How can the children and the spouse of a foreigner with Bulgarian Golden Visa* obtain permanent residence permit (PR)
* Golden Visa is a permanent residence permit that is obtained on basis of investment (art. 25, par. 6, 7, 8 of the Foreigners Law)
The Bulgarian Golden Visa is one of the only few EU programs allowing foreigners to obtain permanent residence (PR) by investment. Today we will explain how the spouse and children of the PR by investment holder can obtain residence permit. This is very important, as the Bulgarian embassies often do not know the procedures well. As result they are trying to convince the foreigners that they need to go through the “standard family reunification” procedure. Luckily, the “family reunification” procedure for the family of the investment PR holder are quite different. And logically, much more favorable.
Problems with the Bulgarian embassies and consulates when applying for visa D
We have written many articles about the difficulties that foreigners face with the Bulgarian embassies and consulates abroad. The most serious problem is when the embassy is taking justice in own hands. It is then simply rejecting to accept visa applications. In such cases, the embassy is making a decision on the outcome of the application on the spot. Even though such a decision should be taken by another administrative body (ie for Visa D).
The Bulgarian Court as last resort
So what can the foreigner do then? He can’t even prove that he has tried to submit his application. Of course there are ways to solve such situation, but unfortunately these usually require legal proceedings. Not that our lawyers complaint about it, but shouldn’t it be easier for everybody if we could avoid that.
Read also: Bulgarian embassies abroad – competent or not?
Family members of foreigners with permanent residence by investment permit in Bulgaria
Today we will analyze one real life situation that occurs very often, namely:
A foreigner is living in Bulgaria with a permanent residence permit (PR). The PR has been obtained through an investment (art. 25, par. 6, 7, 8 of the Foreigners Law). How can his wife and minor children join him in Bulgaria? Can they obtain PR? Why are the Bulgarian embassies trying so hard to convince them that they have to obtain "family unification" first, before they can apply for visa D?
Buckle your seatbelts and let’s find out what the Bulgarian law says. Not without some controversy, but we believe the Foreigners Law is quite clear.
The minor children of a foreign permanent resident in Bulgaria – right for permanent residence permit
Children -> PERMANENT RESIDENCE PERMIT (no strings attached)
The Foreigners Law stipulates that the children of a permanent resident in Bulgaria can also obtain permanent residence permit:
A permanent residence permit may be granted to the minor children (who are not married) of a Bulgarian citizen or of a foreign permanent resident.
Art. 25, par. 1, p. 3 of the Foreigners Law
Plain and simple – minor unmarried children of a permanent resident can also obtain permanent residence permit in Bulgaria. No strings attached. This norm is even applicable if the foreigner holds PR on another legal ground, not necessarily by investment.
The spouse of permanent resident in Bulgaria – right for permanent residence permit
Spouse ->PERMANENT RESIDENCE PERMIT (conditions apply)
A permanent residence permit may be obtained by foreigners five years after the conclusion of a civil marriage with a foreigner who is a permanent resident of the country and has resided legally and continuously for a period of 5 years in the territory of the country. In the case of marriage with a foreigner who has been granted permanent residence under items 6, 7 or 8, the residency requirements do not apply.
Art. 25, par. 1, p. 2 of the Foreigners Law
The conditions for the spouse to obtain PR – explained
As we can see, there are some conditions attached to the right of the spouse to obtain PR. There are basically two conditions, namely:
- The PR can be obtained by the spouse, five years after the conclusion of a civil marriage with the Bulgarian permanent resident, and;
- The spouse of the PR holder should have resided legally and continuously for a period of 5 years in Bulgaria.
We have strikedthrough the second condition as it doesn’t apply to the spouse of the PR by investment holder:
In the case of marriage with a foreigner who has been granted permanent residence under items 6, 7 or 8, the residency requirements do not apply.
Art. 25, par. 1, p. 2 of the Foreigners Law (last part)
So we are left with only one condition. Namely that the spouse can obtain PR in five years after a marriage with Bulgarian PR holder. After careful grammatical analysis of the original Bulgarian text, it is not clear whether the Law requires the spouse to be married to current Bulgarian PR holder for more than 5 years or to have married Bulgarian PR holder more than 5 years ago. Confusing? Sure it is.
There is fundamental difference between the two interpretation of the legal norm. The first interpretation requires marriage with Bulgarian PR holder (at the moment) for more than 5 years. The marriage could have been concluded before the current PR holder has obtained his/her PR.
The second interpretation is more narrow. It requires the marriage to have been concluded more than 5 years ago, but also that one of the foreigners should have already obtained his/her Bulgarian PR at the time of the marriage.
In the absence of case law, we are absolutely confident that the first interpretation should be accepted. Namely the broader one.
Why it is not necessary the marriage to be concluded with an existing Bulgarian PR holder at the time of the marriage
The answer is quite simple and obvious. If we were to accept the narrow interpretation that the marriage must have been concluded while one of the spouses was already holding Bulgarian PR, then the whole meaning of the legal norm would be compromised. In such case, the spouse of the PR holder would never become eligible for Bulgarian PR. The only option for the foreigner would be to divorce and then to remarry the Bulgarian PR holder. Then, after another 5 years, he/she would become eligible for Bulgarian PR. This is of course ridiculous and contradicts the very foundations of law. We are positive that the Bulgarian court will agree with this, but for the Bulgarian embassies and consulates… we have some serious thoughts.
Why the Bulgarian embassies and consulates may be refusing to accept visa D applications for spouses (and even children) of Bulgarian PR holders
The embassies and consulates would prefer you to go for the standard family reunification and apply for long-term residence permit instead for permanent permit. This is of course very convenient for them as this procedure requires the PR holder to first obtain family reunification permission from the authorities in Bulgaria. During this procedure, the embassy or consulate will not be bothered at all. Only after successfully obtained permission, can the foreigner apply for visa D. If the permission is not obtained, it’s a game over. So it’s a win-win situation for the embassy. Less hassle, less problems, less work. The PR holder must first do the whole job in Bulgaria and only then, eventually, his/her spouse can apply for visa D at the embassy/consulate.
Why you should not go for the standard family reunification
If you are Bulgarian PR by investment holder and you want to obtain legal residence for your spouse, you have two options:
- Your spouse can apply for PR, if you are married for more than 5 years, or:
- your spouse can apply for long-term residence permit. This is if you are married for less than 5 years or if you prefer this option irrespectively of when you were married.
Which one you should choose? If your marriage is more recent than 5 years, you have no choice. You can only go for option 2. But if you have married more than five years ago, you should definitely go for option 1. Through option one your spouse will obtain the much more favorable PR, rather than long-term residence permit. On top of that, your spouse can apply for visa D immediately, without the need to first apply for permission for standard family reunification in Bulgaria.
Old law, new law?
NB. It is worth mentioning of another potential issue. The Foreigners Law reference to the investment residence obtained as per art. 25, par. 6, 7, 8 may be interpreted by some as for PR obtained under the 2021 revision of the law. We do believe though that it should be applicable also to the pre-2021 revision of the law. It is yet to be seen what the courts will decide in the future.
As always, the choice is yours. We are here to assist you with whatever your choice will be. Please contact us for any questions you may have.
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