What Are The Conditions For Acquiring A Right Of Residence In The Republic Of Bulgaria And Bulgarian Citizenship On The Basis Of Investment In The Country

A person, who is not a citizen of a Member State of European Union and wishes to settle down for a long period or constantly in the Republic of Bulgaria, or wishes to acquire Bulgarian citizenship, can obtain permission, if he/she makes an investment in the country’s economy.

The types of foreigner’s residence in the Republic of Bulgaria are:

  • short-term residence – up to three months within every six month period from the day of the entrance in the country;
  • continuous residence – with allowed period up to 1 year;
  • long-term residence – with allowed initial period up to 5 years and a possibility of renewal after submitting an application;
  • permanent residence – with allowed indefinite period.

The amount of the investment, which creates entitlement to residence and to take Bulgarian citizenship, is exhaustively determined in the Act on foreigners in the Republic of Bulgaria and the Act on Bulgarian citizenship.

Within a few months the Bulgarian Parliament will start adopting significant changes in the Act on foreigners in the Republic of Bulgaria, which reduced the requirements for the amount of the investments in immovable property.

Generally, the changes, related to the foreigner’s investment, will refer to the obtaining permission for continuous residence and are as follows:

  1. Reduced amount of the investments in immovable property

The new version of the Act provides reduction of the amount of the investments from 600 000 BGN to 100 000 BGN (50 000 EUR). Now, foreigner, who acquires a right of ownership of immovable property in the territory of the Republic of Bulgaria, investing a sum of 100 000 BGN, can obtain a permission for continuous residence. As until now, the same applies to a foreigner, who is owner of more than 50 per cent of the capital of a Bulgarian trading company, has been invested the same amount of money at the company’s capital and as a result the company has acquired the right of ownership of immovable property in the country of this value.

2. New requirements

It is introduced a new additional requirement for obtaining a continuous residence permission, based on a realization of commercial activity in the country: minimum 10 employees who work full-time for every individual investor. After these changes, the right of continuous residence in the country will have only the persons who in fact realize commercial activity, but not the persons who use for that purpose registration of a trading company.

Strict requirements are introduced for persons who apply for a continuous residence permission in their capacity as representatives of foreign trading companies. It is provided a preliminary control and evaluation of documents to ensure that the company activity and accounts, and planned activities are in order.

The requirements for direct acquisition of the right for continuous residence are not changed. The investment amount is as before – from 500 000 to 6 000 000 BGN.

It is still possible for foreigners to obtain a permanent residence permission if they already have a continuous residence permission and during 5 years they maintained investment already made.

In summary, after the last legislative modifications, the conditions required for obtaining continuous residence permission and Bulgarian citizenship based on investment look like this:

RIGHT OF RESIDENCE

TYPE OF INVESTMENT

AMOUNT OF INVESTMENT

TYPE OF RIGHT OF RESIDENCE

SPECIFIC DOCUMENTS

1Right of ownership of immovable property in the territory of the Republic of Bulgaria. The ownership can be acquired also through Bulgarian trade company in which the foreigner owns more than 50 per cent of the capital.100 000 BGNcontinuous – up to 1 yearü  Supporting document from a credit institution licensed in Bulgaria for deposits the amount of money for acquiring the right of ownership or for capital participation in the trading company concerned

ü  Immovable property ownership document

ü  Information about the expenses of the trading company for acquiring an immovable property for the period after deposit the amount of money in the company capital, accompanied by copies of sale/purchase contracts (supporting documents), copy from the stock book or amortization plan, proving the recording of tangible fixed assets, or other document, certifying the amount and the type of the acquired new immovable property after deposit the amount of money

2Capital contribution in Bulgarian trading company, in which the foreigner owns not less than 50 per cent of the capital and the company invests in economically disadvantaged regions, in accordance with the Act on encouraging the investments250 000 BGN –

The capital contribution and the amount of the assets

5 jobs for Bulgarian citizens, maintained for the duration of the residence

continuous – up to 1 yearCertificate of the Ministry of the Economy
3Realizing commercial activity in the country upon legitimate order10 full-time jobs for Bulgarian citizens, maintained for the duration of the residence; this requirement applies for each shareholder individuallycontinuous – up to 1 year
4Bulgarian trading company’s shares, traded on Bulgarian regulated market1 000 000 BGNpermanentCertificate of Invest Bulgaria Agency (IBA) – for its issuing are also required:

ü  original of valid concluded contract for transactions in financial instruments

ü  supporting document or reference of holdings of securities for all investments, issued by “Central Depositary” – JSC or from the non-resident company concerned

5Bonds, treasury bills and derivatives, relating to them, issued by the country and municipalities, with residual term to final maturity no less than 6 months.1 000 000 BGNpermanentCertificate of IBA – for its issuing are also required:

ü  certificate issued by the bank-sub-depositary concerned for acquired government securities and from custodian bank – for acquired municipal securities

ü  certificate issued by the credit institution concerned for concluded government securities purchase transaction or transaction confirmation issued by the institution

6Right of ownership of defined part of the property of Bulgarian trading company with more than 50 per cent state and municipal participation in the capital, in accordance with the Act on privatization and post-privatization control1 000 000 BGNpermanentCertificate of IBA – for its issuing are also required:

ü certificate issued by the Privatization and Post-Privatization Control Agency or issued by the municipal administration concerned

7Units and shares in Bulgarian trading company, which are in state or municipal ownership, in accordance with the Act on privatization and post-privatization control1 000 000 BGNpermanentCertificate of IBA – for its issuing are also required:

ü  certificate issued by the Privatization and Post-Privatization Control Agency or issued by the municipal administration concerned

