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 13/01/2011 number/year Official Gazette 9/2011 Decree No 12

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 13 January 2011.

Issued in Sofia on 25 January 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

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 and PCs. 73 by 2010.)

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

1. a new paragraph. 2:

"(2) an alien is also a person who is not a citizen of any State in accordance with its legislation."

2. Al are created. 3-5:

"(3) the members of the family of an alien within the meaning of this law are: 1. a spouse;

2. children of the alien and of his spouse, including adopted, who are not at least 18 years of age and unmarried;

3. children, including foster, the alien, who are not at least 18 years of age and unmarried when he has custody and the children are dependent;

4. children, including foster, of the spouse, who are not at least 18 years of age and unmarried when he has custody and the children are dependent.

(4) for members of the family shall be considered, and all students 18 years of age children of the foreigner or his spouse, unmarried, who were entirely dependent on them in the country of origin or in the country of their habitual residence and when serious health reasons impose the application of personal care for them.

(5) where the alien already has a spouse living with him in the territory of the Republic of Bulgaria, shall not be granted family reunification with the other spouse. "

3. The current paragraph. 2 it al. 6 and in paragraph 4, the words "including upward only to the person under item 1 ' shall be deleted.

§ 2. In art. 8 make the following amendments and additions:

1. In paragraph 8. 2, after the words "the Council" shall be inserted in the "other acts with binding effect".

2. in the Al. 3 the words "card for long-term or permanent residence in the Republic of Bulgaria and the grounds for the issue I have dropped" be replaced with "valid authorisation for continued, long-term or permanent residence in the Republic of Bulgaria".

3. a para. 4:

(4) after the acceptance and approval of an application for family reunification of family members are issued visas under simplified procedure under conditions and by an order determined by decision of the Council of Ministers. "

§ 3. Article 9 is amended as follows:

"Art. 9. Visa is permission granted by the Republic of Bulgaria, for the entry and residence, transit or airport transit. "

§ 4. In art. 9A is hereby amended as follows:

1. In paragraph 8. 2 section 2 is repealed.

2. Subparagraphs 3, 4 and 5 are repealed.

§ 5. In art. 9 d the following endorsements are added:

1. In paragraph 8. 2 Add "or to create common application centres".

2. Al are created. 3-5:

"(3) the Minister of Foreign Affairs or an official authorised by him may enter into a contract under the conditions and in accordance with procedures laid down by an act of the Council of Ministers, to cooperate with an external contractor to carry out activities relating to the reception of visa applications and the collection of data, subject to the provisions on the protection of personal data.

(4) diplomatic and consular posts may cooperate with commercial intermediaries on the basis of accreditation defined by an act of the Council of Ministers, with a view to the submission of applications, with the exception of the collection of biometric data.

(5) Honorary Consuls may be authorised to perform some or all of the tasks referred to in paragraph 1. 3. "

§ 6. In art. 9 (e), the words "in coordination with the Ministry of Foreign Affairs ' shall be deleted, the words" within 36 hours "shall be replaced by ' until two days if otherwise provided for by an international treaty" and the second sentence: "the visa issued shall immediately notify State Agency for national security."

§ 7. Create art. 9 g and 9 h:

"Art. 9. (1) for a visa applicant submitted, not earlier than three months before the start of the planned visit, filled in and signed application form, defined by an act of the Council of Ministers.

(2) an application under subsection. 1 the applicant presents the documents referred to in the Act of the Council of Ministers and proving the purpose of the journey.


(3) in carrying out the activities on the issue of visas shall process personal data, including biometric data. Biomet generic data include a photo of the person and his ten fingerprints, which are collected in a row set by decision of the Council of Ministers, and in compliance with the protection mechanisms provided for in the Convention for the protection of human rights and fundamental freedoms, done at Strasbourg on 6 May 1963 (ratified by law – SG. 66 of 1992) (SG. 80 of 1992), in the Charter of fundamental rights of the European Union, signed in Nice on 7 December 2000, the Convention on the rights of the child, adopted on 20 November 1989 (ratified by decision of the GREAT NATIONAL ASSEMBLY from 1991 – SG. 32 of 1991) (SG. 55 of 1991), and the law on the protection of personal data.

(4) requirement of fingerprint capturing are released the following candidates: 1. children under the age of 12 years;

2. persons, where fingerprinting is physically impossible; If possible fingerprinting of less than 10 fingers, captures the number of fingerprints; If capture is temporarily impossible, the applicant is required to give fingerprints the next time an application;

3. the heads of State or Government and members of the national Government and the accompanying spouses, as well as members of the official delegation, when invited by the Governments of the Member States or by international organizations with official purposes;

4. royalty and other high-ranking members of the Royal family when they are invited by the Governments of the Member States or by international organizations with official purpose.

(5) by the competent authorities for issuing visas data from the information system on visas can be used for the purposes of border control, administrative control of foreigners, asylum, as well as by the authorised competent national authority or authorities of the Member States for pre dotvratâvaneto, detection and investigation of terrorist offences and serious greetings, defined in art. 36, para. 1 of the law on extradition and the European arrest warrant. The procedure for access to the data shall be determined by decision of the Council of Ministers.

Art. 9. (1) where the consular post finds after inspection of the application, that the conditions of art. 9 g, para. 1 and 3 presented a valid travel document, conforming to the requirements laid down in the Act of the Council of Ministers, and the visa fee is paid, it is assumed the same about tolerance and passes to the examination.

