INFORMATION FOR UKRAINIAN MIGRANTS IN BULGARIA

Summary:

This article aims to help the displaced persons from Ukraine who are running from the war and are seeking refuge in the Republic of Bulgaria, as well as those who are helping these people to cope with the challenges they are currently facing.

The article does not aim at the complete explanation of the legal framework of the Republic of Bulgaria regarding the processes of application and obtaining asylum or protection withing the territory of the country, but rather aims to present in a systematic and clear way the practical aspects of applying and obtaining asylum or protection –competent authorities, procedures, documentation, etc.

The article will discuss the main differences between granting asylum, international protection (receiving either refugee or humanitarian status) and temporary protection. Particular attention is given to temporary protection, as this type of protection will find the widest application for displaced persons from Ukraine who are fleeting the war and who enter Bulgarian territory, seeking refuge.

This article will also touch upon the basic rights of people that have been granted temporary protection and will discuss practical guidelines for the implementation of these rights.

Finally, the article will touch upon practical advice and recommendations provided by the Bulgarian institutions, as well as show useful links and other resources that can aid the people who have been granted asylum or temporary protection.

This article does not constitute legal advice and the author is not bound by the information given. The articles is purely for informational purposes.

If you require individual consultations and legal advice, you can contact us at ssheyredov8@gmail.com or by using the form in the “Contacts” section of this page.

 

The law in the Republic of Bulgaria provides various legal grounds for admitting asylum seekers to the territory of the country. These different grounds, in turn, lead to the granting of different status to these people. This is important because different statutes imply different procedures and different rights to be obtained by the recipient. This article discusses all the grounds for granting protection as established but the Bulgarian law, and will pay special attention to “temporary protections”, as this type of protection will find the widest application in relation to displaced persons from the war in Ukraine, who enter the territory of the Republic of Bulgaria to seek protection.

The types of protection are established in the Bulgarian Asylum and Refugees Act. The types of protection are: asylum, refugee status, humanitarian status and temporary protection.

1. ASYLUM

a. Characteristics and legal grounds for granting asylum: Asylum is granted to foreigners persecuted for their beliefs or activities in defense of internationally recognized rights and freedoms. The granting of asylum is a type of individual protection – an assessment is made for each individual and specific case of a request.

b. Competent authority to consider the request and to rule: The President of the Republic of Bulgaria

c. Procedure: The foreigner who seeks asylum should submit a written application to the President of the Republic of Bulgaria. The request may be submitted directly to the Presidential Administration or to another state body, but addressed to the President, and the respective state body shall be obliged to forward it to the President immediately.

• Peculiarity: As the President is the head of state of the Republic and not a body of the executive power, his function and activity are not equivalent to the functions and activity performed by the bodies of the state administration. The rules for administrative proceedings do not apply to the president, there is no deadline for ruling, there is not even an obligation to rule – i.e. the president is not obliged by law to consider the application submitted to him. The granting or denial of asylum is not subject to judicial review.

• Peculiarity: As the President is a constitutionally established body and head of state of the Republic, there will be no conflict between the proceedings in the event that both an application to the President for asylum and an application for refugee status are submitted, resp. humanitarian status or for temporary protection, to the State Agency for Refugees. This means that there is no conflict in sending two requests simultaneously and in parallel – to the President and to the State Agency for Refugees.

 2. REFUGEE STATUS

a. Characteristics: Refugee status within the Republic of Bulgaria is granted to a foreigner who, due to legitimate fears of persecution based on race, religion, nationality, political opinion or belonging to a certain social group, is outside his country of origin and therefore cannot or does not wish to use the protection of that State or to return to it. Granting refugee status is a type of individual protection – an assessment is made for each individual and specific case of a request. A distinction should be made between a refugee and a foreigner who immigrates to the Republic of Bulgaria for economic, educational, family or other similar reasons. The reason for the refugee to flee his country of origin is because he fears persecution, violation of fundamental human rights or threat to his life and security due to war or natural disaster, i.e. there are well-founded fears of persecution because of race, religion, nationality, political beliefs or belonging to a particular social group. According to the Asylum and Refugees Act, “persecution” is a violation of fundamental human rights or a set of actions that lead to a violation of fundamental human rights, sufficiently severe in nature or recurrence. “Acts of persecution” can be physical or mental violence; legal, administrative, police or judicial measures that are discriminatory or applied in a discriminatory manner; prosecution or penalties that are disproportionate or discriminatory; refusal of judicial protection, which is expressed in a disproportionate or discriminatory punishment; actions directed against persons on the grounds of their sex or against children and others. Unlike refugees, immigrants leave their country and go to another country of their own free will and decision without coercion from anyone or anything, whether under economic, family, educational or other motives.

