Bulgaria, as a member of the European Union (EU), provides unique opportunities and conditions of residence for EU citizens, as well as those from countries, parties to the Agreement on the European Economic Area and the Swiss Confederation. This process is regulated according to The Law on the Entry, Residence and Departure of the Republic of Bulgaria for Citizens of the European Union and their Family Members, which establishes the rules for entering, staying and leaving the country.
It is important to note that citizens of the EUcan enter and leave Bulgaria, presenting only valid ID card or passport. They do not need an entry visa, which facilitates the travel process and underlines Bulgaria's integration into the EU community and the implementation of The Common Visa Policyof the Union.
Since January 25, 2012, the country has introduced a unilateral visa-free regime for holders of valid Schengen visas, demonstrating its commitment to European principles and striving for full membership in the Schengen area.
For short-term residence (up to three months)In the Republic of Bulgaria, EU citizens and their family members are required to hold only a valid ID card or passport. This makes the process extremely easy and accessible, allowing people to travel, work or study with minimal bureaucratic hurdles.
For long-term residence (up to five years) or permanent residence, however, it is required to submit an application for the issuance of a residence certificate to the Migration Directorate of the Ministry of Internal Affairs. This process must take place within three months of the date of entry into the country, thus ensuring the regulation of long-term residence in accordance with national legislation.
These measures underline Bulgaria's aspiration to create a favourable environment for EU citizens by facilitating mobility and residence in the country. This promotes cultural exchange and strengthens European integration, which is of particular importance for the development and prosperity of the Republic of Bulgaria within the European Union.
Within the meaning of Bulgarian law, “citizen of the EU”is defined as a person who holds the nationality of a Member State of the European Union. This definition is established in the law, which regulates the conditions and procedures under which EU citizens (who are not Bulgarian citizens), their families, as well as citizens of countries of the European Economic Area and Switzerland, can enter, reside and leave the Republic of Bulgaria. This law also applies to persons from the listed categories who are not citizens of the EU, EEA and Switzerland, but who have the right to free movement under international agreements with the EU.
According to the legislation, EU citizens and their family members who are not citizens of the Union have all the rights and obligations provided for by Bulgarian laws and international treaties to which Bulgaria is a party, with the exception of those for which Bulgarian citizenship is required. They enter and leave the territory of Bulgaria with a valid ID card or passport, and family members who are not EU citizens can enter with a valid passport and, when required, a visa without processing and issuing fees. It is important to note that a visa is not required for family members accompanying or joining an EU citizen if they hold a residence card of a family member of a Union citizen issued by an EU Member State.
The conditions for obtaining long-term residence (LSD) for EU citizens in Bulgaria are described in detail in the Bulgarian legislation. They are designed to facilitate the integration process and provide legal certainty for citizens of the European Union wishing to reside in the country for a period of up to five years or permanently. It is important to note that these conditions are in line with the general principles of free movement of persons guaranteed by the European Union.
Employment or self-employment in Bulgaria: EU citizens who work or are self-employed in Bulgaria have the right to long-term residence. This reflects the principle that economic activity contributes to social and economic integration in the country.
Financial independence and health insurance: Individuals must have sufficient financial means for themselves and their family members so that they do not become a burden on the country's social assistance system. In addition, they must have health insurance covering all risks in Bulgaria.
Training in an educational institution: EU citizens enrolled in a training or vocational training institution in Bulgaria are also eligible for long-term residence, provided they meet the requirements for financial independence and health insurance.
Gathering a family: Third-country nationals or other EU citizens who are married or live in de facto cohabitation with a citizen of the European Union are entitled to obtain a long-term residence permit in Bulgaria, provided they prove their status as a family member.
EU citizens must submit an application for long-term residence to the Migration Directorate or the regional directorates of the Ministry of Interior within three months from the date of entry into the Republic of Bulgaria. The application must be accompanied by a valid identity card or passport, proof of fulfillment of the conditions of long-term residence(for example, an employment contract, proof of financial means, confirmation of enrollment in an educational institution) and a document on paid state fee.
According toThe Law on the Entry, Residence and Departure of the Republic of Bulgaria for Citizens of the European Union and their Family Members. The certificate of long-term residenceis issued on the day of submission of the application, provided that all documents are available and meet the requirements. In case of incompleteness in the documents of the person, it is determined seven-day periodfor their removal.
