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European Migration Network
The Bulgarian Contact Point
April 2013
Sofia, BulgariaANNUAL POLICY REPORT 2012
The Bulgarian Contact Point-European Migration Network
Table of Contents
Executive Summary .............................................................................................. 4
1. INTRODUCTION ........................................................................................... 5
2.OVERVIEW OF ASYLUM AND MIGRATION POLICY
DEVELOPMENTS ........................................................................................... 12
2.1 Political developments................................................................................. 12
2.2 Overall developments in asylum and migration....................................... 12
Legislation .......................................................................................................... 12
3. LEGAL MIGRATION AND MOBILITY .................................................. 18
Legislative Changes ........................................................................................... 19
Information exchange ....................................................................................... 19
3.1 Economic migration .................................................................................... 20
3.2 Family Reunification ................................................................................... 23
3.3 Students and Researchers........................................................................... 23
3.4 Other legal migration .................................................................................. 24
3.5 Integration .................................................................................................... 24
3.6 Citizenship and Naturalisation .................................................................. 25
3.7 Managing Migration and Mobility ............................................................ 27
3.7.1 Visa Policy ................................................................................................. 27
3.7.2 Schengen Governance .............................................................................. 30
3.7.3 Border Monitoring ................................................................................... 30
3.7.4 Frontex ...................................................................................................... 33
4.1 Irregular Migration..................................................................................... 34
4.2 Return ........................................................................................................... 38
5. INTERNATIONAL PROTECTION INCLUDING ASYLUM ................ 41
5.1 Common European Asylum System .......................................................... 41
5.2 European Asylum Support Office ............................................................. 42
5.3 Intra-EU Solidarity including Relocation ................................................. 42
5.4 Cooperation with third countries including Resettlement ...................... 42
6. UNACCOMPANIED MINORS AND OTHER VULNERABLE
GROUPS ............................................................................................................ 43
6.1 Unaccompanied Minors .............................................................................. 43
6.2 Other Vulnerable Groups........................................................................... 43
7. ACTIONS AGAINST TRAFFICKING IN HUMAN BEINGS ............... 44
8. MIGRATION AND DEVELOPMENT POLICY...................................... 47
9. IMPLEMENTATION OF EU LEGISLATION ........................................ 48
9.1 Transposition of EU legislation 2012 ......................................................... 48
9.2 Experiences, debates in the (non-) implementation of EU legislation .... 50
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ANNEXES:
Annex A: Methodology and Definitions .......................................................... 53
A1. Methodology................................................................................................ 53
A2. Terms and Definitions ................................................................................ 54
Annex 2: National Statistics ............................................................................. 55
Annex 3: Bibliography / References /Sources................................................. 57
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EXECUTIVE SUMMARY
This is the 4th Annual Policy Report submitted by the National Contact Point in
Bulgaria of the European Migration Network (EMN). It covers the period from
1st January 2012 to 31st December 2012.
The previous three reports have provided complete and detailed information
about overall structure regarding elaboration and implementation of migration
and asylum policy in the Republic of Bulgaria.
The present document focuses principally on the policy developments in 2012 in
order to contribute to the report to be prepared by the Commission and possibly
presented to the Council in June 2013, as well as by EASO for the purposes of
its own Annual Report.
In 2012 were not made significant changes in migration policy of the Republic
of Bulgaria.
During the reference period it was observed sustainability in implementation of
policies set up in National Strategy on migration, asylum and integration (2011-
2020).
At the national level have continued to apply common policies on asylum,
migration and integration, according to the main EU policy guiding documents:
Global Approach to Migration and Mobility;
EU Action on Migratory Pressures – A Strategic Response;
EU Strategy towards the Eradication of Trafficking in Human Beings
(2012-2016);
European Agenda for the Integration of Third-Country Nationals.
In the beginning of 2012 National Council for Migration Policy as a main
coordinating body approved Annual Report for 2011 and Action Plan for 2012
on implementation of the National Strategy in the field of migration, asylum and
integration (2011-2020). On the 1st of March 2012 the both documents were
endorsed by the Decision of the Council of Ministers.
According to the Action Plan the main activities in 2012 were targeted on
implementation of policies in followed areas:
Border control and visas, fight against illegal immigration and trafficking
in human beings,
Asylum;
Migration, development and integration;ANNUAL POLICY REPORT 2012
The Bulgarian Contact Point-European Migration Network
Bulgarians abroad;
Other areas.
In the beginning of 2013 were reported on fulfilment of the Action Plan
measures as a progress has noted in all areas mentioned above.
In the reference period legislative changes have been made aimed at
harmonization of national legislation with the European acquis in the field of
migration and asylum.
The administrative capacity of the responsible institutions have constantly been
strengthened, the efficiency of interaction between competent institutions have
permanently been increased.
Given the implementation of a targeted national policy in 2012 have not held
serious and significant public debate on migration and asylum, aimed at
changing this line.
It should be also emphasized enchasing the cooperation with non-governmental
and international organizations for corrective activities of government
institutions responsible for the management of migration.
1. INTRODUCTION
This research survey was carried out in accordance with art. 9, paragraph 1 of
Council Decision of 14 May 2008 establishing a European Migration
Network (2008/381/EC) which states: “Each National Contact Point shall
provide every year a report describing the migration and asylum situation in the
Member State, which shall include policy developments and statistical data.”
The report aims at meeting this requirement considering the reference period
from 1st of January 2012 till 31st of December 2012.
As already was indicated in the Summary the purpose of this document is in
accordance with the specifications to provide a picture of the most significant
developments in the policy on migration and asylum, made in 2012 in Bulgaria,
as well as to mark the most considerable events making progress.
In the process of Report’s preparation were strictly followed the
recommendations set up in Study specifications as well as the production of
National Reports more specifically to be targeted for a national audience.
