Special permission for Visa D

Hi there. I went through having to get a D visa, so if you have any questions ask away. Help if I can. There are some pretty knowledgeable people on this site so you should find your answers.

Cheers,

Alex.

Hi Alex… we're okay with the process… as I have mine already. However my wife is from Hong Kong and the ministry is insisting that she travels to China to submit (no embassy in Hong Kong) and will not consider a special exception (which they have done for some social media contacts we have.) That's around 7,000 lev for the trip and rigmarole that China has with its zero covid policy. So we were looking for anyone who has obtained a visa D and submitted in another country other than of their origin.

@tutisservis

"the ministry is insisting..."

Which ministry? And why are you talking to a ministry? D visa applications are made at a Bulgarian Embassy, so it would be up to the individual embassy how to treat your application. No? :-)

On the other hand, if you have reached someone official in the Ministry of Foreign Affairs, say, and they've said she MUST submit in Hong Kong... then probably she'll have to submit in Hong Kong. But maybe it's worth trying a couple of things...

Option 1: D Visa Application

My understanding is that one (or your wife, in this case) is expected to return to one's country of citizenship and submit there... or, if not, to submit in one's country of current residence.

Further, the online guidance says:

https://www.mfa.bg/upload/716/VISA_TYPE_D.pdf

"The application for issuing a long-stay visa is submitted only in the diplomatic and consular missions at the permanent place of residence of the applicant or the missions accredited in

the state of the applicant's permanent residence. Persons staying legally in a third country, different from the country of their permanent residence, may, as an exception, apply in this third country after explaining the reasons thereof and if their return to the state of permanent residence is guaranteed."

If your wife is living with you in the UK, then, presumably, she has legal residence in the UK? If so, that would seem to give her a perfect justification for applying in London, as you already did. I'm sure you can add a nice letter explaining her UK status vs citizenship, and clarifying the complications of "zero covid".

The "staying legally in a third country" seems a bit ambiguous to me. I think they mean staying legally in the sense of having an official residence permit of some kind (i.e. not a tourist). But I suppose, potentially, it could merely mean "not staying illegally" (i.e. holding a tourist visa, or having a visa-free allowance, and not overstaying).

In any case, it certainly seems easier to apply to the Embassy (especially as you did it already), rather than spending time trying to get permission from someone in the ministry.

Option 2: Family Reunification

I suggest that you use your issued D visa (the clock's ticking anyway, I think it's for 6 months) to get over to Bulgaria and apply for your residence permit. I don't think it makes a difference to the technical requirement for her D visa before residence application (as you're a non-EU citizen), but I'd imagine they'd be a bit more cooperative for an actual Bulgarian resident, rather than a mere visa holder. So I'd do the same D visa application in London, again with a supporting letter, but this time clarifying her status (Hong Kong/Chinese national, UK resident based on x) and yours (UK citizen, Bulgaria legal residence permit xxxxx issued on xx/xx/2022).

Option 3: Residence in an Another Country

If your wife is not a legal long-term UK resident (i.e. she doesn't have a UK residence permit, she's just using her 180 days visa-free allowance on her HK passport) then that's a bit of a weaker case for submitting in the UK (but, as I suggest above, maybe worth trying anyway, or perhaps you can apply for UK residence).

However, accepting that we want to move to Bulgaria... and we don't want to go back to Hong Kong... perhaps we can relocate to another country -- one that's geographically convenient to Bulgaria AND easy to get residence in? This would be our two non-EU neighbours: Serbia and Turkey. Serbia allows residence based on company incorporation, and Turkey has a long term (one year) tourism visa, based on a desire to see the country, and with just $500 minimum monthly income. Turkey is probably the cheaper option, and the cost of living is lower... and the beaches are MUCH nicer. :-) Getting residence then justifies submitting at the Embassy in that country. And being next door means that you can start your new life in Bulgaria (get your residence permit, find a place to live, open bank accounts, get health insurance, buy a car, etc.) while being able to drive back in a couple of hours when your wife's 90 days is up. As above, I would still suggest an application when you are a Bulgarian resident is much stronger than when you are only a visa holder.