If, within 7 days, the applicant for long-term residence does not correct the admitted incompleteness, the bodies of the Directorate “Migration” - the Ministry of Interior, the SDVR or the regional directorates of the Ministry of Interior give reasons for refusing to issue a certificate of long-term residence. The refusal is subject to challenge under the procedure of the Code of Administrative Procedure
Important! In the presence of data from which it can be reasonably concluded that the residence regime in the Republic of Bulgaria has been violated, the bodies of the Directorate “Migration” - the Ministry of Interior, the Ministry of Internal Affairs or the regional directorates of the Ministry of Interior can carry out a subsequent verification of the circumstances regarding the existence of grounds for issuing a residence permit! This means, in practice, that if law enforcement agencies have data thatthe applicant submitted false information, entered into a fictitious marriage, declared false data, etc.., can carry out an ex-post check andto issue a refusal!
Before issuing a certificate or long-term residence card to a family member of a Union citizen, the authorities of the Migration Directorate - the Ministry of Interior may request the competent authorities of the person's country of origin or, if necessary, the competent authorities of another country to carry out a check whether he or she representsa threat to national security or public order. At the request of the competent authorities of another Member State of the European Union, a State party to the Agreement on the European Economic Area, and the Swiss Confederation, the authorities of the Migration Directorate - the Ministry of Interior, independently or in cooperation with other competent national authorities, carry out a check whether the person referred to in the request poses a threat to national security or public order provide the information in thetwo-month term.
IMPORTANT! Military personnel and members of the civilian component of a North Atlantic Treaty Organization (NATO) structure located in the Republic of Bulgaria, as well as their dependents, reside in the Republic of Bulgaria without ANY NEED to have a residence permit in Bulgaria, while still holding their status as servicemembers/family members of servicemen!
These measures underline Bulgaria's commitment to the European Union's principles of freedom of movement and provide a clear and transparent framework for EU citizens wishing to reside in the country for a long time.
In addition to the basic conditions for long-term residence of citizens of the European Union in Bulgaria, the legislation also provides for several specific aspects that deserve attention. These features provide additional flexibility and support for those wishing to settle in Bulgaria and underline the country's commitment to protecting the rights and freedoms of EU citizens.
It is especially important to note that Persons who are no longer economically activedue to temporary incapacity for work or because they are registered as unemployed, they may also retain their right of long-term residence. This includes individuals who have engaged in vocational training after losing their jobs, thus underlining the importance of social and professional integration.
The legislation emphasizes that the application for long-term residence must be submitted in personby the EU citizen, and may exceptionally be filed by an authorised person, upon presentation of a notarised power of attorney. This ensures a direct link between applicants and administrative authorities, as well as the proper consideration of each application.
Also, family members of EU citizenswho are not citizens of the Union may be granted the right of long-term residence. This reflects the EU's commitment to family compatibility and support, while ensuring protection and stability for families moving between Member States.
It is also important that the legislation provides for the conditions under which individuals can retain their long-term residence statusin the event of certain changes in personal or professional circumstances, including the loss of a job or a change in marital status. This ensures that EU citizens can count on a stable legal status despite the potential challenges they may face.
In the event of the death of a citizen of the European Union, the right of long-term residence of his family members who are not citizens of the European Union, is not affected if they resided in the Republic of Bulgaria for at least one year before his deathas members of the family.
Upon the departure of a citizen of the European Union or upon the death of a citizen of the European Union, the right of long-term residence of his children or of the other parent exercising parental rights shall not be affected, provided that the children reside in the Republic of Bulgaria and are enrolled in a school under the system of pre-school and school education or in a higher education institution until the completion of their studies the case or when they present evidence of subsequent stages of their training.
In addition, a family member of a citizen of the European Union who is not a citizen of the European Union shall retain his right of long-term residence upon termination of the marriage or de facto cohabitation if he meets the conditions for economic activity and in respect of whom one of the following circumstances exists:
In the above three cases, the family members of the EU citizen must prove that they are workers in Bulgaria (i.e. meet the condition of economic activity) or are self-employed or that they have sufficient means for themselves and their family members so that they do not become a burden on the social assistance system during their stay, and that have full health insurance or that they are members of a family already established in the Republic of Bulgaria of a person meeting these requirements, the assessment being made for each person individually - each case is individual.
For these reasons, we at Elan Consulting strongly advise you to contact our migration law specialist before deciding to form documents for long stay or if any of the situations described above occur to you!
Legislation governs time limits and procedural requirementsto process applications for long-term residence, thus ensuring clarity and predictability for applicants. Also, it provides for the possibility of appealing against refusals to issue certificates of long-term residence, which is important for the protection of the rights of individuals.
In order to obtain the right of permanent residence in the Republic of Bulgaria, citizens of the European Union and their families must meet certain conditions, as provided for in the Bulgarian legislation. These conditions are designed to ensure that persons who wish to settle permanently in Bulgaria have a sound and lawful basis for doing so. In the following paragraphs, we will consider in detail the conditions and procedures for obtaining the right of permanent residence.
