Law on Foreigners in the Republic of Bulgaria (spouse)

[ming]

Thank you to all for keeping up this Forum. Many of you seem very well informed and I thought to ask you if you know the law in regards to my current situation which I'll briefly outline here.

I am an Australian citizen. I was in Bulgaria for approx 180 days (6 months) on a formally extended free-visa stay. During this time I met and married my husband, he is a Bulgarian citizen. Prior to our marriage earlier this month, we sought advice from the Migration Directorate (in Sofia) on the procedure we should take so that I could remain in Bulgaria for additional 3-6 months. As advised by them, we left Bulgaria following our marriage to apply for visa C and visa D in Greece at the Bulgarian Embassy. We were told visa C could not be refused to me and would be issued almost immediately. Upon attempting to make my visa application at the embassy, it was refused by the consular officer. He stated that I don't have the right to apply for visa C because of the visa-free agreement between Bulgaria and Australia. He also refused my visa D application for reasons which we had never been informed of previously and which we still think are not entirely correct. I'm trying to keep this post succinct since the situation has become a little complicated, but I can provide further details if you need them.

Following the refusal at the embassy, we appealed to the Bulgarian Border Police to allow me into Bulgaria (to collect my belongings and move out of the apartment which I rent there). This has been granted for 1 week.

Meanwhile, we are reading up on the law regarding Foreigners in the Republic of Bulgaria and have contacted Solvit (still awaiting response) and trying to find information online. Because the actual law is difficult to ascertain at times and because we have been told many variations on the correct procedure we were to take, we are eagerly seeking clarification.

I kindly ask:

1. Do I have the right, as I have read, to remain in Bulgaria visa-free for up to 90 days as a non-EU family member (spouse) to my husband (Bulgarian citizen) (regardless of the fact that I've already been there on a visa-free stay prior to my marriage)?

2. Should and/or do I need to apply for a residence permit and what rights will this give me?

If there is anything else that anyone can tell me in regards to the circumstances I've mentioned here, it will be greatly appreciated.

Thanks in advance!

Sincerely

[Jambo]

I believe you have been told already that EU law doesn't apply in your case. As your husband is Bulgarian, it's the Bulgarian domestic immigration law that applies.

The right you quoted in (1) applies to EU nationals residing not in their country.

The Bulgarian laws must have provisions for spouse/marriage visa but I'm not familiar with those. You should try and search on Bulgarian website or consult with an immigration lawyer who specialise in Bulgarian law.

[ming]

Yes, I was asking if anyone knows about the Bulgarian laws. But, thank you.

[Directive/2004/38/EC]

Since EU law does not apply in your case, your rights in Bulgaria are entirely up to Bulgaria.

So your right to enter is (largely) at the discretion of the Buglarian border guard or visa officer. Initial visa? It is up to the person you ask. Further residence? It is up to the person you ask.

So you are right, it is best to ask somebody who knows Bulgarian law. And that is likely nobody here.