Also are taken into account guidelines for particular emphasis on aspects/items
(e.g. experiences in implementation of legislation) which are considered as
relevant to support the work of policymakers, both at national and EU-level.
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The proposed definition guideline of “significant developments/debates” as an
event, which is discussed in the national parliament and reflected widely in the
media is taken into consideration in presses of drawing up the report. Thus
significantly define events/debates leading to any proposals to change the
legislation or new legislation.
Structure of Asylum and Migration policy
In 2012, the structure of state institutions responsible for policy on migration
and asylum is the same as in the previous 2011. This structure corresponds to
the information as given to EMN under „The Organisation of Asylum and
Migration Policies. Factsheet: Bulgaria”. This file is available on the EMN
official web site (European Migration Network).
The National Council on Migration Policy1, established under the National
Strategy in the field of migration, asylum and integration (2011-2020)2 is
chaired by the Minister of Interior in view of improving inter-ministerial co-
operation and coordination between the structures engaged in the migration
processes. The Council functions as a linking unit between the respective
ministries, the local authorities and the non-government sector engaged in the
management of migration processes.3
The Republic of Bulgaria has put in place the institutional system and the
administration for implementation of the national migration, asylum and
integration policy, as follows:
Ministry of Interior (MoI)4 has two main structures with competences
regarding migration processes
Migration Directorate5 is a specialized structure within MoI, responsible
for the coordination of migration processes and of migration policy
development, for the regulation and control of the migration of third-
country nationals residing in Bulgaria, for providing administrative
services to the EU and the EEA citizens and for attending foreigners
subject to expulsion or compulsory taking to the national border.
Migration Units are set up within the Regional directorates of MoI;
General Directorate “Border Police” (GDBP)6 is responsible for border
control, protection of the state borders, counteraction of illegal migration
and human trafficking. DGBP has regional units – Regional Border Policy
Directorates (RBPD) – under the management of DGBP’s director. GDBP
1
http://nsmp.mvr.bg/default.htm
2
Национален съвет по миграционна политика
4
Министерство на вътрешните работи
5
http://migration.mvr.bg/default.htm
6
Главна дирекция "Гранична полиция"
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cooperates and interacts with bodies having competence on the issues of
asylum, refugees and the residence of foreigners, with a view to achieving
effective migration control.
Within Ministry of Foreign Affairs7 the Consular Affairs Directorate and
Bulgaria’s representations abroad are responsible for the issuing of visas and for
the interaction with the competent Bulgarian institutions and the visa services of
Member States regarding the implementation of the visa regime, the issuance of
national visas now and of uniform Schengen visas upon Bulgaria’s joining the
Schengen Area. The Consular Affairs Directorate maintains the National Visa
Information System via the National Visa Management Centre and in
accordance with the EU and Schengen requirements and is responsible for its
connection to the Visa Information System of the EU, as well as for the set up
and maintenance of a Visa Backup Centre. Applications for long-term visas
shall be deposited in consular offices but decisions on the issue comply with the
Migration Directorate and the State Agency for National Security.
The Ministry of Labour and Social Policy8 is responsible for formulating and
implementing the policy for receiving third-country nationals on the labour
market, for the signing of bilateral employment agreements and social security
agreements with third countries, for assisting Bulgarian nationals in other
Member States and nationals of other Member States in Bulgaria in exercising
their employment and social security rights of EU citizens, for coordinating the
Bulgarian policy for the integration of third-country nationals.
National Employment Agency9 is an executive agency under the Minister of
Labour and Social policy, which is responsible for the implementation of the
policy for protection of the labour market and regulated reception of third-
country nationals for employment. The Agency, through its regional offices,
registers EU citizens looking for jobs in Bulgaria. It assists Bulgarian nationals
for employment abroad in line with the international treaties and employment
agreements, as well as within the EURES (European Employment Services)
information and mediation network.
In the Ministry of Justice10 Bulgarian Citizenship Directorate has competences
regarding acceptance and verification of Bulgarian citizenship applications and
proposals; it organizes the coordination citizenship procedure at the
interinstitutional level.
7
Ministry of Foreign Affairs
8
Министерство на труда и социалната политика
9
Агенция по заетостта
10
МИНИСТЕРСТВО НА ПРАВОСЪДИЕТО НА РЕПУБЛИКА БЪЛГАРИЯ
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State Agency for National Security (SANS)11 is among the institutions
responsible for counteracting the migration pressure on Bulgaria associated with
the possible establishment on national territory of persons connected with
international terrorist organizations or with organized crime formations acting
on Bulgarian territory.
The State Agency for Refugees (SAR)12 with the Council of Minister is a
legal entity financed from the state budget, seated in Sofia and having territorial
units across the country. Its responsibilities include decision-taking on refugee
and asylum cases, cooperation with other EU Member States in accordance with
the Dublin Convention and with other competent Bulgarian institutions
regarding refusals to grant asylum to asylum seekers.
The Agency is headed by a chairperson who is a body of the executive entrusted
with special competence. The chairperson provides guidance, coordination and
control on the implementation of the state policy for granting asylum and
humanitarian status to foreigners in the Republic of Bulgaria.
The regional units of SAR include the transit, the registration-and-acceptance,
and the integration centres.
National Commission for Combating Trafficking in Human Beings13 under
the Council of Ministers organizes and coordinates the interaction between
various agencies and organizations implementing the Law on Combating
Trafficking in Human Beings. The Commission determines and manages the
implementation of national policies in combating human trafficking. An
important part of the Commission is the organization of information, education
and awareness campaigns among risk groups and society.
As institutions with partial competence in the field of migration and asylum can
also be included Ministry of Economy, Energy and Tourism14, Ministry of
Education, Youth and Science15, Ministry of Health16, State Agency for
Child Protection17, State Agency for Bulgarians Abroad18.
