having special permission for such entry;
5. there are data that the purpose of the entering is to use the country as transit point for migration to third country.
6. (New, SG 42/01) during a previous stay in the country he has been dependant upon social support provided by the state;
7. (New, SG 42/01) he is not in position to substantiate reliably the declared purpose of travel.
Article 12.
(1) (Amend., SG 42/01) Visa for airport transfer shall be issued to a foreigner who travels with aircraft, transfers the flight in the Republic of Bulgaria and continues his trip by the next flight along the route.
(2) (Suppl., SG 42/01) A foreigner possessing visa for airport transfer shall be considered as not admitted to the country and his document for travel abroad shall be taken by the bodies for
border passport control till his departure.
Article 13.
(Amend., SG 42/01) A visa for transit passing shall be issued to a foreigner who enters in the Republic of Bulgaria from one country and leaves the country within 24 hours en route to another country.
Article 14.
(Amend., SG 42/01) Visa for short term stay shall be issued to a foreigner who enters the country one time or repeatedly for a period of 90 days within 6 months considered from the date of the first entry. The multiple visa for a short-term stay can be valid for a period of up to one year, unless provided otherwise by international agreements in force for the Republic of Bulgaria or by an act of the Council of Ministers.
Art. 14a.
(New, SG 42/01) Groups visa shall be issued for transit passing or for right of stay for up to 30 days to foreigners - citizens of one country, who have formed the group before their departure, hold a group passport and on condition that they enter, stay and leave the
territory of the Republic of Bulgaria as a group.
Article 15.
(1) (Amend., SG 42/01) Visa for long term stay shall be issued to a foreigner who wishes to settle for a continuous period or permanently in the country on one of the grounds under art. 24 and 25.
(2) (New, SG 42/01) The visa for a long term stay shall entitle the foreigner to a single entry in the country with the right of stay up to 90 days. The validity of this visa cannot exceed 6 months.
(3) (prev., para 2 - amend., SG 42/01)The restriction of the stay of para 2 shall be applied till receiving a permission for long term stay by the services for administrative control of foreigners.
Article 16.
(1) The possession of visa cannot be the only ground giving to the foreigner right to enter in the Republic of Bulgaria.
(2) (Suppl., SG 42/01) The bodies for border passport control shall not admit the entering in the country of a foreigner in the cases of art. 10.
(3) The bodies of para 2 shall be able not to admit the entering in the country of a foreigner possessing a visa in the cases of art. 11.
(4) (Suppl., SG 42/01) The bodies of para 2 of the services for administrative control of foreigners shall be able to cancel an issued visa or reduce the term for stay of a foreigner in the country determined with the issued visa at non fulfilment of the requirements of this law.
(5) (New, SG 42/01) In the cases under para 2 the bodies of border passport control shall cancel the issued visa, informing about it immediately the Ministry of Foreign Affairs.
Article 17.
(1) The entering of a foreigner in the Republic of Bulgaria shall be done through the determined for this border check points.
(2) (Suppl., SG 42/01) A foreigner who carries more than one personal document for travel abroad or carries such documents of third persons shall be obliged to announce them before
the bodies for border passport control.
(3) (Suppl., SG 42/01) A foreigner with more than one citizenship shall be obliged to declare before the bodies for border passport control the citizenship which he will resort to during the stay in the country and to certify this with a valid document for travel abroad from the country which citizenship he has declared.
(4) A foreigner with more than one valid document for travel abroad shall be obliged to leave the country with the document with which he has entered.
(5) The provision of para 4 shall refer also to Bulgarian citizens having also other citizenship.
Article 18.
(Amend., SG 42/01) At entering in the Republic of Bulgaria the foreigner shall declare the purpose of his visit.
Article 19.
(1) A foreigner who enters in the Republic of Bulgaria or passes transit must have:
1. the necessary financial resources for maintenance;
2. the necessary financial resources for leaving the country;
3. entrance visa or transit visa for the country which wants to visit or through which wants to travel if such is necessary;
4. obligatory insurances determined with an act of the Council of Ministers.
(2) The extent of the resources of para 1 and 2 shall be determined with an act of the Council of Ministers.
Article 20.
