Overstaying repercussions...
Last activity 25 April 2019 by kristiann
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Okay, so long story short i have overstayed my Bulgarian visa free allowance. What will happen when i leave?
Story longer, i am Australian my husband is French. We have moved to Sofia, however the lawyers we have hired to take care of the residence process have taken a very long time (no excuse i know) and that has meant that we have both overstayed. He has been here longer than three months, however he has flown in and out for work in that time and i have been here longer than three months and for more than 90 days in 180. We have a very nice apartment which we have furnished and have set up to stay here for some time so the idea of leaving and not being allowed to return is a little sickening... Also my family have planned a holiday to visit in the next month so that is making me want to just wait longer because i don't want to be deported before they come as it has been 6 years since i have seen them!
If anyone knows what the procedure/penalty for overstaying is then that i would love to know, our lawyers are absolutely useless, and any advice would also be welcomed!
X
Hi,
You will get a fine up to 5000 lev. Read the law here
I am definitly no expert, but I would advise to get another lawyer asap!
I would also get another lawyer or at least a translator to go with you to the immigration offices.
Some things to consider: Your husband most likely did not overstay if he has been leaving and re-entering Bulgaria. If he has a job here or is a pensioner, he needs to register in the first three months. If he does not have a job, he has six months. But either way, he is most likely good if he has not been continuously in Bulgaria for more than three months.
I am curious if your lawyers have filed any residency paperwork or not? As long as they filed within three months, you are good, even if the permits have not been issued yet. If they have not filed, you should do so immediately (go to the immigration office on your own and file for your husband and then yourself- you need his permission to get yours). You may be required to pay a fine. It can be up to 5000 lev, but I've never heard of it being that much.
But yes, find out if they have applied yet, and do so immediately. You should be fine.
A friend of mine overstayed due to severe flu last winter, and was assisted by this immigration lawyer: https://www.zacharytsvetkov.com/ Mr. Tsvetkov is fluent in English.
My friend had a successful resolution and now has the visa D. Good luck.
Ramses. Thank you so damn much. You may just have solved my residency application issue.
Do you know who I should be speaking to in order to get residency with a C visa? It's possible but I'm not sure what department I would appeal to. I'm a freelance artists and I'll be setting up and renting a local office and business. So I'll be contributing to Bulgarian economy, which is reason to issue residency under article 25 of the doc you shared. But I am not sure who I get that permission from. Any help would be appreciated. And once again, thank you.
I really like that: "our lawyers are absolutely useless"......................
But actually in this case they are sth. more - HARMFUL ! And this is not only here...
Anyway, if you just want to stay in Bulgaria and meet your family here - then do it. No one is going to search for you and deport you, at least until you are doing no crime. This is not the USA and we do not chase illegal immigrants throughout the country,
just at the Southern border, sometimes
When you guest are gone, the is a simple solution to your problem - just go to a neighbouring country - e.g. Serbia and apply for Bulgarian visa again. That should be enough, and there's a chance that no penalty will be issued.
In both cases find a good lawyer and consult your actions, so that you do not get into another mess.
Applying for a C visa is a different story. In this case you will definately need professional help (immigration lawyer) and probably more time. Grounds for application may vary, but it is better to know that no one cares whether you will be contributing to the Bulgarian economy by hiring a studio or not ..... absolutely no one
Hi
I think you cannot stay with visa C, you should receive visa D from the Bulgarian embassy in South Africa (or in special cases, an exception may be made, so you don't have to travel that far). If you are in Bulgaria, you can ask for more information regarding visas every working day between 09.00 and 17.30 at : + 359 2 948 3016
You can not simply apply for a Bulgarian visa in a neighboring country. Bulgaria requires long-term visas to be applied for from a country where you have residence. So, no, hopping over to Serbia and applying is no longer an option. (It used to be, like, 15 years ago).
Kris you don't live in Ovcha Kupel: they hunt them comme des @nimaux in the dark streets: Police, football fans, then the Romani speakers .... In Jambol and the region it's much worse. So please don't deceive people.
People, if Bulgaria can do something properly, it's to guard, catch and punish illegals. Proven under communism, when youth from East Germany thought they could easily cross from Bulgaria into Greece or Turkey. Even Angela Merkel was telling stories about visiting remote parts of Bulgaria when she was young. Everybody knows about Viktor Orban's wall but he took the idea from Bulgaria, we started building the wall in 2013!
Now, nobody will treat an American or a WHITE South African this way, but a fine and expelling are guaranteed. There was a paragraph about freelance artists somewhere, a lawyer who does immigration will know it, but please don't overrely on lawyers and check at the embassy of Bulgaria. Lawyers can guarantee nothing, as immigration is treated very seriously and applying the laws sometimes may be optional.
Shalom
Hi Joannah,
Though I suspect you have already arranged your Bulgarian Visa, here's the relevant information and the right place to read it. Hope this will help other people too:
BulgarianVisa
Visa for Bulgaria
General information
Bulgaria and the European Union’s Common Visa Policy
Since 1 January 2007 the Republic of Bulgaria has been applying the European Union’s Common Visa Policy, subject to the terms of the Accession Treaty.
According to Article 4 of the Act concerning the conditions of accession of the Republic of Bulgaria and Romania, the provisions of the Schengen acquis specified in Annex ІІ to that Act shall be binding on and applicable in the Republic of Bulgaria from the date of accession (1 January 2007), while the rest shall be applicable from the date of the Council’s decision on Bulgaria’s accession to the Schengen area.
Bulgaria and the Schengen Area
Joining the Schengen area is a key priority of our country. The Bulgarian government is highly committed to fulfilling one of the key national priorities – Bulgaria’s accession to the Schengen area. A well-functioning coordination between ministries and institutions has been established to this end on political and expert level.
