Nowadays, the process of globalization and increasingly frequent intercultural marriages raise the question of regulations around residence and acquisition of citizenship in the Republic of Bulgaria. The article we are preparing is aimed at foreigners who have married Bulgarian citizens or are about to get married, and discusses in detail how they can take advantage of this connection to legalize their residence in Bulgaria, as well as to acquire Bulgarian citizenship. The subject of analysis are key issues such as the conditions for acquiring Bulgarian citizenship through marriage, the procedures for issuing an identity card to a foreigner who is married/married to a Bulgarian/Bulgarian, the necessary documents for marriage with a foreigner in Bulgaria, the possibilities of replacing an identity card of a foreigner, as well as details about dual citizenship and residence of a foreigner citizens in the country.
In addition, the article delves into the clarification of the procedure for obtaining long-term residence on the basis of a marriage underArt. 24,Art. 33o.and Art. 33r of the Law on Foreigners in the Republic of Bulgaria, the procedure and fees for issuing an identity card to foreigners, presenting all current and important aspects that affect both individual and family plans of people. It is important to emphasize that the process of acquiring citizenship and the regulations surrounding the residence of foreigners are not static and change over time, which necessitates the need for up-to-date and accurate information.
Elan Consulting is your reliable partner in this process. We offer expert assistance and support in navigating the complex web of laws and procedures. Our migration law specialists, together with leading lawyers in the field of international and migration law in Bulgaria, are focused on protecting the interests of foreigners, offering professional advice and practical advice. We understand the unique challenges our clients face and are dedicated to providing individualized solutions to meet their specific needs and circumstances. Our goal is not only to facilitate the process of acquiring citizenship and residency, but also to ensure that our clients have all the necessary knowledge and resources to make informed decisions about their future in Bulgaria.
Marriage, in the sense of Bulgarian and European legislation, is the main institution that regulates family relations and plays a key role in the field of migration and acquisition of citizenship. In Bulgaria, according to Art. 46 of the Constitution, marriage is defined as a voluntary union between a man and a woman, and only civil marriage is recognized as legal. This definition excludes the possibility of recognizing same-sex marriages in the country, thereby limiting the rights of same-sex partners with regard to migration legislation and the acquisition of citizenship through marriage.
In the context of the European Union, the situation is more diverse, with some Member States already recognising same-sex marriage and granting relevant rights and freedoms to their citizens, including the right of free movement and residence of their partners within the Union. Such a different legal framework in the EU reflects the diversity of cultural and social norms in different countries and raises debates on the need to harmonise legislation in the field of family law and human rights.
In this context, foreigners who seek to acquire Bulgarian citizenship or the right of residence in Bulgaria through marriage must meet the criteria specified in the national legislation, taking into account the specific requirements for the type of marriage recognized by the Bulgarian authorities. This situation highlights the importance of professional support and advice from specialized organizations and lawyers who understand the complexity of migration and family law, both in Bulgaria and internationally.
Elan Consulting offers comprehensive assistance and professional services for foreigners and their Bulgarian partners who need help in navigating the complex world of migration legislation and the processes of acquiring citizenship. Our experts in the field of migration and family law are committed to providing up-to-date information, strategic advice and practical guidance to ensure our clients successfully reach their goals related to residency and citizenship in Bulgaria.
According to the legislation of the Republic of Bulgaria, foreigners who have married Bulgarian citizens can apply for different types of residence permits in the country, which allows them to live together with their spouses and integrate into the Bulgarian society. This process is essential for the maintenance of the family unit and provides families with the opportunity to build a stable and secure life in Bulgaria.
The main first step for foreigners wishing to reside in Bulgaria on the basis of marriage with a Bulgarian citizen is obtaining a visa type “D”. This visa serves as a preliminary authorization to enter and stay in the country for a period of up to 6 months, while providing a basis for applying for a permit for long-term or permanent residence. According to the Law on Foreigners in the Republic of Bulgaria (Aliens in the Republic of Bulgaria), a long-term residence visa can be issued to a foreigner who meets certain criteria and presents the necessary documents certifying the reason for his stay in Bulgaria, including proof of marriage to a Bulgarian citizen.
It is important to note that, despite the correctness of the documents, the migration authorities may issue a refusal to issue a visa type “D”, which, however, is subject to appeal to the court.Most often, refusals to issue such a visa in connection with the procedure for obtaining a residence permit precisely by marriage are issued because the migration authorities consider the marriage to be fictitious (that is, that it was concluded in order to circumvent the law. If you have any concerns, contact us and we will provide you with full assistance!
This aspect of the procedure emphasizes the need for careful preparation of the application and all accompanying documents, as well as the potential importance of legal assistance in the appeal process.
Applications for an “D” visa must be submitted to the diplomatic or consular representation of the Republic of Bulgaria in the country in which the applicant resides on legal grounds. Where possible, the application shall be lodged at the diplomatic and consular posts of the applicant's permanent residence or at those offices which are accredited for the applicant's State of permanent residence.
A decision on an application for an “D” visa shall be taken within 15 calendar days from the date of submission of the application. In individual cases, this period may be extended to 45 calendar days, if additional consideration of the application is required. Exceptionally, when additional documents are required, the period may be extended to 60 days.
