Bulgarian Retirement Visa, Bulgarian Permanent Residence & Other Bulgarian Residence Permits: Help by Immigration Lawyer in Plovdiv & Sofia

 

Immigration Lawyer (Sofia & Plovdiv)

 

Are you planning to apply for a Bulgarian residence permit but you are uncertain of the precise legal ground which applies to your situation, what exact set of documents you need or how to prepare and file your Visa D application? Or maybe you are considering retiring in Bulgaria and wonder whether you actually qualify for a Bulgarian retirement visa? Perhaps you are ready to obtain some specific type of Bulgarian long-term or permanent residence permit, eager to relocate your business or reunite with your family in Bulgaria but you are concerned about making a costly mistake or having your application rejected?

These are some of the most wide-spread situations foreign nationals face when applying for visa or residence permit in Bulgaria. An unprecise choice of correct legal grounds, missing important document or failure to meet a specific legal requirement can certainly result in at least serious delays, additional expenses, or even application rejection. But you are not alone. Our experienced immigration lawyers in Plovdiv & Sofia can save you from making a wrong step in your Bulgarian immigration procedure that can cost you time, money and failure to obtain Bulgarian residence permit.

If you are looking for an experienced immigration lawyer in Sofia or Plovdiv, we at Trifonov Law Offices can assess your individual case, advise you on the most appropriate, suitable and cost-effective legal ground and route, and then assist you with preparing and reviewing full documentation and help you with filing your Bulgarian visa and residence application. Just send us the details of your case and eventually relevant documentation by e-mail or through our enquiry form, then our immigration lawyers in Bulgaria will get in touch with you in due course, so that you can get that visa and residence!

 

Bulgarian Residence Permit (Overview & Types)

 

Bulgarian residence permit might be on your priority list if you are planning to move to Bulgaria, spend your life after retirement here, start a business or work for a Bulgarian company, join your family members who are already living in Bulgaria or live in the country on a long-term basis?

Whatever your case may be, our Bulgarian immigration lawyers in Sofia and Plovdiv can assess your case, find appropriate legal ground for Bulgarian residence and assist with the visa, residence permit and all related immigration procedures.

The procedure for obtaining a Bulgarian residence permit depends primarily on your nationality, the purpose of your stay and the legal ground on which you intend to reside in Bulgaria.

For non-EU citizens, Bulgarian immigration law provides several possible routes to Bulgarian residence permit, such as employment, registration of a trade representative office of a foreign company, family reunification, retirement visa, investment in real estate properties or businesses.

Foreign nationals who wish to work in Bulgaria may benefit from several options depending on their nationality and professional qualifications. The Single Residence and Work Permit is suitable for non-EU citizens employed by a Bulgarian company, while the EU Blue Card is designed for highly qualified professionals.

For EU citizens and their family members there are less requirements and far more favourable regime. EU citizens can also work as freelancers or self-employed professionals.

 

Residence Permit in Bulgaria for EU Citizens

EU citizens can enter Bulgaria with a valid identity card or passport and may stay without a Bulgarian residence card for up to three months. For residence beyond that period, the person must complete a registration procedure at the Migration Office.

The requirements depend on whether the person is employed, self-employed, studying, financially self-sufficient or joining a family member. The procedure takes approximately a week and involves a couple of visits of the competent Migration Department.

The most important requirement for all applicants is to have accommodation in Bulgaria and if the accommodation is rented, to provide an explicit written agreement by the host for their registration at the said address.

After five years of lawful continuous residence, an EU citizen generally acquires the right of permanent residence in Bulgaria. The permanent residence document confirms a right that is fundamentally different from the residence regime applicable to a third-country national.

Our lawyers can provide best advice and local assistance to EU citizens on accommodation, registration, family members’ residence rights, permanent residence and related administrative matters.

 

Residence Permit in Bulgaria for Non-EU Citizens

Bulgarian residence permit for non-EU citizens (third-country nationals) can be obtained in a legal procedure that may turn into a challenge which involves filing documentation with various institutions, including the Bulgarian Ministry of Interior, the relevant Migration Directorate in particular, as well as the Ministry of Foreign Affairs and the competent Bulgarian diplomatic or consular missions abroad.

The process begins with an application for a long-term visa D at the competent Bulgarian consular section abroad, followed by an application for a residence permit in Bulgaria. Visa D is the Bulgarian long-stay visa used for foreigners who intend to obtain prolonged, long-term or permanent residence.

