Permanent Residency for Non-EU

Confused? Hopefully less so after you have read this lot!

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gimlet
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Postby gimlet » Wed Apr 21, 2010 1:39 pm

No, it is SHE who must have indefinite leave to remain in the UK to get the visa concession.

So she will need one but it should be free of charge. There's a lot to be said for using visa agents in my experience, unless you are on the spot and have time on your hands!

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Postby lyn » Wed Apr 21, 2010 2:28 pm

I am getting a little confused with the preceding posts so shall say what happened in our instance.

I have a British passport, my husband has a non-EU passport. We both went together to the immigration department, who looked at our passports and (maybe) checked out company documents. They told my husband to go down the road to have a photo taken. We had to go back in the next day to collect my LTRC and, as they were still waiting to process his card with the photo on, the following week to collect his. And that was it!

He does have indefinite leave to remain in the UK, but the stamp isn't in his current passport. No one asked for any proof of residency in the UK from either of us.

My bugbear is that he received a 'real' ID card while I was stuck with the useless one!

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Postby gimlet » Wed Apr 21, 2010 3:15 pm

The quote is about travel to Bulgaria.

Your husband was in Bulgaria and might or might not be from a country whose nationals need a visa even to visit Bulgaria.

As a matter of interest number forty something of Boyko's 60 points was to facilitate visa issue for Russians and Ukrainians insofar as Bulgaria can under EU rules. They can't really, so it's another meaningless promise from Boyko.

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Postby B52 » Wed Apr 21, 2010 7:02 pm

Lyn, in theory and if their systems are working, you should be able to get a photocard now.

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Postby Moscow_Wolf » Wed Apr 21, 2010 9:24 pm

Durak wrote:I am a Brit married to a Russian citizen, and I although I have permanent residency in Russia (which I am about to revoke) I read the BG statement to mean that my wife and I can travel to and live in BG without the need for a specific visa - I would simply claim to be resident in the EU or more precisely the UK. Which I am assuming brings them in line with the rest of EU? except of course good ol' GB :roll:


You appear to have misread something somewhere. If you as an EU Citizen had lived within the EU with your Non EU Citizen Spouse then, things would be easier for you both to move to Bulgaria.

However, as you appear to be moving to an EU country for the first time as a couple your Russian wife will require an Entry Visa to Bulgaria. As I explained in my PM and repeat for the benefit of others in a similar position, the EU Directive states that EU countries will issue visas to family members of EU Citizens by the most expedient means and for FREE.

Bulgaria is misinterpreting this directive. It is issuing Type C (short stay) visas for free to Mothers, Fathers, Sisters and Brothers etc. but insisting on the issue of a Type D visa for Spouses for which they charge 4,500 Roubles in Russia and say it can take 40 working days to issue.

We were lucky insofar that we got our Type D Visa after 21 working days, but my Wife already had a valid Type C visa in her passport when we got married here in Bulgaria, According to the Directive, she should have been allowed to stay here after we got married, but Bulgaria insisted she went back to Moscow and applied for a Type D Visa.

I have an on-going case through SOLVIT which says that Bulgaria has contravened the rules of the Directive (it knows it is doing this, but nobody until now has taken them to task). So, I cannot guarantee when, but expect that sometime in the future that Bulgaria will join in with the rest of the EU and honour the Directive in the spirit it was meant to be.

Note for Gimlet. Agencies are NOT allowed to interfere in a Type D visa application as it is done personally and its issue decided in Sofia. Type C visa are already factored out to Visa Agencies in the most busy Cities and countries like Russia.

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Postby gimlet » Thu Apr 22, 2010 12:04 am

Note for Gimlet. Agencies are NOT allowed to interfere in a Type D visa application as it is done personally and its issue decided in Sofia.


Yup, I expect that's what my visa agent would have told me. :wink:

Apropos of your wife being charged for a Type D visa I would have thought you had an open and shut case.because the law on Entry and Stay etc, etc specifically says that a family member's visa will be issued without charge.

Moreover they've just amended that law so that a family member of an EU national can appeal the refusal of a visa, which doesn't happen under the normal Type D visa aprocess.

I hear what you are saying about the irksome and very probably unlawful requirement to leave the country to get a Type D visa. There are probably some anally retentive guys in the MVR who want to hang on to every bit of power they've got, but it's worth noting that the MVR instructions for Type D visas say that Members of the Families of EU Citizens are exempt from the normal accommodation, subsistence and insurance requirements, so they have gone some, but not all of the way.