The general structure of the legislation system on migration and asylum in the
Republic of Bulgaria has not changed since previous report.
It includes:
Constitution of the Republic of Bulgaria19, according to the Art.27 (1)
Foreigners residing legally in the country shall not be expelled or extradited to
11
http://www.dans.bg/
12
State Agency for Refugees :: Home
13
Home - National commission for combating trafficking in human beings
14
http://www.mi.government.bg/en
15
http://www.minedu.government.bg/
16
http://www.mh.government.bg/favicon.ico
17
http://sacp.government.bg/favicon.ico
18
http://www.aba.government.bg/favicon.ico
19
National Assembly of the Republic of Bulgaria - Constitution
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another State against their will, except in accordance with the provisions and the
procedures established by law. (2) The Republic of Bulgaria shall grant asylum
to foreigners persecuted for their opinions or activity in the defence of
internationally recognized rights and freedoms. (3) The conditions and
procedure for the granting of asylum shall be established by law.
Ministry of Interior Act, promulgated State Gazette (SG) 17/24 February 2006.
Last amendment SG 44/ 12 June 2012;20
Law for the Foreigners in the Republic of Bulgaria (LFRB)21, prom. SG 153/
23 December 1998, last amendment SG 23/8 March 2013. It transposes all
relevant Community acts regulating the entering, residing in and leaving the
national territory by third-country nationals.
Law on Entering, Residing and Leaving the Republic of Bulgaria by EU
Citizens and Their Family,22 prom. SG 80/3 October 2006, last amendment SG
21/13 March 2012. The Law implements in the Bulgarian legislation the
provisions of Directive 2004/38/EC of 29 April 2004 on the right of citizens of
the Union and their family members to move and reside freely within the territory
of the Member States;
Law on Protection against Discrimination,23 prom. SG 86/ 30 September 2003,
last amendment SG 15/15 February 2013, states that legally residing immigrants
are guaranteed all rights (in particular the right to education, work, community
and social services) and imposes all the obligations of the Constitution of the
Republic of Bulgaria, with the exception of those connected with Bulgarian
citizenship;
Law for Bulgarian Identification Documents, 24 prom. SG 93 /11 August 1998,
last amendment SG 42/ 5 June 2012.This law lays down the procedure for
issuance, use and storage of Bulgarian identity documents of third country
nationals, EU citizens, EEA citizens and citizens of Swiss Confederation
Law on the Civil Registration, 25 prom. SG 67/27 July 1999, last amendment SG
42/ 5 June 2012г. The object of this law is the obligation of civil registration for
each person in Bulgaria - all Bulgarian citizens, foreigners with long-term
permits, stateless persons residing in Bulgaria and persons with refugee status.
20
http://www.mvr.bg/NR/rdonlyres/5F939B72-40AD-45AB-A78A-D09207DB695C/0/ZMVR_EN.pdf
21
http://www.mvr.bg/NR/rdonlyres/8C3CCC42-3E72-4CBB-900A-E8CB6DE82CAD/0/ZVPNRBGESChTS_EN.pdf
22
http://www.mvr.bg/NR/rdonlyres/66562F86-69FA-4FCC-9733-50FC4FA3C62B/0/ZVPNPBGES_BG.pdf
23
Lex.bg - Закони, правилници, конституция, кодекси, държавен вестник, правилници по прилагане
24
http://www.mvr.bg/NR/rdonlyres/C1CF73E2-D317-4F62-9762-17A7A329A15A/0/Law_BG_Identification_Documents_EN.pdf
25
Lex.bg - Закони, правилници, конституция, кодекси, държавен вестник, правилници по прилагане
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Law for the Asylum and the Refugees,26 prom. SG 54/31 May 2002, last
amendment SG 39/20 May 2011, determines the terms and conditions for
granting special protection to foreigners in the Republic of Bulgaria, including
asylum, refugee status, humanitarian status and temporary protection.
Law on Countering Trafficking in Human Beings27, prom. SG 46/20 May
2003, last amendment SG 74/15 September 2009. The Low regulates the
cooperation between government departments and municipalities and between
them and non-governmental organizations in order to prevent and combat
trafficking in human beings, and the development of national policy in this area.
Employment Promotion Act, prom. SG 97/24 October 1997, last amendment
SG 16/19 February 2013. The Law regulates public relation in promoting and
supporting employment, vocational information and counselling, mediation
information and employment of BG citizens abroad and hiring TCNs in Bulgaria,
regulates the access of TCNs to the labour market;
Law for the Bulgarian Citizenship28, prom. SG 136/18 November 1998, last
amendment SG 16/19 February 2013, establishing the conditions for acquisition,
clearance and restoration of Bulgarian citizenship.
Procedures for implementing the Law on the Foreigners in the Republic of
Bulgaria and the Law on Bulgarian Identity Documents shall be governed by
Regulations for their implementation.
According to the Study specifications, the amendments of abovementioned laws
are under review in further text of the report.
Other regulations on migration have been described in previous reports because it
will not be given special attention in this text. It should be pointed out that in
2012, have made significant amendments to the Ordinance for the Order of
temporary accommodation of foreigners, for the Organization and
Operation of Special Homes for Temporary Accommodation of Foreigners29,
issued by the Minister of Interior, SG. 45/15 June 2010, last amended SG 57/27
July 2012.