Before applying for the D visa, the applicant should choose a specific legal ground for residence under the Foreigners in the Republic of Bulgaria Act. The visa is normally linked to the same legal ground on which the subsequent residence application is based.

The documents can include evidence of accommodation, sufficient financial means, health insurance and documents establishing the particular reason for residence. The precise documentation varies considerably. For example, the documents required from a retired person are not the same as those required from an employee, investor or family member.

It is therefore important to establish the legal ground first, rather than beginning with the visa application. Our experienced Bulgarian immigration lawyers can assist your with in this legal matter.

 

Bulgarian Retirement Visa

 

Bulgarian Retirement Visa (Overview)

Bulgarian retirement visa is commonly used term by foreign nationals searching for a way to retire and live in Bulgaria. Strictly speaking, however, there is no separate visa category called a “retirement visa”. Retirement is a legal ground on which a third-country national who has a pension entitlement and sufficient means of support may live in Bulgaria with a long-term permit.

Our immigration lawyers can review the pensioner’s individual circumstances and determine what documents should be prepared before the application is filed. The whole procedure includes assessing whether the applicant meets the applicable legal requirements as per Bulgarian law, then identifying the documents needed to prove pension entitlement to Bulgarian authorities and sufficient financial means and finally clarifying whether any additional documents must be obtained (and eventually legalised) in the country of origin.

If you have decided to retire in Bulgaria and you are already receiving a pension in your own country, obtaining legal guidance by our immigration lawyers before officially initiating the procedure can help you avoid unplanned expenses and delays. In this regard, you can contact us now by e-mail or through our enquiry form in order to discuss your case, incl. associated costs, time frames, etc.

 

Bulgarian Retirement Visa (Requirements)

Bulgarian retirement visa requirements generally involve documentary proof of the following:

• The applicant has a pension entitlement
• The applicant meets the general immigration requirements such as clean criminal record, etc.
• Amount and regularity of the pension or other available financial resources
• The applicant has accommodation in Bulgaria (can be a rented property)
• The applicant has the required health insurance

The applicants should provide genuine pension documentation and evidence of a Bulgarian bank account into which the pension payments will be received among the documents relevant to the pensioner residence ground.

 

Bulgarian Permanent Residence

 

Bulgarian Permanent Residence (Overview)

Bulgarian permanent residence grants the respective foreign citizen an indefinite stay in the country.

Holders of Bulgarian permanent residence cards can not only come in and out of the country at any time but they are also allowed to travel freely to all Schengen countries around Europe. Permanent residence card holders are also allowed to work under employment agreements (yes, a permanent resident in Bulgaria can work) and they have the same labour, healthcare and pension rights and obligations as Bulgarian citizens.

 

How to Get Bulgarian Permanent Residence?

How to get Bulgarian permanent residence? This is one of the most popular questions when it comes to obtaining Bulgarian residency. And the first answer is that there is no single route to permanent residence in Bulgaria. The Foreigners in the Republic of Bulgaria Act provides several different legal grounds on which a third-country national may qualify.

One of the main routes is lawful and uninterrupted residence in Bulgaria for five years before the application. Under the current law, a person applying on this basis must not have been absent from Bulgaria for more than 30 months during the relevant five-year period.

Another legal ground for Bulgarian permanent residence permit may apply to persons of Bulgarian origin, certain family members, parents of Bulgarian citizens, and foreign nationals who satisfy specific investment requirements.

There are also options for obtaining Bulgarian permanent residence by investment. The current legislation provides several permanent residence possibilities for certain qualifying investments, including investments in financial instruments and Bulgarian companies. Permanent residence permit is granted to foreigners in case they make any of the following types of investment:

• Investment in shares of Bulgarian commercial companies traded on a regulated market or a multilateral trading system in the Republic of Bulgaria, at a market value of not less than €1 022 583.76.
• Purchase of shares or stocks in collective investment schemes originating in the Republic of Bulgaria, with a value of not less than €511 291.88
• Shares in alternative investment funds established in the Republic of Bulgaria with a value of not less than €511 291.88
• Contribution to the capital of a Bulgarian commercial company in the amount of not less than €1 022 583.76for a priority investment project in Bulgaria implemented by the company

Obtaining Bulgarian permanent residence is more expensive and subject to more strict requirements as compared to Bulgarian long-term residence. If you are looking for cheaper and easier option for getting Bulgarian residence permit, you can check the options available below, in the Bulgarian Long-Term Residence section.

