Opinion

Submitted by BESCO – Bulgarian Entrepreneurial Association

Regarding the Draft Act Amending and Supplementing the Foreigners in the Republic of Bulgaria Act

(State Gazette No. 153 of 1998, as subsequently amended; published on the Public Consultation Portal on 2 October 2023)

Dear Sir or Madam,

Having reviewed the proposed amendments and with a view to further improving the provisions of the Foreigners in the Republic of Bulgaria Act, we would like to propose several additional amendments concerning the rules governing the issuance of long-term residence permits to foreign nationals admitted as full-time students at higher education institutions in the Republic of Bulgaria.

We believe that the proposed amendments comply with the requirements of the European legal framework and will be beneficial both to Bulgarian higher education institutions and to third-country nationals admitted to study in them.

We also believe that the Draft Act should include provisions regulating the operation of the electronic platform for processing residence and work permit applications for foreign nationals, the development of which has been commissioned by the Ministry of Electronic Governance and assigned to Information Services JSC.

The platform is being developed pursuant to Measure 17.2.9 of the Governance Programme of the Republic of Bulgaria (June 2023 – December 2024), adopted by Council of Ministers Decision No. 506 of 26 July 2023.

The Bulgarian Entrepreneurial Association (BESCO) has been actively involved in the development of this platform as a stakeholder, while the Ministry of Interior participates as its principal future user.

BESCO strongly welcomes the development of this platform and considers it essential that the present amendments to the Foreigners in the Republic of Bulgaria Act explicitly provide for its mandatory use and maintenance.

At a minimum, the legislation should clearly specify:

• the public authority responsible for operating and maintaining the platform;
• the administrative procedures to be carried out through it; and
• that all communication between the competent public authorities during residence and work permit procedures will, in the future, be conducted exclusively through the platform.

With regard specifically to improving the legal framework applicable to international students, we have attached, for convenience, draft legislative wording as Annex 1 to this opinion.

Respectfully,

Dobromir Ivanov

Annex 1

Draft Act Amending and Supplementing the Foreigners in the Republic of Bulgaria Act

§1. Article 24v shall be amended as follows:

(a) Paragraph 1 shall be amended as follows:

"(1) Foreign nationals holding a visa under Article 15(1) who have been admitted as full-time students at a higher education institution in the Republic of Bulgaria may be granted a long-term residence permit. The permit shall be issued for a period of up to one year, or for one year and three months where the student is in the final year of study."

(b) Paragraph 2 shall be supplemented as follows:

"(2) An application for the residence permit referred to in paragraph 1 shall be submitted to the Migration Directorate or to the Migration Department/Section/Unit of the respective Regional Directorate of the Ministry of Interior, using the form established under the Implementing Regulations of the Act. The applicant shall attach the following documents:

1. A copy of a valid passport or equivalent travel document, including the pages containing the photograph, personal data, the visa issued under Article 15(1), where applicable, and the stamp showing the applicant's most recent entry into Bulgaria. The original document shall also be presented for verification.
2. Evidence of secured accommodation.
3. Mandatory health insurance valid within the territory of the Republic of Bulgaria where the applicant is not insured under the Health Insurance Act, except where the student is covered by health insurance upon enrolment at the higher education institution.
4. Evidence of stable, regular, predictable, and sufficient financial resources, without recourse to the social assistance system, amounting to no less than the minimum monthly wage, the minimum scholarship, or the minimum pension applicable in Bulgaria for the intended period of residence. Such evidence shall not be required in the cases referred to in paragraph 13.
5. A criminal record certificate issued by the applicant's country of citizenship or by the country of his or her habitual residence, to be submitted only upon the initial application.
6. A certificate issued by the Ministry of Education and Science confirming admission to a higher education institution in Bulgaria, together with a certificate issued by the respective university confirming that the applicant will pursue studies during the relevant academic year.
7. Proof of payment of the university enrolment fee, to be submitted after the applicant has entered the territory of the Republic of Bulgaria with a visa issued under Article 15(1)."**

(c) Paragraph 13 shall be amended as follows:

"(13) Upon completion of their full-time studies at a higher education institution in the Republic of Bulgaria, a foreign national who has been granted a long-term residence permit may obtain a further long-term residence permit for a period of up to nine months by submitting an application in the form prescribed by the Implementing Regulations of the Act, together with the documents referred to in paragraph 2, items 1–3, and a certificate issued by the higher education institution confirming successful completion of studies.

The Migration Directorate, or the respective Migration Department/Section/Unit of the Regional Directorate of the Ministry of Interior, shall verify ex officio whether, within seven working days following graduation, the foreign national has submitted an application to the Employment Agency for registration as a job seeker pursuant to the Employment Promotion Act."

(d) Paragraph 16 shall be amended as follows:

"(16) Applications, with the exception of those submitted under paragraph 5, shall be filed no later than 14 days before the expiry of the foreign national's authorized period of residence in the Republic of Bulgaria.

Applications, except those submitted under paragraph 5, shall be examined and decided within 14 days.

Where the case presents legal or factual complexity or additional documents are required, this period may be extended by one month. The foreign national shall be notified in writing and instructed to provide the necessary documents and information within 14 days.

If the requested documents or information are not submitted within the prescribed period, the administrative proceedings shall be terminated, and the application shall not be subject to reconsideration."