Law Amending And Supplementing The Law On Foreigners In The Republic Of Bulgaria

Original Language Title: Закон за изменение и допълнение на Закона за чужденците в Република България

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Name of law Law amending and supplementing the law on foreigners in the Republic of Bulgaria Named Bill a bill amending and supplementing the law on foreigners in the Republic of Bulgaria date of acceptance 26/02/2013 number/year Official Gazette 23/2013 Decree No 39

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on foreigners in the Republic of Bulgaria, adopted by the National Assembly of the HLI 26 February 2013.

Issued in Sofia on February 28, 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

amending and supplementing the law on foreigners in the Republic of Bulgaria (promulgated, SG. 153 of 1998; amend., SG. 70 (1999), no. 42 and 112 of 2001, 45/54 and 2002/37 and 103 of 2003 No. 37 and 70 by 2004, issue 11, 63 and 88 of 2005, no. 30 and 82 of 2006. , PC. 11, 29, 52, and 63 of the 109 2007, PCs. 13, 26, 28 and 69 since 2008, PCs. 12, 32, 36, 74, 82, 93 and 103 of 2009, PCs. 73 by 2010, PC. 9 and 43 from 2011, issue. 21 and 44 by 2012 and St. 16/2013)

§ 1. In art. 2 make the following amendments and additions:

1. In paragraph 8. 4, the words "that were entirely dependent on them in the country of origin or in the country of their habitual residence and" shall be deleted and add "or due to such reasons are objectively unable to provide for their own subsistence.

2. in the Al. 6:

(a)) in the text before paragraph 1 the word "dwelling" is replaced by "household";

(b)) in item 5, the Union "and" is replaced by "or".

§ 2. Article 7 is amended as follows:

"Art. 7. detailed rules for the provision of special protection of foreigners on the territory of the Republic of Bulgaria shall be defined with a special law. "

§ 3. In art. 9 in, al. 3 creating the second sentence: "the conditions and procedures for coordination of the national position of the Republic of Bulgaria on the recognition or non-recognition of travel documents shall be determined by decision of the Council of Ministers."

§ 4. In art. 9 d the following amendments and additions:

1. Paragraph 1 shall be amended as follows:

(1) the issue, refusals to issue, cancellation and revocation of visas are carried out by diplomatic and consular representations of the Republic of Bulgaria abroad and border control authorities, and the annulment and cancellation – and by the authorities for administrative control on foreigners. "

2. a new paragraph. 2:

"(2), Issue to issue denials, cancellation and revocation of visas for airport transit, short stay or visas issued by the border control authorities are performed in accordance with the arrangements laid down in Commission Regulation (EC) no 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community code on visas (Visa code) (OJ L 243/1 by 15 September 2009).

3. the Previous para. 2, 3 and 4 shall become respectively al. 3, 4 and 5.

4. The current paragraph. 5 it al. 6 and in her words "para. 3 "shall be replaced by" para. 4. "

§ 5. Article 9 is amended as follows:

"Art. 9. (1) the procedure for the issuance, refusal, cancellation and revocation of visas and for the determination of the visa regime shall be established by decision of the Council of Ministers.

(2) the conditions and procedures for coordination of visa applications are determined by instruction of the Minister of Foreign Affairs, the Minister of Interior and Chairman of the State Agency for national security. "

§ 6. In art. 9 g Al is created. 6:

(6) the rules for working with the national visa information system shall be determined by instruction of the Minister of Foreign Affairs. "

§ 7. In art. 9 h, para. 1 the words "consular post" shall be replaced by "diplomatic or consular representation".

§ 8. In art. 10, para. 1 item is created: 24

24. There are reasonable doubts as to the authenticity of the documents attached to the visa, the truth of their contents, the reliability of the statements made by the alien or his intention to leave the country before the expiry of the visa applied for. "

§ 9. In art. 19, para. 1, item 5, after the words "purpose of travel" is added "and the conditions of the intended stay.

§ 10. In art. 20 a, para. 1 in the text before paragraph 1, after the words "by air to" add "from".

§ 11. In art. 22 al. 2 and 3 are repealed.

§ 12. In art. 23 is made the following changes and additions:

1. In paragraph 8. 1, item 1, the words "within 90 days" shall be replaced by ' up to three months in any six-month period "after the word" period "is added" on the basis of short stay visa issued "and after the words" humanitarian nature "there shall be added" or for reasons related to exceptional circumstances or serious personal reasons ".

2. in the Al. 2, after the words "under para. 1 "insert" item 1, 2 and 4.