26
http://www.mvr.bg/NR/rdonlyres/BC96E947-6DF6-48F6-9872-85F94CE8FC6C/0/07_Law_Asylum_Refugees_EN.pdf
27
http://www.mlsp.government.bg/equal/equalen/trafficking_Bulgaria_4.pdf
28
http://eudocitizenship.eu/admin/?p=file&appl=currentCitizenshipLaws&f=BUL%20law%20on%20Bulgarian%20Citizenship%20(
consolidated%20version%202007_English).pdf
29
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Commissions under the President of the Republic of Bulgaria
In 2012, with the inauguration of the new President of the Republic of Bulgaria,
Mr. Rosen Plevneliev changes were made in the administrative structures of the
President, which have expertise in the field of asylum and Bulgarian citizenship.
By Decree №13 of January 23, 201230, pursuant to Article 104 of the
Constitution of the Republic of Bulgaria, President Rosen Plevneliev requested
the Vice President Margarita Popova to exercise the powers of the President
under Art. 98, section 9, section 10 and section 11 of the Constitution:
• Parole
• Granting, restoration and deprivation of Bulgarian citizenship
• Asylum
Along with this, it has been conferred on the Vice President to exercise the
powers of the President under Art. 98, paragraph 7 of the Constitution in the
Bulgarians living outside the Republic of Bulgaria Act.
Commission on Asylum31 is a body that supports the Vice President of the
Republic, on whom the President devolved the exercise of the functions within
art. 98, item 10 of the Constitution of the Republic of Bulgaria (Granting
asylum).
The Commission on Asylum was appointed by Decree № 124 of March 27, 2012
by the President of the Republic of Bulgaria. The operating rules of the
Commission on Asylum were approved by Presidential Decree № 125 of March
27, 2012. The Commission has advisory functions performed at regular meetings.
The Commission shall prepare a reasoned proposal regarding each application for
asylum submitted to the President of the Republic of Bulgaria. The Commission
may invite representatives of NGOs to participate in its meetings, without having
the right to vote.
The Commission on Bulgarian Citizenship and Bulgarians Abroad32 is a
permanent subsidiary body to the Administration of the President that acts in an
advisory capacity. The Commission supports the Vice President of the Republic,
to whom the head of state issued a decree devolving the implementation of the
functions in art. 98, section 9 of the Constitution of the Republic of Bulgaria. The
Commission assists the Vice President in the implementation of policy on
Bulgarians abroad. The operating rules of the Commission on Bulgarian
30
http://president.bg/cat20/Vice-President-Constitutional-powers/favicon.ico
31
President of the Republic of Bulgaria
32
Bulgarian Citizenship and Bulgarians Abroad
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Citizenship and Bulgarians Abroad were approved by Presidential Decree № 212
of June 1, 2012.
2.OVERVIEW OF ASYLUM AND MIGRATION POLICY
DEVELOPMENTS
2.1 Political developments
In 2012, in the Republic of Bulgaria were not implemented important policy
changes, such elections, both at national and local levels.
The ministers responsible in the field of migration, asylum and integration, was
not changed.
As an important fact to be noted is the inauguration of President Rosen
Plevneliev.
New Bulgarian president was elected in the 30th of October 2011. The political
party GERB candidate Rosen Plevnelrev won the elections33. President
Plevneliev took office on January 22, 201234.
2.2 Overall developments in asylum and migration
As have noted in 2012 continued implementation of the policies adopted in 2011
through the National Strategy in the Field of Migration, Asylum and Integration
(2011-2020).
Legislation
During reference period in national legislation have been made proposals for
amendments.
The proposed draft Law on amendment and supplement to the Law for the
Foreigners in the Republic of Bulgaria transpose the requirements of Directive
2011/51/EU of the European Parliament and of the Council of 11 May 2011
amending Directive 2003/109/EC to extend its scope to beneficiaries of
international protection and precise existing provisions in order to achieve full
compliance with EU legislation.
The main objective of the proposed framework is to create the legal possibility
for refugees and beneficiaries of subsidiary protection (hereinafter referred to as
“beneficiaries of international protection”) to acquire long-term resident status
after five years of EU legal and continuous residence in Bulgaria.
33
Bulgaria President Rosen Plevneliev Elected
34
Bulgaria's President Plevneliev takes office — European business, finance and EU political news from EUbusiness -
EUbusiness.com
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Directive 2011/51/EU amends Directive 2003/109/EC as deleted from the scope
exceptions relating to beneficiaries of international protection. Accepted
arguments are related to ensuring legal certainty about their residence in the
Member States and rights comparable to those of EU citizens after five years of
legal residence. This provides the basis for a more complete integration of
beneficiaries of international protection in the country of residence, mobility
within the EU and equitable treatment in a wide range of economic and social
issues.
Key elements to achieve the goal include:
Creation of a statutory beneficiaries of international protection from long-
term residents in the EU, under the same conditions as other TCNs;
Determine the conditions under which long-term residents, including
beneficiaries of international protection may exercise their right of
residence in the Republic of Bulgaria as the second Member State;
Ensuring compliance with the principle of non-refoulement, where a
beneficiary of international protection who has acquired a long-term
residence in a Member State, on the basis of this protection is also granted
long-term residence in Bulgaria;
Equal treatment of beneficiaries of international protection in economic
and social matters without prejudice to the rights guaranteed by Directive
2004/83/EC of 29 April 2004 on minimum standards for the qualification
and status of third country nationals or stateless persons as refugees or as
persons who otherwise need international protection and the content of
the protection granted.
In accordance with the requirements of Directive 2011/51/EU of the bill is
offered:
- Definition in Art. 7 of the Law on Foreigners its applicability with respect to
foreigners beneficiary;
- Complement to the Art. 24d of the LFRB establish the possibility of long-term
residence status to be granted to foreigners benefiting from international
protection. The specific rules govern the reporting of a 5-year period of legal
and continuous residence in the country where the foreigner applying for the
provision of long-term residence status under international protection.