b. Competent authority to consider the request and rule: The Chairman of the State Agency for Refugees.

c. Procedure: A foreigner who wishes to be granted refugee status must submit a written application to the State Agency for Refugees or an oral application to an employee of the State Agency for Refugees. The application can be submitted directly to the State Agency for Refugees or to another state body (e.g. to Border Police), which is obliged to forward it immediately to the State Agency for Refugees for consideration and decision. When submitting the application, the person may request the provision of a translator. No later than 15 days from the submission of the application, the applicant shall be informed in writing in a language he or she understands of the procedure to be followed, of his or her rights and obligations, of the consequences of non-compliance and of all other matters regarding the initiated procedure and its outcome. When applying, the foreigner should present, if possible, his identity documents, which are received and stored by the State Agency for Refugees until the end of the procedure with a final act (a decision that has entered into force). A foreigner who has applied for international protection (refugee or humanitarian status) is registered with the State Agency for Refugees and has a personal file created for him. Upon registration, the State Agency for Refugees collects data on names, citizenship, date and place of birth, gender, marital status and kinship, identity documents and other documents. The foreigner is issued a registration card for a period of three months, which can be extended if necessary. The card contains data about the foreigner, such as status, names, gender, citizenship and others. After registration, a date is set for an interview. The foreigner who has applied for refugee status shall be notified in due time of the date of each subsequent interview. The foreigner is obliged to present all the evidence in support of his / her application for international protection until the final ruling, and in case he / she does not present it, the ruling is made without this evidence. The interview is conducted in a language requested by the foreigner. When this is not possible, the interview is conducted in a language that he understands. At the end of the interview, the transcript is read to the foreigner, who can comment on it and provide explanations regarding translation errors or inaccurate statements. The protocol is signed by the foreigner, the translator and the interviewing authority. During the interview, the foreigner may be accompanied by a lawyer present. Within 6 months from the initiation of the procedure for granting refugee status, the Chairman of the State Agency for Refugees must make a decision either granting refugee status or denying refugee status. In the event that refugee status is not granted, the need to grant humanitarian status shall be considered ex officio within the same period – meaning that the foreigner need not apply for humanitarian status if his application for refugee status is denied, as the Chairman of the State Agency for Refugees is obligated in this case to consider granting or denying the foreigner humanitarian status. The decision of the Chairman of the State Agency for Refugees, by which he denies refugee status or denies humanitarian status, is subject to appeal within 14 days of its receiving by the foreigner or his lawyer, in front of the administrative court at the present address of the foreigner. The decision of the administrative court, which confirms the decision of the chairman of the State Agency for Refugees, is subject to cassation appeal before the Supreme Administrative Court. The decision of the Supreme Administrative Court is final and is not subject to appeal. Decisions of the Chairman of the State Agency for Refugees granting refugee status or granting humanitarian status are not subject to appeal.

• Peculiarity: In the event that a foreigner applying for refugee status (or humanitarian status, see below) that has already been granted temporary protection (see below), the procedure for granting refugee status (or humanitarian status) shall be suspended until the period of temporary protection has expired. After the expiry of the granted temporary protection, the proceedings on the submitted application for refugee status (or humanitarian status) continue in accordance with the law (see above).

d. Rights and obligations during the proceedings of the persons who have applied for refugee status: During this procedure – from the moment of submitting the application until the entry into force of a final decision granting or denying refugee status – refuge seekers have the following rights:

 1. the right to remain on the territory of the Republic of Bulgaria;

2. the right to move within a predefined zone on the territory of the Republic of Bulgaria;

3. right to shelter and food;

4. right to the same social assistance as Bulgarian citizens;

5. right to the same health insurance, affordable medical care and free use of medical care as Bulgarian citizens;

6. right to psychological assistance;

7. right to receive a registration card;

8. right of translator or interpreter.