(Amend., SG 42/01) The officers of the air companies, the tourist and transport companies or other representation transporting to and/or from the Republic of Bulgaria foreigners or Bulgarian citizens shall implement the service after they have checked:
1. the validity of the documents of the foreigners for travel abroad, and regarding the Bulgarian citizens - also the presence of visas for the countries which the persons wish to visit or through which they wish to pass, if so required;
2. the observing of the requirements of art. 19, para 1, item 3;
3. the observing of the other requirements of this law.
Article 21.
(1) a foreigner who with a transport means enters, stays or passes transit the country on road, in the air or on water must have:
1. permission for passing of the transport means when such is required according to the Bulgarian legislation and the international agreements to which the Republic of Bulgaria is a party;
2. documents certifying the registration of the transport means;
3. documents certifying the ownership of the transport means if this is not ascertained in the documents of item 2;
4. obligatory insurance;
5. documents for driving competence.
(2) Transport means shall not be admitted to enter in the country if the grounds of para 1, item 1, 4 and 5 are not at hand.
(3) (Suppl., SG 42/01) The bodies for border passport control shall keep the transport means and the documents if the grounds of para 1, item 2 and 3 are not fulfilled, about which a record shall be compiled, a copy of which shall be handed over to the foreigner. The record and the documents shall be sent to the customs bodies of competence.
(4) A foreigner having valid documents for entering the country but without such for the transport means of para 1 shall be admitted to enter the country.
Article 21a.
(New, SG 42/01) (1) The Minister of Interior, the Minister of Foreign Affairs or officials authorised by them can periodically include foreigners in the informational massif designated for foreigners unwelcome in the country in the presence of the grounds under art. 10 and 11.
(2) The conditions and the order of maintaining and updating the informational massif under para 1 shall be determined by the Minister of Interior and by the Minister of Foreign Affairs.
Chapter III: STAY OF THE FOREIGNERS IN THE REPUBLIC OF BULGARIA
Article 22.
(1) The stay of foreigners in the Republic of Bulgaria shall be implemented on the basis of:
1. issued visa of art. 9, para 3;
2. international agreements for visa free regime or alleviated visa regime;
3. permission by the services for administrative control of foreigners.
(2) The foreigners entered the country according to the lawful order shall be able to extend the term of their stay with a permission by the services for administrative control of foreigners.
(3) The permission of para 2 for the foreigners who use diplomatic and consular immunity shall be issued by the Ministry of Foreign Affairs.
Article 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.
Article 24.
(1) A permission for long stay shall be able to receive the foreigner who:
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) 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;
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. have grounds to have permitted permanent stay or have married with a Bulgarian citizen or 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. are financially ensured parents of foreigners with permanent stay in the country;
8. have started long treatment in a health 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. implement activity under the Law for the foreign 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) are parents of a foreigner who has obtained a permit for continuous stay on the grounds of art. 28, para 5;
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.
(2) The persons of para 1 shall have ensured home, maintenance, obligatory insurances 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.
Article 24a.
(New, SG 42/01; amend., SG 112/01) (1) 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 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 free-lance
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.
Article 25.
Permission for permanent stay shall be possible to receive the foreigners:
1. of Bulgarian ethnic origin;
2. two years after the marriage with a Bulgarian citizen or with a foreigner staying permanently in the country;
3. small or below age children of Bulgarian citizen or 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. stayed on legal grounds without interruption on the territory of the country during the last 5 years the term of stay permitted under art. 24, para 1, item 3 being not recognised;
6. invested in the country over 250 000 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.
Article 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.
Article 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) 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 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) The data under para 4 can be established by statements of the concerned of third persons, by documentary means or by investigation and check up carried out by the
state bodies. The offices for administrative control of the foreigners shall obligatorily hear out the concerned persons.
Article 27.
(1) 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 urgent cases and to those married with Bulgarian citizen.
(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.
Article 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.
Article 28.
(Amend., SG 42/01) (1) A foreigner having entered the territory of the Republic of Bulgaria shall be obliged, within 48 hours after their entry in the country, to declare in writing the address at which he stays before the services for administrative control of foreigners at the place of their stay.
(2) By the order and within the period under para 1 the foreigner shall be obliged to inform the office for administrative control of the foreigners at the place of his stay about every change of the address at which he stays.