The efforts in the preparation process have been focused on meeting the high Schengen standards and securing reliable external borders.
In order to meet the Schengen criteria Bulgaria undertook all necessary actions in view of harmonizing immediately the national to the European law, updating our international base of treaties, providing the relevant state-of-the-art technical equipment and infrastructure and enhancing the administrative capacity whereby our country uses the best practice of the EU member states.
Currently Bulgaria issues national visas only. Those visas do not give their holders the right to enter the Schengen area.
Visa-free regime for holders of Schengen visas for a stay of up to 90 days
On 25 January 2012 the Council of Ministers of the Republic of Bulgaria adopted a decision according to which by the date of Bulgaria’s accession to the Schengen area, our country will unilaterally apply a visa-free system for holders of valid Schengen visas. They will have the right to enter and reside in the Republic of Bulgaria for a period of no more than three months in any six-month period from the date of the first entry, without needing to have a Bulgarian short-stay visa. The decision entered into force on 31.01.2012.
Visa-free regime for holders of valid visas and residence permits issued by Romania, Cyprus and Croatia for a stay of up to 90 days
On 03 July 2014 the Council of Ministers of the Republic of Bulgaria adopted a decision according to which by the date of Bulgaria’s accession to the Schengen area, our country will unilaterally apply a visa-free system for holders of valid visas and residence permits issued by Romania, Cyprus and Croation for a stay of up to 90 days. They will have the right to enter and stay in the Republic of Bulgaria for a period of no more than 90 days in any 180-day period period , without needing to have a Bulgarian short-stay visa.
Council Regulation (EC) № 539/2001 of 15.03.2001
Since the date of its accession to the EU in 2007, Bulgaria has been applying Council Regulation (EC) № 539/2001 of 15.03.2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement
Information about the Visa Regime for foreigners with ordinary passports for a short stay (until 90 days)
Information about the Visa Regime for foreigners with diplomatic and service passports
Types of visas
Visa A (for airport transit) - more information
Visa C (for a short stay for the purpose of transit or a planned stay) - more information
Visa D (for a long stay) - more information
Requirements when entering the country
A foreigner may enter the Republic of Bulgaria if he/ she is a holder of a regular foreign travel document or another equivalent document as well as a visa if required.
Visa issuing
A foreign citizen wishing to apply for a Bulgarian visa shall hold a regular travel document that meets the following requirements:
its validity expires at least 3 months after the intended date of departure from the territory of the Republic of Bulgaria or in case of multiple visits - after the last scheduled date of departure from the territory of the Republic of Bulgaria;
contains at least 2 blank pages for visa purposes;
has been issued within the last 10 years.
Visas are issued by the diplomatic and consular representations of the Republic of Bulgaria.
Visa applications
Visa applications forms are submitted not earlier than 3 months before the date of the intended travel, personally or through an authorized agent, with the exception of humanitarian cases.
Visa applications for minors or judicially disabled persons shall be submitted by their legal representatives or by persons expressly authorized to do so.
Visa applications for underage persons or persons with limited judicial disability shall be submitted by their legal representatives, trustees or by persons expressly authorized to do so.
Download Visa Application Form
Requirements when filling in visa applications
All fields in the application shall be filled in legibly in typed letters. The names shall be filled in with Latin letters (the way they are spelt in the foreign travel passport). The rest of the information shall be filled in in English or Bulgarian. The application shall be signed by the applicant personally. The members of the family of European Union citizens shall fill in only those fields of the visa application form which indicate their family relationship.
Obligatory personal interview when applying for a type “D” visa
No exception shall be made from the requirement for a personal interview when applying for a long-stay visa.
Documents to be submitted with the visa application:
A photocopy of the first page of the foreign travel document;
A photocopy of the last Bulgarian and Schengen visas or visas for the UK and the US, if any
A full color photograph 3,5 cm х 4,5 cm against light-colored background (the same holds for a child entered in the passport) – a full-face photo with clear, large enough face which takes up 70-80% of the photo; eyes must be red; the following is ineligible: photos with dark glasses; non-professional photos or cut out of amateur photos
A medical insurance valid for the EU member states for the whole period of the trip, covering all costs for repatriation and for urgent medical care and emergency hospital treatment for the period of the stay indicated in the visa. The insurance amount cannot be less than 30 thousand euro
Tickets (original and copy) or ticket booking conformation or financial means
Copy of the technical passport of the car of the trip
For under-aged children travelling without their parents or trustees the following documents shall be submitted:
a copy of the birth certificate
original and photocopy of a power of attorney notary certified by both parents/ trustees or by one parent trustee that they agree their child to travel unaccompanied by them.
The following persons are exempt from presenting proof for subsistence, accommodation and transportation:
Members of the families or the households of European Union, European Economic Area and the Swiss Confederation citizens;
Persons applying for a visa for a long stay in view of gathering their families, in relation to a refugee status acquired or asylum in the Republic of Bulgaria – pursuant to a written decision of the State Agency for Refugees with the Council of Ministers
Holders of service and diplomatic passports
The following persons are exempt from presenting an insurance policy:
Members of the families or the households of European Union, European Economic Area and the Swiss Confederation citizens
Holders of service and diplomatic passports
Seamen who meet the criteria of Convention №108 of the International Labour Organization when submitting applications for short-stay visas with the purpose of transit
Persons who can be deemed to be insured or can cover expenses in unforeseen circumstances due to their social or service status.
The following persons are exempt from fees for visa application processing
Foreign citizens who as of the date of the visa application are under 6 years
Members of Bulgarian and EU citizens’ families
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