@gwynj, thanks so much for the time and effort gwyn, you certainly know your stuff. You didn't have all the details, which lengthened your reply but we're very grateful nonetheless.

To allow you to understand fully... I am a UK retiree and have a residency card and property here in Bulgaria. We're already living here although my wife is on her visa free status while we address her visa D.

We have her family reunification permit and we're requesting 'special permission' from the ministry of foreign affairs to process her visa in a neighbouring country to us.

Hong Kong has no embassy and the ministry do not think that travelling to China  with its ridiculous zero covid policy, visitor paid quarantine hotel period, application for special visa to actually enter China, 4,000 lev (cheapest flights, none direct) plus additional accommodation for the 1 month wait for visa D  processing... is not enough grounds to recive special permission. We know of other people with very similar claims who were granted permission.

Spending 8,000 lev on the trip is not easily affordable and impossible to replace once spent.

We've recently received a visa extension (ministry of internal affairs) to allow us more time to find a solution, but we're running out of options.

Interested in the Turkey idea, but not sure of all the ramifications of staring a company there and if she will be able to effect this option.

Once again, really many thanks for your trouble.

@tutisservis

Thanks for the quick (and kind) reply. I think, unfortunately, I didn't know enough about your exact situation... so my reply was both long, and not very helpful! :-)

It seems that you did exactly as recommended in terms of getting your own residence permit, and then applying for family reunification. So I think you've done everything right so far (including talking to the Ministry). It seems you have been approved for family reunification too, it's just the issue of where to submit the D visa application.

As you don't address your wife's UK status, am I correct that she doesn't have a UK residence permit (just used the visa-free allowance)? If she has a UK permit, and they still insist on China, then that indicates they are being difficult (and Turkey won't help). But if she doesn't have a UK residence permit, then she has no official ties to that country, and I suppose that's why they can insist on China. In which case, the Turkey option might be worth exploring.

Now that I know more, I'd say Turkey might well be an option (but only if she has no UK residence permit).

It's a "short term residence permit" but for "tourism" purposes. It seems to be very easy (and no company required). Monthly income I believe is around 500 euros. Health insurance will be cheap (less than 100 euros). But it does, like Bulgaria, need a notarized rental contract (or a property deed). I'd guess the cheapest rental flat is going to be a couple of hundred a month (but probably you can use the contract to get your permits, then cancel the rental after 2/3 months). Or maybe a Turkish lawyer can give you a suitable rental contract for a small fee (especially if you're paying him to get your permits here). My guess it'll cost 500-1,000 euros, plus you can hang out together on a Turkey beach, rather than being apart for 1 or 2 months.

https://oktamam.com/en/residence-permit-tourist-turkey/

Additionally, I would recommend you talk to a Bulgarian immigration lawyer and describe your situation, and see whether they think they have the right contacts to wangle a D Visa submission in the UK (or Romania, or somewhere a bit closer than China). I'd imagine a consultation is a couple of hundred euros.

@tutisservis What country are you from?

@vernonsteve51

I am from UK and my wife is from Hong Kong. We lived in Hong Kong before our move to Bulgaria, therefore it is not easy to persuade them to let her apply her D visa in the UK.

@tutisservis

Ah-ha! In that case, I'm pretty sure the Turkey option (as described above) would work.

So, the Rules of the Foreigners Act requires that all applications are submitted in the Bulgarian consulate  of yhe country of origin of the applicant. If this person has residence permit in any other country, he/she can apply there.

BUT in case of humanitarian or urgency situations the MFA of Bulgaria can approve submition in other country.

Usually the applicant have to send letter to [email protected] and recieve their answer.

So, as you mentioned theu refuse, because they do  not consider travelling costs and covid situation with humanitarian problem.

@tutisservis Well, I got one and it wasn't exactly easy. I needed all sorts of paperwork from Bulgaria, which needed to be turned in at the embassy in the US. And they then sent them back to Bg for review. But it's done.

I forget all the steps that needed to be taken (other than the ones mentioned here) but the process is pretty clear--a whole lot easier than getting a Green Card in the US.

Good luck!

our updates: we got approved by the MFA (ministry of foreign affairs) in the end, so that my wife could apply for her D visa in a neighbouring country to BG. *but it wasn't easy 😄