(3) An individual or a corporate body who has provided shelter for a foreigner shall, within 48 hours from providing the shelter, inform about this circumstance in writing the office for administrative control of the foreigners at his location, announcing the name, the date of birth, the citizenship, the number and the series of the identification document of the foreigner.
(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 foreigners shall
be submitted daily by this person by 6 a.m. to the office for administrative control of the foreigners or at the regional police department at the location of the hotel.
(5) The foreigners 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 stay in the Republic of Bulgaria of the persons under para 5 shall not be included in the period necessary for obtaining permit for stay or for acquiring Bulgarian citizenship by naturalisation.
Article 28a.
(New, SG 42/01) (1) Permitted to a foreigner under 18 years of age, who has entered the country on legal grounds without an escort - a parent or another person of age, responsible for him by virtue of a law or tradition, or with an escort by whom he has been left and he has not requested refugee status, can be extension of the stay on the territory of the Republic of Bulgaria. The real and the legal activities related to the obtaining of permit shall be carried out by the Agency for the refugees.
(2) The State Agency for protection of the child shall temporarily provide for the foreigners under para 1 the necessary material support and care for meeting their basic vital needs, medical care and due guardianship and representation, as well as access to free education in Bulgarian state and municipal schools until the final settlement of the issue of their stay in the country, but not after the completion of 18 years of age.
(3) In the cases when the foreigners under para 1 are not permitted extension of the stay on 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 delivery and acceptance with the Republic of Bulgaria, on condition that their life and freedom are not threatened there and they are not exposed to danger of prosecution, torture or inhuman or humiliating attitude.
Article 29.
The foreigners who stay long term in the Republic of Bulgaria shall certify their identity by an order determined with a law.
Article 30.
A foreigner who's document for travel abroad or substituting document is lost or demolished shall be obliged immediately to notify about this the services for administrative
control of foreigners.
Article 31.
(1) The documents of a foreigner for travel abroad may be temporarily confiscated:
1. by the relevant bodies of judicial authority conducting a punitive procedure for a committed crime of general character;
2. by the relevant officials at the time of accommodation in the places for implementation of the penalty of imprisonment;
3. by the bodies of the Ministry of Interior when there is well-founded doubt that the documents are false of forged;
4. by the bodies of the Ministry of Interior when an order for expulsion has been issued, forceful escorting to the border or extradition from the country;
5. by the bodies of the Ministry of Interior in the cases of art. 12, para 2;
6. by the bodies of the Ministry of Interior in the cases of foreigners returned from another country.
(2) In the cases of para 1, items 1, 2 and 3 the officers taken the documents of the foreigner shall compile a record on the basis of which the services for administrative control of foreigner issue temporary document certifying the identity of the person.
(3) The document for travel abroad shall be given back to the foreigner when the grounds for temporary taking away fall away.
(4) The document for travel abroad shall not be possible to be taken away from foreigners using diplomatic immunity in the Republic of Bulgaria except other is provided in the international agreements to which the Republic of Bulgaria is a party.
Article 32.
The document for travel abroad shall not be possible to be given or accepted as pawn as well as to be conceded or used by another person.
Article 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.
Chapter IV: LEAVING OF THE REPUBLIC OF BULGARIA BY FOREIGNERS
Article 34.
Any foreigner shall be obliged to leave the country till the elapse of the term of his stay.
Article 35.
(1) A foreigner staying for a short term who's document for travel abroad has been substituted with a new one shall be able to leave the country after notifying about this the services for administrative control of foreigner except other is provided in an international agreement to which the Republic of Bulgaria is a party.
(2) A foreigner who has permission for long stay shall be able to leave the country and to return back without a visa till the elapse of the permitted term for stay.
(3) A foreigner who has permission for permanent stay shall be able to leave the country and to return back without a visa.
Article 36.
The foreigners shall be able to leave the Republic of Bulgaria through the places determined for this on the basis of documents for travel abroad and other substituting documents giving them the right to leave the country.
Article 37.
A foreigner shall not be able to leave the country if for him there is undertaken compulsory administrative measure for not leaving.
Art. 38.
A foreigner who with a transport means leaves the Republic of Bulgaria on road, in the air or on water shall possess the documents of art. 21, para 1, items 2 and 3, as well as permission for export of the transport means if this is necessary.
Article 39.
