From permanent residence permit to EU long-term resident status, to preserve your status

The key element of the reform is the difference in the legal nature of national permanent residence (permanent residence permit) and EU-wide long-term residence (EU long-term resident status).

The legislator sets stricter presence rules for the permanent residence permit, but at the same time leaves a legal instrument that makes it possible not to lose lawful access to Bulgaria and the EU — the procedural transition from a permanent residence permit to EU long-term resident status.

The difference in the legal basis: national law vs EU directives

The main reason why the rules for the permanent residence permit and EU long-term resident status differ so fundamentally lies in their legal source:

• The permanent residence permit (Постоянно пребиваване) is governed exclusively by Bulgaria’s national legislation. Since this is a local status, the state is entitled to set and tighten any internal rules and physical presence requirements on its own.
• EU long-term resident status (Дългосрочно пребиваване в ЕС) is governed by Council Directive 2003/109/EC. By law, European law takes precedence over the national legislation of the member states.

Bulgaria is obliged to comply fully with the requirements of the European directive. The state has no right to tighten the rules for EU long-term resident status on its own and to require mandatory presence in the country for more than half of the period (183 days a year), as this would directly breach European Union law.

What is the difference in the presence rules?

• Strict requirement for the permanent residence permit: The bill establishes a rule under which the holder of a permanent residence permit is obliged to live directly on the territory of Bulgaria for more than half of the period (more than 6 months and one day during a calendar year). If this requirement is not met, the status is subject to revocation.
• Flexible regime of EU long-term resident status: Under the EU Directive, to retain EU long-term resident status there is no condition to live in Bulgaria for more than half of the year. The only strict limits set by the European Union are:

1. Not to be absent from the territory of all EU countries for more than 12 consecutive months in a row.
2. Not to be absent from Bulgaria itself for more than 6 consecutive years.

The transition from a permanent residence permit to EU long-term resident status as a safety mechanism

For foreigners whose business, work or family circumstances require them to be outside Bulgaria for more than 183 days a year, keeping a permanent residence permit becomes a direct area of risk.

Instead of waiting for the permanent residence permit to be revoked automatically or filing an application to renounce the status, a foreigner has the lawful option of submitting documents to change the status from a permanent residence permit to EU long-term resident status.

With such a transition you do not lose your migration history or your right to stay in the country indefinitely. You simply exchange a national status that is demanding in terms of physical presence for EU long-term resident status, protected by a European directive, which guarantees freedom of movement and does not “expire” because of frequent trips abroad.

Who needs to change status first of all?

• Foreigners living between two or more countries. If your business or affairs require you to be outside Bulgaria for more than 6 months a year.
• Persons who travel frequently within the EU. EU long-term resident status is protected by pan-European law and provides flexibility when travelling across the countries of the union.
• Anyone who wants a guarantee that their status will be preserved. Switching to EU long-term resident status acts as a “preserved” status that eliminates the risk of it being withdrawn by the Migration Directorate because of an insufficient number of days of presence.

An early transition from a permanent residence permit to EU long-term resident status makes it possible to adapt to the updated ЗЧРБ, retain legal status and avoid legal complications in the future.