3. Al are created. 3 and 4:

"(3) Foreigners – employees in the diplomatic mission or consular post or international organization accredited in the Republic of Bulgaria who enjoy diplomatic or consular immunity, are resident in the territory of the Republic of Bulgaria with a residence permit, which is issued by the Ministry of Foreign Affairs by the procedure of art. 59, para. 5 of the law on Bulgarian identification documents. The same order is issued and the residence permit for children from 14 to 21 years of age, and for children up to the age of 14 shall be issued a residence permit with visa sticker affixed.

(4) where appropriate, the extension of the documents and visa sticker under para. 3 Ministry of Foreign Affairs issued a new document with a period of validity until the end of your term of Office of the employee or issue a new visa sticker with a period of validity not exceeding the permissions of the parent stay. "

§ 13. In art. 24 is made the following changes and additions:

1. In paragraph 8. 1:


a) in item 5, the words "or are married to a permanent resident alien in the country ' shall be deleted;

(b)) in item 10 the words "secured pension" are replaced by "authorised a pension under the legislation of the Republic of Bulgaria, the country of origin or another country";

in the 13) after the word "continuous" insert "or" all the time;

d) in item 14, the words "pursuant to art. 22, para. 3 "shall be replaced by" pursuant to art. 23, para. 3. "

2. in the Al. 2 the words "resort" are replaced with "resort" and after the words "salary" is a comma and add "minimum scholarship".

3. Al are created. 5-7:

(5) upon termination of the marriage between members of the family of continuous, long-term or permanent resident alien can once be issued permanent residence permit alone. In the case of divorce self permission for permanent residence may be granted, if the marriage lasted at least two years in the territory of the country.

(6) subject to the provisions of para. 5 self permission for permanent residence may be granted, and the members of the family of a Bulgarian citizen under art. 2, al. 6, items 1, 2 and 3.

(7) in the case of exceptional circumstances, the members of the family of continuous, long-term or permanent resident alien and members of the family of a Bulgarian citizen under art. 2, al. 6, items 1, 2 and 3 shall be issued single-self permission for permanent residence. "

§ 14. In art. 24 (d) the following amendments and supplements shall be made:

1. In paragraph 8. 2 the words "art. 22, para. 3 "shall be replaced by" art. 23, para. 3. "

2. Create a new para. 4-7:

"(4) the status of long-term residence permit may be granted to a foreigner who benefits from international protection.

(5) in the case of foreigners with granted international protection in the calculation of the period of residence in al. 1 includes half of the duration of residence, with effect from the date of application for the granting of international protection until the date of the issuance of Bulgarian identity document in accordance with the law on Bulgarian identification documents or the entire period of residence between the dates indicated if he is more than 18 months.

(6) the possession of a residence permit in another Member State on the basis of protection, other than international protection, or the existence of pending proceedings for the issuing of such an authorisation is not justification for granting long-term residence status.

(7) the existence of pending proceedings for the granting of international protection is not a justification for granting long term residence status. "

3. the Previous para. 4, 5, 6, 7 and 8 shall become paragraph 8, 9, 10, 11 and 12.

§ 15. In art. 24 e Al is created. 3:

"(3) upon issue of a residence permit of the long-term resident in the European Union an international protection in the" Note "notes international protection provided by the Republic of Bulgaria, and shall indicate the date of its submission."

§ 16. In art. 25, para. 1 make the following amendments and additions:

1. In paragraph 4, after the word "dependent" is added "and have resided legally and continuously for a period of three years within the territory of the country", a comma and the words "and, in the case of affiliation or adoption – after the expiration of 3 years from fathering or adoption ' are deleted.

2. a new item 5:

5. who have resided legally and continuously within the territory of the country for a period of 5 years and during this period have not been absent for more than 30 months old. "

§ 17. In art. 27 para. 1 is repealed.

§ 18. In art. 33 h is create al. 4-9: "(4) an alien holding a residence permit for long-term residence in the European Union in the first Member State on the basis of information provided by that Member State of international protection, which is not taken away, can be deported and before he received the right to long-term residence in the Republic of Bulgaria, if there is reason to believe that it represents a serious threat to national security, or that he or she, having been convicted by a final judgment for a serious crime poses a threat to public order.

(5) upon the imposition of expulsion of a foreigner who has obtained a residence permit of a long-term prebivaŝ under international protection in another Member State of the European Union, the competent authority referred to in art. 44, para. 1 via the authorities of the State Agency for refugees apply to that Member State to confirm the availability of international protection status.

(6) upon request of a Member State other than the State Agency for refugees provides information on the presence or absence of international protection granted by the Republic of Bulgaria within one month of receipt of the request.

(7) To confirm the status of international protection the alien under para. 5 and the members of his family are returned immediately in the Member State which granted international protection.