When applying for an “D” visa, applicants must submit the following documents:
When a Bulgarian citizen marries a foreigner, the latter can apply for long-term or permanent residence in Bulgaria. The process includes the following steps:
In this case, the foreigner who is the spouse of a person with permanent residence in Bulgaria may apply for a residence permit after obtaining the corresponding family reunification permit issued by the Head of the Migration Sector:
For family members of persons transferred under intra-corporate transfer, the process includes submission of an application for a long-term residence permit on the basis of Art. 24, para. 1, item 13 of the Law on Foreigners in the Republic of Bulgaria. This application shall be submitted in person to the Migration Directorate or the Migration Department/Sector of the relevant Ministry of Internal Affairs.
The procedure for family members of EU Blue Card holders includes the submission of an application for a long-term residence permit. The required documents and steps are similar to those mentioned above, with the addition of the specific requirement to prove that the spouse holds an EU Blue Card.
For each of these situations, the detailed requirements and procedures may vary depending on the specific circumstances and changes in legislation. It is advisable to consult with migration law specialists from Elan Consulting before taking action!
Foreigners who are married to Bulgarian citizens have the opportunity to apply for a visa type “D”. This visa allows the foreigner to enter and reside on the territory of Bulgaria for a period of up to 6 months. Although the law does not guarantee the automatic receipt of such a visa, when submitting neat documents, the chances of approval are high. In case of refusal, the decision can be appealed to the court.
After obtaining a visa type “D”, a foreigner married to a Bulgarian citizen can apply for a long stay, which allows staying in the country for up to 1 year. The application must be submitted within a certain legal deadline and be accompanied by all necessary documents. It is important to note that this possibility is regulated not only by national legislation, but also by EU law, which provides additional guarantees.
Foreigners who have obtained a residence permit by marriage have the right to work in Bulgaria without the need for additional permits. This right allows them to have access to the labour market and to be employed on an equal basis with Bulgarian citizens.
Foreigners, married to Bulgarian citizens, can benefit from the right of establishment in another Member State of the European Union. The host country must recognise their rights of residence, which facilitates mobility and relocation within the EU.
Family members of a Bulgarian citizen who are not EU citizens enjoy facilitated travel within the EU, including easy access to an entry visa for other Member States. In some cases, under specific circumstances, they can also travel without a visa, as long as they can prove their status as a family member of an EU citizen.
These rights and opportunities underline the importance of family ties and marriage with a Bulgarian citizen in the context of Bulgarian and European migration law. All these procedures and rights are designed to facilitate the integration and mobility of foreigners who are related to Bulgarian citizens through marriage.
Article 12 of the Bulgarian Citizenship Act defines the general conditions that a person who is not a Bulgarian citizen must fulfill in order to acquire Bulgarian citizenship by naturalization. These conditions include:
According to Art. 13 of the Bulgarian Citizenship Act, specifically for persons who have married a Bulgarian citizen, there are additional criteria:
These conditions ensure that applicants for Bulgarian citizenship have an established and lasting relationship with the state and Bulgarian society. Fluency in the Bulgarian language, financial stability and a clean judicial background are among the main requirements that underline the commitment of the candidates to integration and compliance with the laws of the country.
The procedure for obtaining Bulgarian citizenship on the basis of marriage begins with the submission of an application by the applicant personally to the Ministry of Justice or to a Bulgarian diplomatic or consular representation abroad. This personal submission is important because in the process of submitting the documents an interview is conducted in Bulgarian. The purpose of the interview is to check the proficiency of the Bulgarian language by the applicant, as well as to establish his integration and knowledge of Bulgarian culture and society.
Interviews are conducted by an employee of the Directorate “Bulgarian Citizenship” on the first working day after registration of the application in the Directorate “Administrative Services and Chancellery” every working day from 13:30 to 16:00. In case the application is submitted abroad, the interviews are conducted by an employee in the relevant Bulgarian diplomatic or consular representations.
In order to successfully pass the procedure for acquiring Bulgarian citizenship, the applicant must meet all the requirements established in the Bulgarian Citizenship Act, including evidence of proficiency in the Bulgarian language, existence of income or occupation that allows him to support him in Bulgaria, and not be convicted of crimes of a general nature in Bulgaria or in another country.
To obtain Bulgarian citizenship by marriage, applicants must meet a number of requirements, including fluency in the Bulgarian language and payment of a state fee. In addition, the procedure involves the submission of documents that must be legalized and certified. It is important to note that the deadline for consideration of the application depends on many factors and may vary, although under the Bulgarian Citizenship Act, the Minister of Justice has an obligation to make a proposal for the issuance of a decree within twelve months for applications for naturalization.
Applicants can prove proficiency in Bulgarian in two ways:
Per considerare l'applicazione per naturalizzazione, il pagamento di un fezo statale di BGN 100 è necessario, che deve essere trasferito a un conto bancario della Ministerio de Justicia.
Documents submitted in a foreign language must be accompanied by a translation made by a sworn translator and legalized. Copies of documents must be notarized, except for the identity document.
After submitting the application, the examination procedure involves an interview and can take between a year and a year and a half, although according to the law, the minister of justice must make a proposal within twelve months. However, in practice, the real term is often much longer.
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In order to obtain a residence permit in Bulgaria on the basis of marriage with a Bulgarian citizen, you must first apply for a visa type “D”, after which you can apply for a long stay. It is necessary to attach all the required documents, including proof of a legally concluded marriage.
After obtaining a residence permit, you have the right to live, work in Bulgaria and travel freely within the European Union. You also have the option to join your spouse in another EU Member State.
In order to acquire Bulgarian citizenship, you must be legally married to a Bulgarian citizen for at least 3 years and meet the requirements for proficiency in the Bulgarian language, as well as the other conditions under Articles 12 and 13 of the Bulgarian Citizenship Act. A.
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