(2) upon failure to comply with the requirements under paragraph 1. 1 the application shall be considered inadmissible and the diplomatic mission or consular post shall forthwith return the application and all documents submitted by the applicant, destroying the collected biometric data, returns the visa fee and not to conduct an examination.

(3) in exceptional cases, when the requirements are not met under para. 1, the application may be considered acceptable for reasons of a humanitarian nature or when required by the national interest. "

§ 8. In art. 10 make the following amendments and additions:

1. In paragraph 8. 1:

(a)) in the text before paragraph 1 the Union shall "and" shall be replaced by "or";

(b) in item 2) add "or its entry into the country could harm the relations of the Republic of Bulgaria with another State";

in section 6) shall be replaced by the following:

6. has been convicted of an intentional crime committed on the territory of the Republic of Bulgaria, which under Bulgarian law is punished by not less than one year of imprisonment; "

d) in item 14, the words "supported by the Ministry of the Interior and the Ministry of Foreign Affairs" shall be replaced by "referred to in art. 21A, para. 1 ";

(e)) is created that 17-22:

17. "don't prove the purpose and conditions of the intended stay;

18. has already stayed for three months within the current 6-month period on the territory of the Republic of Bulgaria as a holder of a visa in accordance with art. 14, para. 3;

19. a person for whom an alert has been issued in the Schengen information system for refusal of entry;

20. in former residence in the country systematically committed violations of public order;

21. it has been reported that the purpose of the entry is to reside in the country as an immigrant without special permission;

22. it has been reported that the purpose of his entry is to use the country as a transit point for migration to a third country. "

2. paragraph 2 is replaced by the following:

"(2) in the cases referred to in para. 1 visa may be issued or allowed entry into the territory of the Republic of Bulgaria for reasons of a humanitarian nature or when required by the national interest or the fulfilment of international obligations. "

3. a para. 3:

"(3) in the cases referred to in para. 1 of the aliens who hold valid residence permits, long-stay visa or re-entry visa issued by one of the Member States or, where required, a residence permit or visa for long term residency and re-entry visa shall be granted entry to the territory of the Republic of Bulgaria on transit in order to reach the territory of that Member State which issued the residence permit, the visa for long term residence or re-entry visa, unless the Republic of Bulgaria is not issuing the alert for refusing entry in the Schengen information system. "

§ 9. Article 11 is hereby repealed.

§ 10. Article 13 shall be repealed.

§ 11. Article 14 shall be amended as follows:

"Art. 14. (1) on the short-stay Visa shall be issued to a foreigner for transit or planned residence on the territory of the Republic of Bulgaria.


(2) on the short-stay Visa for transit is with duration of residence in the territory of the Republic of Bulgaria within two days, unless otherwise provided in an international treaty, and is issued to an alien who enters the Republic of Bulgaria and leaves its territory on its way from one country to another country. The total duration of residence with such a visa may not exceed three months within any six-month period with effect from the date of first entry into the territory of the Republic of Bulgaria.

(3) on the short-stay Visa for the purpose of planned residence is of a duration of not more than three months in any six-month period with effect from the date of first entry into the territory of the Republic of Bulgaria.

(4) on the short-stay Visa may be issued for single, double or multiple entry.

(5) the period of validity of the visa and the length of stay permitted is determined on the basis of the checks carried out on the conditions of entry and risk assessment in the examination of the visa application. The period of validity of the visa may not exceed 5 years. "

§ 12. In art. 15, para. 1, after the word "continuous" a comma and add the "long-term".

§ 13. In art. 16, al. 2 the words "art. 10 and 11 "shall be replaced by" art. 10, para. 1. "

§ 14. In art. 19, para. 1, item 3, after the word "zas trahovki" comma and added "when such are required.

§ 15. In art. 21A, para. 1 the words "art. 10 and 11 "shall be replaced by" art. 10, para. 1. "

§ 16. Article 23 shall be amended as follows:

"Art. 23. (1) Foreigners residing in the Republic of Bulgaria:

1. short-term – up to 90 days from the date of entry into the country; the period may be extended once by the services for administrative control on foreigners, for reasons of a humanitarian nature;

2. continuous-time allowed up to one year;

3. long term – with 5 years initial period allowed and possibility of renewal after application;

4. permanent-indefinite-enabled.

(2) the time limits referred to in para. 1 do not apply to foreigners who have received protection under the law on asylum and refugees. "

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

1. In paragraph 8. 1:

a) in paragraph 2, after the words "Bulgarian citizens" a comma and add "maintained for the duration of the residence";

b) points 3 and 11 are repealed;

in point 18), the words "article. 2, al. 2 "are replaced by" article. 2, al. 6. "

2. paragraph 2 is replaced by the following:

"(2) to obtain a long-term residence permit for individuals should have provided housing, health insurance and compulsory insurance, sufficient means of subsistence, without recourse to the social assistance system, in an amount not less than the minimum monthly wage or the minimum pension under the legislation of the Republic of Bulgaria for the period of residence. When initially applying for a residence permit for persons aged 18 or over, except for stateless persons, also presented a certificate of criminal records issued by the State whose citizens they are, or the State of their habitual residence. "

3. Paragraph 3 is replaced by the following:

"(3) application for issue of permit for long-term residence is seen within 14 days from the date of its filing. In the legal and factual complexity and necessity of submitting additional documents this time limit may be extended by one month. Procedure for issue of the permit shall be determined by the regulation for implementation of the law. "

§ 18. Create art. 24-24 (g):

"Art. 24. (1) permission for permanent residence may obtain and foreigners who possess a visa under art. 15, para. 1 and are accepted for regular training in higher education, students, adopted within the territory of the country for training in the average level of education within the exchange programme or as trainees without reward.