It should be added that if more than 3 months have elapsed since the application for protection was submitted and the proceedings have not yet been completed for reasons beyond the control of the refuge seeker, he has the right to access to the labor market. The foreigner also has the right to be consulted and represented by a lawyer in the course of the proceedings – the legal aid provided may be free (under the Legal Aid Act) or paid by the foreigner with personal funds with accordance to the free and explicit agreement that has been made with the lawyer. The foreigner or his representative has the right to access to all information that has been gathered in the course of the proceedings and the right to access to his personal file (although there are instances in which access to information may be denied – e.g. if this could be a risk to national security or impede the examination of the application for international protection).

In addition to his rights, the foreigner has the following main obligations:

1. to comply and not to interfere with officials in the performance of their official duties;

2. to hand over all documents owned by him, which may serve to establish his identity and citizenship, as well as the manner of his movement and entry into the Republic of Bulgaria;

3. when he does not possess the documents under item 2, he has to certify his identity, date and place of birth, marital status, as well as if he is accompanying minors and certify their information as well, by a declaration before an official, for the accuracy of which he bears criminal responsibility under Art. 313 of the Bulgarian Criminal Code;

4. to protect the property provided to him for use (for non-protection of the property a fine of BGN 50 to 200 may be imposed);

5. not to leave the territory of the Republic of Bulgaria without the permission of the State Agency for Refugees;

6. to assist in clarifying his case by communicating complete and reliable information to the relevant officials;

7. to give fingerprints; and others.

To these main obligations we should add the general obligation of foreigners to comply with and implement the Constitution and the laws of the Republic of Bulgaria.

It should be noted that after obtaining refugee status, foreigners have a wider set of rights that will not be covered in this article.

3. HUMANITARIAN STATUS

a. Characteristics: Humanitarian status is granted to a foreigner who does not qualify for refugee status and who is unable or is unwilling to receive protection from his or her country of origin, as he or she may be at real risk of serious harm, such as death penalty or execution, torture, inhuman or degrading treatment or punishment. Humanitarian status is also granted in the event of war, when there are serious and personal threats to the life or identity as civilians due to violence resulting from internal or international armed conflict. The perpetrators of these actions may be the State; parties or organizations that control the State or a significant part of its territory; non-state actors (in certain hypotheses). It is important to note that humanitarian status is subsidiary, meaning that it applies to the extent that a person does not meet the requirements for obtaining refugee status. Not only that, but, as stated above, in case that it is found that there are no grounds for granting a foreigner refugee status, the Chairman of the State Agency for Refugees is obliged to decide ex officio whether there are grounds for granting humanitarian status to the foreigner. It is possible for a foreigner to be denied refugee status but to be granted humanitarian status.

b. With regard to the competent authority, the procedure and the rights and obligations of the foreigner who has initiated the procedure for granting humanitarian status, the same rules apply as for obtaining refugee status (mentioned above).

4. TEMPORARY PROTECTION

a. Characteristic: Temporary protection is provided in case of mass entry of foreigners who are forced to leave their country of origin due to armed conflict, civil war, foreign aggression, human rights violations or large-scale violence on the territory of the respective country or in a separate area from it and who cannot therefore return there. Temporary protection aims, in the event of a mass influx or threat of mass influx of displaced persons from third countries who cannot return to their country of origin, to provide immediate and temporary protection, especially when there is also a risk that the asylum system will collapse due to inabilaty to consider all requests of asylum seekers without adversely affecting the proper functioning of this system. This exceptional measure is taken in the interests of the above-mentioned affected persons and other asylum seekers.

