Bulgaria: Whether a permanent resident of Bulgaria can keep his or her permanent resident status after being absent from the country for more than six months; if not, whether recourse exists or whether the decision is final and irreversible

The following information was provided in correspondence sent to the Research Directorate by the honorary consul for the Republic of Bulgaria in Canada.

[Translation]

In Bulgaria, only Bulgarian citizens have true permanent residence. For all foreigners, the (temporary) residence permit is always temporary (usually for one year, and is renewable every year) if the foreigner does not apply for or obtain Bulgarian citizenship in the meanwhile (the individual is eligible after legally and permanently residing in Bulgaria for over five years and if he or she meets other conditions specified in the Citizenship Act). No restrictions are placed on how long Bulgarians may stay abroad (Bulgaria 16 Jan. 2006).

In correspondence sent on 18 January 2006, the honorary consul for the Republic of Bulgaria said that, when foreigners are granted a residence permit for an indefinite period of time under article 25 and paragraph 25a of the Foreign Persons Act (Bulgaria 18 Jan. 2006),

[Translation]

they are granted Bulgarian citizenship (usually as a second or third citizenship). ( ... ) These people are naturalized citizens with a Bulgarian passport. Bulgaria does not have a "permanent resident" category like in Canada, which refers to people who do not have a Canadian passport but who have all other rights except the right to vote. ( ... ) For Bulgarian citizens who are born in Bulgaria or who are naturalized ("foreigner permanently residing"), there is no restriction on absence from the country. However, these citizens must have a valid Bulgarian passport upon their return (Bulgaria 18 Jan. 2006).

The Bulgarian consul also said the following.

[Translation]

Temporary resident permit holders (the permit is always issued for a fixed period but is renewable) may leave and enter the country as many times as they want, but they must do so within the validity period of the permit. People in this category do not need to inform the authorities of their absence; however, if, upon their return, their permit has expired, another permit must normally be requested before entering the country (exceptions to this rule are numerous-some people enter with a visitor visa or with no visa, if they come from a country with such a system, and apply for a temporary resident permit right there) (ibid.).

Article 3(2) (Amended, SG No. 53/1989) of Chapter I of the Residence of Foreigners in the Republic of Bulgaria Act states:

For the purposes of this Act, a foreigner permanently residing in this country shall be any person who has received permission to establish himself in this country indefinitely (Bulgaria 28 Nov. 1972).

Paragraph 8a (New, SG No. 27/1994) of Chapter 3 of the Residence of Foreigners in the Republic of Bulgaria Act states as follows:

(1) Permits for permanent residence in the Republic of Bulgaria may be granted to foreigners who:

1. are of Bulgarian origin;

2. have married a Bulgarian citizen or a foreigner with permanent residence in the country;

3. are children of a Bulgarian citizen or a foreigner with permanent residence in the country, except for the cases of adopting adults;

4. are parents of a Bulgarian citizen or a foreigner with permanent residence in the country;

5. have stayed without interruption on the territory of the country for the last ten years or, under Art. 8, para 4, for the last six years.

(2) The permit under para 1 may be seized by the authority which has granted it when:

1. it is established that the data provided for the purposes of obtaining the permit were untrue;

2. under para 1, item 2 the marriage was dissolved before the expiration of the five-year period after it was contracted or sufficient evidence exists to declare it null and void;

3. under para 1, item 3 the adoption was terminated before the expiration of the five-year team after the court ruling on the adoption.

(3) The permanent residence permit is issued by the Ministry of the Interior (ibid).

[J1]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 for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Bulgaria. 18 January 2006. Consulate General of the Republic of Bulgaria in Canada. Correspondence with consul.
_____. 16 January 2006. Consulate General of the Republic of Bulgaria in Canada. Correspondence with consul.
_____. 28 November 1979. Residence of Foreigners in the Republic of Bulgaria Act. (Bulgarian Institut for Legal Development). [Accessed: 17 Jan. 2006]

Additional Sources Consulted

Internet sites, including: Association des cours constitutionnelles ayant en partage l'usage du français (ACCPUF), Association internationale des hautes juridictions administratives, Bulgarian Embassy in London, Bulgarian Lawyers for Human Rights, InvestBulgaria Agency, Supreme Administrative Court of the Republic of Bulgaria.