(8) an alien whose presence in the country poses a serious threat to national security or that he or she, having been convicted by a final judgment of a serious crime poses a threat to public order, may be expelled in a State other than the Member State which granted international protection status, subject to the requirement of art. 44A, al. 1. (9) the Republic of Bulgaria shall immediately readmit an alien who is granted international protection, as well as members of his family when from another Member State of the European Union, a decision for expulsion. "

§ 19. In art. 33 and al. 3-8:


"(3) upon issue of a residence permit of the long-term resident in the European Union of a foreigner with international protection in a Member State, first in the" Note "notes international protection provided by the relevant Member State of the European Union, and shall indicate the date of its submission.

(4) the celebration of Pará. 3 shall be carried out by the competent authorities of the Ministry of Internal Affairs following consultations carried out by the State Agency for refugees with the first Member State in which it is confirmed that the status of international protection is not taken away with the decision which has entered into force.

(5) on request of a Member State other than the State Agency for refugees provides information on the presence or absence of international protection granted by the Republic of Bulgaria as a first Member State within one month of receipt of the request.

(6) in the provision of international protection of the Republic of Bulgaria before the alien has been granted a residence permit of the long-term resident in the European Union by the competent bodies of the Ministry of Internal Affairs, the State Agency for refugees shall inform the Member State which has granted such permission, to carry out marking in accordance with art. 24 e, para. 3.

(7) in the transfer of responsibility for international protection to the Republic of Bulgaria with regard to an alien who has been issued a residence permit for a long-term resident in the European Union by the competent bodies of the Ministry of Internal Affairs, highlighting the Al. 3 is amended in accordance with art. 24 e, para. 3 within three months of the issuance of Bulgarian identity document in accordance with the law on Bulgarian identification documents.

(8) a change in the "Note" of the residence permit of the long-term resident in the European Union, issued by the competent bodies of the Ministry of the Interior, shall be carried out on the basis of notification by a Member State, that it has assumed responsibility for international protection of the alien before issuing such permission. The amended permit is issued shall, within two months of receipt of the notification. "

§ 20. In art. 39 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and in paragraph 4, the words "in the Republic of Bulgaria ' is replaced by: ' within the territory of the Member States of the European Union.

2. a para. 2: "(2) in carrying out enforcement measures under para. 1, 2 and 3 shall be carried out by the Ombudsman's monitoring of the Republic of Bulgaria or by authorised officials of his administration, as well as by representatives of national or international non-governmental organizations. "

§ 21. In art. 39 b, para. 1 is hereby amended as follows:

1. the words "paragraphs 1 and 2" shall be replaced by "para. 1, item 1 and 2 ".

2. the words "leave the country voluntarily" are replaced by "perform the obligation to return voluntarily."

§ 22. In art. 40, para. 1, item 5 Finally add "as well as to the members of the family of an alien as referred to in art. 25, para. 1, item 6, 7, 8, 13 and 16.

§ 23. In art. 42 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) expulsion of a foreigner is necessary when:

1. his presence in the country poses a serious threat to national security or to public order;

2. There are grounds under art. 10, para. 1, item 1-4. "

2. in the Al. 2 the words "the entry into the Republic of Bulgaria" are replaced by "entry into the territory of the Member States of the European Union.

3. in the Al. 4 creating a second sentence: "expulsion cannot be founded on economic considerations."

§ 24. In art. 42 h is hereby amended as follows:

1. In paragraph 8. 1, the words "in the Republic of Bulgaria ' is replaced by: ' within the territory of the Member States of the European Union.

2. in the Al. the words "in the Republic of Bulgaria ' is replaced by: ' within the territory of the Member States of the European Union.

§ 25. In art. 43, para. 1 item 2 and 3 are repealed.

§ 26. In art. the following 44 amendments:

1. In paragraph 8. 4, paragraph 2, the words "in the Republic of Bulgaria ' is replaced by: ' within the territory of the Member States of the European Union.

2. in the Al. 5 the word "daily" is replaced by "weekly" and the words "to the removal of obstacles" are replaced by "unless the obstacles to the implementation of the forced removal or expulsion are dropped and are scheduled measures for its impending removal".

3. in the Al. 6 the words "item 2 and 3 ' shall be replaced by" para. 1, 2 and 3 ".

4. in the Al. 9, first sentence, the words "and unaccompanied ' shall be deleted and the third and fourth sentences:" a forced check-in does not apply in respect of unaccompanied minors. The authority issued the order to impose compulsory administrative measure shall inform the Directorate-General for social assistance, which shall take the measures of protection under the law for the protection of the child. "

§ 27. In art. 44 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. Al are created. 2-4: "(2) where the circumstances under para. 1 are established by a judicial act, the alien shall be issued and served an order of the authority that issued the order for expulsion, which specifically States prohibition of expulsion and the country in which the alien is to be expelled. The order is not subject to appeal.