8Bulgarian intellectual property – items protected by copyright and related rights, protected with patent works, utility models, trade marks, marks for services and design1 000 000 BGNpermanentCertificate of IBA – for its issuing are also required:

ü   certificate issued by the Ministry of Culture or certificate issued by the Patent Office

ü   evaluation of the intellectual property issued by independent valuator, in accordance with the Law on independent valuators

9Rights under concession contracts in the territory of the Republic of Bulgaria1 000 000 BGNpermanentCertificate of IBA – for its issuing are also required:

ü   certificate issued by the concession provider, determined in accordance with the Concessions Act

10Account in credit institution licensed in Bulgaria under fiduciary contract for a period non less than 5 years and for that period the account is not used for securing another credits from credit institution in Bulgaria1 000 000 BGNpermanentCertificate of IBA – for its issuing are also required:

ü      original of valid concluded contract with credit institution for fiduciary contract for a period non less than 5 years or certificate from the credit institution concerned for concluded fiduciary contract

ü      notarized declaration that the invested amount of money is not used for securing another credits from credit institution in Bulgaria and that the declarant is agree with informing the IBA from the credit institution in Bulgaria at the request of the Executive Director if there is information about securing by any lien on the account for securing the credits for the minimum five-year period of the contract

11Units and shares in the capital of Bulgarian trading company, which shares are not traded on regulated market6 000 000 BGNpermanentCertificate issued by a bank, that an amount of money non less than 6 000 000 BGN, is actually entered in a bank account held by the trading company concerned in the moment of its establishment or for capital increase
12Activity, certified in accordance with the Act on encouraging the investmentspermanentCertificate of the Ministry of the Economy
13Capital contribution in Bulgarian trading company and the foreigner is member or shareholder with registered shares and owns non less than 50 per cent of the company’s capital and as a result of the investment new long-term tangible and intangible assets are acquired500 000 BGN – The capital contribution and the amount of the assets

10 jobs for Bulgarian citizens, maintained for the duration of the residence

permanentCertificate of the Ministry of the Economy
14Maintaining the investments from p.1 and 2 for a period of 5 yearspermanentCertificate of IBA – for its issuing are also required:

A) for investment in p.1

ü   declaration that there is no change in the circumstances, which justified the permission for continuous residence

ü the relevant documents, produced in the moment of the initial application, accompanied by certificate from the Property Register to the Registry Agency

B) for investment in p.2

ü      the numbers of the certificates issued by the Ministry of the Economy shall be stated or the copies of those certificates shall be produced

 

* 1 EUR = 1.95583 BGN

Long-term residence status (with permitted initial period of 5 years and a possibility of renewal after submitted application) is granted to foreigner, who has been legally resided without interruption in the territory of the Republic of Bulgaria for 5 years, since submitting the application for long-term residence permission. The long-term residence status is permanent after its acquisition. There aren’t individual reasons for acquisition of long-term residence on the basis of investment.

 

GENERAL DOCUMENTS FOR THE DIFFERENT TYPES OF RESIDENCE

ü   a copy of international travel document in order;

ü   a document for paid state fee;

ü   proofs of provided housing;

ü   a compulsory medical insurance, valid in the territory of the Republic of Bulgaria, when the person is not insured in accordance with the Health Care Insurance Act;

ü   proofs of the presence of sufficient means of subsistence, without having recourse to the social assistance system, in a sum not less than the minimum monthly salary, the minimum scholarship or the minimum pension for the country, for the period of the residence;

ü  an extract from the judicial record, issued by the state, where the foreigner is citizen or by the state, where the foreigner’ s habitual residence is – in the moment of the initial application submitting.

CITIZENSHIP

A foreigner can acquire citizenship by naturalization, if he/she:

1. is major;

2. has received a permission for permanent or long-term residence in the Republic of Bulgaria not less than 5 years ago;

3. has not been sentenced for an intentional offence prosecuted by public prosecution by Bulgarian court and there aren’t criminal proceedings, brought against him for this kind of offence, unless he is rehabilitated;

4. has the possibility to support himself in Bulgaria, because of his income or occupation;

5. has a command of the Bulgarian language, that can be established in accordance with Regulation of the Minister of Education and Science, and

6. has been exempted from his citizenship up to now or he is going to be exempted from it simultaneously with the acquisition of Bulgarian citizenship.

RESIDENCE ON THE BASIS OF INVESTMENT

TYPE OF INVESTMENT

REQUIREMENTS

NOTE

from № 4 to № 11, incl.

1. is major

2. has received a permission for permanent or long-term residence in the Republic of Bulgaria not less than 5 years ago

3. has not been sentenced for an intentional offence prosecuted by public prosecution by Bulgarian court and there aren’t criminal proceedings, brought against him for this kind of offence, unless he is rehabilitated

4. has the possibility to support himself in Bulgaria, because of his income or occupation

from № 4 to № 10, incl., and the investment must be increased under the same conditions to at least 2 000 000 BGN1. is major

2. has not been sentenced for an intentional offence prosecuted by public prosecution by Bulgarian court and there aren’t criminal proceedings, brought against him for this kind of offence, unless he is rehabilitated

has received a permission for permanent residence in the Republic of Bulgaria not less than 1 year ago
from № 4 to № 10, incl., and additionally in the Bulgarian trading company’s capital must be invested not less than 1 000 000 BGN for priority investment project carried out by the company and certified in accordance with the Law on encouraging the investments1. is major

2. has not been sentenced for an intentional offence prosecuted by public prosecution by Bulgarian court and there aren’t criminal proceedings, brought against him for this kind of offence, unless he is rehabilitated

has received a permission for permanent residence in the Republic of Bulgaria not less than 1 year ago