The handing over of a foreigner for committed crime shall be implemented under the conditions and by the order established by the Bulgarian laws and the international agreements to which the Republic of Bulgaria is a party.
Chapter V: MEASURES FOR ADMINISTRATIVE COMPULSION
Section I. Compulsory administrative measures
Article 39a.
(New, SG 42/01) The compulsory administrative measures imposed to the foreigners according to this law are:
1. revoking the right of stay in the Republic of Bulgaria;
2. compulsory taking 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.
(Amend., SG 42/01) (1) The revoking of the right of stay of a foreigner in the Republic of Bulgaria shall be imposed when:
1. the grounds of art. 24, para 1, and art. 25, item 2 and 6 have been dropped;
2. the grounds of art. 10 and 11 are present;
3. it is established that the data presented for its obtaining are untrue;
4. the marriage is terminated before the elapse of 5 years from its contracting in the cases under art. 25, item 2;
5. within one year after the permission the foreigner has not settled and is not on the territory of the country except the cases of art. 25, item 6.
6. it is established that the foreigner has not stayed on the territory of the Republic of Bulgaria during the preceding calendar year for at least 6 months and one day.
(2) Revoking of the right of stay of a foreigner in the Republic of Bulgaria can be imposed in the presence of the grounds under art. 11.
Article 41.
(Amend., SG 42/01) Compulsory taking to the border of the Republic of Bulgaria shall be imposed when:
1. the foreigner cannot certify his entering in the country according to the legal order;
2. the foreigner does not leave the country till the expiration of the permitted term or in 7 days term after the notification about the refusal the stay to be extended;
3. it is established that the foreigner has entered and stays in the country with false or forged document for travel abroad or substituting document.
Article 42.
(Amend., SG 42/01) Expulsion of a foreigner shall be imposed when his presence in the country creates a serious threat for the national security or for the public order.
(2) By imposing the compulsory administrative measure under para 1 shall be withdrawn the right of stay of the foreigner in the Republic of Bulgaria and shall be imposed a prohibition of
entering the Republic of Bulgaria.
Article 42a.
(New, SG 42/01) Prohibition of entry in the Republic of Bulgaria shall be imposed when the grounds under art. 10 are present.
(2) Prohibition of entry in the Republic of Bulgaria can be imposed when the grounds under art. 11 are present.
(3) The prohibition of entry in the Republic of Bulgaria shall be valid for a period of 10 years.
(4) The prohibition of entry can be imposed simultaneously with the compulsory administrative measure under art. 40, para 1, item 2, under art. 40, para 2 or under art. 41 when the grounds under art. 10 or 11 are present.
Article 43.
(Amend., SG 42/01) (1) Prohibition to leave the Republic of Bulgaria shall be imposed to a foreigner who:
1. has been convicted by an enacted sentence and has not served the imposed imprisonment;
2. has liabilities to the state or to the bodies of local independent government which are established by the respective central or local bodies according to the order stipulated by the law and which are not duly secured;
3. (Amend., SG 45/02) has liquid and exigible [issuable, executable ? - leglislationline ed.] liabilities to the state of over 5000 levs, or who is a member of the control or managing bodies of corporate bodies who have liquid and exigible [issuable, executable ? legislationline - ed] liabilities to the state of over 5000 levs which are not duly secured.
(2) The measures under para 1 shall also apply to foreigners who also have Bulgarian citizenship.
(3) Prohibited is the leaving of the Republic of Bulgaria of a foreigner under 18 years of age
having Bulgarian citizenship of whom one of the parents is Bulgarian citizen and he has not presented a written consent for his travelling abroad.
Article 44.
(Amend., SG 42/01) (1) The compulsory administrative measures shall be imposed by an order of a director of a national, territorial office of the Ministry of Interior, of a head of regional border sector of by the head of Department "Identification documents and
foreigners". A copy of the order shall be sent to the Agency for the refugees at the Council of Ministers.
(2) The orders for withdrawal of the right of stay in the Republic of Bulgaria shall determine the term of leaving the country, upon whose expiration the foreigner shall be taken out of the country by compulsion.
(3) The orders for imposing compulsory administrative measures shall be carried out by the offices for administrative control of the foreigners, respectively by the bodies for border passport control upon their enactment, unless the body who has issued the order has admitted preliminary fulfilment.
