Where to apply for a visa D
According to the Visa Ordinance, an application for a long-term residence visa (visa D) must be submitted in the applicant’s country of permanent residence:
Applications for long-stay visas (visa D) may be submitted only at diplomatic and consular missions in the applicant’s country of permanent residence or at those missions accredited to the applicant’s country of permanent residence.
Art. 11, par. 4 of the Ordinance on the conditions and procedure for issuing visas and determining the visa regime (Visa Ordinance)
However, the Visa Ordinance provides for two exceptions to this rule. These are the exceptions set forth in Article 11, paragraphs 5 and 6 of the Ordinance.
You can read more about the exception under par. 6 (humanitarian reasons) in our article Prior authorisation to apply for a visa D from a third country.
In this article, we will analyse the exception under par. 5.
Applying for a visa D under Art. 11, par. 5 of the Visa Ordinance
Let’s see what the Ordinance stipulates in par. 5:
Applicants for a visa under par. 4 (visa D) who are lawfully residing in a third country other than their country of permanent residence may, in exceptional cases, submit their application in that third country after justifying the reasons for doing so and provided that their return to their country of permanent residence is guaranteed.
art. 11, par. 5 of the Visa Ordinance
In other words, foreign nationals may apply for a visa D from any country, provided the following two conditions are met:
- Justify the reasons that led to the application being submitted from that country, and;
- It must be certain (guaranteed) that they can return to their country of permanent residence.
What does that mean in practice?
Our interpretation of par. 5 leads to the conclusion that this specific provision of the Ordinance was drafted by someone who clearly lacked sufficient understanding of the subject of the ordinance. This is because both requirements are vague, undefined, and completely irrelevant.
Return to the country of permanent residence
We will start with the second requirement, namely that the applicant must prove that they can return to their country of permanent residence. This requirement is, to put it mildly, strange. Applications for a visa D are always submitted from a foreign country (not from Bulgaria).
If, for example, a UUS citizen wishes to apply for a visa D at the Bulgarian embassy in Turkey, why should the Bulgarian authorities be concerned at all about whether the foreign national can return to his country of residence? The foreign national is not in Bulgaria, and it is of absolutely no concern to the Bulgarian authorities whether he will remain in Turkey or can return to the United States. In either case, the foreign national is not in Bulgaria, and that is the only circumstance that could be of any significance to the Bulgarian authorities.
Furthermore, how can the Bulgarian embassy in Turkey (or in any other country) “guarantee” that a particular foreign national can return to their country of residence? This can in no way be either an obligation or a right of the Bulgarian embassy with regard to foreign citizens located in a third country!
Justification of the reasons
Regarding the first requirement, we can say that it lacks any legal logic whatsoever. There isn’t even a shred of common sense in this text. What does it mean for applicants to justify their reasons for applying from a specific country?
This provision of the Visa Ordinance does not impose an obligation to provide specific justifications for the application, as is the case, for example, in par. 6, which requires the existence of “humanitarian and urgent cases“. Since the Regulation does not require specific circumstances under which an application from a third country is permitted, what exactly must the foreign national justify? For example, that it is easier for them to apply from that specific third country? Since there are no conditions whatsoever for applying from a third country, then any justification would be acceptable!
Last but not least, to whom must a visa D applicant justify their application? To the Bulgarian embassy? And in what form must they do so? All of this is not only unclear, but also completely meaningless.
So where can you apply for visa D
By Bulgarian law, we believe that you can apply at any Bulgarian embassy or consulate, anywhere in the world, unless you are illegal in this particular country.
The reality, however, is that unless you proactively coordinate with the Bulgarian administration before submitting your application, they will only accept your documents in the country of which you are a citizen. Confusing? Legally contradictory? Absolutely yes.
If you need assistance, contact us – otherwise you may find yourself hitting a bureaucratic brick wall.