 

Bulgarian Long-Term Residence

 

Long-term residence permit in Bulgaria can be issued to foreign citizens on many different legal grounds, such as: residency by investment, retirement visa, work permits, EU blue card and residence permits for family members.

Long-term residence permit in Bulgaria is usually granted for a period no longer than one year, but it can be renewed every year. After 5 years of stay, the foreign national is entitled to apply for Bulgarian permanent residence.

Long-term residence permit for can be obtained in any of the below described cases.

 

Trade Representative Office

The cheapest option for residency by investment in Bulgaria involves registration of a trade representative office (TRO) of a foreign company. If you want the representatives of the TRO to get a D visa and long-term residence in Bulgaria, the foreign company should match the following criteria:

• The foreign company must have history for more than 2 years
• It must be active and in good standing and financial state
• Annual financial statements and tax returns of the company are required and must show minimum annual turnover of 51,130 euro for each of the last 2 years
• A business plan for the company expansion in Bulgaria is required
• The trade representative office needs a real office in Bulgaria

Up to two persons, appointed as representatives, can obtain visa type D and long-term permits through the establishment of one representative office in Bulgaria.

A valuable benefit connected to this legal ground is that the family of the representative (spouse and children under 18) can also move to Bulgaria based on his residence permit.

Our immigration lawyers in Sofia and Plovdiv can assist both with the registration of the TRO with Bulgarian Chamber of Commerce and Industry as well as with appointing the representatives in Bulgaria, supporting with and filing their visa and long-term permit applications.

 

Bulgarian Residency by Company Formation

Bulgarian residency by company formation is another popular option. Investment in poorly developed regions by incorporation of a company with a minimum registered capital €127 822.97, on the condition that the company has invested the amount of the capital in long term tangible and intangible assets and has employed at least 5 Bulgarian citizens, whereas the number of the persons employed is maintained for the duration of the residence permit of the investor.

Incorporation of a Bulgarian company regardless of the amount of the foundation capital and employment of at least 10 Bulgarian citizens, whereas the number of the persons employed is maintained for the duration of the residence permit of the investor.

 

Bulgarian Residency by Buying Property

Bulgarian residency by buying property is one of the most common legal grounds for obtaining Bulgarian long-term residency. But at the same time, one of the most common misconceptions concerning Bulgarian residency is that simply purchasing a property automatically gives a foreign national the right to live in Bulgaria.

Can I get residency in Bulgaria if I buy a house? – one might ask. And the answer is yes, but it depends. A non-EU citizen can purchase certain types of property in Bulgaria without automatically obtaining a residence permit. Conversely, owning an apartment, house or holiday property does not by itself create an unlimited right to reside in Bulgaria.

There is, however, a specific statutory investment ground connected with real estate. Under the Foreigners in the Republic of Bulgaria Act, a foreign national may qualify for long-term residence in Bulgaria where at least €306 775.13 has been invested for the acquisition of ownership of Bulgarian real estate, subject to the additional statutory requirements.

The law also provides a related route where the foreigner owns more than 50% of a Bulgarian company, invests the required amount in its capital and the company acquires real estate meeting the statutory conditions. Additional requirements apply concerning payment of the investment and, where borrowed funds are used, the amount of outstanding financing.

How long can I stay in Bulgaria if I own a property? This is another very frequently asked question. Your maximum stay as a property owner depends on your citizenship and on the value of the property. Ownership of a cheap apartment does not grant you the right to get a residence permit. You need another legal ground to apply for residency.

Otherwise, you can only enter and stay in Bulgaria as a tourist with C visa up to 90 days. If you are an EU national you can enter and stay without any visa or permit up to 90 days. Only If you intend to stay longer, you can use your property deed as “proof of accommodation” to register for a Bulgarian Residence Card, which is valid for up to 5 years and easily renewable.

 

Family Members

Bulgarian residence permits are also legally granted to the family members of the main applicants. These rules apply only in case the stay permit is given for a term of minimum one year and in case the applicants match some further requirements.

The first question is – who qualifies as a family member? According to Bulgarian law, the following individuals are recognized as family members: spouses, children under 18 years of age and are not married;  dependent parents (ascendants) who require personal care due to serious health reasons or financial dependence.

Spouses of Bulgarian citizens can obtain Bulgarian residence permit after the marriage. The marriage has to be registered in Bulgaria and the spouse needs proof of housing and proof of financial support. In case of divorce the permit is to be taken away, except in case that the spouse has an employment, stable income enough to support his/her living in Bulgaria and paid health insurance.

