Non-EU family member trying to enter Bulgaria with spouse

[ming]

I'm grateful for being directed to this forum and I'm very happy to read about others successful outcomes.

My current urgent situation is this - I (a non-EU family member of EU citizen) wish to enter 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 are currently in Greece for reasons I'll outline below.

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 here, 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.

[Obie]

Have you ever resided in Greece with your husband? And did he work in Greece, or are you moving from Australia.

[ming]

No, I have never resided in Greece with or without my husband.
This is our first time here, we only traveled here to submit the visa applications as we were told to by immigration.
He does not and has never worked in Greece.

I am not moving from Australia as such. I have been in Bulgaria for approx the last 6 months (it was just under 180 days) (I was conducting research in Sofia). We had planned to stay in Bulgaria for a further 6 months and then move to Australia together after visa approvals were granted.

At this stage I can't return to Bulgaria as far as I know, without either being turned away or refused entry at the border. We are trying to find out what we legally can do. E.g. Is it possible for me to travel to Bulgaria without a visa now, taking into consideration the previous period I've just spent in Bulgaria visa-free, using our marriage certificate and passports?

[Obie]

well unfortunately this is got to do purely with Bulgarian Law, where EU law rights are not engaged, therefore i will have to move this topic to the Europe Section of the Forum.

[ming]

I think I've posted the same post in the Europe section of the Forum. Thank you kindly for your correspondence so far.

[ming]

Just to say that following the circumstances of my previous posts, my husband and I received generous permission from the Bulgarian Border Police, allowing me to re-enter Bulgaria for approx 1 week with my husband.

We are still seeking guidance on what to do regarding either applying again for visa D so that I can remain in Bulgaria for approx 6 months or alternative methods, e.g. applying for residence permit, etc? We're still looking into it, but if anyone has any suggestions or information it would be greatly appreciated.