Temporary protection is a group protection. It is not provided individually, but as a result of a government decision that affects the situation of an indefinite number of foreigners who have been displaced from their country of origin. It is the large number of asylum seekers that is the main difference between temporary protection and humanitarian status.

b. Competent authority to consider the request and rule: The decision to introduce temporary protection is taken by the Council of the European Union. In accordance with this decision, the Council of Ministers of the Republic of Bulgaria issues a decision for granting temporary protection on the territory of the Republic of Bulgaria. Upon a request, submitted by a foreigner seeking temporary protection in the Republic of Bulgaria, only a formal check of the circumstances set forth in the application and their compliance with the grounds for granting temporary protection set forth in the law shall be made. If the necessary grounds are present and the legal requirements met, the State Agency for Refugees is obliged to ascertain the granted temporary protection and to issue a registration card to the foreigner to whom the temporary protection has been granted. The card has a temporary effect – it is valid until the expiration of the period of temporary protection set by the Decision of the Council of the EU.

Following the Council Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced people from Ukraine within the meaning of Article 5 of Directive 2001/55 / EC and introducing temporary protection, with Decision № 144 of 10 March 2022, given by the Council of Ministers, temporary protection was officially granted to the displaced people from Ukraine on the territory of the Republic of Bulgaria. This means that it is only necessary to apply to the State Agency for Refugees so that a foreigner who has been displaced by the war in Ukraine can benefit from the provided temporary protection.

c. Procedure: A foreigner who has been displaced by the war in Ukraine and wishes to benefit from the temporary protection granted on the territory of the Republic of Bulgaria must fall into one of the following categories of persons:

• Ukrainian citizens residing in Ukraine before 24 February 2022; or

• Stateless persons or third-country nationals other than Ukraine who have been granted international protection or other equivalent protection in Ukraine before 24 February 2022;

• Family members of the above categories of persons;

• Stateless persons or third-country nationals other than Ukraine who can prove that they resided legally in Ukraine before 24 February 2022 on the basis of a valid permanent residence permit issued in accordance with Ukrainian law and cannot return permanently to their country or region of origin under safe conditions.

Persons who cannot apply and benefit from temporary protection are:

• persons who have committed an act that constitutes a war crime or a crime against peace and humanity;

• persons who have committed a serious crime of a non-political nature outside the territory of the Republic of Bulgaria;

• persons for which there are serious grounds to believe that he is committing, inciting, assisting, participating in training or preparation for carrying out actions contrary to the goals and principles of the United Nations (UN), regulated in the Preamble and in Art. 1 and 2 of the UN Charter, as well as in its resolutions on measures to combat international terrorism;

• persons who pose a threat to national security or society.

Registration for temporary protection is carried out upon submission of an application to a government clerk within the Ministry of Interior or the State Agency for Refugees in one of the following places:

https://www.google.com/maps/d/viewer?mid=1wVF9zh55afXdf1SwBeInZ5ymA7BhSkZ-&ll=42.17482897887718%2C24.764805032446308&z=13

With the application, foreigners should submit all available documents that they possess – official and non-official, to help public authorities to establish all the circumstances relevant to the procedure of granting temporary protection. The lack of documents does not prevent the possibility of obtaining temporary protection. You will be asked for information about your identity and family ties and you will be photographed. In case you meet the requirements for granting temporary protection, you will be issued a registration card, which certifies that you have the rights of a person who has been granted temporary protection in the Republic of Bulgaria for the period of temporary protection.

• Peculiarity: While under temporary protection, foreigners cannot be granted refugee or humanitarian status. Therefore, even if there are grounds for granting one of these statutes and an application has been submited, the proceedings shall be suspended until the expiry of the temporary protection. After the expiry of the temporary protection, the proceedings on the submitted application for refugee status (or humanitarian status) shall continue in accordance with the law (see above).

d. Rights of foreigners who have been granted temporary protection. Foreigners, after being granted temporary protection, have the following basic rights within the Republic of Bulgaria:

1. The right to remain on the territory of the Republic of Bulgaria for the duration of the granted temporary protection.