(2) The foreigner who has already been accepted as a student in the Member State of the European Union, and who applies to conduct part of the course of study that is engaged, or asking him to complement with a related course in the Republic of Bulgaria shall be issued a permanent residence permit for a period consistent with the duration of the classes.

(3) the procedure for the issue of authorisations under para. 1 and 2 are determined by the regulation for implementation of the law.

Art. 24. (1) the status of long-term resident is granted to a foreigner who has resided legally and without interruption in the territory of the Republic of Bulgaria within 5 years before submitting the application for the authorisation of long-term residence. After its acquisition of long-term residence status is permanent, in so far as they are not grounds for revocation occurred under art. 40.

(2) periods of residence of the persons under art. 22, para. 3 and of persons residing on the basis of exclusively temporary nature as working on the programs au pair, seasonal workers, providers of cross-border services, employees seconded by the service provider, for the provision of cross-border services, or where their residence permit has been formally limited shall not be taken into account when calculating the period of residence in al. 1.

(3) in calculating the period of residence in al. 1 only half the time of residence of aliens as students, trainees or students on the grounds of art. 24. (4) the periods of absence from the territory of the Republic of Bulgaria does not interrupt the period referred to in paragraph 1. 1, and shall be taken into account in its calculation, under 6 consecutive months and do not exceed a total of 10 months for the 5-year period.


(5) for the granting of long-term residence status of the alien must provide evidence that it has for himself and for the members of his family with sufficient means of subsistence, without recourse to the social assistance system, in an amount not less than the minimum wage and minimum pension, and that holds a compulsory health insurance or insurance for the period of residence completed under the legislation of the Republic of Bulgaria.

(6) the competent authority of the Ministry of Internal Affairs shall take a decision on the application for granting long-term resident status within three months of the deposit. In the legal and factual complexity and, if necessary, by the submission of additional documents this time limit may be extended by two months.

(7) when granting long-term resident status of the alien provides information on the rights and obligations arising from this Statute.

(8) the procedure for the examination of the application shall be determined by the regulation for implementation of the law.

Art. 24 (1) of the alien who has obtained long-term resident status shall be issued a residence permit for a long-term resident in the European Union. This authorisation is valid for five years, while its expiration be renewed upon submission of the application. The expiry of the residence permit of the long-term resident in the European Union does not constitute grounds for withdrawal or loss of status.

(2) the residence permit of the long-term resident in the European Union shall be issued on the basis of a personal application. The authorisation shall be issued in accordance with the requirements of Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals. In the field "type of permit" long-term resident "shall be noted in the EU".

Art. 24. (1) the members of the family of the long-term resident alien may obtain permission for permanent residence for a period of one year with the possibility of renewal, without exceeding the authorized period of residence of the holder.

(2) For issue of a residence permit to the family members should meet the requirements of art. 24, para. 2.

(3) After 5 years of residence in the territory of the Republic of Bulgaria, provided that the spouse and children of the age of all students residing in the country the alien did not receive a residence permit for reasons other than family reunification, have the right to obtain a long-term residence permission individually, independently of the holder, if there are grounds under art. 24. In calculating the period of residence of the members of the family of the holder of the EU blue card residence in different Member States can be accumulated under the conditions of art. 33 m, al. 1.

(4) upon termination of the marriage, the children of long-term resident and the other parent have the right to long-term residence permit independently, if they fulfil the conditions under art. 24, para. 2 and when children are enrolled in school from the public education system or in school until the end of the school year or until completion of the training course.

(5) the procedure for the issue of authorisation under paragraph 1. 1-4 shall be determined by the regulation for implementation of the law.

Art. 24. (1) in the cases under art. 40, para. 1, item 6, 9 and 11 can be restored the right of long-term residence in the Republic of Bulgaria under a simplified procedure, regulated by the regulation for implementation of the law.

(2) the procedure under para. 1 shall apply to the persons under art. 40, para. 1, item 9, who resided in the second Member State for study purposes. "

§ 19. In art. 25 the following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 1 the words "Bulgarian nationality" shall be replaced by "Bulgarian origin";

b) in paragraph 2, after the word "foreigner" there shall be added "and resided legally and continuously for a period of 5 years on the territory of the country";

in point 5) shall be repealed;

(d)) shall be 12 and 13:

12. which until 27 December 1998 are logged, reside and have not left the territory of the Republic of Bulgaria or were born in the territory of the Republic of Bulgaria and are not recognized as citizens of the former Soviet republics; for this category of persons shall not apply the requirement of art. 15, para. 1;

13. operate and are certified under the investment promotion Act. "

2. in the Al. 2, the words "by the Ministry of finance" shall be deleted.

