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Non-EU family member trying to enter Bulgaria with spouse

Immigration to European countries, don't post UK or Ireland related topics!

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ming
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Joined: Wed Jan 23, 2013 3:46 pm

Non-EU family member trying to enter Bulgaria with spouse

Post by ming » Wed Jan 23, 2013 6:04 pm

Thank you for the posts and I'm very happy to read about others successful outcomes regarding immigration in Europe.

I am in a somewhat "similar" situation to some of the previous posts here, that is, regarding myself (non-EU family member of EU citizen) entering Bulgaria with my husband (EU Bulgarian citizen) after having already been residing in Bulgaria for the past approx 180 days (on a formally extended tourist visa stay).

We were married quite recently and were told on multiple occasions by the Migration Directorate and other authorities in Sofia that upon being married, I should apply for visa C and visa D OUTSIDE of Bulgaria and that I had all of the necessary documents required and would NOT be refused visa C, which would allow me to return to Bulgaria to wait while visa D was processed. In fact, it was reiterated that the embassy would not have the right to refuse me a visa C.

Upon reaching Greece to apply at the Bulgarian Embassy, we have been told by the staff that they cannot and will not issue me a visa C, because there exists the visa-free agreement between Bulgaria and Australia. Additionally, they will not accept my visa D application because they believe my documentation is not sufficient. The details of my documentation that they are telling me are insufficient were NEVER communicated to me by the authorities in Bulgaria nor did I read or have knowledge about them previously. We have been informed by other immigration experts in Bulgaria that the newly mentioned requirements that the embassy were asking for are not necessary to make the visa application.

I'm trying to keep this as succinct as possible and if details are required to better understand the circumstances, then please by all means just ask.

At this stage my husband I are in Greece trying to seek clarity on our actual rights and the actual law that stands. We have been endlessly contacting the relevant authorities in Bulgaria, who say the decision is up to the consulate of the embassy and that they can't help. We've been advised to contact the Bulgarian Border Police to ask for special permission to enter Bulgaria under special circumstances for a few days. We have sought legal advise and were told by one lawyer that it was NOT necessary for me to leave Bulgaria to apply for the visas in the first place. And so on. Until now we are still not clear on the actual law and rights I have to return to Bulgaria with my husband.

We believe we have been gravely misinformed either by the authorities in Sofia or by the embassy. For personal reasons, it is imperative that I go to Bulgaria soon. Based on the information we received by the Bulgarian authorities we had intended on returning almost immediately.

The embassy asked on the first visit if I had an invitation from one of my Bulgarian family members. We organised the invitation to be couriered to us. We took it to the embassy on our third visit a few days later and were told it makes no difference.

Has anyone had experience with such a case?
If anyone can provide some advice or information, we would be greatly appreciative.

With warm regards.

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