The obtaining of a permit for residence of foreign nationals in Bulgaria is regulated by the Foreign Nationals Act (last amendment 28.01.2011).
For EU citizens, the procedure is as follows:
A European Union citizen resides in the Republic of Bulgaria with a valid ID card or a valid passport for a period of up to three months.
A family member who is not a European Union citizen resides in the Republic of Bulgaria with a valid passport for a period of up to three months from the date of his or her entry into the country.
A European Union citizen can reside in the Republic of Bulgaria for a long term or permanently, for which a certificate is issued by the Migration Directorate of the Ministry of Interior, Sofia Directorate of Internal Affairs (SDIA) or the district directorates of MI, or any officials authorised by the officers.
The long-term residence is for a term of up to five years.
The long-term residence certificate is issued to a European Union citizen who matches one of the following criteria:
1. he/she is a worker or self-employed person in the Republic of Bulgaria;
2. he/she has health insurance and the necessary financial means to cover the expenses on his/her stay and that of the members of his/her family, without being a burden to the social assistance system;
3. he/she is enrolled in an educational institution for the purposes of training, including vocational training, and complies with the provisions under subpara. 2.
The certificate of long-term residence is also issued to a member of the family of a European Union citizen who accompanies or joins a European Union citizen and who presents:
1. a valid ID card or a valid passport;
2. a document certifying he/she is member of the family or cohabits with the European Union citizen.
A European Union citizen or a member of his/her family who is a European Union citizen obtains a permanent residence certificate if he/she has legally resided for a period of five years in the Republic of Bulgaria or if he/she complies with the following criteria:
1. he/she has worked during the year preceding the moment of termination of his/her employment contract or his/her self-employment, or has reached retirement age or is entitled to early retirement, and has resided continuously in the Republic of Bulgaria for more than three years;
2. he/she is a worker or a self-employed person who does not work due to permanently reduced capacity for work and has resided continuously in the Republic of Bulgaria for more than two years;
3. he/she is a worker or a self-employed person and his/her incapacity for work is a result of occupational accident or a trade disease;
4. he/she is a worker or a self-employed person who has continuously resided and worked in the Republic of Bulgaria for three years and works as such in another member country but retains his/her place of residence in the Republic of Bulgaria and returns at least once a week in it.
The provisions under subpara. 1 and 2 do not apply if the worker or the self-employed person has contracted marriage or cohabits with a citizen of the Republic of Bulgaria or a person who has lost his/her Bulgarian citizenship by virtue of the entry into marriage with the former.
Where the worker or the self-employed person has a right to permanent residence under the foregoing paragraphs, the members of his/her family who live with him/her in the Republic of Bulgaria, regardless of their citizenship, also have a right to permanent residence.
For issuance of a permanent residence certificate, the European Union citizen or a member of his/her family who is a European Union citizen submits an application to the Migration Directorate of MI, SDIA or the district directorates of MI within three days before the expiration of the permitted period of long-term residence in the Republic of Bulgaria. The permanent residence certificate is issued on the day of the application submission and contains the full name of the person and the date of registration.
In the event of death of the worker or the self-employed person prior to acquiring the right to permanent residence and the termination of his/her employment or activity, the members of his/her family residing with him/her in the Republic of Bulgaria can acquire a right to permanent residence if they match the following criteria:
1. the worker or the self-employed person lived uninterruptedly in the Republic of Bulgaria for two years at the moment of death;
2. the death is the result of occupational accident or trade disease;
3. the surviving husband has lost his Bulgarian nationality due to the entry into marriage with the worker or the self-employed person.
For citizens of other countries, the general provisions described in the Foreign Nationals in the Republic of Bulgaria Act apply:
Permit for long-term residence in Bulgaria can be obtained on one of the grounds of the different subparagraphs of art. 24 of the Foreign Nationals in the Republic of Bulgaria Act. To obtain a long-term residence permit, the persons shall have a dwelling (own, rented or provided by third parties), compulsory health insurance, sufficient funds for maintenance, in the amount not less than the minimum monthly salary or the minimum pension in compliance with the legislation of the Republic of Bulgaria for the period of their stay.
