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New Regulation for application of the Foreigners in the Republic of Bulgaria Act has been adopted by the Bulgarian Government
The Council of Ministers adopted new Regulation for application of the Foreigners in the Republic of Bulgaria Act, which entered into force as of July 5, 2011.
The new Regulation abrogates the old Regulation and has been adopted as a result of the fundamentally amended Foreigners in the Republic of Bulgaria Act, which entered into force as of February 1, 2011.
The new regulation introduces a requirement to hold minimum personal financial resources for subsistence and accommodation at 50 euros or the equivalent in other currency per day ONLY for foreigners who reside in the Republic of Bulgaria short or transit. Minimum own funds to leave the state has been reduced to 200 euros or their equivalent in another currency instead of 300 euros.
For a first time has been settled a procedure for extension of residence in the Republic of Bulgaria on serious personal reasons, reasons of emergency or humanitarian character, when a foreigner has entered into Bulgaria with a valid visa or without a visa. The documents that the foreigner must submit to the Migration Department or other competent authority for an extension before the expiry of the valid visa are listed in detail.
New Aspects of the regulation of continued residence of foreigners:
- Provides a detailed procedure for granting permission for continued residence in Bulgaria /to bring together the family/ of family members of foreigners who have already received a permit for continuous, long-term or permanent residence and foreigners authorized to long stay in another EU Member State or holder of EU blue card. This application must be submitted by the foreigner, who has been already allowed continued residence for at least 1 year from the Migration Directorate.
- The necessary documents which must be submitted by foreigners to any of the grounds under Art. 24 - Art.24c FRBA are listed in detail;
- Upon initial application shall be compulsory presented by the foreigner Certificate of conviction issued by the State of nationality of the foreigner incl. the family member of the foreigner;
Regulation of long-term residence of foreigners introduced by the amendments to the Foreigners in the Republic of Bulgaria Act in force as of January 28, 2011.
- Upon application for this type of residence is not required the submission of criminal records, but are required evidence of provided housing, medical insurance, valid for the territory of Bulgaria, sufficient means of subsistence for at least one year.
- It is settled the procedure for obtaining long-term stay permit of foreign holders of an EU Blue Card, as well as family members of these foreigners;
- The term for submitting the application is at least 3 months before expiration of authorized stay in the country, the deadline for answering is also 3 months with possible extension for another two months in case of legal and factual complexity;
- The procedure and documents required to restore the right of long – term residence are settled in detail;
New Aspects of the regulation of the permanent residency of foreigners:
- Upon initial application it is required submission of a Certificate of conviction of the foreigner;
- It is required the foreigner to provide evidence of ensured housing (document of ownership or lease) and sufficient means of subsistence, but not less than minimum wage or minimum pension in the country;
- The application for obtaining permanent residence shall be submitted no later than three months before expiration of authorized stay in Bulgaria or not later than 2 months before the expiry of the visa issued. The deadline for ruling in both cases is up to 3 months, but in case of factual and legal complexity or need of extra documents the term may be extended by two months;
- The necessary documents, which must be submitted by foreigners to any of the grounds for obtaining permanent residence under Article 25- Art.25b of FRBA are listed in detail;
Rules of residence of foreigners in the Republic of Bulgaria for the purposes of highly qualified employment.
- The foreigner must provide mandatory health insurance valid for the territory of the Republic of Bulgaria, if not health insured according to the Bulgarian Law.
- Employment Agency shall be obliged to send ex officio to the Migration Directorate written authorization of the employment of highly skilled foreigner, which applies to the application;
- The deadline for submitting the application is no later than 7 days before the expiration of authorized stay in the country and shall be resolved within 7 days.
- Upon obtaining this type of residence the foreigner is granted a residence permit type "EU Blue Card" after a standard form;
- The procedure and necessary documents for prolongation of the residence permit of the family members of foreigners holding a "EU Blue Card" is also settled in detail;
- It is also regulated the procedure incl. necessary documents for obtaining residence permit and work type "EU Blue Card" when the foreigner has already obtained "EU Blue Card" in another EU Member State, as well as the procedure for obtaining residence permit of his family members with purpose of family reunification.
With the new Regulation are approved new samples of applications, invitation-declaration, address card of a foreigner as it is expressly indicated that the documents presented by foreigners must be in orignal or notarized copies.
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