Spouses of Bulgarian citizens and of foreigners with a Bulgarian permanent residence permit or EU long-term resident status: privileges, citizenship, work

The opportunity to move to Bulgaria arises after marriage both to a citizen of the country and to a foreigner legally residing in Bulgaria. However, in these cases spouses have different rights and different options.

What does marriage to a Bulgarian citizen give you?

Under Art. 24, para. 1, item 18 of the ЗЧРБ, family members of a Bulgarian citizen may obtain a residence permit in the country. A fee of 150 leva must be paid (rather than 500, as for most categories of foreigners obtaining a long-term residence permit).

After five years of continuous legal residence in the country, you may apply for a permanent residence permit (Art. 25, para. 1 of the same law). In such a situation you may also obtain the permanent EU long-term resident status. In practice there is no difference between permits for permanent and long-term residence: in both cases you may apply for citizenship, work legally and have the same rights as Bulgarian citizens (with minor exceptions). Usually EU long-term resident status is chosen for reasons of economy, but in the case of marriage to a foreigner this is not significant: the fee for EU long-term resident status is 110 leva, and for a permanent residence permit 150 leva.

After another five years you can obtain citizenship. There is no need to renounce your own citizenship; you can hold both at once.

Spouses of Bulgarian citizens have a number of advantages over other foreigners who have moved to Bulgaria. In particular, they can move freely within the European Union — though only together with their husband, a Bulgarian citizen (or, accordingly, their wife, a Bulgarian citizen). They also have the opportunity to work in Bulgaria.

It should be noted that those obtaining a long-term residence permit through marriage are thoroughly checked. If migration service officers suspect that the marriage is fictitious, the permit may be refused.

If the marriage has been terminated (in the event of divorce or the death of the Bulgarian spouse), the foreigner may obtain a long-term residence permit or EU long-term resident status once, but only if the family had previously resided in Bulgaria legally for at least two years.

What marriage to a foreign citizen holding a Bulgarian permanent residence permit or EU long-term resident status gives you

Family members of a foreigner holding a long-term residence permit, EU long-term resident status or a permanent residence permit in Bulgaria may obtain a residence permit for up to one year (Art. 24, para. 1, item 13 and Art. 24e of the ЗЧРБ). The long-term residence permit can subsequently be extended, and after five years of legal residence in Bulgaria permanent status can be obtained. The cost of the long-term residence permit in this case is 150 leva, for EU long-term resident status a fee of 110 leva must be paid, and for a permanent residence permit 1000 leva.

As with marriage to a Bulgarian citizen, in the event of the spouse’s death or divorce the foreigner has the right to extend the long-term residence permit once, if the family had previously resided in Bulgaria legally and continuously for at least two years.

Unlike spouses of Bulgarian citizens, spouses of foreigners legally residing in the country cannot move freely within the European Union. The standard visa rules corresponding to their citizenship apply to them.

After 5 years of living in Bulgaria with EU long-term resident status or a permanent residence permit, spouses of foreigners may apply for Bulgarian citizenship “by naturalisation”. In this case, however, they will have to renounce their own citizenship — keeping both will not be possible.

Spouses of foreigners may work as employees.

Work in Bulgaria for spouses of Bulgarians and of legally residing foreigners

While anyone with citizenship, a permanent residence permit or EU long-term resident status may work, for foreign citizens with a long-term residence permit this option is not always available. Citizens of third countries (i.e. non-EU countries) who have obtained a long-term residence permit “through marriage” have, unlike other categories of foreigners, access to the Bulgarian labour market. However, positions that may be held only by citizens of the country are not available to them.

Under Art. 9 of the Labour Migration Act, family members of Bulgarian citizens and of foreigners with EU long-term resident status or a permanent residence permit who hold a Bulgarian residence permit may work in Bulgaria without obtaining a special authorisation from the Employment Agency. It is enough for them to have a valid long-term residence permit “through marriage” and an employment contract concluded in accordance with the requirements of Bulgarian law. However, when hiring such specialists the employer must submit a declaration to the “Бюро по труда” Directorate. The following documents will be required:

• A declaration of performance of work without a special authorisation (the document must contain the foreign employee’s details, including the exact ground on which they obtained the long-term residence permit — marriage to a Bulgarian citizen or to a foreigner holding permanent status). The document is submitted in two copies with signatures and seals.
• A copy of the fixed-term employment contract signed by the parties, certified by the employer.
• A copy of the foreign citizen’s valid residence permit (card).

The employer must submit the declaration within one week of the date the foreigner starts work. If the foreign employee receives a new residence permit card, the procedure is repeated. Once employees have obtained EU long-term resident status or a permanent residence permit, declarations no longer need to be submitted.

In addition, the employer is obliged to notify the territorial directorate of the Executive Agency “Главна инспекция по труда” (ИА ГИТ) of the start of the foreign citizen’s work within 7 days.

As for the employee’s own obligations, they only need to provide the documents to the employer.

Thus, spouses of Bulgarian citizens and of foreigners with a permanent residence permit or EU long-term resident status can easily find work in Bulgaria without obtaining special authorisations.

Spouses of foreigners who so far hold only a temporary residence permit may also work in Bulgaria as employees. For example, if the husband obtained a long-term residence permit as the representative of a foreign company or as a pensioner, he has no right to work, but his wife, who obtained a long-term residence permit “through marriage”, has access to the Bulgarian labour market. In this case, however, a work permit issued by the executive director of the Employment Agency at the employer’s request will be required. The foreigner must also have the specialised knowledge, skills and professional experience needed to hold the position in question.

Permanent residence permit in Bulgaria

Bulgarian citizenship by origin

Registration of a marriage in Bulgaria between foreign citizens