The main condition for acquiring the right of permanent residence is continuous legal residence in the Republic of Bulgaria for five years. This means that an EU citizen or a member of his family who is also an EU citizen must have proof of continuous and legal residence in the country for that period. Residence is considered continuous, even in the case of temporary absences not exceeding six months within a year, as well as in the case of absences for compulsory military service or absences for good reasons for a period of not more than twelve consecutive months.
The legislation also provides for several special cases, which also give the right to permanent residence, even if the five-year period is not fully met. This includes persons who have worked in Bulgaria and have reached retirement age or have grounds for earlier retirement and have resided in the country for more than three years. Also, the right of permanent residence can be obtained by persons with permanently reduced working capacity after more than two years of residence, as well as those whose incapacity for work is the result of an accident at work or occupational disease. In addition, persons who have worked and resided continuously in Bulgaria for three years but subsequently work in another Member State are also entitled to permanent residence if they retain their place of residence in Bulgaria and return to it at least once a week.
The procedure for applying for the right of permanent residence begins with the submission of an applicationto the Migration Directorate of the Ministry of Interior, the Ministry of Internal Affairs or the regional directorates of the Ministry of Interior. The application must be submitted within three months before the expiration of the permitted period for long-term residence. The application is accompanied by the necessary documents proving the fulfillment of the conditions for permanent residence. The certificate of permanent residence is issued on the day of submission of the application, indicating the full names of the person and the date of registration. In case of refusal, the decision may be challenged in accordance with the Administrative Procedure Code.
The right of entry and residence of EU citizens and their families in Bulgaria may be restricted on grounds of national security, public order or public health. These measures are an exception and are applied carefully, taking into account the specific circumstances surrounding the person. The aim is to ensure the safety of the state and its citizens without violating the right to free movement, which is a fundamental principle of the European Union.
Among the measures that may be imposed are revocation of the right of residence, expulsion and prohibition of entry into the country. These actions are based exclusively on the personal behavior of the individual and the extent to which he poses a threat on the grounds listed above. When imposing them, various factors such as length of stay in the country, health status, economic situation and degree of integration are taken into account.
It is important to emphasize that his economic considerations, recourse to the social assistance system or the search for work cannot serve as grounds for imposing coercive measures.This ensures that EU citizens do not face unjustified restrictions on their rights due to their economic situation or the need for social support.
Specific grounds for withdrawal of the right of residence: The right of residence may be revoked in case of cancellation of the grounds for residence, provision of false data upon receipt of the right, prolonged absence from the country (more than two years) or in the presence of diseases with epidemic potential. This reflects the legislator's desire to keep information about residents up to date and to protect public health.
Expulsion shall apply in the event of a serious threat to national security or public order and shall include the withdrawal of the right of residence and the prohibition of entry. Before implementing such a measure, the authorities shall check whether the grounds for it still exist if the expulsion order has not been executed within two years.
An entry ban may be imposed in the event of a proven serious threat to national security or public order. However, persons subjected to such measures have the right to challenge the decision in court, thereby ensuring the protection of their rights and legitimate interests.
Restrictions on the right of residence of EU citizens in Bulgaria are provided for the protection of national security, public order and health. Although these measures constitute an exception to the principle of free movement, they are important for ensuring the security and well-being of all citizens. The legislation also provides for procedural safeguards to protect the rights of the persons concerned, including the possibility of challenging the measures imposed before a competent court.
This table contains a detailed description of the services and the corresponding state fees that are collected by the Ministry of Interior in Bulgaria for EU citizens and their families. The table also includes the conditions for exemption from fees for certain categories of persons, which provides comprehensive information for consumers.
The fee amounts expressed in this table are valid and relevant according to Tariff No. 4 for the fees that are collected in the system of the Ministry of Internal Affairs under the Law on State Fees, by the date of the last and amendment prior to the preparation of this material, namely:January 18, 2022 With subsequent updates, it is possible that some of these fees have been increased!
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To be eligible for long-term residence in Bulgaria, you must be an EU citizen and meet one of the following conditions: be a worker or self-employed person in Bulgaria; have sufficient financial resources and health insurance for yourself and your family; or be enrolled in a training institution. It is necessary to submit an application for the issuance of a certificate of long-term residence to the competent authorities.
An EU citizen can obtain a permanent residence certificate if he has resided legally and continuously in Bulgaria for a period of five years. There are specific conditions that facilitate obtaining permanent residence, such as working until retirement age, permanently reduced working capacity and others.
Restrictions on the right of residence may be imposed exceptionally and only on grounds relating to national security, public policy or public health. Examples of administrative measures include revocation of the right of residence, expulsion and prohibition of entry into the country. Each case is considered individually, taking into account the personal behavior and circumstances of the person.
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