Bulgaria: Whether a woman who is Bulgarian by birth, but who later acquired another citizenship, would be eligible to return to Bulgaria as a citizen; whether her non-Bulgarian husband would also be eligible for citizenship through his marriage to her (1999-2000)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 5 January 2000 |
| Citation / Document Symbol | BGR31810.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Bulgaria: Whether a woman who is Bulgarian by birth, but who later acquired another citizenship, would be eligible to return to Bulgaria as a citizen; whether her non-Bulgarian husband would also be eligible for citizenship through his marriage to her (1999-2000) , 5 January 2000, BGR31810.E, available at: https://www.refworld.org/docid/3ae6ad4c50.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Bulgarian Citizenship Act, promulgated in the State Gazette of 18 November 1998, which is attached to BGR33567.E of 5 January 2000, makes no provisions for individuals who have relinquished or been deprived of their citizenship to return to Bulgaria as citizens. However, should they wish to regain their citizenship, Ordinance No. 1 of 19.02.1999 to be Appended to Chapter V of the Bulgarian Citizenship Act, also attached to BGR33567.E of 5 January 2000, states that they may do so by submitting an application in writing to the Minister of Justice and European Legal Integration.
Procedures governing the submission of an application to regain Bulgarian citizenship are also addressed in Article 29, Paragraph 1 of the Citizenship Act, which states that
Acquisition of Bulgarian citizenship by naturalization, release from Bulgarian citizenship and resumption of Bulgarian citizenship shall be effected in response to an application from the interested party submitted by him in person, by mail or through a duly authorized agent. Applications sent by mail or through a proxy must bear a notarized signature (Bulgaria 18 Nov. 1998).
Individuals wishing to regain their Bulgarian citizenship must also meet the conditions stipulated in Paragraphs 1 and 2 of Article 26 of the Citizenship Act:
1. he has not been convicted of a premeditated crime in the country in which he lives, or in the Republic of Bulgaria, and
2. he does not pose a threat to public order, public morals, public health or national security.
(2) The citizenship of a person of non-Bulgarian origin released from Bulgarian citizenship at his request or under an emigration agreement entered into by the Republic of Bulgaria may be restored if the conditions referred to in paragraph (1) obtain and if the person received a permanent residence permit for Bulgaria at least three years before submitting the application (18 Nov. 1998).
Permanent residence permits are granted under the terms of the Aliens in the Republic of Bulgaria Act, promulgated in the State Gazette of 23 December 1998.
In a letter dated 2 June 1999, the Consul of the Bulgarian Embassy in Ottawa stated that an individual of non-Bulgarian citizenship married to a Bulgarian citizen would be required to obtain a permanent residence permit before he or she could apply for Bulgarian citizenship (ibid.). According to Paragraph 2, Article 25 of the Aliens in the Republic of Bulgaria Act, such a permit can be obtained by an alien "two years after marrying a Bulgarian citizen or an alien permanently resident in the country" (23 Dec. 1998).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Bulgaria. 2 March 1999. Ordinance No. 1 of 19.02.99 to be Appended to Chapter V of the Bulgarian Citizenship Act. Promulgated in the State Gazette No. 19 of 02.03.1999, Vol. 1, No. 178. Translated by the Multilingual Translation Directorate of the Department of Public Works and Government Services Canada, 30 November 1999.
_____. 23 December 1998. Aliens in the Republic of Bulgaria Act, Promulgated in the State Gazette No. 153 of 23.12.1998. Translated by the Multilingual Translation Directorate of the Department of Public Works and Government Services Canada.
_____. 18 November 1998. Bulgaria Citizenship Act. Promulgated in the State Gazette No. 136 of 18.11.1998, in effect from 19.02.1999, Vol. 1, Series 3, No. 184. Translated by the Multilingual Translation Directorate of the Department of Public Works and Government Services Canada, 20 December 1999.
Embassy of the Republic of Bulgaria, Ottawa. 2 June 1999. Correspondence from Consul.