Certificate for long-term residence + permanent residence

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owain
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Re: What do I need to obtain the residence permit?

Postby owain » Thu Feb 11, 2010 12:09 pm

Yonderpixie wrote:What do I need to obtain the residence permit for myself and my non-EU wife?

I have a Bulgarian company, set up when I bought my house.

Do I need to be self-employed, if so how can I do that or employ my wife?

Any info grately received

thanks


You already have a Bulgarian Company and you are the Director so you can either employ your wife or make her a partner in your company. Employing your wife will mean extra costs for your company (taxes,insurance etc) so it would probably be better for your wife to become a shareholder therefore changing your company status from single to multiple shareholders.
Details on residency for non-eu applicants can be found here:
http://bulgaria.angloinfo.com/countries ... idency.asp

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MarkMc
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Postby MarkMc » Thu Feb 11, 2010 9:23 pm

I was in a similar situation a few months ago, as was one of the teachers at the school.
To get your residency is relatively easy, especially as you have a company and there are several posts about it on here.
Once you have your residency, your wife then has to apply for a D Visa in her home country with some documents prepared in Bulgaria (including a copy of your residency card) which allows her to enter Bulgaria for 6 months. This is issued free by the embassy if you are married. Then, once in Bulgaria, she applies for residency at the passport office where you live in Bulgaria. I used an agency to prepare the documents, just to make things easier.
You dont need to give her any of your company, you dont even need a company yourself to do this if you already have residency here in Bulgaria.
If you have any questions, just ask as ive been through this process twice in the last 4 months with my Ukrainian wife and teachers wife.

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gimlet
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Postby gimlet » Fri Feb 12, 2010 1:59 am

In practice it would be very difficult for a Member State to refuse entry to a TCN (third country national) spouse who needed a visa under national rules but did not have one if she (or he of course) pitched up at the airport with spouse, proof of relationship, etc.

Metock seems to be the latest case in which the European Court of Justice looked at the issue, though that was an-after entry case. The lack of recent on-entry cases suggests that most immigration officers give way in the face of argument and evidence and issue a residence permit on the spot, which takes the place of a visa.

Lack of a visa alone was rejected as basis for refusal of entry by the European Court of Justice in Mtax back in 1999.

62 The answer to the first question referred for a preliminary ruling must therefore be that, on a proper construction of Article 3 of Directive 68/360, Article 3 of Directive 73/148 and Regulation No 2317/95, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148.

http://eur-lex.europa.eu/smartapi/cgi/s ... 61999J0459


So just make sure you're wearing the right tie, the conjugal one will suit the occasion better than a regimental one :wink:

To paraphrase Leona Hemsley, "Only the little people follow national rules."

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lyn
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Postby lyn » Fri Feb 12, 2010 11:19 am

It looks as though it will depend on what passport your wife has. My husband has a New Zealand one and he applied for his D Visa at the same time as I applied for my LTRC. The only difference was that, as he had to have a photo ID, his took a day longer to process and cost 16 leva more. Being a Lichna Karta, his is more use than my stupid bit of white card. :lol:

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gimlet
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Postby gimlet » Fri Feb 12, 2010 11:43 am

If you're British, Lyn, they seem to have given him the wrong card!

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mariela
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certificate for long term residency & permanant residenc

Postby mariela » Fri Feb 12, 2010 12:46 pm

So has anyone managed to get PERMANANT residency yet or is it only up to 5 years?

mariela

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leedarkwood
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Postby leedarkwood » Fri Feb 12, 2010 1:43 pm

You mean, since the rules changed in 2007? Someone must have, surely? Although there was a news story that they had interpreted it that you had to be here for five years after 2007 and any years before that didn't count.
Two more years to go for us.

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gimlet
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Postby gimlet » Fri Feb 12, 2010 2:09 pm

I thought it was the other way around actually!

Certainly in early 2007 this was the Commission's view:-

‘Since the Directive does not provide for the condition that the five year residence has to be ‘on the basis of the Directive’ this notion should cover also those persons who have recently become Union citizens and have legally resided in the UK for five years. Otherwise such persons would have to wait for five years from the acquisition of citizenship of the Union which would be an additional condition not foreseen in the text.’

http://www.ilpa.org.uk/submissions/Cont ... anians.doc.


But maybe they've been "got at" or changed their minds or there has been a decision of the Court of Justice.

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gimlet
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Postby gimlet » Fri Feb 12, 2010 2:16 pm

No, they don't seem to have changed their minds, look at 3.7 here

http://ec.europa.eu/justice_home/news/i ... 840_en.pdf

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MarkMc
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Postby MarkMc » Fri Feb 12, 2010 2:33 pm

I got permanent residency last year. see www.mybulgaria.info/modules.php?name=Fo ... ht=#365072 to view the thread


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