Author
National forms of protection
The only other existing form of national protection status different from asylum, international and temporary protection is the possibility for regularization of unaccompanied children. Following a proposal by the non-governmental organisation Bulgarian Helsinki Committee[1] as a member of the expert working group convened for a revision of the national Law on Foreigners,[2] the latter was amended in April 2019 and entered into force in October of the same year to introduce a regularization ground for unaccompanied migrant children who have not claimed asylum or who have been finally rejected asylum, and therefore residing irregularly. The law envisages[3] that if the irregular unaccompanied migrant children entered the country alone, or was abandoned after entering the country’s territory, they can apply for a long-term residence until reaching the age of majority. Once granted, the long-term residence can be extended[4] indefinitely after the age of majority on humanitarian grounds. Such grounds can be reasons which require in their best interest the child to be admitted to, or left to remain in the territory of the country.[5] The law however prohibits[6] family reunification to unaccompanied migrant children who have been granted such legal residence in both cases – prior or after reaching adulthood. In November 2019[7] the rules of this regularization procedure were also adopted and enforced. In immigration procedures unaccompanied migrant children are legally represented by an appointed social worker[8] from the local child protection services of the Agency for Social Assistance. This regularization procedure aimed to provide additional legal safeguards mainly to unaccompanied children whose asylum application were finally rejected in order to secure their access to rights and services, e.g. accommodation, health care, access to education, etc., which otherwise would be either seriously compromised or fully inaccessible. However, this regularization procedure has not been applied in practice since its adoption with just one unsuccessful attempt in Svilengrad region. Amont other, the main reason is the high absconding rate of unaccompanied children (see, 4. Legal representation of unaccompanied children).
Return procedure
Under the general immigration law LARB return orders are issued automatically to any migrant at the very moment of their identification as irregular.[9] Therefore, the overwhelming majority of the asylum seekers in Bulgaria apply for asylum after they have been apprehended by the police[10] upon entry, exit or inside the country’s territory, and served a return order. The LARB envisages[11] that a return or expulsion order can be issued by the police authorities – border, immigration or regular police -, or the State Agency for the National Security (SANS). Presently, the asylum agency SAR does not have competence to issue return orders. If a return order is issued prior to an applicant prior the submission of his asylum application or during the asylum procedure, its implementation is automatically suspended by virtue of the law (ex lege) until the asylum procedure is completed with a final decision.[12] If this decision is granting asylum the return order is again automatically considered revoked by the virtue of the law.[13] The asylum law LAR explicitly envisage[14] that when applicants whose decision for a refusal, cessation or exclusion from asylum, or termination of the procedure has become final should be considered falling within the scope of the general immigration law, rules and procedures. The asylum agency (SAR) has an obligation to inform police authorities that a certain applicant is no longer under the protection of the asylum law.
In general, the national return rates are not significant. In 2024, the MOI returned 1,015 migrants while during the previous years the implemented returns were, respectively: 565 returned migrants in 2023, 582 returned migrants in 2022, 770 returned migrants in 2021 and 428 returned migrants in 2020.[15]
[1] Council of Ministers, Draft Proposal for Amendment of the Law on Foreigners in the Republic of Bulgaria, 21 December 2018, available in Bulgarian here.
[2] National Parliament, reg. № 902-01-5 from 19 February 2019, Law on Foreigners in the Republic of Bulgaria, St.G.№34 from 23 April 2019, enforced on 24 October 2019.
[3] Article 28a(1) LARB.
[4] Article 28a(2) LARB.
[5] §1(16) LARB.
[6] Article 28a(6) LARB.
[7] Article 63l of the LARB Regulations.
[8] Article 7a LARB.
[9] Article 41 LARB.
[10] Bulgarian Helsinki Committee, 2024 Annual RSD Monitoring report, 31 January 2025, available in Bulgarian at: https://bit.ly/3SX3ST7: 12,250 asylum seekers vs. 10,182 persons (83%) apprehended by the MOI.
[11] Article 44(1) LARB.
[12] Article 67(1) LAR
[13] Article 67(2) LAR.
[14] Article 66 LAR.