(4) Subject to immediate fulfilment shall be:
1. the orders for withdrawal of the right of stay in the Republic of Bulgaria for the presence of the circumstances under art. 10, para 1, item 1;
2. the orders for imposing prohibition of entry into the Republic of Bulgaria for the presence of the grounds under art. 10, para 1, item 1;
3. the expulsion orders.
(5) When obstacles exist for the foreigner to leave the country immediately or to enter another country the foreigner shall be obliged, by an order of the bodies which has issued the order for
imposing compulsory administrative measure, to appear daily in the police office at the place of his stay by an order determined by the regulations for implementation of the law, until the obstacles are dropped.
(6) The body which has issued the order for compulsory taking to the border of the Republic of Bulgaria or for expulsion can, by his judgement, accommodate the foreigner in a special home for a period until the dropping of the obstacles for fulfilment of the compulsory administrative measure.
Article 44a.
(New, SG 42/01) A foreigner with imposed compulsory administrative measure of expulsion shall not be expulsed to a country where his life and freedom are endangered and he
is subjected to a danger of prosecution, torture or inhuman or humiliating treatment.
Article 44b.
(New, SG 42/01) If there is impossibility of immediate expulsion or compulsory taking of the foreigner to the border or the fulfilment of these measures must be postponed due to reasons of legal or technical nature the body that has issued the order for imposing compulsory administrative measure shall postpone its fulfilment for a period until the dropping of the obstacles for its fulfilment.
Article 45.
The expenses for taking the foreigner out of the country shall be for his account or for the account of the person or the organisation ensured his entering.
Article 46.
(Amend., SG 42/01) (1) The orders for imposing compulsory administrative measures can appealed under the conditions and by the order of the Law for administrative procedures, as the appeal by administrative order 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 stay in the Republic of Bulgaria for presence of the grounds under art. 10, para 1, item 1;
2. the orders for imposing prohibition of entry into the Republic of Bulgaria for presence of the grounds under art. 10, para 1, item 1;
3. the orders for expulsion.
(3) The orders under para 2 shall not indicate the factual grounds for imposing compulsory administrative measure.
(4) The complaint against an order under para 2 shall not stop the fulfilment of the order.
Article 46a.
(New, SG 42/01) The state bodies exercising authorised activities in connection with the conditions and the order of entering, stay and leaving the Republic of Bulgaria by the foreigners shall interact with the competent bodies of other countries in the fight against the
illegal migration and in carrying out expulsion.
Article 47. (Revoked, SG 42/01)
Section II. Administrative punitive provisions
Article 48.
(1) With a fine from 500 to 5 000 lv shall be punished a foreigner who:
1. has been expelled and enters the country;
2. without the corresponding permission implements working, commercial and other activity;
3. has stayed in the country after the elapse of the term of stay.
(2) The penalty of para 1 shall be imposed also to individuals who have hired to work foreigners without the corresponding permission, and to the corporate bodies shall be imposed proprietary sanction of 20 000 lv.
(3) When the breaches of para 1 and 2 are done for second time the imposed fine shall be
from 1 000 to 10 000 lv and to the corporate bodies up to 40 000 lv.
Article 48a.
(New, SG 42/01) (1) (Suppl., SG 112/01) Fined with 200 to 2000 levs shall be an individual who does not fulfil his obligations under art. 24a or art. 28.
(2) A corporate body who commits the offences under para 1 shall be punished by proprietary sanction from 500 to 5000 levs.
(3) The penalties under para 1 shall also be imposed on an employee of a sole entrepreneur or corporate body who commits or admits the commitment of offence under para 1 and 2.
(4) If the offences under para 1 - 3 are committed repeatedly a fine of 500 to 5000 levs shall be imposed and to corporate bodies shall be imposed proprietary sanction from 1000 to 10 000 levs.
Article 49.
(1) With a fine up to 3 000 lv shall be punished a foreigner who:
1. uses invalid document for travel abroad or other substituting document;
2. (suppl., SG 42/01) loses, damages or demolishes Bulgarian identity document or documents issued by the services for border passport control;
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 implement his obligations of art. 17, para 2, 3 and 4 and of art. 30;
5. gives or accepts as pawn or concedes identity document.
(2) When the breaches of para 1 are done for second time shall be imposed fine from 1 000 to
6 000 and to the corporate bodies shall be imposed proprietary sanction of 20 000 lv.