3. a para. 3:

"(3) the competent authority of the Ministry of Internal Affairs shall take a decision on the application for the granting of permission for permanent residence within three months of the deposit. In the legal and factual complexity and necessity of submitting additional documents this time limit may be extended by two months. Procedure for issue of the permit shall be determined by the regulation for implementation of the law. "

§ 20. (B) article 25 is amended as follows:

"Art. 25. (1) the right of residence in the Republic of Bulgaria, where there are no requirements, the requirements of this law, may receive and the family members of the alien, to whom, under the conditions and pursuant to the law on asylum and refugees is:

1. granted asylum or refugee status;

2. granted humanitarian status;

3. granted temporary protection.


(2) The members of the family referred to in paragraph 1. be issued permanent residence permit after permit for family reunification, issued under the conditions and pursuant to the law on asylum and refugees. The residence permit is for a period of one year with the possibility of renewal, without exceeding the period of residence of the holder. "

§ 21. In art. 26 the following amendments and supplements shall be made:

1. Paragraphs 1, 2 and 3 shall be read with the following adaptations:

' (1) is Refused issue of a residence permit or extension of the residence permit in the cases under art. 10, para. 1, item 1 – 4, 6 and 11, 14, 16, 19-22.

(2) Refusing to issue a residence permit or extend the period of residence in the country of the alien who is found not to comply with the conditions under art. 24, 24A-24 d, 24, 25, 33 and 25 (b), (c), (d) and (k) 33 33-33 m.

(3) refuses to issue of a residence permit or extension of the residence permit of a foreigner who married a Bulgarian citizen or foreigner or who is adopted by a Bulgarian citizen or alien who has obtained a residence permit, if there are indications that the marriage was contracted or the adoption is carried out solely for the purpose of circumvention of the rules regulating the regime of foreigners in the Republic of Bulgaria , and getting residence permit. "

2. in the Al. 4:

and in the text) before item 1, the words "or forfeiture" shall be deleted and the words "after marriage is concluded" there shall be added "or the adoption is carried out";

b) in paragraph 1, after the word "spouse" shall be inserted "or adopted and foster Dad";

c) in paragraph 4, after the word "spouse" shall be inserted "or" adoptee;

d) in item 5, after the word "spouse" shall be inserted "or adopted and foster Dad";

e) in point 7, after the word "marriage" is added "or" adoptions;

is that is created) 8:

"8. the fact that the marriage was contracted or the adoption is carried out after the alien has received a residence permit."

3. Al are created. 6-9:

"(6) in the cases under art. 10, para. 1, item 19 residence permit may be issued for reasons of a humanitarian nature or related to the implementation of international obligations in consultation with the Member State issuing the alert for refusal of entry.

(7) the occurrence of diseases after the initial issue of a residence permit pursuant to chapter three, "and" the alien and his/her family members, and after the issue of a residence permit to the family members of a foreigner on grounds of family reunion, may not be grounds for refusal to extend a residence permit.

(8) Refusal to grant a long-term residence status cannot be based on the circumstances under art. 10, para. 1, item 8. At the discretion of the refusal to grant a long-term residence status, taking into account the duration of the alien's residence permit in the Republic of Bulgaria, age, medical condition, marital status, social integration, existing connections in the country or the absence of links with the country of origin.

(9) the refusal to issue a residence permit or extension of the residence permit is refused, reportedly to interested persons and may be challenged under the administrative code.

§ 22. In art. 27 (b), para. 2, after the word "constant" is added "or long-term."

§ 23. In art. 28 a, para. 3, after the word "return" is added "of a member of their families, of the guardianship or adequate reception centres".

§ 24. In art. 29 following amendments and supplements shall be made:

1. In paragraph 8. 1 and 2, the word "term" is replaced by "continuous, long term and permanent.

2. a new paragraph. 3:

"(3) for authorisation for continued, long-term or permanent residence national travel document of the alien shall be valid for not less than 6 months from the date of submission of application for issue of a residence permit."

3. The current paragraph. 3 it al. 4.

§ 25. In art. 33, para. 1, after the word "allowed" or "long-term is added," and after the words "Republic of Bulgaria" is added, and the family members of the alien who has obtained long-term residence permit ".

§ 26. The title of chapter three "a" shall be replaced by the following: "the residence of the alien who has obtained permission for a long-term stay in another Member State of the European Union.

§ 27. In art. 33 and following amendments and supplements shall be made:

1. In paragraph 8. 1:

and before that) the text shall be amended as follows: 1 "alien who has obtained permission for a long-term stay in another Member State of the European Union can obtain permanent residence in the Republic of Bulgaria:";

b) item 3 shall be:

"3. with other purpose."

2. in the Al. 2:

(a)) in the text before paragraph 1 the word "term" is replaced by "long";

b) item 4 shall be:

"4. the documents concerning the circumstances under art. 24, para. 2. "

§ 28. In art. 33 (b), para. 1, the words "within one month" shall be replaced by "within three months" and the word "term" is replaced by "continuing".

§ 29. In art. 33 in, al. 1 the word "term" is replaced by "long", and the words "five years" shall be replaced by "one year".

§ 30. In art. 33 (d) make the following amendments and additions:

1. Paragraph 1 shall be amended as follows:

"(1) where the alien under art. 33 a, para. 1 has a residence permit in the Republic of Bulgaria and a family established in the Member State of the European Union, which has granted his permission for a long-term stay, members of his family have the right to accompany or join him. "

2. in the Al. 2:

(a)) in the text before paragraph 1, after the words "authorization of" insert "continuously";


(b) in item 2), after the words "art. 24, para. 2 "insert", with the exception of the insured dwelling ".