Presently, temporary protection of foreigners displaced by the war in Ukraine has been granted for a period of 1 year, as of 24.02.2022. This protection expires on 24.02.2023, but in the event that the armed conflict has not ended and there is still a danger to the life and health of the displaced, it is possible to further extend this period. If the period expires and is not extended, the foreigner may apply for protection on other grounds – e.g. refugee status, humanitarian status or asylum (see above).

2. The right to work legally in the Republic of Bulgaria.

Foreigners under temporary protection are granted free access to the labor market without the need for additional permission. Persons who have the status of temporary protection may register as jobseekers in the Labor Office Directorate within their permanent or current address of residence.

3. Right to professional training.

4. Right of access to the education system for persons under 18 years of age.

Bulgarian law guarantees the possibility for persons under the age of 18 who have been granted temporary protection to receive free pre-school and school education. Applications for admission and education of children and students of pre–school and school age from Ukraine in Bulgarian state and municipal kindergartens and schools are submitted to the 28 regional departments of education (RDE) in the regional cities in the country. Additional information can be found here: https://mon.bg/bg/100681

5. Right to appropriate accommodation.

The state provides free accommodation to foreigners who have received temporary protection when they are unable to provide their own accommodation. However, many Bulgarian citizens voluntarily provide free accommodation.

6. Right to social assistance.

Persons who have been granted temporary protection are entitled to social assistance under the Social Assistance Act, the Personal Assistance Act and the Disability Act.

Under the Social Assistance Act, these persons, insofar as they meet the conditions in the law, may receive one-time social assistance, monthly social assistance and targeted home heating assistance. More information here: https://asp.government.bg/bg/konsultatsiya-za-grazhdani-na-ukrayna/pomoshi-za-chuzhdenci

Beneficiaries under the Personal Assistance Act may be persons with permanent disability with established type and degree of disability or degree of permanently reduced working capacity with need of assistance; as well as children with 90 and over 90 per cent type and degree of disability or degree of permanently reduced working capacity without need of assistance. More information here: https://asp.government.bg/bg/mehanizam-lichna-pomosht/ukazania-mehanizam-lichna-pomoshti

The Law on People with Disabilities provides additional protection to persons enjoying temporary protection who have physical, mental, intellectual and sensory disabilities, which in interaction with their environment could hinder their full and effective participation in public life. More information here: https://ahu.mlsp.government.bg/portal/page/16

7. Right to free medical care in emergency situations.

If you need medical help in an emergency situation, you can call the national and European hotline number – 112. “An emergency” is any acute or sudden change in human health, expressed in a new or existing disease, disability or other condition or circumstance, as well as and complications in childbirth threatening the health and life of the mother and fetus, of sufficient severity, which may lead to death or to severe or irreversible morphological or functional damage to vital organs and systems, including critical disturbances in vital functions, loss of function of an organ or part of the body, temporary or permanent disability, if immediate medical action aimed at physiological stability and/or effective definitive treatment of the patient is not taken.

8. Right to free medical care for persons from vulnerable groups.

“Persons from a vulnerable group” are children under the age of 18, unaccompanied children under the age of 18, the disabled, the elderly, pregnant women, single parents with children under the age of 18, victims of human trafficking, persons with serious health problems, persons with mental disorders and persons who have suffered torture, rape or other severe forms of mental, physical or sexual violence. These persons have the right to medical or other services under the conditions and in accordance with the procedure for Bulgarian citizens.

Information on medical institutions providing free medical care to Ukrainian citizens who have been granted temporary protection: https://ukraine.gov.bg/bg/get-medical-help/

9. The right to return freely to their country of origin.

Persons who have been granted temporary protection may return freely to their country of origin and return to the Republic of Bulgaria until the expiry of the period of temporary protection.

10. The right to request reunification with members of their family or other relatives.

Family members have all the rights of the foreigner that has been granted temporary protection. Family reunification can also take place in the territory of another EU Member State.

“Family members” means a husband or wife; unmarried children under the age of 18 of the foreigner or his/hers spouse, regardless of whether they were born or not within the marriage or are adopted. Reunion may also be requested with other close relatives with whome the requestee had lived together as part of the same household at the time of the events and who were dependent on the requestee while in the country of origin.

