Bulgaria - The social impact of seasonal migration

Act, the Penal Code, the Penal Procedure Code, the Family Code, as well as in other
regulations enacted both by the legislature and by the executive power.
Domestic sources of legal provisions of special nature regulate in details the conditions
and the procedures for the foreigners to enter and stay in the Republic of Bulgaria.
Most important is the Foreigners in the Republic of Bulgaria Act of 23 December 1998, last
amended in 2002. The adoption of this statute and the subsequent amendments in it,
contributed to the harmonization of the Bulgarian legislation with the West European
one. This may be exemplified firstly by the fact that the definition of the term “foreigner”
is in correspondence with the one laid down in the Convention on the implementation
of the Schengen Agreement, with regard to the distinction of the foreigners who are
citizens of the European Community. Secondly, there is a new way of regulating the
terms and conditions for the foreigners to enter the country. In addition, a new section
was introduced, envisaging the introduction of a National Register of Foreigners
Residing on the Territory of the Republic of Bulgaria.
The most recent amendments and supplements in the Foreigners in the Republic of
Bulgaria Act achieved the following:
• The definition of “person without citizenship” is changed to become in compliance
with the Convention on the status of apatrides;
• There is preferential treatment of students’ trips in accordance with the Decision of
the Council of 30 November 1994 for joint action, adopted on the ground of Art. K 3.2,
“b” of the Treaty of the European Union concerning the facilitating of trips of students
from third countries, residing in a member state (394 D 0795);
• It is envisaged that no visas shall be required for foreign students, legally staying in a
country with whom the Republic of Bulgaria has established a non-visa regime, if they
are students travelling within the frames of a school trip and accompanied by a
teacher who has a list of the students, issued by the respective school;
• The classification of the types of visas is in full compliance with the Schengen
Agreement - for airport transfer, for transit passing, for short-term stay, for groups, for
long-term stay, and issued at the border;
• Special protection for foreigners under 18 years of age is introduced in the Council
Resolution of 26 June 1997 on unaccompanied juveniles citizens of third countries
(397 Y 0719 (02). It is envisaged that these persons receive the necessary material
support and care for their basic vital needs, medical care, and the corresponding
guardianship, including legal help and representation, as well as access to school.
The responsible authority is the Children Protection Agency;
• In compliance with the Council Resolution of 4 December 1997 on the measures to
be taken against marriages of convenience (397 Y 1216 (01), it is envisaged that
issuance of a permit for a long-term stay may be refused, and an issued one shall be
revoked in case of a foreigner who has married another foreigner, who has obtained
permit for a long-term stay, if evidence exists that the marriage has been contracted
solely for the purpose of evading the norms stipulating the regime for foreigners in
the Republic of Bulgaria and obtaining a permit for stay;
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