§ 31. In art. 33 (e) the word "term" is replaced by "continuing".

§ 32. Article 33 is repealed.

§ 33. In art. 33 g, para. 1 the words "the grounds for refusal of a permit for long-term residence" shall be replaced by ' grounds for refusal or revocation of permission for permanent residence ".

§ 34. In chapter three, "and" creating art. 33 and:

"Art. 33. (1) the alien received permission for permanent residence in the Republic of Bulgaria as a second Member State who acquire the right to long-term residence under the conditions of art. 24 d, may be issued a permit for long-term residence on the basis of received applications.

(2) the administrative control of foreigners shall inform the first Member State for the right to long-term residence of the foreigner. "

§ 35. A chapter three "b" with art. 33 k-33 m: "chapter three" b "

RESIDENCE OF THIRD-COUNTRY NATIONALS FOR THE PURPOSES OF HIGHLY QUALIFIED EMPLOYMENT

Art. 33 HP (1) residence permit type "EU blue card" can get foreigners who possess a visa under art. 15, para. 1 and are highly skilled workers.

(2) the residence permit type "EU blue card" is issued after authorization by the Ministry of labour and social policy for a period of one year, is renewed in the presence of grounds for re-issue. In the event that the duration of the employment contract is less than one year, the residence permit shall be issued for the term of duration of the contract, extended by three months.

(3) the members of the family of the holder of a blue card can obtain a permanent residence permit with a period of validity, the corresponding term of residence of the holder of the EU blue card. For issue of a residence permit to the family members should meet the requirements of art. 24, para. 2.

(4) the authorisation referred to in paragraph 1. 1-3 shall be issued by order, determined by the regulation for implementation of the law.

Art. 33 l. (1) the holder of the EU blue card issued by another Member State of the European Union, and resided in the territory of that Member State may 18 months together with family members to reside in the Republic of Bulgaria for the purposes of highly qualified employment. An application for an EU blue card in the Republic of Bulgaria shall be submitted not later than one month after the entry of the alien in the territory of the country.

(2) if the period of validity of the blue card issued in the first Member State expires during the proceedings on the issue of EU blue card in the Republic of Bulgaria, the administrative control of foreigners granted temporary residence permit of the alien, giving him the opportunity to continue the lawful residence on the territory of the Republic of Bulgaria, while a decision on the application by the competent authority.

(3) paragraphs 1 and 2 shall also apply when the alien has already exercised his right to move to another Member State.

(4) where the holder of the EU blue card issued in another Member State, moved to Republic of Bulgaria pursuant to para. 1 and when his family had already gathered in that Member State, the members of his family shall be authorised to accompany or join him.

Art. 33 m. (1) the holder of the EU blue card can obtain long-term residence status in the Republic of Bulgaria, where five years ago resided legally and continuously within the territory of the Member States of the European Union, as holder of the EU blue card, of which the last two years on the territory of the Republic of Bulgaria.

(2) the five-year period referred to in paragraph 1. 1 is not interrupted by periods of absence of the holder of a blue card from the territory of the Member States of the European Union, with the aim of exercising an economic activity as an employed or self-employed person for performance of voluntary activity or for training in the country of origin, if these periods are shorter than 12 consecutive months and their total duration does not exceed 18 months within the five-year period.

(3) the holder of the EU blue card who has acquired long-term resident status in the Republic of Bulgaria, shall be issued a residence permit in accordance with the requirements of Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals, as in the "Note" field notes "a former holder of the EU blue card."

§ 36. In art. 35, para. 3, after the words "authorization of" insert "or" long term.

§ 37. In art. 39 b, para. 2, after the word "stay" is added "State of health, your potrebnos of vulnerable groups" and the third sentence: "the period for voluntary departure may be extended for not more than one year."

§ 38. In art. 40 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) point 1 shall be amended as follows:

' 1. are dropped in the grounds under art. 24, 24A, 24B, 24 c, 24, art. 25, para. 1, item 6, 7, 8 and 13, art. 25B, 33A, 33 (d), (k) and (l) 33 33; "

(b) in item 2) after the number "10" is a comma and added al. 1, item 1 – 4, 6 and 11, 14, 16, 20-22, as well as in the cases under art. 26, al. 3 ";

in) in paragraph 4, the words "five years" shall be replaced by "seven years";

d) point 6 is replaced by the following:

"6. it is established that the alien, received permission for long-term or permanent residence, was absent from the territory of the Member States of the European Union, for a period of 12 consecutive months, except in the case of permitted permanent residence under art. 25, para. 1, item 6, 7 and 8; "


e) in point 7, after the word "status" there shall be added "or granted temporary protection", and the words "be revoked or terminated" are replaced by "be withdrawn or terminated";

is created) so 9-12:

"9. the alien granted a long-term residence, has acquired long-term resident status in another Member State of the European Union;

10. establish that marriage with Bulgarian citizen is terminated before the expiry of the five years of its conclusion;

11. the holder of the EU blue card, received permission for a long-term stay in the Republic of Bulgaria, or the members of his family, received a permit for long-term residence, are absent for 24 consecutive months from the territory of the Member States of the European Union;

12. it is established that the holder of the EU blue card is residing for purposes other than that for which it has obtained a residence permit, and when its holder has violated the conditions for access to the labour market in accordance with the legislation of the Republic of Bulgaria. "

2. paragraph 2 is replaced by the following:

"(2) in the cases under art. 10, para. 1, item 19 can be revoked the right of residence, after consultation with the Member State issuing the alert for refusal of entry. "

3. a new paragraph. 3:

"(3) the right of long-term residence permits shall be withdrawn in the cases referred to in para. 1, item 3, 6, 9 and 11 and article. 42, para. 1, when the alien poses a real and serious threat to national security and public order. "

4. Al are created. 4 and 5:

"(4) in all cases, after a six-year absence from the territory of the Republic of Bulgaria shall be granted a right of long-term or permanent residence.

