Travelling to Bulgaria with Residence Card issued in the UK

[imbik]

I was wondering why people keep saying that travelling to Bulgaria, Romania, Ireland, etc. with RC is different because they are not in Shengen area, I do know shouldn't be a difference as long as they are in the EU.

There is something else also weird, if the country you want to travel is the origin of EU citizen, for instance my wife is Bulgarian and we will travel to Bulgaria together, in this case people say;

It is about if our marriage has been confirmed in Bulgaria (which has not), it is not about any EU citizen and her Non EU spouse travelling to any other EU country. Moreover Bulgarian consulate in London states the same.

Am I missing something here and could anyone share his/her experience similar?

Thanks

[mgb]

Some border officers don't understand the difference between schengen rules and eu directive 2004/38.
The right to entry and the right to enter visa free with a article 10 residence card is given from the directive 2004/38.
It doesn't matter if a eu member is part of the schengen area or not. Every eu member state is bound to the eu directive 2004/38.
If you own a RC you could printout ECJ C‑202/13 and present it to a border officer.
http://curia.europa.eu/juris/document/d ... id=1349849
There is also a version in bulgarian language available.

[imbik]

thanks mgb for your comment and sharing the link, I am still reading it.

As you pointed out that we could enter any country in the EU as long as my wife is with us. Moreover I probably will go to Ireland soon (which is not part of a Shengen area either) and I asked the Irish consulate here in the UK if I could enter with no visa, they said yes.

Bulgarian border officers certainly know that we will arrive as an EU citizen and her non-EU family members with Residence Cards. But we are pretty sure that they will treat us as a Bulgarian citizen and her Turkish family members. This is why Bulgarian consulate here in the UK told us we will need a Bulgarian confirmation document of our Turkish marriage certificate (which is absolutely irrelevant).

We must be in Sofia 2 months later for our children (citizenship). We have all documents with us explaining why we need to enter the country. We are ready to argue ( it is not our first time) but on the other hand my wife and I are also thinking about getting a tourist visa and be safe because we will not have a second chance regarding children.

Cheers

[mgb]

You could ask the bulgarian Consulat if Bulgaria is bound to C‑202/13.
Specially the part from "not permitting a Member State" on in the end judgement at the bottom.
If the bulgarian ministry of foreign affairs has a contact page you could also ask them.

[imbik]

Thanks again, I have already sent an email to Bulgarian ministry of foreign affairs this morning. Moreover I have added the following info which I had found on their website, I hope it applies to our case.

Citizens of the Republic of Turkey holding valid regular passports and visas issued by the Member States of the Convention implementing the Schengen Agreement or of the European Union, or residence permits issued by the Member States of the Convention implementing the Schengen Agreement or of the European Union, Switzerland or Liechtenstein, may enter the territory of the Republic of Bulgaria and transit there through without visas for up to 5 (five) days, where their transit is from the Republic of Turkey to the state which issued the visa or residence permit, as well as in case of transit from such state to the Republic of Turkey. Nationals of Turkey, holders of special passports are not visa exempt.

I will share the reply here.

[mgb]

I found a source for Bulgaria.

ACT on ENTERING, RESIDING and LEAVING the REPUBLIC of BULGARIA by EUROPEAN UNION CITIZENS and THEIR FAMILY MEMBERS

Link on this side
http://psc.egov.bg/en/bulgaria-visas
Under documents at the right, first link.

[imbik]

cheers and yes, it is the same link I could find recently and the quotation in my last post was actually part of it. I have already printed the whole document in both languages (English and Bulgarian).

3 things are certain and clear regarding the document;

1- It is offical ( issued by Bulgarian Ministry of Foreign affairs), dated 26.06.2017
2- It says a regular passport and residence permit (issued in one of the EU countries) are enough
3- Turkish citizens are allowed to visit Bulgaria upto 5 days (with residence permit)

But you know what, EVEN if they insert my name and my wife's name in that damn document, the officer at the border will find something to cause a trouble, it is as simple as that .

[mgb]

There is not much left over a border officer could find.
The lame excuse about schengen cannot work.
If he tell you that your wife is not a eu citizen in her home country ECJ C‑202/13 kick in. Hopefully you get a answer from the ministry of foreign affairs about this which you could show than.

[imbik]

If he tell you that your wife is not a eu citizen in her home country ECJ C‑202/13 kick in.

Good point! this is what they probably will tell us (I am reviewing ECJ C‑202/13). As I shared before, when I asked Bulgarian consulate in London to confirm our situation, they ignored the facts and EU rules and asked me if our marriage has been approved in Bulgaria and our children registered or not. Moreover they also asked if my Bulgarian citizen wife has a Bulgarian birth certificate or not (which is extremely irrelevant).

On the other hand,we have an offical invitations from the Bulgarian governmentour asking our children to be in Sofia (written in Bulgarian language, dated and signed). so we are not going there for holiday or any other purpose, the government invited us.

In short, eventually we will enter the country but tempers will flare