MIGRATION POLICY
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Migration is a major feature of today’s globalised world. In broad terms, migration is the movement of people from one place of residence to another. While the term migration covers population movement internal to a country – rural to urban or from one locality to another in a different jurisdiction – the MIND project addresses international migration. International migration is a distinct legal, political and social category, as people move from a nation-state in which they are citizens, with the rights and protections citizenship normally confers, to other countries where rights and protections of nationality, of access to social protection and of common identity often do not apply, and where social and cultural paradigms may be significantly different.
In some states the rights and freedoms of the people living on their territory are violated or restricted by the authorities. Such restrictions may be imposed for reasons of race, religion, political opinion or other particular features.
These restrictions may have the form of physical violence, psychological harassment, detention or other police measures, lawsuits, convictions or prohibition to carry out a specific activity, for example: holding public office, going to school, being a member of a certain party, organizing rallies, and others – by and large, the restrictions can be any actions of coercion, discrimination or arbitrariness.
The authority of no country has the right to violate the rights of ordinary people and to restrict their rights outside the scope of the law. Whoever it be – men, women or children, everybody have the right to live freely and in accordance with their mentality and conscience, as long as they do not interfere with other people’s ability to do so.
It sometimes happens that the violations and restrictions are not imposed by the state but by organizations or groupings which the state is not able or does not wish to counter in order to protect those who are their victims.
Some states are affected by wars which threaten the life and security of the civil population. The war could be an armed conflict with another state or an internal conflict among various groupings, sometimes a combination of both.
When a person’s life, security or rights are not protected by the state or the state itself violates them, such a person has the possibility to seek security in another country by applying for the permission of the foreign state to reside in it for these reasons
This possibility is called “asylum”. In Europe asylum is called “international protection”.
The persons fleeing their country and seeking asylum in a foreign state are called “refugees”.
A person who wishes to settle in a foreign state on his own will for the purpose of employment, education or reunification with his family who is already in that state, is called an “immigrant”.
However, the law does not oblige the states to admit into their territory all foreigners who wish to do so. The states have this obligation only with respect to their own citizens.
This is why the states are entitled to deny admission into their territory to a foreigner who does not hold a valid ID/passport, an entry visa or a residence permit.
Therefore, those who wish to settle in a foreign state for the purpose of employment, education or the exercise of family life, before leaving their country, must apply for and receive a visa from this state. This is the only way for them to travel to the state, enter it legally and receive a residence permit.
When, however, a person enters a foreign state illegally and without a passport or a visa pretending to be a refugee, he will most probably be refused asylum by the authorities of that state.
In such a case this person will be forcefully returned to his country of origin by means of a procedure which is called “deportation” and whose enforcement may require that the person is detained by the police for up to several months.
Under these circumstances this person will also be imposed prohibition on entry (“a black stamp”) which is valid for all the EU Member States, Switzerland and Norway, and usually has a 5-year term of validity.
This prohibition is entered into a special European electronic system, called EURODAC, together with the person’s fingerprints.
This system allows the European states to check by means of the foreigner’s fingerprints at any point in time if prohibition was imposed on that foreigner by another European state and, if so, to refuse him entry and settlement on their territory till the term of the prohibition expires.
Unlike immigrants, refuges do not leave their country voluntarily and on their own will for economic, family or education reasons. Refugees flee wars, violations of human rights and risks to their life or security.
It is not possible, however, for the Bulgarian state to tell whether a person is an immigrant or a refugee right away.
This is why, similar to the other European states, Bulgaria has introduced a procedure by means of which it examines each individual case and assesses if the person concerned tells the truth and if he has the right to settle in the state as a refugee or does not have this right, as the reasons indicated do not conform to the law.
While a decision is being made on this issue, those who have applied for recognition as refugees in Bulgaria have the right to remain on its territory without being returned either to the neighbouring country from which they entered Bulgaria or to their own country.
Meanwhile and pending the final decision on their issue, these persons are called “asylum-seekers”, as it is not known yet if they will be recognized as refugees in Bulgaria and Europe.
The law allows any foreigner to lodge an application for asylum in Bulgaria and to request protection and status in order to settle in Europe.
This can be done irrespective of whether the person entered Bulgaria legally or illegally, and of whether he has a valid identity document on himself. If, however, the foreigner possesses any documents, he should immediately present them to the authorities, as this will help speed up the decision on his case.
An application for asylum can be lodged in Bulgaria by any person – a man, a woman or a child. In Europe women have equal rights with men, and have to lodge the application on their own behalf even if they are married.
When children have entered Bulgaria with either or both of their parents, it is the parents that will lodge an application for asylum on behalf of their children but only if the children are aged under 14.
If any of the children has turned 14 years of age, the authorities may require that this child signs its own application, and one of the parents confirms the application by also signing it.
Children who have turned 18 years of age always lodge their own application without the need for one of the parents to sign it.
Children who have entered Bulgaria without a parent or other relatives are called “unaccompanied children”, and have special rights. These children can lodge an application for asylum and status before the Bulgarian authorities independently only by means of their signature.
Asylum can be requested before the Bulgarian authorities in an oral or written form.
An oral application may be made by persons who are illiterate and cannot write.
