On 26 February, amendments to the Bulgarian Citizenship Act were adopted. It has become easier to obtain citizenship by descent, and the requirements for investors and for those obtaining citizenship for special merits have changed. The changes also affected the time limits for reviewing documents.
A new paragraph has been added, under which the spouse of a foreigner holding a permanent residence permit in Bulgaria on the basis of investment and citizenship by naturalisation, who obtained the permanent residence permit at least 3 years before filing the application, may apply for Bulgarian citizenship. To do so, the applicant must meet the requirements of Art. 12, para. 1, items 1, 3 and 4 of the act (be of age, have committed no crimes and have an income).
The requirements have changed for those who obtained a permanent residence permit through investment and now wish to obtain citizenship. In this case, the investment must be doubled, or an investment must be made in the country by contributing at least one million leva to the capital of a Bulgarian company, as well as creating at least 20 new jobs for citizens of the country.
A new option has appeared for obtaining citizenship by naturalisation (Art. 14, para. 1, item 3) for those who, at least a year earlier, obtained a permanent residence permit on the basis of Art. 25, para. 1, item 16 of the ЗЧРБ, increased their investment to at least 1 million leva and created at least 20 jobs for Bulgarian citizens.
The article on the revocation of the naturalisation on the basis of which citizenship was granted has changed. In particular, a new item has been added concerning failure to notify of changes in facts and circumstances relating to the acquisition of citizenship, release from it or its restoration, as well as changes in facts and circumstances relating to the investment. At the same time, an item has been added allowing investors to maintain their investment for one year (instead of two, as before) in certain cases (Art. 12a, para. 1 and Art. 14a, para. 1, item 3).
To obtain citizenship by naturalisation, ethnic Bulgarians must attach to their application official documents issued by Bulgarian or foreign authorities certifying that the applicant has a family connection in the ascending line (up to the third degree inclusive) with at least one person of Bulgarian origin. The document must state the name of the relative and the type of kinship.
The changes also affected the procedure. Thus, the Minister of Justice may now require the citizenship applicant to submit additional documents within 14 days. Provision is also made for the applicant’s Bulgarian origin to be established by the Advisory Council of the ДАБЧ. If the supporting documents are not submitted in the first place, the proceedings are terminated. The Advisory Council issues a reasoned decision within two months. In doing so, it takes into account whether the applicant knows the Bulgarian language and whether they identify themselves as a person of Bulgarian origin. It is also taken into account whether the applicant is a member of a Bulgarian minority in another country, or comes from a place that was formerly part of the Bulgarian state or of the Bulgarian Exarchate, or has descendants with a traditional Bulgarian system of first names and surnames.
The ДАБЧ will now maintain an electronic register with the data of persons whose Bulgarian origin has been established by the Advisory Council.
When obtaining citizenship for special merits, the proposal of the relevant minister must from now on state the specific benefit to Bulgaria from the applicant’s naturalisation or their specific contribution in the field in which the merits lie.
Procedure
The composition of the Citizenship Council has changed. If it becomes necessary to clarify facts and circumstances relating to the evidence submitted or to a suspicion that the applicant poses a threat to Bulgarian society or to national security, additional checks are ordered.
The time limits for issuing the citizenship decree have changed. For naturalisation, the period has been reduced from a year and a half to one year, and for persons of Bulgarian origin to 9 months. The periods within which rulings from other organisations are received by the Ministry of Justice have also been shortened.
A new item has also been added concerning citizens of the United Kingdom who applied for citizenship before the United Kingdom’s withdrawal from the EU.
A new ground for obtaining a long-term residence permit has appeared in the act — “Start-up”. Under the new Art. 24p, a residence permit requires a certificate of a high-technology and/or innovative project issued by the Ministry of Economy. The foreigner must hold at least half of the capital of the company whose scope of activity is stated when the certificate is issued. The conditions and procedure for issuing certificates will be determined by a decree of the Ministry of Economy.
The changes also affected the obtaining of a permanent residence permit for investors (Art. 25, para. 1, items 6 and 7).
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