(5) the right of residence of the alien who has obtained a residence permit in the Republic of Bulgaria pursuant to chapter three, "a", and the members of his family shall be withdrawn in the cases referred to in para. 1, item 1 and 2 except in the cases under art. 10, para. 1, item 8 and when persons not residing legally on the territory of the country. "

5. The current paragraph. 3 it al. 6 and after the words "the right of the" add "or" long term.

§ 39. In art. 42 create al. 3 and 4:

"(3) and Expel an alien who holds a residence permit or another authorisation granting right of residence permit issued by another Member State, if you don't return to that Member State within 7 days from the establishment of illegal residence.

(4) prior to the imposition of expulsion of a foreigner, covered by the permit for long-term residence, taking into account the duration of the alien's residence permit in the Republic of Bulgaria, age, medical condition, marital status, social integration, existing connections in the country or the absence of links with the country of origin. "

§ 40. In art. 42 (h) make the following amendments and additions:

1. In paragraph 8. 1, after the words "under art. 10 "a comma and added al. 1. "

2. paragraph 2 is repealed.

3. in the Al. 4, the words "under art. 40, para. 2 "and the words" or 11 "shall be deleted, and after the words" under art. 10 "a comma and added al. 1. "

§ 41. In art. 43 para. 2 is repealed.

§ 42. In art. 44, para. 2, after the words "Republic of Bulgaria" a comma and add "categories of vulnerable persons, the existence of proceedings under the law on asylum and refugees or procedures for renewal of the residence permit or other authorisation granting right of abode".

§ 43. Art is created. 44 c:

"Art. 44. in the alert for refusing entry in the Schengen information system shall be introduced on the basis of entered into force:

1. refusals issued pursuant to art. 10, para. 1, item 1 – 4, 6, 8, 10, 11, 14, 16, 20-22 and art. 26;

2. orders imposing compulsory administrative measures under art. 39 a, items 1-4. "

§ 44. In art. 46 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the first sentence shall be replaced by the following: "writ accommodation in a special home can appeal within 7 days of the actual check-in under the administrative code.

2. in the Al. 2 third sentence shall be replaced by the following: "the judgment of the Court of first instance may be appealed against to the Supreme Administrative Court, which shall decide within two months."

3. in the Al. 4:

a) in the first sentence, after the word "officially" there shall be added "or at the request of the foreigner";

(b)) the second sentence shall be replaced by the following: "the definition is subject to appeal under the administrative code.

§ 45. In art. 50, para. 1, item 1, the words "article. 44, para. 3 "shall be replaced by" art. 44, para. 5. "

§ 46. In art. 54, para. 1 the word "term" is replaced by "continuous, long term and permanent.

§ 47. In art. 60, para. 1 and 2, after the words "customer service" is add a "long-term or".

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

1. point 1 shall be repealed.

2. paragraph 1 shall be a-1 d:

' 1a. "family reunification" is the entry and residence in the Member State of family members of a foreigner legally resident in that Member State, in order to preserve the unity of the family, whether the family relationship arose before or after the entry into force of that person.

1B. "first Member State" means the Member State which provided the first long-term resident status, or Member State which first granted the "EU blue card" to the alien.

1. "second Member State" means any Member State other than the first Member State.

1. the "EU blue card" is the permission with the indication "EU blue card" which entitles the holder to reside and work in the territory of a Member State of the European Union, for the purposes of highly qualified employment.

3. In paragraph 2, the words ' two years ' shall be replaced by "one year".

4. Set up item 4 b and 4 c:


"4B." vulnerable persons "means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and minors or persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence.

4. "Danger to abscond alien to whom a coercive administrative measure is imposed under art. 39, item 2 and 3 "is present when in view of the factual data can make an educated guess that the same person will try to deviate from the implementation of the measure."

5. In paragraph 9, the words "the activities under art. 24, para. 1, item 2 and 11 "shall be replaced by the words" the activities under art. 24, para. 1, item 2. "

6. an item 12:

"12." dealer "is a private administrative agency, transportation company or travel agency (tour operator or terminal vendor)."

TRANSITIONAL AND FINAL PROVISIONS

§ 49. (1) Pending proceedings for issuing a residence permit under the former completed order.

(2) within three months of the entry into force of this Act shall terminate the action of enforcement measures applied with orders on the basis of the repealed para. 2 of art. 43.

(3) Pending proceedings under art. 46 and completed in the previous row.

