The absurd requirement for a Bulgarian bank account for foreign pensioners will be challenged in court
More than a year ago, we wrote about the problem facing many foreign pensioners who wish to settle in Bulgaria. In short, the Bulgarian Foreigners Law clearly specifies the condition that a foreign pensioner must meet in order to obtain a long-term residence permit:
Long-term residence permits may be granted to foreigners who hold a visa under Article 15(1), are entitled to a pension under the legislation of the Republic of Bulgaria, their country of origin or another country, and have sufficient means of subsistence in the country;
Art. 24. par. 1, p. 10
In other words, the financial requirement is that the foreigners must have sufficient funds to support themselves in the country (Bulgaria). So far, so good.
The problem with the Regulations of the Foreigners Law
However, in the secondary legislation, namely the Regulations of the Foreigners Law, the legal experts at the Council of Ministers have most likely misinterpreted the statutory provision. They may have understood that the funds available to the pensioner do not simply need to be sufficient to cover their living expenses in Bulgaria, but that the funds themselves must physically be located in Bulgaria.
And so they introduced the absurd requirement set out in Article 23 of the Regulations. Specifically, to obtain a residence permit as a pensioner, a foreigner must submit:
a document issued by a bank operating in the territory of the Republic of Bulgaria, certifying that the applicant holds an account into which the relevant pension payments will be received.
Art. 23, p. 2 of the Regulations
In other words, the secondary legislation expects foreign pensioners to transfer their pensions to a Bulgarian bank – something that is neither provided for nor required by law.
What’s more, the Regulations require a document from a Bulgarian bank confirming that the foreign pension will be paid into a Bulgarian bank account. But how can a Bulgarian bank certify such a future event when it is in no way within its control? Or perhaps the authors of this provision meant that the pension should be transferred into that account? But in that case, what does the bank’s document actually have to do with it?
The Bulgarian court will have to rule on this matter
Fortunately, under Bulgarian law, secondary legislation cannot contradict the law. And in our view, the above-mentioned provision of the Regulations unquestionably contradicts the Bulgarian Foreigners Law.
That is why we have decided to bring the matter before the Bulgarian court, on behalf of all foreign pensioners who wish to obtain residence permits in Bulgaria. Our aim is to have Article 23, p. 2 of the Regulations declared null and void or repealed.
We will keep you informed about the progress of the court proceedings on our websites…