Consequences of entering without a legal ground

What can happen if you enter Bulgaria without valid authorisation?

Criminal punishment

Crossing the border irregularly can result in criminal punishment. According to the Criminal Code, illegal crossing of the state border of Bulgaria is punishable by up to five years of imprisonment and by a fine BGN 100 to 300 (EUR 50 to 150) if it was committed either: 

  • without a permit from the respective bodies of the government or
  • with a permit but not through the locations intended for crossing.

If the irregular crossing is committed for a second time, it is punishable by up to six years of imprisonment and by a fine BGN 100 to 300 (EUR 50 to 150).

Exception in case of refugees

The Convention Relating to the Status of Refugees obliges states to make an exception in cases of refugees who are escaping from persecution. It forbids states from imposing penalties for illegal entry on refugees who enter the territory without authorisation, coming directly from a territory where their life or freedom was threatened. In this case, the authorities cannot expel you before processing your asylum application. Read more about asylum.

Precept to leave

If you have no legal ground to enter the state border of Bulgaria, either the border, immigration or regular police authorities or the State Security Agency shall refuse your entry and serve you a decision for non-admission. The border control authorities shall provide a foreigner, to whom entry has been refused, with a written decision, in which the reasons for his/her non-admission in the territory of the state have to be reflected.

If you have no legal ground to stay in Bulgaria otherwise, you will be a subject of a compulsory administrative measure and will be issued an order to lеаve the country. You will be given a deadline to fulfil your obligation to leave – between 7 and 30 days.

According to the Foreigners in the Republic of Bulgaria Act other compulsory administrative measures can be: 

  • revoking the residence permit in Bulgaria;
  • expulsion; 
  • prohibition to enter and reside on the territory of Member States of the European Union.

You have the right to challenge both the non-admission and deportation orders through the local Administrative Court. Read more about how to challenge these orders.  

Detention

In all cases, the authorities may place you in a detention centre in order to enforce your return or deportation. Read more about the grounds and conditions of detention.

Resources

Last updated 17/04/2023