Can Bulgarian Authorities Refuse to Issue a Visa?

Foreigners in the Republic of Bulgaria Act (as amended June 27, 2014) governs the admittance to, and continuing residence of, foreign nationals in Bulgaria. Before we look at the reasons for not receiving a long-stay Type 'D' Visa, or for having permanent residency refused, it is worth looking at the underlying regulations.

Article 4 of the law states that:

Foreigners "shall be obliged to observe the laws and the established legal order, to be loyal to the Bulgarian state, and not to derogate the prestige and dignity of the Bulgarian people."

Article 39a of the law allows for Bulgarian authorities to:

• Revoke a person's right to stay
• 'Compulsorily' take a person to the border
• Expel a person from the Republic
• Prohibit a person from entering the Republic
• Prohibit a person from leaving the Republic

Permanent Residency in Bulgaria

Bulgaria citizenship and residency is a very attractive proposition for foreign nationals of high net worth who wish to establish a base for themselves and their families within the European Union. Permanent residency is the first step to gaining citizenship.

Reasons to Refuse a Permanent Residency Permit

Once the applicant receives the visa and enters the country, they are expected to meet the required standards of behaviour used as the basis for their admission. The following list covers the reasons that the Bulgarian authorities may refuse to issue a permanent residency permit.

The authorities believe the applicant has previously or intends to in the future:

1. Violate public order during this or a previous stay in the country
2. Remain without having the required permission
3. Receive government social assistance
4. Does not have adequate funds to comply with the length and conditions of residence, or any future travel
5. Use the stay as a transit point for subsequent migration to a third country
6. Not paid appropriate fines imposed by the Act
7. Presented a false document or made an untruthful statement

There are other reasons that the authorities may refuse or rescind residency status. One such example is if admission would prejudice Bulgaria's relations with another state. Any decision made is always at the discretion of the Immigration Department.

The Type 'D' Bulgarian Visa 

This is a long-stay visa issued to foreign nationals who wish to enter the country and settle for a long period or establish permanent residency. It is issued under the Act's Article 15, Paragraph 2. It would be issued to those who wish to become an immigrant investor. In normal circumstances, the visa is cancelled when authorities issue a residency permit.

Reasons to Refuse to Issue a Bulgarian Visa

Article 10 of the Act states that a foreign national shall be denied a visa, and entry into the country, in the event that the applicant may, has, or may have:

1. Acted in a way that may jeopardise the interests of the state or act against national security
2. Maligned the state or derogated the dignity of the nation
3. Be or been a member of a criminal group of some sort, engaged in terrorism, smuggling, or other specific illicit transactions, including people trafficking
4. Been expelled from the state at least 10 years before the visa application, and has not, as required, repaid the state for costs incurred
5. Been convicted of a criminal act within the state, resulting in a prison sentence of more than 3 years
6. Attempted to enter Bulgaria using false or inadequate documents, or if required documents are missing
7. Possibly spread or be afflicted with an acute communicable disease, as specified
8. Lack adequate funds or mandated insurance cover
9. Has a record of violating certain state regulations, including labour and tax laws
10. Lacks necessary documents for entry into the next country on the itinerary
11. Still is subject to a valid non-admission measure
12. Appears in a government database of unacceptable foreigners
13. Uses documents that show the applicant has, in effect, been expelled from their present country of residence

Final Note on Bulgarian Residency and Citizenship

Bulgarian residency and citizenship are actively sought after by many high net worth individuals. We offer comprehensive advice and support to ensure that our clients' applications are processed correctly and efficiently. We offer a free consultation, please contact us so we can begin your journey to residence and citizenship.