Perhaps you can help me...
I am an Australian citizen. I was in Bulgaria for approx 180 days (6 months) on a formally extended free-visa stay. During this time I met and married my husband, he is a Bulgarian citizen. Prior to our marriage earlier this month, we sought advice from the Migration Directorate on the procedure we should take so that I could remain in Bulgaria for additional 3-6 months. As advised by them, we left Bulgaria following our marriage to apply for visa C and visa D in Athens, Greece at the Bulgarian Embassy. We were told visa C could not be refused to me and would be issued almost immediately. Upon attempting to make my visa application at the embassy, it was refused by the consul. He stated that I don't have the right to apply for visa C because of the visa-free agreement between Bulgaria and Australia. He also refused my visa D application for reasons which we had never been informed of previously and which we still think are not entirely correct. I'm trying to keep this post succinct since the situation has become a little complicated, but I can provide further details if you need them.
Following the refusal at the embassy, we appealed to the Bulgarian Border Police to allow me into Bulgaria (to collect my belongings and move out of the apartment which I rent there). This has been granted for 1 week.
Meanwhile, we are reading up on the law regarding Foreigners in the Republic of Bulgaria and have contacted Solvit (still awaiting response) and trying to find information online. Because the actual law is difficult to ascertain at times and because we have been told many variations on the correct procedure we were to take, we are eagerly seeking clarification.Â
I kindly ask you:
1. Do you know what my rights are when I return to Bulgaria (during the 1 week that has been granted by the border police)?
2. Do I have the right, as I have read, to remain in Bulgaria visa-free for up to 90 days as a non-EU family member to a Bulgarian citizen (regardless of the fact that I've already been there on a visa-free stay prior to my marriage)?
3. Should and/or do I need to apply for a residence permit?
4. Is there anything else that you can tell me in regards to the circumstances I've mentioned here?
If you need clarification on anything I've written please let me know. I very much hope to hear from you soon.
Sincerely