The number of foreigners who received a visa D rejection under Article 24, paragraph 1, item 18 of the foreigners law remains alarmingly high. Most often these are third-country nationals (non-EU countries) who are married with Bulgarian citizens.
Inconveniences, especially during a pandemic situation
In order to be able to settle in Bulgaria, the spouses of Bulgarian citizens should first obtain a visa under Article 15 of the foreigners law (visa D) from the Bulgarian Embassy in their country of origin. If there is no Bulgarian embassy or consulate in the respective country, the foreigners should turn to the diplomatic mission, which is authorized for their country. For example, Peruvian citizens must visit our embassy in Brazil to apply for a D visa.
It is possible, with the express permission of the Ministry of Foreign Affairs, to apply for a D visa in a country other than the country of origin. Of course, the applicant should justify this need with good reason and relevant documentation.
Rejections by default
We are impressed not only by the numerous refusals to issue a visa D, but also by the “ease” with which the administrative authorities hinder the plans of many families of Bulgarian citizens. The right of residence (incl. obtaining of visa D) is a derivative right of the foreign national deriving from the EU treaty. Violations of these rights are disturbing not only for the foreign citizen, family member of an EU citizen (Bulgarian), but also for the Bulgarian citizen.
What to do if your Bulgarian spouse visa D is rejected?
The refusal to issue a visa to a family member of a Bulgarian citizen violates the basic rights of the EU citizen. For this reason, this refusal can be appealed in court. Of course, in the course of the case it will first be necessary to prove that the rights of the Bulgarian citizen have been violated. And that is not always as easy as it seems at first glance.
If you have applied for a D visa without our assistance and have been refused, we recommend that you contact us immediately. There are certain deadlines for appealing the refusal, which must be strictly observed. Our lawyers will take care to protect your interests in court if you call in time. It is not uncommon for us to refer to European law and the practice of the ECJ due to the incomplete legal framework in Bulgaria.