UK Citizen with Kyrgyz wife moving to Bulgaria need help!

[mym]

However, nothing is ever easy of course and we've now got the next hurdle to get over. My wife's visa is for three months, however I'm going to be working here for at least four months (possibly longer) so we need to extend her visa to a long term one.

Her visa was not one to allow her to stay, but to allow her to enter. Once in, her right to be there derives *only* from her relationship to you, an EEA Citizen.

Could anyone help with any info? Is it correct that she must leave the country or is this another misapplication of EU Law? Any advice, as always, extremely welcome.

Bulgaria is applying the Directive as transposed into Bulgarian law - as set out in the (not very good) translation at http://www.ambsofia.um.dk/NR/rdonlyres/ ... RINGBG.doc.

That gives the method of applying, in country, for her Residence Permit and your Registration Card.

[Directive/2004/38/EC]

They are being silly or are confused. She definitely does not need to leave the country. She is there as your family member, and as long as you are working she as much right to be there as you do.

She needs to apply for a Residence Card, as you will see in Directive 2004/38/EC and in the member state transposition. You should start the application now. Be sure you say you want to keep your passports so that you can travel while the application is being processed. They should immediately give you a confirmation of your application, and this should be sufficient until the Residence Card is issued or you leave the country. She can work if she wants from the day you arrived.

If you have any problems, immediately (again) get the help of Solvit.

If I were you, I would also apply for an EEA family permit (like an entry visa) to visit the UK. It makes a nice weekend trip when spring finally arrives to the barren islands.

[dreadnought]

Thanks to both of you for your help here. Again, it's encouraging to read/hear that we are not crazy in questioning the Bulgarian Foreign Ministry! I've contacted Solvit already and I am hoping to hear something from them very soon.

[petkanov]

This is the application form your wife has to fill: http://egov.bg/docs/100001083.pdf

On the application form there is a question how you entered bulgaria, and the boxes are: without visa, transit visa, short term visa, or d visa. They also ask reason for travel to bg. You can put accompany eu citizen. Anyway, according to the form there shouldn't be a problem. To submit application cost about 10 lev I believe. Maybe you got confused because there is a different procedure for family members of eu citizens.
The form is in bulgarian

[dreadnought]

This is the application form your wife has to fill: http://egov.bg/docs/100001083.pdf

On the application form there is a question how you entered bulgaria, and the boxes are: without visa, transit visa, short term visa, or d visa. They also ask reason for travel to bg. You can put accompany eu citizen. Anyway, according to the form there shouldn't be a problem. To submit application cost about 10 lev I believe. Maybe you got confused because there is a different procedure for family members of eu citizens.
The form is in bulgarian

Petkanov, appreciate the help on this. I think the main reason I'm confused is that everyone we speak to in the Bulgarian Foreign Ministry tells us different information.

[Directive/2004/38/EC]

You should not pay any fee. The application for a Residence Card is no cost. If you are paying, you are applying for the wrong thing (or they are confused).

[petkanov]

You do have to pay. My wife is an EU citizen and paid 7 lev for her registration certificate in bulgaria. Family members of EU citizens also pay around that sum. This is perfectly legal, as bulgarians also pay around that sum the get their id cards. As far as the Directive goes,
read Article 25, point 2 it allows for charging as long as it is on par with local citizens

[mym]

You should not pay any fee. The application for a Residence Card is no cost.

Only if Bulgarians are not charged for similar documentation.

Watch out for the UK starting to charge when they notice that bit :(

[Directive/2004/38/EC]

Interesting. This is the only member state that I am aware of that charges for a Residence Card.

The UK will certainly start requiring ID cards for EU citizens and for family of EU citizens, but can only do that once they become manditory for British subjects.

[petkanov]

Finland charges 40 euro

http://www.poliisi.fi/poliisi/home.nsf/ ... endocument