site.btaForeigners in Republic of Bulgaria Act Amended Conclusively

The so-called "digital nomads" were added to the individuals eligible for a durable residence permit in Bulgaria, provided they hold a long-stay visa valid for up to six months and are authorized to day for up to 180 days, according to revisions to the Foreigners in the Republic of Bulgaria Act that Parliament passed conclusively on Wednesday.

The amended law defines "digital nomad" as "a foreigner who is hired under an employment contract by an employer registered or established outside a EU Member State and who provides remote services through use of information technologies".

According to another revision, eligibility for a durable residence permit was extended to visa-holding foreigners representing a foreign commercial corporation which has documented tax compliance and an annual turnover of at least BGN 100,000 or its foreign-currency equivalent translated at the Bulgarian National Bank's official exchange rate valid on the day of receipt of the documents for regular registration of the trade representation office at the Bulgarian Chamber of Commerce and Industry.  

Within seven days of the entry of any such foreigner into Bulgarian territory, their employer or a person authorized by the employer is obliged to report, together with the foreigner, at the Migration Directorate or at a Migration division of an Interior Ministry regional directorate and submit a copy of the visa page of the foreigner's passport and compulsory medical insurance valid for Bulgarian territory for at least three months until the issuing of a durable residence permit for the purpose of seasonal employment. Issuance of a residence permit or extension of the period of stay will be refused if it is established that the employer's enterprise has been established or operates for the purpose of facilitating foreigners' entry and residence. In such case, the Migration Directorate will inform the State Agency for National Security. 

Non-residents' registered representation offices have two years from the entry into force of the amending law to bring their registration particulars into conformity with it.

A foreigner who fails to apply for a residence permit in due time will be fined between BGN 100 and 500. An employer which fails to apply for an employee's residence permit will be liable to a pecuniary penalty of BGN 2000 to 1,000.

In case of a risk of child abduction, the regional court exercising jurisdiction over the child's present address, acting on a motion by a parent, guardian or custodian, will institute a case banning the exit from the country of a child usually resident in Bulgaria.

Upon entry into Bulgaria, a foreigner are required to declare the purpose of their arrival and, within three days, must state in writing the address of their stay, completing a residence address card in a standard form endorsed by the Minister of Interior, except where the foreigner is a package tourist. 

In line with EU Regulation (EC) No 810/2009 of 13 July 2009 establishing a Community Code on Visas (Visa Code), the amended legoslation introduced a "visa with limited territorial validity", which means a visa valid for the territory of one or more Member States but not all Member States.

Parliament resolved that the State Agency for National Security will be informed forthwith of visas issued at the external borders.

A foreigner's durable residence permit application must enclose a certificate issued by the National Information and Documentation Centre on recognition of a higher education degree attained by the foreigner in foreign higher education institutions. The same certificate must be enclosed with a foreigner's long-stay visa application. 

Foreigners holding a long-stay visa, who have been admitted as post-graduate students for specialist training in Bulgaria, are eligible for a durable-residence permit valid for up to one year.

A durable-residence permit will also be issued to foreigners demonstrating a gross average annual income equivalent to not less than 50 minimum monthly wages under Bulgarian legislation for the previous calendar year. 

Third country nationals' stay in Bulgarian territory will count as stay in the Schengen area territory under a common rule of stay per the Schengen Borders Code.

Where a holder of an EU Blue Card issued in another Member State relocates to Bulgaria and their family has already reunited in another Member State, such holder's family members will be allowed to accompany them or reunite with them. When the validity of a residence permit held by such family members expires, they will be issued a durable-residence permit for up to 90 days while their application is being processed.

Bulgarian nationals aged 14 to 18 will be issued identity cards valid for four years. Over 18-year-olds will have 10-year identity cards, and those aged over 70 may be issued identity cards valid for 30 years, Parliament resolved further.

The same bill also amended the Tourism Act, making it legally possible for the Interior Ministry to access the data on all tourists. So far national legislation obliged hotel operators to keep a register of guests containing information endorsed by the Minister of Tourism: name, personal identification number, date of birth, gender, citizenship, national identity document, accommodation room, date of arrival and departure, and number of nights spent. With regard to Bulgarian citizens, EU citizens, Swiss citizens and citizens of the European Economic Area countries, the information recorded is limited to the number of visitors accommodated, date of check-in and date of departure, without further identification particulars. The Minister of Interior has the right to access all data.