The grounds for obtaining a long-term residence permit are listed in art. 24, subpara. 1:
1. Persons who wish to work under an employment contract after obtaining permission from the bodies of the Ministry of Labour and Social Policy;
2. Persons who carry out trade activity in the country under the legally prescribed procedure, and as a result of this activity they have opened at least 10 job vacancies for Bulgarian citizens;
3. Persons who are foreign specialists residing in the country by virtue of international contracts to which Bulgaria is a party;
4. Persons who have grounds to obtain permanent residence or have concluded marriage with a foreign national with permission for permanent residence in the country;
5. Persons who are representatives of foreign trading partnerships registered with the Bulgarian Chamber of Commerce and Industry;
6. Persons who are financially secured parents of permanently residing in the country foreign nationals or of a Bulgarian citizen;
7. Persons who have entered a healthcare establishment for long-term treatment and have sufficient funds for treatment and maintenance;
8. Correspondents of foreign mass media who have accreditation in the Republic of Bulgaria;
9. Pensioners who have a place of residence and sufficient funds for maintenance in the country;
10. Persons who are members of the family of a foreign national who has obtained long-term residence;
11. Parents or a spouse of a foreign national who has obtained permission for long-term residence on the grounds of art. 22 (Persons with diplomatic or consular immunity);
12. Persons who wish to carry out freelance activity after obtaining permission from the bodies of the Ministry of Labour and Social Policy;
13. Persons who wish to carry out not-for-profit activity after obtaining permission from the Ministry of Justice, harmonised with the Ministry of Interior and with the chairperson of the State Agency for National Security;
14. Persons who have obtained special protection statute under art. 25 of the Combating Trafficking of Human Beings Act;
15. Persons who are members of the family of a Bulgarian citizen.
Depending on the grounds of obtaining a residence permit, applicants shall prepare a set of documents. After preparing the set, it is submitted for review to the Bulgarian Consulate at the location of residence. The processing of the documents can take 1-2 months after which, in the event of approval, the applicant obtains a visa for long-term residence (the so called visa type “D”), which he/she can use to leave for Bulgaria, where he/she shall submit documents in the Migration department at the Ministry of Interior. After that he/she is issued a permit for residence of a foreign national for a term of half to one year, with possible extension.
Permit for permanent residence in Bulgaria:
It is issued to a foreign national who has resided legally and uninterruptedly in Bulgaria for a period of 5 years until the submission of application for permit for permanent residence. The periods of absence from Bulgaria do not interrupt the period of residence and are included in its calculation in the event they are less than 6 consecutive months and do not exceed a total 10 months for the entire 5-year period.
To obtain a long-term residence permit, the foreign national shall present evidence that he/she has sufficient funds for maintenance for himself/herself and the members of their family, in an amount not less than the minimum monthly salary or pension, together with medical insurance or insurance for the period of residence.
A foreign national who has obtained a statute of a long-term resident, respectively receives a long-term residence permit in the European Union. The permit is valid for 5 years, after the expiration of which term it is renewed upon the submission of an application.
The grounds for obtaining a permanent residence permit are listed under art. 25 of the Foreign Nationals Act.
In Bulgaria this statute can be obtained by every foreign citizen who has resided legally in the country for a period of 5 years with a temporary residence permit, or who complies with one of the provisions below. It must be noted that the obtaining of a permanent residence permit in practice makes you equal to the citizens of the Republic of Bulgaria (except for the suffrage)
1. Bulgarian origin;
2. Concluded marriage with a citizen of the Republic of Bulgaria or after 5 years of cohabitation as legal marriage with a permanently residing in the country foreign national;
3. Juvenile children of a Bulgarian citizen or of a permanently residing in the country foreign national who have entered into marriage, until their coming of age;
4. Statute of parents of a Bulgarian citizen, in case they provide him or her with the legally prescribed support, and in the case of adoption, not less than 3 years must have passed from the date of the adoption;
5. Legal uninterrupted residence in the Republic of Bulgaria for the period of the last 5 years, except for the term of the full-time education in a licensed educational institution, where only half of it is recognised;
6. Persons who have deposited over 1,000,000 BGN or have increased their capital through the acquisition of shares of Bulgarian trading partnerships, bonds, right of ownership of shares in a Bulgarian trading partnership, and acquisition of Bulgarian intellectual property;
7. Persons who have deposited the sum under item 6 in a licensed Bulgarian credit organisation under a trust contract for a period of not less than 6 months;
8. Persons who have invested in the equity of a Bulgarian trading partnership, whose shares are traded on a regulated market, a sum not less than 6,000,000 BGN.
9. Persons born in the territory of the Republic of Bulgaria who have lost their Bulgarian citizenship (due to emigrant agreements or of their own accord) and wish to settle permanently in the territory of the country;
10. Members of the family of a Bulgarian citizen, in case they have resided uninterruptedly in the territory of the country in the last five years.
The competent body of the Ministry of Interior takes a decision on the application for awarding the respective statute within up to 3 months from the date of the submission.
Undoubtedly, the question of obtaining a residence permit is one of the most complicated ones. The laws are constantly changing, and the grounds which were valid a month ago may not be current today. That is why for the specific matter we recommend that you turn to qualified lawyers, who are familiar with all acts and amendments of the acts and will help you find a solution valid in your case!
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