Determine the scope of international protection according to the Art. 2 of the
Directive 2004/83/EC, is reflected in the Supplementary Provisions of the Law
on Foreigners;
- Ensuring mutual information of the Member States concerning the legal status
of a person if national authorities for granting and withdrawing international
protection status are different from those for granting and withdrawing long-
term resident status;
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- Schedules of rules specifically mention it possible to clearly distinguish
granted long-term residence under international protection from other categories
of foreigners enjoying long-term status - in accordance with a uniform format
for residence permits for third-country nationals defined in Art. 24e of FRBA;
- Addition of ad hoc hypotheses to the grounds for refusal to issue or renew a
residence under Art. 26 of the LFRB and the grounds for revocation of the
residence status according to the Art. 40 of the Law for the Foreigners, which
comply with the rules or withdrawing international protection granted.
Supplementing Chapter Three “a”, “Residence of a foreigner who has been
granted long-term residence in another Member State and based on the criteria
set out in Art. 21, Para. 2 of the Directive 2004/83/EC (which refers to the
Directive 2011/51/EU), Art. 33h of FRBA regulate the grounds under which the
expulsion of the TCN granted international protection in the first Member State
before having been granted long-term residence in Bulgaria.
In addition, and to respect the commitments of Bulgaria on the implementation
of the Directive 2011/51/EU, in Art. 33i of the LBRB are précised the
conditions and procedures for mandatory counselling and information exchange
between Member States in case of for residence transfer responsibility, for
international protection devolution and becoming a long-term stay in Bulgaria as
the second Member State.
There is another supplement in Art. 42 of the LFRB, regarding expulsion of
long-term resident in Bulgaria TCN granted international protection in another
Member State, which enact obligatory consultation to confirm the presence of
international protection. Proposed provision provided if, after consultation, it is
found that the TCN continues to enjoy international protection in the Member
State in which they are conducted, expulsion is possible only to that Member
State. In this case, it is obliged to accept the TCN and his family members –
without formalities.
As the Directive allows, it was reserved the possibility foreigner to be expelled
outside the European Union, but this should be done with respect to the non-
refoulement principle, and to the extent with applicable grounds of Art. 21, Para.
2 of the Directive 2004/83/EC.
In accordance with the Visa Code were supplemented and clarified certain
provisions of the LFRB relating to the issuance of visas in Articles 9g - 9h and
Article 10, Para 1, with a possible extension of authorized stay based on a visa
issued under Article 23, and considering the reasons for issuing.
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Given the comments made by the external auditors on the application of the
Directive 2008/115/EC of the European parliament and of the Council of 16
December 2008 on common standards and procedures in Member States for
returning illegally staying third-country nationals, by recent changes in LFRB
have been taken and accepted changes which give a European dimension to
measures of administrative compulsory.
In Art. 39 a, Para. 1; Art. 42, Para. 2; Art. 42 h, Para. 1 and Para. 3; Art. 44,
Para. 4, (2); Art. 46, Para.2, (2) words “Republic of Bulgaria” is replaced by “he
territory of the Member - States of the European Union.”
These texts have a suspensory effect. They will apply after the entry into force
of the Decision of the Council of the EU to fully implement the provisions of the
Schengen acquis in Bulgaria.
The Bill amending the LFRB was adopted by the National Assembly on 26
February 2013 (prom. SG 23/8 March 2013).
The passed Law made other changes related to the residence of third-country
nationals in Bulgaria. In accordance with the specifications these legislative
changes will be provide in further text of the report.
Debates
Given the improved cooperation with NGOs, which is also a priority in
migration policies, last year not marked public debates and disagreements
between the government and NGOs. Cooperation has brought significant
success.
Singular significant political debate in 2012 is associated with changes in the
Investment Promotion Act.
After adoption by National Assemble (December 2012), President Rosen
Plevneliev35 returned to Parliament for further review transitional and final
provisions of the Investment Promotion Act introducing changes to the Law for
the Foreigners in the Republic of Bulgaria and the Law for the Bulgarian
Citizenship.
According to the President Plevneliev, the amendments introduced between first
and second reading are expected to encourage investments in Bulgaria, but they
actually have the opposite effect. Bulgaria's head of state believed that the newly
adopted provisions of the LFRB create extra obstructions for foreign investors
35
DECREE 422 RETURNING TO THE NATIONAL ASSEMBLY PROVISIONS OF THE ACT AMENDING THE
INVESTMENT PROMOTION ACT, ADOPTED BY THE NATIONAL ASSEMBLY ON NOVEMBER 29 2012
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by introducing unnecessarily heightened requirements for granting a permanent
residence permit.
Mr. Plevneliev specified that he means the provisions requiring investors to have
contributed no less than 4 millions Bulgarian lev (BGN) to the capital of a
Bulgarian commercial entity in their capacity as associates or shareholders with
registered shares, owning 50% of the capital of the company, as a result of
which, investments of no less than this amount were made and no less than 50
jobs were created for Bulgarian nationals.
Bulgaria's President emphasized that other EU Member States such as Ireland,
Greece, Estonia, and Germany, have substantially lower requirements for
granting prolonged or permanent residence.
In January 2013 President’s veto on changes in Investment Promotion Act was
adopted by National Assemble36.
Finally, on February 13, 2013 was approved by Parliament Low amending the
Investment Promotion Act37,
As additional measures to encourage investment introduced by the Law
amending the Investment Promotion Act bundled with it were adopted
amendments to the Law for the Foreigners in the Republic of Bulgaria and the
Law for the Bulgarian Citizenship, which establish new opportunities for
acquisition of right of residence and citizenship by foreign investors According
to the large analysis, published in the Kapital Newspaper38.:
FRBA introduce two new grounds for obtaining a permit for prolonged
residence:
1. For TCN who have acquired or ownership of real estate for the sum 600 000
BGN, or invested this amount in the capital of the Bulgarian company, gaining
more than 50 percent of its capital and the sum of 600,000 BGN is used to
acquisition of title to property from the company. It is requiring the purchase
price is paid in full, and if the properties are acquired through borrowings
outstanding loans can not exceed 25%.