 

Work in Bulgaria and Tax Obligations

 

Bulgaria offers several options for foreign nationals who wish to live and work in the country  depending on the type of employment. Generally speaking, there are three main routes to access the Bulgarian labour market: working for a Bulgarian employer under a standard Single Residence and Work Permit, obtaining an EU Blue Card for highly qualified professionals or providing freelance services as a self-employed.

The appropriate permit should be selected before employment or business activities begin. Working without the required authorization may result in negative legal consequences for both the foreign national and the employer. A legal assessment by an immigration lawyer can help the applicant chose the best route, eligibility and supporting documents.

 

Work Permits in Bulgaria

EU citizens generally have the right to work in Bulgaria without obtaining a separate work permit, but non-EU nationals, who wish to work in Bulgaria need a special permit for employment. It is called Single Residence and Work Permit, which allows non-EU nationals to reside in Bulgaria and sign a labour contract with a Bulgarian employer.

The applicant needs a special permit by the Bulgarian Employment Agency, followed by the necessary residence formalities with the Migration Directorate. Actually, it is the employer who files the application and gets the approval by the Employment agency, and the permit is tied to the respective employer only. If the employee resigns, they lose the permit.

 

EU Blue Card in Bulgaria

The EU Blue Card is a residence and work permit for highly qualified non-EU nationals who wish to work in Bulgaria. It can be obtained only by professionals who meet the applicable qualification requirements and have secured employment with a Bulgarian employer.

Applicants must demonstrate specific professional qualifications for the respective work: a college or university degree proved by a diploma or certificate, whereas the education has been conducted by an educational institution acknowledged as an institution of higher education by the respective country.

A compulsory condition for the successful completion of the procedure is a work permit issued by the Ministry of Labour and Social Policy. I.e. the foreign specialist should have found an employer in Bulgaria and should have been invited by this employer for a particular labour agreement before they apply.

The EU Blue Card is usually valid for one year. If the labour agreement is with a term longer than one year, or if it is prolonged after the expiry of one year, then the EU Blue Card is renewed for another 1-year term maximum.

And finally comes the reasonable question – what happens if the holder of an EU Blue Card is fired or dismissed? Then he has 3 months to find a new job in Bulgaria. Otherwise, he loses the Blue Card.

 

Freelancers & Self-Employed Tax in Bulgaria

Bulgaria is an attractive destination for freelancers and self-employed professionals due to its low 10% personal income tax rate. However, the overall tax burden depends on the type of activity, deductible expenses, social security contributions and the individual’s tax residency status.

Registration as a self-employed in Bulgaria for an EU citizen is not complicated. But if you are non-EU citizen – you cannot get residency on the grounds that you are a freelancer and that you want to move to Bulgaria and work and pay taxes there. Third country nationals need another legal ground to move to Bulgaria and only after they have any residence permit, they can register as self-employed.

Understanding Bulgaria self-employed tax obligations requires more than considering the headline income tax rate. Freelancers in Bulgaria pay not only 10 % personal income tax but also social contributions, such as social security and health insurance contributions, which can vary a lot. Obtaining appropriate advice can help ensure compliance with Bulgaria taxes self employed requirements and reduce the risk of double taxation or reporting errors.

 

Certificate of Tax Residence in Bulgaria

A Certificate of Tax Residence in Bulgaria is an official document issued by the Bulgarian National Revenue Agency (NRA) confirming that an individual or a company is considered a Bulgarian resident for tax purposes and should pay their taxes in Bulgaria. It is commonly used when dealing with foreign tax authorities, for confirming one’s tax status abroad and for avoiding double taxation.

For foreign nationals, freelancers and self-employed professionals, obtaining a Bulgarian Certificate of Tax Residence can be an important part of international tax planning. However, the certificate isn’t granted automatically and the procedure is relatively complicated.

So, who can qualify as a Bulgarian tax resident? Under Bulgarian tax legislation, in order to qualify for a Bulgarian tax residency, the person should meet the following requirements: address in Bulgaria, spending more than 183 days in Bulgaria during the relevant 12-month period, center of vital interests in Bulgaria, family and economic ties, etc. The Bulgarian National Revenue Agency assesses the relevant circumstances as a whole.

The certificate does not automatically exempt all foreign income from taxation. The applicable tax treatment depends on Bulgarian domestic law, the relevant double tax treaty, the type of income and any procedural requirements imposed by the foreign jurisdiction.