Article 50.
(1) With a fine up to 500 lv shall be punished a foreigner who:
1. does not fulfil his obligations of art. 44, para 3;
2. has gravely violated the established order in the zone of border control of a border check point;
3. does not observe the term for transit passing through the country.
(2) When the breaches of para 1 are done for second time shall be imposed a fine from 200 to
1 000 lv.
Article 51.
(1) With a fine from 500 to 5 000 lv shall be punished an official who does not fulfil his obligations of art. 20 and to a corporate body shall be imposed proprietary sanction from
10 000 to 20 000 lv.
(2) When the breach is for more than one person the fine of para 1 shall be from 1 000 to 10 000 lv and the proprietary sanction - from 20 000 to 40 000 lv.
(3) The second penalties shall be:
1. in the cases of para 1 - fine from 5 000 to 20 000 lv and proprietary sanction from 20 000 to 40 000 lv;
2. in the cases of para 2 - fine from 10 000 to 30 000 lv and proprietary sanction from 30 000 to 60 000 lv.
Article 52.
(1) In the cases when for breach of this law and of the regulation promulgated pursuant to it no other sanction is provided, the guilty one shall be punished with a fine up to 500 lv.
(2) In insignificant cases shall be imposed a fine according to art. 39, para 2 of the Law on administrative breaches and penalties.
Article 53.
(1) (Suppl., SG 112/01) The breaches of this law shall be ascertained with an act compiled by the bodies of the Ministry of Interior and in the cases of art. 24a and art. 33, para
2 - by the bodies of the Ministry of Labour and Social Policy.
(2) on the basis of the compiled acts the Minister of Interior and the Minister of Labour and Social Policy or officials empowered by them shall issue punitive decisions.
(3) Th compilation of the acts, the issuing, appealing and implementation of the punitive decisions shall be implemented by the order of the Law for administrative breaches and penalties.
Additional provisions
§ 1. In the context of this law:
1. "Family" are the spouses and their children under age if the latter have not entered in a marriage.
2. "Systematic breach" is at hand when in 2 years the foreigner has committed more than two breaches.
3. (Suppl., SG 42/01) "Valid document for travel abroad or other substituting document" is the one issued by the lawfully established order of the corresponding state, on which visa can be affixed and which entitles the foreigner to return to the country from which he comes, to the country of origin or to a third country, the photo in it permits to be established the identity of its holder, does not contain corrections, crossing, deletions, additions etc. in the data, there
are no traces of changing of the photo, the seals are clear, the image of the photo coincides with the appearance of the holder and the term of validity has not elapsed.
4. "Expelling" is compulsory taking the foreigner out of the borders of the country in short
term due to committed breaches or due to lack of grounds for stay in it.
5. "Services for administrative control of foreigners" are normatively determined state bodies which have powers under this law.
6. (New, SG 42/01) "Person of Bulgarian origin" is a person of whom at least one of the ascending is Bulgarian.
7. (New, SG 42/01) "Cases brooking no delay" are present when, for reasons of deteriorated health condition, death of a relative, or for other reasons, occurred beyond the fault of the foreigner and which he would not be able to foresee and prevent, his remaining on the territory of the Republic of Bulgaria is imperative.
8. (New, SG 42/01) "School" is a general education establishment in the context of the legislation of the country where the student is staying.
9. (New, SG 42/01; amend., SG 112/01) "Free-lance activity" is every economic activity, with exception of the activities under art. 24a, para 1, item 2 and 11 carried out in personal quality without commitment to an employer.
§ 2. For issuing visas, permissions for stay and other documents of this law shall be collected fees determined with an act of the Council of Ministers.
Transitional and concluding provisions
§ 3. This law shall repeal the Law for stay of foreigners in the Republic of Bulgaria (prom. SG 93/72; amend. and suppl. SG 36/79, SG 17/87, SG 26/88, SG 53/89, SG 27/94, SG
120/97, SG 11, 93/98).
§ 4. In art. 9, para 2 of the Law for foreign investments (prom. SG 97/97; corr. SG 99/97; amend. SG 29/98) after the words "The Minister of Interior" shall be added "or officials empowered by him".
§ 5. The Council of Ministers shall issue regulation 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.