2. To invest in economically disadvantaged regions (municipalities where the
unemployment rate is higher than the national average, or areas where the gross
36
Bulgarian MPs accept presidential veto on Investment Promotion Act - The Sofia Globe
37
Vesti.bg - НС прие нови текстове в Закона за насърчаване на инвестициите
38
Външни анализи | Стимули или пречки пред чуждестранните инвеститори | Законодателните промени са положителна
стъпка но има и изисквания, които ще затруднят мащабни вложения - Капитал
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value added per capita is lower than the national average) by depositing at less
than amount of 250,000 BGN in Bulgarian company in which the TCN is a
partner or shareholder in registered shares and holds at least 50% of its capital.
An additional requirement is the result of the investment acquired new tangible
and intangible assets of not less than 250,000 BGN and revealed at least 5 jobs
for Bulgarian citizens maintained for the duration of his stay. Similar
opportunity for acquisition of permanent residence there before changes in
current regulations regarding foreigners carrying out commercial activities in the
country, there is no specific requirement for an investment, and this opportunity
is most often benefit managers, board members or procurators of companies.
The only additional requirement for this hypothesis is the result of commercial
activity have revealed at least 10 jobs for Bulgarian citizens maintained for the
duration of his stay.
A new option for obtaining a permanent residence permit by foreigners, the
investment by payment of not less than 500,000 BGN in Bulgarian company in
which the TCN is a partner or shareholder in registered shares and holds at least
50% of its capital. An additional requirement is the result of the investment
acquired new tangible and intangible assets of not less than 500,000 BGN and
revealed at least 10 jobs for Bulgarian citizens maintained for the duration of his
stay. Under consideration requires a much lower investment cost compared to
prior justification under the current climate system whereby residence permits
on the basis of an investment could only get foreigners invested over 1 million
BGN in a different form (such as shares of a public company in government
securities in the Bulgarian intellectual property, etc.) or 6 million BGN in shares
of a company are not traded on a regulated market requirement, however, the
possession of not less 50% of the capital, found on the right and long, and
residence preclude such residence to receive more than two foreigners investing
in a company. However, if the purpose of amending the law is to encourage
investment, the emphasis should be placed on the amount of the investment, not
the size of the shareholding of the investor. So if a company several foreigners
invest the threshold required to obtain a right of residence, although their
percentage participation is below 50% of the share capital of the company would
increase the positive effect of a significant increase in total investments, which
corresponds to purpose of the law. Therefore, in such cases, logical and legal
justification would obtain residence does not depend on the percentage of equity
in the company, and thus created an opportunity for the accumulation of large
facilities for the implementation of projects with high financial parameters.
By the amendments were introduced additional restrictions on the acquisition of
permanent residence by persons who operate in implementing and / or
maintaining an investment-certified by the Investment Promotion Act and
received a certificate for Class A, Class B or priority investment project, and
such persons are required to have a quality of:
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1) a partner or shareholder in registered shares holding 50% or more of the
registered capital of the company, or 2) representing the company or procurator,
or 3) employment contract for the implementation of key and/or control function
in the research, production, marketing, or other main activity of the enterprise or
other activity necessary for investment. Limitation that the number of persons
who can obtain permanent residence on that basis - up to 3 persons for the
period of the investment, up to 8 persons for the duration of her maintenance
and new grounds for obtaining permanent residence because of an investment
will requirement foreigner actually settled and reside in the country.
Bulgarian citizenship. In the framework in the Law for the Bulgarian
Citizenship as one of the grounds for citizenship “special contribution” to the
Republic of Bulgaria and this general formulation enabled as such pursuant to
interpreted and made significant investments. Now for the first time was
introduced grounds expressly investments, in which case the investor is not
required to release/give up their citizenship. With these changes were create
three sets of options for obtaining citizenship: 1) persons who for five years
have enjoyed the authorization of residence or pursuant to an investment 6
million BGN, 1 million BGN or 500,000 BGN (depending on the grounds for
obtaining permanent residence permit) or as representing companies or
employment contract in the company, a certificate granted under the IPA; 2) For
persons who had not less than one year have been granted permanent residence
pursuant to an investment of 6 million or 1 million BGN (depending on the
reason for acquiring permanent residence permit) and have spent at least 1
million BGN in the capital of a Bulgarian company, which performs priority
investment project, 3) For persons who a year ago have been granted permanent
residence as partners or shareholders holding 50% or more of the registered
capital of the company has received a certificate investment under the IPA, if
put into operation investments are maintained above the minimum threshold for
issuing investment certificate class (20 million BGN).
Finally, independent layer evaluated, legislative changes as a positive step in the
policy of encouraging foreign investments in Bulgaria.
3. LEGAL MIGRATION AND MOBILITY
National policy on legal migration and mobility is in accordance with the set up
in National Strategy on Migration (2011-2020) understanding that at times of
demographic and economic crisis migration is a resource that can contribute to
the economic growth and the security of the European Union provided that
efficient and effective migration management mechanisms are put in place. The
undergoing migration processes will transform Bulgaria from an emigrant
country to one receiving immigrants. Thus, the integration of third-country
nationals will become a key element of the overall national migration policy.
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The fundamental stone of the national policy on legal migration and the main
EU documents were a prerequisite for it development in 2012.
Legislative Changes
Important change has been made in the legislation on legal migration by the Bill
amending and supplementing the LFRB (prom. SG 23/8 March 2013)
The restriction, set up by the Art. 27, Para 1, was removed from the Law. Under
this provision the foreigners entered the Republic of Bulgaria on certain ground
according the LBRB, shell not extend their stay on another ground.