§ 50. In the law on Bulgarian identification documents (official SG. 93 of 1998; amend. and Suppl., no. 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, issue. 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 and PCs. 26 and 100 by 2010.) in art. 59, para. 2 the following endorsements are added:

1. a paragraph 1 (a):

"1a. the residence permit in the EU long-term resident alien – issued by the authorities of the Ministry of the Interior with the period of validity of 5 years; in the authorization for residence of the long-term resident's EC foreigner resided as holder of the EU blue card, in the "Note" field notes "a former holder of the EU blue card;".

2. Create is that 7-11:

"7. the residence permit type" EU blue card ", issued by the authorities of the Ministry of the Interior with the period of validity of one year in accordance with the requirements of Regulation (EC) No 1030/2002, as the" type of permit "shall be replaced by the" EU blue card "and in the" Note "notes the condition of access to the labour market;

8. temporary resident permit holder of the EU blue card issued by another Member State of the EU, and the members of his family – issued by the authorities of the Ministry of the Interior with a term of validity up to 90 days;

9. the permanent residence permit of a family member of a refugee or a foreigner with granted asylum – issued by the authorities of the Ministry of the Interior with the period of validity of one year;

10. long-term residence permit of a family member of a foreigner with humanitarian status – issued by the authorities of the Ministry of the Interior with the period of validity of one year;

11. the permanent residence permit of a family member of the alien with the provided temporary protection – issued by the authorities of the Ministry of the Interior with the period of validity of one year. "

§ 51. In the law on the entry, residence and departure of the Republic of Bulgaria of the citizens of the European Union and members of their families (official SG. 80 from 2006; amend., SG. 109 (2007), no. 69 since 2008, issue 36, 93 and 102 of 2009) make the following amendments and additions:

1. In art. 8, al. 1, item 2, the words "the amount of the financial contribution shall be fixed by decision of the Council of Ministers" shall be deleted.

2. In art. 16, al. 1 in the text before paragraph 1 the Union shall "and" shall be replaced by "or".

3. In art. 19, para. 1 Add "or if it is continuously for a period of 5 years in the Republic of Bulgaria in the cases under art. 15. "

4. In art. 24:

and the current text) became al. 1;

(b)) is hereby set up al. 2:

"(2) the right of residence in the Republic of Bulgaria may be withdrawn to a family member of a citizen of the European Union, of a family member of a citizen of the Swiss Switzerland, a member of the family of a national of a State party to the agreement on the European economic area, who is not a citizen of the European Union, Switzerland or the Swiss State-party to the agreement on the European economic area in cases where the person is signaled in the Schengen information system for refusal of entry and after consultation with the Member State issuing the alert when it is confirmed that the person creates a real threat to national security or to take actions against national security or public order. "

5. In art. 26:

a) a new para. 2:


(2) Entry in the Republic of Bulgaria may be refused to a family member of a citizen of the European Union, of a family member of a citizen of the Swiss Switzerland, a member of the family of a national of a State party to the agreement on the European economic area, who is not a citizen of the European Union, Switzerland or the Swiss State-party to the agreement on the European economic area in cases where the person is signaled in the Schengen information system for refusal of entry and after consultation with the Member State issuing the alert when it is confirmed that the person creates a real threat to national security or to take actions against national security or public order. ";

(b)) the previous para. 2 and 3 become respectively al. 3 and 4.

§ 52. In the law on civil registration (official SG. 67 of 1999; amend., SG. 28 and 37 of 2001 No. 54 of 2002, 63/2003, no. 70 and 96 of 2004, no. 30 of 2006 and 48/59 of 2007 No. 105 of 2008, issue 6, 19, 47, 74 and 82 from 2009 and no. 33 of 2010) make the following additions :

1. In art. 3, al. 2, item 2 (a), after the words "received permission to" insert "or" long term.

2. In art. 26, al. 2, paragraph 1, after the words "authorization of" insert "or" long term.

§ 53. The State Agency for national security (promulgated, SG. 109 of 2007; amend., SG. 69 and 94 since 2008, issue 22, 35, 82, 93 and 42 by 2009 and no. 16, 80 and 97 of 2010) in art. 41, para. 1, item 2, after the word "continuous" a comma and add the "long-term".

§ 54. In the Health Act (promulgated, SG. 70 by 2004; amend., SG. 46, 76, 85, 88, 94 and 103 by 2005, issue 18, 30, 34, 59, 71, 75, 81, 95 and 102 in 2006, issue 31, 41, 46, 59, 82 and 95 (2007), no. 13, 102, and 110 in 2008, issue 36, 41, 74, 82 , 93, 99 and 101 of 2009, PCs. 41, 42, 50, 59, 62, 98 and 100 of 2010.) in art. 83, para. 1, after the word "allowed" or "long-term is added.