(3) the alien is obliged to appear once a week in the territorial structure of the Ministry of the Interior of residence.


(4) in the event that after one year of the issuance of the order under paragraph 1. 2 expulsion in a third safe country is not powered, the alien shall be granted temporary access to the labour market under the conditions and by the order of the Ordinance under art. 74, para. 1 of the Act on promotion of employment – to the implementation of the expulsion. "

§ 28. In art. 46, para. 2, item 2, the words "in the Republic of Bulgaria ' is replaced by: ' within the territory of the Member States of the European Union.

§ 29. In art. 46A, al. 1, the words "within 7 days" shall be replaced by "within 14 days.

§ 30. Art is created. 49A:

"Art. 49. (1) the master of a vessel to the arrival at the port in the territory of the country announced to border control authorities of the presence of stowaways on board the vessel, is punishable by a fine of 3000 to 6000 EUR

(2) the captain of the vessel, the shipowner concerned or ship's agent that allow the descent in the territory of the country of foreigners who do not possess the documents required under art. 8, is punishable by a fine of 6000 to 10 000 BGN. for each person granted. "

§ 31. In art. 50, para. 1, paragraph 3, the word "period" is replaced with "conditions".

§ 32. In § 1 of the additional provisions are made the following amendments and additions:

1. point 4 shall be replaced by the following: "4." return "is a voluntary action or the enforcement of the obligation to return the alien to his/her country of origin or country of transit, in accordance with the agreement of the European Union with a third country or with bilateral readmission agreements or other arrangements, or in a third country in which the alien voluntarily decides to return and in which will be adopted."

2. In paragraph 4, the words "in paragraph 2 and 3 ' shall be replaced by" para. 1, 2 and 3 "and the second sentence:" in this guideline may be the fact that the person could not be found on the address of residence of it, the presence of previous violations of public order, of previous convictions of the person, regardless of rehabilitation is not left the country within the period for voluntary departure has clearly shown that's not going to comply with the imposed measure, holds forged documents or no documents submitted is false information, has already ukrivalo is not complied with the ban on entry and others. "

3. Create is that 13-14: "13." International protection» means the refugee status and humanitarian status, as defined in art. 8 and art. 9, para. 1-7 of the law on asylum and refugees.

14. "reasonable doubt" within the meaning of art. 10, para. 1.24 have doubts about the risk of illegal migration, when of the interview and of the documents submitted, it is established that the applicant uses the objectives of the trip as an excuse for illegal establishment on the territory of the Republic of Bulgaria, or when there is a contradiction between the statements and his intention to leave the country before the expiration of the visa applied for. "

Additional provision

§ 33. This law introduces the requirements of Directive 2011/51/EC of the European Parliament and of the Council of 11 May 2011 amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection (OB, L 132/1 of 19 May 2011).

Final provisions

§ 34. In the law on Bulgarian identification documents (official SG. 93 of 1998; amend., SG. 53, 67, 70 and 113 of 1999, no. 108 of 2000, 42/2001 and 45/54 by 2002, no. 29 and 63 of 2003, no. 96, 103 and 111 in 2004, no. 43, 71, 86, 88, and 105 by 2005. , PC. 30, 82 and 105, 2006, issue. 29, 46 and 52 of 2007, PC. 66, 88 and 110 in 2008, PCs. 35, 47, 82 and 102 of 2009, PCs. 26 and 100 by 2010, PC. 9 and 23 of 2011, decision No 2 of the Constitutional Court by 2011-PCs. 32 by 2011; amend., SG. 55 by 2011, and St. 21, 42 and 75 by 2012.) in art. 59, para. 2, paragraph 1 (a) to create the third and fourth sentences: "in the residence permit of a foreigner in the EU long-term resident status on the basis of the international protection of the Republic of Bulgaria in the" Note "notes:" international protection provided by the Republic of Bulgaria. (date). " In the authorization for residence of the long-term resident's EC foreigner with international protection from another Member State of the EU, in the "Note" notes: "international protection provided by ... ... .... (Member State). (date). "

§ 35. (4), item 2, 3 and 4, § 20, item 1, § 23, item 2, § 24, § 26, item 1 and § 28 apply after the entry into force of the decision of the Council of the European Union for full application of the provisions of the Schengen acquis in the Republic of Bulgaria.

§ 36. Paragraph 12, item 2, § 14, item 2 and 3, § 15, 18, 19, § 27, paragraph 2, concerning art. 44A, al. 4, § 32, item 3 concerning § 1, item 13 of the additional provisions and § 34 shall apply from 1 may 2013.

The law was adopted by 41-Otto National Assembly on 26 February 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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