11. Right to written information about the rules and conditions of temporary protection given in a language that the foreigner understands;

12. Right to possessing a registration card of a foreigner, who has been granted temporary protection – for the term of protection.

e. Practical advice and tips:

• Always provide assistance to government bodies and civil servants.

• Ask for information to be given in a language which you understand.

• Before or immediately after entering the country, look for accommodation.

• Register at the nearest district police station at the address where you are accommodated. This allows the state to communicate with you and find you if necessary.

• Register with the Labor Office if you have difficulty finding a job.

• Enroll children in kindergarten/school.

• Monitor groups, organizations and events set up to help temporary protection seekers by providing them with food, clothing, hygiene and medical products and supplies.

• Seek assistance from the Social Assistance Agency, the Employment Agency, the State Agency for Refugees, the District Administration of the district in the territory where you are registered. These administrations can provide you with full assistance in a language which you can understand.

• Look for places to get free medical care.

• Look for places to get free legal aid.

• Look for a bank that provides services to temporary protection beneficiaries. After receiving temporary protection, a bank should not refuse you to open an account or provide other services. However, in case of refusal from the bank, you can contact the Consumer Protection Commission – https://psc.egov.bg/en/user-guide-costomer-protection.

• Look for a call service provider that provides services to temporary protection beneficiaries. In case of refusal, you can contact the Consumer Protection Commission – https://psc.egov.bg/en/user-guide-costomer-protection.

• If you drive a car – you do not need to pay vignette and toll fees in the Republic of Bulgaria, but it is necessary to obtain border insurance “Civil Liability of keepers of motor vehicles” with the international certificate “Green Card” – http://guaranteefund.org/bg/ % D0% BD% D0% BE% D0% B2% D0% B8% D0% BD% D0% B8 / 199-% D1% 81% D1% 8A% D0% BE% D0% B1% D1% 89% D0% B5% D0% BD% D0% B8% D0% B5-% D1% 83% D0% B0

• If you travel with pets – you can enter the Republic of Bulgaria, whether or not they have identification chips, passports or vaccination certificates, but within 72 hours of accommodation you should isolate the pet from contact with other animals and you should contact the Regional Directorate for Food Safety – https://www.bfsa.bg/userfiles/files/ZJ/Attachment%202.%20Locations%20of%20RFSDs.pdf

f. Useful web links:

• State Agency for Refugees – https://aref.government.bg/bg

• Employment Agency – https://www.az.government.bg/pages/dostup-do-pazara-na-truda-v-bulgaria/

• Ministry of Education and Science – https://mon.bg/bg/100681

• District Administration – Plovdiv – https://pd.government.bg/?page_id=31236

• Bulgarian Red Cross https://www.redcross.bg/

• Bulgarian Food Safety Agency –https://www.bfsa.bg/bg/Page/ukraine_dl/index/ukraine_dl/%D0%9E%D0%B1%D0%BB%D0%B5%D0%BA%D1 % 87% D0% B5% D0% BD% D0% B8% 20% EF% BF% BD

• Bulgarian Council for Refugees and Migrants – https://bcrm-bg.org/

• The website www.ukraine.refugee.bg provides information on refugees from Ukraine

• Bulgaria for Ukraine – https://ukraine.gov.bg/bg/

• Bulgarian Helsinki Committee – https://www.bghelsinki.org/bg/news/informacija-za-hora-idvashti-ot-ukrajna

• Consumer Protection Commission – https://psc.egov.bg/en/user-guide-costomer-protection

• Commission for Protection against Discrimination – https://kzd-nondiscrimination.com/layout/

• Facebook group “Assistance to Ukrainian Refugees in Bulgaria / Assistance for Ukrainian Refugees” – https://www.facebook.com/groups/338927668246444

• Facebook group “Aid for Ukrainian refugees / Assistance to Ukrainian refugees” – https://www.facebook.com/groups/511976230504191/

 

If you require individual consultations and legal advice, you can contact us at ssheyredov8@gmail.com or by using the form in the “Contacts” section of this page.