The existed restrictive condition does not stem from EU law, it is not known as
the practice in the laws of the Member States and it is unreasonably impede the
continuation of legal stay of third-country nationals in the country.
Information exchange
In the field of legal migration during reference period were widely used existing
EU instruments of information exchange, as priority was paid to EMN.
In 2012 two focussed studies were prepared: “Establishing Identity for
International Protection: Challenges and Practices” and Misuse of the Right to
Family Reunification: marriages of convenience and false declarations of
parenthood” as well as a main study “Immigration of International Students to
the EU”. The files are available on the EMN official web site (European
Migration Network)
Second National Conference of the European Migration Network, organized by
the national contact point – Migration Directorate-MoI, in collaboration with the
International Organization for Migration, was held in November 2012 in the
town of Pravets. Results under the EMN were reported and the pivotal
researches for 2012 were represented.
At the third meeting of Working Group for the Black Sea within Budapest
process39, chaired by the Republic of Bulgaria, held in Sofia in November 2012
was included panels dedicated to the development of legal migration.
The second panel discussion of the meeting was titled “Labour migration in the
Black Sea Region” and was chaired by Romania. Several countries contributed
to discussions with interventions and presentations; notably Afghanistan,
Albania, Bulgaria, Moldova, Pakistan, Turkey, Uzbekistan and Economic
Cooperation Organisation. It was made a conclusion that consequently it is very
important that there is sufficient information available to prospective migrants
39
Working Group Meetings
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about possibilities to migrate legally as well and on their rights and obligations
(as well as warning about the dangers of irregular migration).
The third panel discussion was titled “Legal migration and mobility channels”
and was chaired by Georgia. It was introduced by a presentation focusing on
ways to improve mobility channels and strengthen the system for granting
mobility. Several countries contributed to discussions with interventions and
presentations from Afghanistan, Belarus, Bulgaria, Poland, the Russian
Federation, Turkey and ICMPD. The discussion referred regarding the
importance of creating legal channels for migration and mobility and to provide
information to prospective migrants as well as the importance to provide for
better integration in host countries.
During 2012 regular interaction and coordination has conducted with other
Member States pursuant the Art. 25 of the Council Directive 2003/109/EC of 25
November 2003 concerning the status of third-country nationals who are long-
term residents.
3.1 Economic migration
The policy of the Republic of Bulgaria in the field of labour migration is based
on demand in the labour market; it is flexible and adaptable to the increased
mobility in the European Union.
Negative trends on the labour market in 2012 established as a priority the
protection of the national labour market, through appropriate mechanisms,
consistent with our commitments as an EU member and EU trends and
practices. As a result, and in accordance with the implementation of the policy
on the regulation of national labour market admission of third-country nationals
for employment in Bulgaria is carried out in strict compliance with the
regulations regarding the system of residence and employment of foreigners.
Activities of National Employment Agency
Employment Agency is a major mediator on the labour market, offering
mediation services for employment and training for all job seekers, including
foreigners who have equal access to them.
According to the Employment Agency to the 31 December 2012 the number of
registered unemployed in Bulgaria is 375 770. These data include TCNs who are
registered as job seekers.
In 2012, the Labour Office Directorate has registered 860 TCNs from 29
countries. Of these 845 persons are entitled to permanent residence and 15 are
with refugees or humanitarian status. The total number of foreigners registered
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at labour offices is 198, of which 23 have a job on employment programs and 17
were included in the trainings.
In Bulgaria there are no quotas for the admission of TCNs to certain professions.
The work permits for TCNs are issued by the Employment Agency, while for
the admission of highly-qualified workers from third-countries an EU Blue Card
is issued by the Ministry of Interior (after receiving a go-ahead from the
Employment Agency).
In the period from the 1st of January to the 31st December 2012 by the
Employment Agency were issued 584 work permits for third-country nationals,
357 of them are newly issued and 227 were continued. Compared with the
licenses issued in 2011 work permits are 12 less.
Conducted by the Employment Agency policy on national labour market is an
integral part of the employment policy of the European labour market. As a
remedy overcome to unemployment are promoting international labour mobility
and effective mediation for job seekers and employers through a network for the
exchange of jobs in the European Economic Area, EURES. In 2012, over 1500
Bulgarian citizens began seasonal or permanent job in another Member State
through the National Employment Agency, as a member of the EURES network.
Highly qualified employment
The exercise of highly qualified employment of foreigners in Bulgaria is in
accordance with the Bulgarian labour and social security legislation.
By introducing the “EU Blue Card” in the Bulgarian legislation has significantly
increased the ability to attract highly skilled migrant, respectively, are
considered the needs of the labour market.
In 2012 Employment Agency has granted 16 permits to exercise highly qualified
employment to citizens of Russia, Turkey, Ukraine, Iran, India, USA, China,
Serbia and Canada. Professions are engineers, lawyers, economists and IT
specialists.
Bulgaria seeks to attract highly qualified third-country workers as the local
employers need them in various sectors of the economy. Several projects aiming
to familiarize employers in the major cities of the country with the EU Blue
Card Directive and its transposition in the Bulgarian national legislation were
successfully implemented within the implementation of the annual programmes
of the European Fund for Integration of Third-Country Nationals. As a result, it
was found that larger companies implement the new regulations, while small
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and medium sized enterprises don’t have sufficient information about the matter,
thus the need for these specific programmes to continue.
