One of the most frequently asked questions in our practice is about the amount of money one must demonstrate when applying for a visa D and a long-term residence permit. The question relates to non-EU citizens, who are married to Bulgarian nationals.
In this article, we will examine the legal requirements and explain how the law and subordinate legislation are applied. We will also highlight some contradictions and ambiguities in the legal framework.
For this purpose, we will examine the three applicable regulatory acts. These are the Bulgarian Foreigners Law and the Regulations for its Implementation. We will also analyse the Bulgarian Visa Ordinance, as it concerns the issuance of visa D. We will also explain some legal contradictions and the main challenges faced by Bulgarian citizens and their foreign spouses.
The Bulgarian Foreigners Law – required funds for visa D and long-term residence permit
According to art. 24, par. 1, p. 18 of the Bulgarian Foreigners Law:
A long-term residence permit may be granted to foreign nationals who hold a visa under Article 15 (visa D), par. 1 and are family members of a Bulgarian citizen, provided that the foreign documents certifying the family ties and the right to support have been recognised, registered, or admitted for enforcement in accordance with Bulgarian law.
In art. 24, par. 2, the legislator also introduces the following requirement:
To obtain a long-term residence permit, individuals must have secured housing, mandatory health insurance and social security coverage, and sufficient means of support – without having to rely on the social assistance system – in an amount not less than the minimum monthly wage, the minimum scholarship, or the minimum pension, as provided by the laws of the Republic of Bulgaria, for the duration of their stay…
And according to art. 15 of the Foreigners Law:
A long-term residence visa (visa D), valid for up to 6 months and granting the right to reside for up to 180 days, may be issued to a foreign national who wishes to obtain a permit for long-term, extended term or permanent residence in the Republic of Bulgaria on one of the grounds specified in this law.
Conclusion from the provisions of the Foreigners Law
Visa D
No proof of income or available funds is required for a spouse of Bulgarian citizen to obtain a visa D.
At the same time, if a foreign national wishes to and is eligible to obtain a long-term residence permit as spouse of Bulgarian citizens, he may then be granted a visa D (art. 15, par. 1 of the Foreigners Law). But this foreigner also must “have sufficient means of support…” (art. 24, par. 2 of the Foreigners Law). Does this mean then that he should prove the existence of these means when applying for a visa D?
In other words, is the fact that the foreigner is a spouse of a Bulgarian citizens sufficient grounds for obtaining a visa D? Or is the requirement that they have the necessary means also a ground for granting the visa (in the Bulgarian judicial system, the terms “requirement” and a “ground” are not always applied consistently)? And if that is the case, then should the foreigner need to prove the existence of such means when applying for a visa D as well…
Long-term residence permit
To obtain a long-term residence permit, the Foreigners Law requires the applicant to have funds amounting to no less than the minimum monthly wage, the minimum scholarship, or the minimum pension in Bulgaria for the duration of the stay.
The Foreigners Law does not clarify whether the funds should be comparable to the minimum wage, a pension, or a scholarship. If the spouse of a Bulgarian citizen is a pensioner or a student, which amount will be taken into account – the minimum wage, a pension, or a scholarship?
Regulations to the Foreigners Law – required funds for long-term residence permit
The Regulations on the Implementation of the Foreigners Law do not pertain to the issuance of a visa D. The Regulations specify the conditions for issuing a long-term residence permit to spouses of Bulgarian citizens. Pursuant to art. 14, par. 1 and art. 29, par. 1, in order to obtain a long-term residence permit, spouses of Bulgarian citizens must submit a number of documents, including:
Evidence of stable, regular, predictable, and sufficient means of support – without relying on the social assistance system – in an amount no less than the minimum monthly wage, the minimum scholarship, or the minimum pension for the country, for the duration of the stay in the territory of the Republic of Bulgaria.
Conclusion from the Regulations to the Foreigners Law
According to the provisions of the Regulations to the Foreigners Law, in order to obtain a long-term residence permit, foreign nationals who are spouses of Bulgarian citizens must certainly prove that they have sufficient funds (or income?).
It is noteworthy, however, that the text almost verbatim copies the text of art 24, par. 2, of the Foreigners Law, but the Regulations also add an additional condition that the funds must be “stable, regular, and predictable”.
First, it should be noted that the Regulations are a subordinate regulatory act to the Bulgarian Foreigners Law. As such, the Regulations cannot contradict the Law or impose new conditions. In our view, it is debatable whether the requirement that the funds be “stable, regular, and predictable” constitutes an additional condition that is absent from the main Law (the Foreigners Law) and, as such, contradicts it and should not be applied.
Furthermore, it is not clear to us how any funds could be classified as “stable, regular, and predictable.” The very concept of “funds” is static in nature, and as such, we do not see how funds could be, for example, regular. “Income” can be regular, stable, or predictable, but “funds” cannot. For example, can a bank deposit (funds) be regular?
The Ordinance on the conditions and procedures for issuing visas and establishing the visa regime (Visa Ordinance)
The Visa Ordinance only sets forth the conditions for issuing a visa D. It does not pertain to the issuance of a long-term residence permit.
According to art. 19, p. 2 of the Visa Regulations, an applicant for a visa D (long-term residence visa) must submit a number of documents, including:
Documents and copies thereof supporting the application for a long-term residence visa in accordance with the Foreigners Law and its implementing Regulations, as well as evidence of sufficient financial means to cover living expenses and accommodation.
However, art. 20, par. 1, p. 1 provides for an exception that is relevant to the above article, namely:
The following are exempt from the requirement to provide proof of sufficient means of support, accommodation, and transportation:
- members of the families or households of citizens of Member States of the European Union, the European Economic Area, and the Swiss Confederation;
Conclusion from the Visa Ordinance
It can be inferred from the provisions of the Visa Ordinance that spouses of Bulgarian citizens, as family members of EU citizens, are exempt from the requirement to provide proof of financial means, accommodation, and transportation when applying for a D visa.
However, it is interesting to analyse the wording in the Regulation, specifically: financial means to cover living expenses and accommodation. Although, as we noted above, this requirement does not apply to spouses of Bulgarian citizens, the difference in the wording of the Foreigners Law, the Regulations, and the Visa Regulation is noteworthy:
- Foreigners Law – Sufficient means of support – without having to rely on the social assistance system – in an amount not less than the minimum monthly wage, the minimum scholarship, or the minimum pension;
- The Regulations to the Law – Evidence of stable, regular, predictable, and sufficient means of support – without relying on the social assistance system – in an amount no less than the minimum monthly wage, the minimum scholarship, or the minimum pension for the country;
- The Visa Ordinance – Sufficient financial means to cover living expenses and accommodation.
In practice these three provisions create legal uncertainty because they describe three different standards for proving financial resources. In our opinion, the Foreigners Law should prevail over the subordinate legislation where inconsistencies exist.
If you have any questions (and you should have some if you’ve read the article carefully), please feel free to contact us.