Bulgaria to Amend Foreigners Act on Protected Persons' Status

Bulgaria's government has proposed amendments to the Foreigners Act transposing the requirements of Directive 2011/51/EU on beneficiaries of international protection into national legislation.

The EU Directive provides that beneficiaries of international protection (refugee or humanitarian status) should be able to obtain long-term resident status in the Member State which granted them international protection, subject to the same conditions as other third-country nationals.

The document creates the conditions for a more comprehensive integration of beneficiaries of international protection in the Member State of residence.

It also promotes mobility on the territory of the EU and equality of treatment with citizens of the Member State of residence in a wide range of economic and social matters.

Under the proposed amendments, beneficiaries of international protection shall acquire EU long-term resident status after 5 years of legal and continuous residence in a Member State (Bulgaria).

The proposed legal changes also specify the procedures for accounting for the five-year period of legal and continuous residence in Bulgaria and set out a mechanism for ensuring that Bulgaria and the other Member States are acquainted with the legal status of the above-mentioned group of persons.

The provisions also require a straightforward declaration of the circumstances surrounding the granting of international protection in the residence documents and add special cases to the list of reasons for refusing to issue or to extend the period of residence and the reasons for withdrawing the status of long-term resident.

The draft bill also proposes an amendment stipulating that in exceptional cases and under strictly defined circumstances, the execution of administrative coercive measures may be stopped, thereby allowing temporary residence on the territory of the country without cancelling the foreigner's obligation to leave the country if the obstacle drops.

The proposed set of amendments also provides that the execution of all administrative coercive measures (escorting to the border and expulsion) should be supervised by representatives of national and international NGOs or Bulgaria's Ombudsman.

Another proposal is to not accommodate unaccompanied minors (up to 18 years of age) at special centers for temporary accommodation of foreigners and to treat them in accordance with protective measures under the Child Protection Act.

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