According to the Ordinance on the State Requirements for Recognition of
University Education acquired in Foreign Institutions of Higher learning,
and of Periods of Studies completed at such establishments40(adopted by
Council of Ministers by Decree No. 168 of 14 August 2000, prom. SG 69/22
August 2000), the right to recognition of higher professional qualifications
have Bulgarian citizens, foreigners and persons with refugee status who have
been trained in high schools, designed and operated by the legal order in the
country in which higher education have acquired or have completed periods of
study. In recognition of higher education and completed periods of study in
foreign universities doesn’t allow any discrimination on the bases of age, sex,
race, disability, language, religion, political or other convictions, national,
ethnic or social origin, association with a national minority, property, birth or
other status, or on any circumstance which is not related to education for which
recognition is sought.
In order to facilitate access to the labour market or for other purposes,
recognition of higher education, acquired in foreign universities, have
organized by the Ministry of Education and Science through the National
Centre for Information and Documentation41.
With the last amendment of the Ordinance on the State Requirements for
Recognition of University Education acquired in Foreign Institutions of Higher
learning, and of Periods of Studies completed at such establishments (SG
102/22 December 2011), the number of required documents is shortened,
recognition procedure is shortened and academic recognition be completed
within two months of receipt of the necessary documents.
The above measures affect all persons, regardless of theirs nationality.
Cooperation with other Member States and the exchange of information on
academic recognition are carried out within the European network of academic
recognition and recognition of professional qualifications (ENIC/NARIC).
National Centre for Information and Documentation, which acts as the
National Information Centre for Academic Recognition and Mobility, is a
member of networks ENIC/NARIC.
Migration and labour market
40
http://www.mon.bg/opencms/export/sites/mon/en/left_menu/acts/ORDINANCE_on_the_State_Requirements_for_Recognition_of
_University_Education.pdf
41
NACID
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Bulgarian and European experts discussed good practices and successful
policies of integration of migrants in the labour market at the conference, held
on October 8, 2012 in Sofia42. The positions of the institutions were presented
(National Council of Migration Policy, Ministry of Labour and Social Policy,
State Agency of Refugees and others), of the NGOs such as Red Cross and
Open Society, of the academic sector (NBU-New Bulgarian University), and the
migrant communities. Special focus was given to the results of the European
project MIGRAPASS through analysis of good practices of countries with broad
experience in migration and integration such as Great Britain, France Spain and
Austria.
The round table was organized by the Centre for Migration Studies at NBU
(CERMES) and Centre for Human Resource Development and Regional
Initiatives at the Ministry of Labour and Social Policy with the kind support of
the French Institute.
3.2 Family Reunification
National legislation and practices of the Republic of Bulgaria regarding the
principle of family reunification are harmonized to high extent with EU
legislation.
During the reference period, legislative changes have been made concerning the
more complete implementation of EU provisions affecting the right to family
reunification.
In Art.2 and 24 of the LBRB are made adjustments (prom. SG 23/8 March 2013)
as expressly provided legal possibility to obtain self permit for prolonged
residence to certain members of family after termination of marriage and in the
event of emergency circumstances.
3.3 Students and Researchers
In 2012, supplements in the Law for the Foreigners in the Republic of Bulgaria
(prom. SG 21/13 March 2012) précised provisions regarding residence of TCNs
researchers in the sense of Council Directive 2005/71/EC on the specific
procedure for admitting third-country nationals for the purposes of scientific
research.
According to the new provisions of the Law, Art.24 b Para 7 new: Scientific
researchers’ family members may receive prolonged residence permit with a
duration corresponding to the duration of the respective scientific researcher’s
permit; Para 8 new: Foreigners accepted as scientific researchers in other
Member Sates may carry out their scientific research in the Republic of Bulgaria
for a term of three months on the grounds of the agreement concluded with the
42
CERMES: Centre for European Refugees, Migration and Ethnic Studies
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respective other Member State, which agreement shall be submitted to the
authorities exercising administrative control over foreigners along with a valid
residence permit issued by the respective other Member State. Such foreigners
must have enough means not to approach the social welfare system in amount
not less than the minimum working salary or pension under the Bulgarian
legislation for the entire period of their stay; Para 9 new. Foreigners accepted as
scientific researchers in other Member Sates may carry out their scientific
research in the Republic of Bulgaria for a term exceeding three months. In such
cases extended residence permits shall be issued under the terms and conditions
of Pars. (3) and (4).
3.4 Other legal migration
Implementing the National Strategy on Migration, Integration and Asylum
(2011-2020) efforts were focused on the possibility of attracting to permanent
settlement of TCNs of Bulgarian origin, the so-called “historical emigration”.
Among the actions for implementation of the strategy was set the priority for
attraction of highly qualified Bulgarian citizens, immigrants and foreigners of
Bulgarian origin for permanent settlement and resettlement in the country. In
this regards periodically Information Labour Fairs and Information Days are
conducted in given countries.
3.5 Integration
There have been some measures taken in this regard, although predominately
funded by the European Integration Fund (EIF). In the scope of the last annual
programmes of the EIF there were projects implemented and others still in the
process of implementation that have been aimed at promoting and ensuring the
equal treatment of migrants, as well as the possibility for them to participate
actively in the society. For example in the last two years there were, among
others, two projects in particular that have been regarded as a significant success
in the policy field – “Online courses for immigrants - successful integration into
Bulgarian society” and “Provision of legal representation to asylum seekers”.
A major tool in achieving the integration of foreigners with humanitarian and
refugee status is the National Programme for Integration of Refugees in the
Republic of Bulgaria 43(NPIRB).
Most foreigners, included in the program, are from Iraq and Syria. Underlying
NPIRB is the conviction that the integration of refugees is one of the indicators
of democratization of society, in the development and promotion of human
rights and freedoms. Integration is a focused, continuous, dynamic and
multifaceted process that requires efforts from all stakeholders involved in it:
willingness of refugees to adapt to the host society, without having to give up
43
State Agency for Refugees :: Home
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