§ 55. In the law on health insurance (official SG. 70 of 1998; amend., SG. 93 and 153 of 1998, no. 62, 65, 67, 69, 110 and 113 in 1999, issue 1 and 64 in 2000, 41/2001, no. 1, 54, 74, 107, 112, 119 and 120 of 2002, no. 8, 50, 107, 114 since 2003. , PC. 28, 38, 49, 70, 85 and 111 in 2004, PCs. 39, 45, 76, 99, 102, 103 and 105 of 2005, St. 17, 18, 30, 33, 34, 59, 95 and 105, 2006, issue. 11, 26, 31, 46, 59, 97, 100 and 113 of 2007, PC. 37, 110 and 71 of 2008, PCs. 35, 41, 42, 93, 99 and 101 of 2009 and PCs. 19, 26, 49, 58, 59, 62, 96, 97, 98 and 100 of 2010.) make the following additions:

1. In art. 33, para. 1, paragraph 3, after the word "allowed" or "long-term is added.

2. In art. 34, para. 1, paragraph 2, after the words "authorization of" insert "or" long term.

§ 56. In the employment promotion Act (promulgated, SG. 112 of 2001; amend., 54/120 and by 2002, no. 26, 86 of 114 and 2003/52 and 81 of 2004 No. 27 and 38 by 2005, issue 18, 30, 48 and 33, 2006, 46/2007, no. 26, 89 and 109 from 2008. , PC. 10, 32, 41 and 74 from 2009 and PCs. 49, 59, 85 and 100 by 2010.) in art. 18, al. 3 make the following additions:

1. In paragraph 1, after the words "authorization of" insert "or" long term.

2. an item 6:

"6. the members of the family of aliens granted long-term residence."

§ 57. The Education Act (official SG. 86 of 1991; amend. 90/1996, no. 36, 124, and 153 of 1998 No. 67 and 68 (1999), no. 90 and 95 of 2002, no. 29, 71, 86, and 114 from 2003, no. 40 of 2004, no. 28, 94, 103 and 105 by 2005. , PC. 41 and 105, 2006, issue. 113 of 2007, PC. 50 by 2008, PCs. 35, 36 and 74 from 2009 and PCs. 50 and 78 from 2010) in § 4 para. 2, paragraph 1 of the supplementary provisions after the word "country" is a comma and add "as well as pupils in compulsory school age – children, family members of the alien with the permitted long-term residence in the country."

§ 58. In the law on medicinal products for human use (official SG. 31 of 2007; amend., SG. 19, 65 and 71 of 2008, no. 10, 23, 41, 88 and 102 of 2009 and no. 59 and 98 of 2010) in art. 221 para. 2 and 3 are amended:

"(2) Bulgarian citizens and aliens who are allowed residence in the country, in their journey out of the Republic of Bulgaria may wear or to export medicines intended for the treatment, under conditions and by an order determined by the Ordinance under para. 1.

(3) Aliens who are issued a visa for a short stay on the territory of the Republic of Bulgaria may possess medicinal products intended only for their treatment, in quantities determined by the Ordinance under para. 1. "

§ 59. In the law on mediation (official SG. 110 of 2004; amend., 86/06) in art. 8, al. 1, paragraph 4, after the words "authorization of" insert "or" long term.

§ 60. The legal aid Act (official SG. 79 since 2005; amend., 105/2005, no. 17 and 30 of 2006, 42/2009 and no. 32, 97 and 99 of 2010) in art. 45, para. 1 the word "term" is replaced by "continuous, long-term or permanent."

§ 61. In the law for the recognition of professional qualifications (official SG 13 of 2008; amend., SG. 41 and 74 from 2009 and no. 98 of 2010) in art. 8, al. 1, paragraph 3, after the words "authorization of" insert "or" long term.

§ 62. Social Assistance Act (promulgated, SG. 56 1998; amend., SG. 45 and 120 of 2002, no. 18, 30 and 105 of 2006, issue 52 and 59 since 2007, 58/2008 14/41 and 74 from 2009 and no. 15 of 2010) in art. 2, al. 1 and 4, after the words "authorization of" insert "or" long term.

§ 63. In the law on transplantation of organs, tissues and cells (promulgated, SG. 83 of 2003; amend., SG. 88 (2005) 71/06, 36 and 41/2009 and no. 98 of 2010) in art. 20, para. 1 the words "long-term resident" shall be replaced by ' continuously resident, long term or permanent. "

§ 64. In the Census of population and housing censuses in the Republic of Bulgaria in 2011 (official SG 39 of 2009; amend., SG. 100 of 2010) the following amendments and supplements shall be made:

1. In art. 4, al. 1:

a) in paragraph 4, the words "article. 23, para. 3, item 2 of ' shall be deleted;

b) in point 7, the words "short or long-term residence pursuant to art. 23, para. 2 and al. 2, item 1 "shall be replaced by" short-term, long-term, long-term or permanent residence in accordance with ".


2. In art. 6, al. 1, item 2, after the word "constant" is added "or long-term", and the words "in accordance with art. 23, para. 3, item 2 of the law on foreigners in the Republic of Bulgaria "and the words" pursuant to art. 23, para. 2 and al. 3, item 1 of the law on foreigners in the Republic of Bulgaria "are deleted.

§ 65. Article 8, point 1, letter "e" (on article 10, para. 1, item 19) and t. 3, § 9, paragraph 3 (concerning art. 26, para. 6), § 38, item 2, § 43 and § 51, item 4 and 5 shall apply from the entry into force of the decision of the Council of the European Union for full implementation by the Republic of Bulgaria of provisions of the Schengen acquis.

§ 66. Paragraph 18 concerning art. 24, al. 3, second sentence, § 35, § 38, paragraph 1, letter "e" on the art. 40, para. 1, 11 and 12 and § 50, item 1 (concerning paragraph 1 (a), second sentence) and item 2 (on p. 7 and 8) with effect from 1 June 2011.

The law was adopted by 41-Otto National sat Rainier on 13 January 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly:

Tsetska Tsacheva

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