If you are illiterate, you can ask the police officers with whom you are talking to write your oral application for asylum in Bulgaria. The police officers are obliged to write your oral application, and after that an interpreter speaking your language will read the text of the application for you; if you agree that the written text is the same as what you expressed orally, then you will be given the application to sign it.
As the police, however, rarely have interpreters available on the spot, in most cases assistance is provided by the free-of charge lawyers of the Bulgarian Helsinki Committee who ensure interpreters. The lawyers of the Helsinki Committee work for the United Nations, and regularly visit the police detention facilities at the border and inland.
If you are illiterate, and you are already standing in front of an officer of the Agency for Refugees, you will not have any problems with the writing of your application, as the Agency will always use an interpreter when talking with you.
If, however, you are literate, you had better write yourself in your language the application for asylum. This will allow you to indicate in details the reasons why you left your country, and to describe your experiences and all the events that made you take this decision.
If you have any identity documents or other documents related to your refugee story, you should show them to the police officers or the officers of the Agency for Refugees.
Declaring false names has very serious consequences and may become the reason for the refusal of asylum and status!
Upon registration the Agency officers will interview you with the help of an interpreter. The data will be entered into a registration sheet which will be signed by the applicant, the interpreter, and the officer.
Afterwards you will be referred to the medical doctor at the camp for medical screening and analyses. While awaiting the results from the various laboratory tests, the applicant may be placed under quarantine in an isolated room, if there are signs that he may be suffering from a contagious disease.
At the end you will be issued a note indicating the date and time when you will receive your temporary document for residence in Bulgaria, called “registration card”.
Such a note may be issued to you even if the registration cannot be done due the lack of an interpreter.
Please, observe strictly the date and time indicated on the note!
After all the registration actions have been completed, you will be accommodated at a refugee camp. Where possible, families are accommodated together in one room.
Several days after being registered as an asylum-seeker you will receive your registration card. The card contains the following data:
This card serves to certify before the Bulgarian authorities that you are an asylum-seeker and are entitled to stay in Bulgaria till your procedure is completed with a decision on your case.
The registration card is a temporary document. The card usually has a 3-month term of validity which can be renewed without any problems while the procedure is still underway and till the decision on your case becomes final. This means that the registration card can also be renewed during court procedures.
You have to regularly renew the validity of your registration card at the Agency for Refugees, as when it expires the card is no longer valid and the police has the right to detain you.
If you lose your card, the Agency for Refugees will sanction you for your negligence with a fine in the amount of 50 up to 200 BGN before issuing a new registration card.
If, however, you have already lodged an application which was examined and a decision was issued by the Bulgarian authorities, and you lodge a second or another repeated application, you will not be entitled to a registration card unless the Agency for Refugees makes a decision to open a new procedure for you.
Rights resulting from refugee status:
If you receive refugee status, you will have the right to:
If you receive humanitarian status, you will have the right to:
Residence
The residence of foreigners in the Republic of Bulgaria is carried out on the basis of: issued visa; International Contracts for visa-free or facilitated visas; Administrative control services of foreigners. The residence of third-country nationals in the Republic of Bulgaria is short-term, long-term and permanent.
Identity Documents
Civil registration
Electronic Personal Registration Card and Uniform Civil Number
Address registration
Documents needed for issuing the ID:
For more information, see the website of MOI’s Bulgarian Identity Documents Directorate.
For one-time financial assistance for the issuing of an ID see the Social Assistance Chapter.
Motor Vehicle Driver’s License/Driving License
Validity of a driving license acquired in a non-EU country
Substitute documents
Travel documents
Family reunification procedure
Citizenship
Migration and development
Bulgarian migration paradox
Bulgaria has been a country of migration – both emigration and immigration – for centuries. However, today, migration underpins huge challenges to Bulgaria’s economy and society. Bulgaria’s relatively small population size of just over 7 million in 2018, its working age population (15-64 years old) of 4.8 million (in the country), and its high emigration contrasted with very low immigration undermine the viability of Bulgaria’s economy and its capacity to provide for the welfare of its population. More than ten times as many Bulgarians reside abroad, about 1.3 million, as immigrants in Bulgaria, about 150,000.
The exodus of skilled persons combined with very low fertility rates and rapidly ageing population paint a bleak picture for current and future economic prospects, in particular starting and maintaining viable enterprises in productive sectors. Businesses face increasing difficulties sourcing suitable labour within Bulgaria as consequences of emigration and the ageing labour force becoming less productive in the absence of significant immigration. The relatively small and ageing pool of potential employees is deterring investors in labour intensive industries. Trends of increased anti-migrant and anti-refugee public discourse and open xenophobic hostility against migrants and migration are seriously undermining the immediate solution for sustaining the country’s economic and social viability: immigration. The data on refugee-asylum seekers indicates that refugees and some immigrants are fleeing the country instead of arriving and staying.
Major challenges include absence of an informed, coherent and strategic government response. Instead, the existing response is piecemeal policy statements. The government appears to be ignoring the dangers to the economic future of the country of high emigration contrasted with relatively small immigration and is not doing enough towards the encouraging immigration of people at all skills levels. Rather, the discourse by government and political parties identifies that solution as, instead, a big problem for the country.
