Law on Foreigners in the Republic of Bulgaria (family member/spouse)
Last activity 08 February 2013 by germainchar
Subscribe to the topic
Post new topic
Dear All,
Hoping someone here can help.
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 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 Athens, 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 consul. 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 from Greece for short stay. 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 
In bulgaria it is very complicated. I know, I've seeked lawyers inside I've been following their legislation etc. and even though it doesns't apply to me, contacted solvit.
Solvit from what I understood, will only come through when and if cross borders happen but forthis, it's not simply because you are in a different country that it works, no. You need to have some sort of link, i.e. residence from that EU country.
And since this doesn't apply to you(from what I understand) You must follow Bulgarian legislation which states Visa D - Long Stay - Basis of Marriage.
This is from what I know. Now if you find something let me know, because I might be doing the same as you soon. To me it seems incredible that only way to get a visa through work - is receiving a work permit prior to leaving the country (waiting a total of 60+ days for all to go through) What employer is willing to wait... rediculous.
So I truly suggest the following, just go and apply for Visa D (marriage basis) - in your permanent residence country, you will receive it within 45 days and you're off. For me, not so simple, I don't wish to come back to Canada, so I Can't just do this.
Hope this helped, and good luck.
I have a question, how hard was it to get married civil and church? Which one is valid for the visa(if you know) and how long did you wait to receive the civil one.. what about the waiting period, please inform me, finacée said its 6 months, kinda mad at this. Please let me know.
Concerning your first question. This section got edited for the following : Contact solvit, I think from what I Recall, officials can't deport you, but I lack on this knowledge. There's a free number to call from the EU, check it out, and give them a call with that question, keep in mind, general questions will be answered.
and concerning your second, you can't apply residence, of any sort, until you have Visa D ( not C ).
Good luck, and appreciate you can help me on my questions above aswell, let me know about your success to your road of freedom 
Germain
Articles to help you in your expat project in Bulgaria
Visas and residence for NON EUTypes of visas are:
Resident and work permit in BulgariaDo you need a work permit to work in Bulgaria? What are the conditions to be met to be eligible for a resident ...
Visas for BulgariaAre you moving to Bulgaria? Find out in this article whether you have to apply for a visa and how to proceed.
Giving Birth In BulgariaIf you find yourself pregnant in Bulgaria, you may be wondering if you will have to head home to have your baby. ...
Leisure in BulgariaWondering how to keep yourself busy after work and during week-ends? Here is an overview of leisure activities ...
Education in BulgariaEducational Structures and Background:
Opening a bank account in BulgariaDo you wish to open a bank account in Bulgaria? Find out how to proceed in this article.
Traveling to Bulgaria with your petWould you like your pet to accompany you during your trip to Bulgaria? Find out how to proceed in this article.