(2) Член на семейството на гражданин на Европейския съюз, който не е гражданин на Европейския съюз, влиза и напуска територията на Република България с паспорт и виза, когато такава се изисква. Визата се издава при условия и по ред, определени от Министерския съвет, без заплащане на такси за обработване на документите и издаване на визата. Отказът за издаване на виза се мотивира и подлежи на оспорване по реда на Административнопроцесуалния кодекс. За отказа за издаване на виза се съставя формуляр по образец, утвърден с акт на Министерския съвет.
http://www.parliament.bg/bills/41/902-01-41.rtf


(2) A citizen of the European Union, which is not a citizen of the European Union enters and leaves the territory of Bulgaria with a passport and visas when required. The visa is issued on terms and conditions set by the Council of Ministers, without payment of fees for processing documents and issuance of visa. The refusal of a visa reasons, and subject to challenge under the Administrative Code. Refusal of a visa application form is drawn in a form approved by the Council of Ministers.



Освобождават се от задължението да представят доказателства за осигурена издръжка, настаняване и транспорт:

1. членовете на семействата или на домакинствата на граждани на държави-членки на Европейския съюз, на Европейското икономическо пространство и на Конфедерация Швейцария;
2. лицата, кандидатстващи за издаване на виза за дългосрочно пребиваване с цел събиране на семейства във връзка с предоставен статут на бежанец или убежище в Република България-въз основа на писмено решение от Държавната агенция за бежанците при Министерския съвет;
3. притежателите на дипломатически и служебни паспорти.

Освобождават се от задължението да представят застрахователна полица:
1. членовете на семействата или на домакинствата на граждани на държави-членки на Европейския съюз, на Европейското икономическо пространство и на Конфедерация Швейцария
2. притежателите на дипломатически и служебни паспорти;
3. моряците, които отговарят на критериите по Конвенция № 108 на Международната организация по труда, когато подават заявление за издаване на виза за транзитно преминаване на границата;
3. лица, за които предвид общественото им или служебното им положение може да се приеме, че са застраховани или сами могат да поемат възникнали разходи от непредвидени обстоятелства.
http://www.bulgaria.bg/bg/pages/view/92


Exempt from the obligation to provide evidence of secured subsistence, accommodation and transport:

1. members of families or households of nationals of Member States of the European Union, the European Economic Area and Swiss Confederation,
2. persons applying for visas to long for family reunification in relation to refugee status or asylum in the Republic of Bulgaria, the written decision of the State Agency for Refugees;
3. holders of diplomatic and service passports.

Exempt from the obligation to submit an insurance policy:
1. members of families or households of nationals of Member States of the European Union, the European Economic Area and Swiss Confederation
2. holders of diplomatic and service passports;
3. sailors who are eligible under the Convention № 108 of the ILO, when applying for a visa to transit the border;
3. persons who regard their public or their official capacity can be assumed that they are insured or self can take costs arising from unforeseen circumstances.


Hi gimlet, in future can you please provide translations of Bulgarian text.

Thanks

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Moscow_Wolf
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Postby Moscow_Wolf » Thu Apr 22, 2010 9:04 am

Some very good information there Gimlet.

Next step after obtaining an entry visa is to go to your Local Immigration office and apply for: - "Residence card of a family member of a Union citizen" (in Bulgarian: “Карта за местопребиваване на член на семейството на гражданин на Съюза”)

We haven't got around to doing this yet mainly because we haven't found an Interpreter in Bourgas (another thread). However, I am expecting this to be quite straight forward and I am told, my Wife's card will be a better more official one than we Brits receive as hers is needed to satisfy the immigration officers of other EU countries as by the letter of the law, she will have the same freedom and rights as me within the EU.

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australians in bulgaria?

Postby missbeans » Thu May 13, 2010 3:27 pm

hi everyone, would greatly appreciate any advice regarding the eligability of new zealand and australian citizens to reside in bg. one of my sons (nz) may want to come and live near me in a house i bought for them with his australian wife and two children, I have never been able to get much info from the bulgarian embassy here in dublin......or london.......my son was born in 1986 which was just after they changed the law regarding uk passports for children of uk mothers who had resided out of the uk for years.......so he cannot get a uk passport on those grounds. any ideas out there? thanks so much, missb.

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gimlet
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Postby gimlet » Thu May 13, 2010 4:03 pm

Obviously your son has no right to reside in Bulgaria unless he can establish citizenship of a EU Member State.

He is a member of your family but children over 21 are not normally entitled to reside on that ground. If a child had a handicap that might be an exception.

It has been made progressively easier over the years for British women to pass on their British citizenship by descent, assuming the mother was born in the UK, so I don't follow your comments about 1986. The last big change came into effect on 1 January 1983.

If you, or one your parents or grandparents, were born in any part of Ireland why not investigate the Irish citizenship option?

It would save any unpleasantness over NATO for a start. :)

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Postby scot47 » Thu May 13, 2010 6:11 pm

Miss Beans

Those from Aus and NZ basically are now in the same position as
British/Irish/Other EU were before accession. Remember all that stuff about C and D Visas ?

I think there is still a sticky here about rules for visas for "Other nationals" That is the road they have to walk.

"Well, you got to walk that lonesome valley
You got to walk it by yourselves
Nobody else can walk it for you
You got to walk it by yourselves"
Last edited by scot47 on Fri May 14, 2010 12:09 pm, edited 1 time in total.


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