An Analysis of the Aliens in the Republic of Bulgaria Act – the Difference Between “Temporary Residence” and “Permanent Residence”

Private Clients, Citizenship and Immigration

The Republic of Bulgaria, as a member of the EU and the Schengen zone, has become an increasingly attractive destination for foreigners seeking residence, whether for work, family, or temporary settlement. The legal framework governing the status of foreign nationals is set out in the Aliens in the Republic of Bulgaria Act (Закон за чужденците в Република България, or ARBA). Two key residence statuses are often discussed under Bulgarian immigration law: Temporary Residence (Продължително пребиваване) and Permanent Residence (Постоянно пребиваване). While these statuses might appear similar, they serve different purposes and come with distinct rights, requirements, and obligations.

This article explores the distinctions between these two statuses in light of the ARBA and provides insights into their legal implications for foreign nationals residing in Bulgaria.

1. Definition and Duration

Temporary Residence

Temporary Residence refers to the status granted to foreign nationals who wish to reside in Bulgaria for an extended period but do not seek indefinite settlement. The duration of this status is up to one year, except in certain cases where it may be issued for a longer period, with the possibility of renewal upon application and compliance with legal requirements.

• Legal Basis: Article 24 of the ARBA sets out the conditions for granting temporary residence;
• Key Purpose: It is typically granted for specific purposes, such as employment,conducting business, trade representation, family reunification, or education.

Permanent Residence

Permanent Residence on the other hand, is a status that provides indefinite residence rights in Bulgaria. Once granted, it does not require annual renewal, although foreign nationals must meet certain administrative obligations, such as renewing their residence card periodically.

• Legal Basis: Article 25 of the ARBA outlines the conditions for permanent residence.
• Key Purpose: It is intended for foreign nationals who wish to establish roots in Bulgaria, often for family or economic reasons.

2. Eligibility Criteria

Temporary Residence

Eligibility for Temporary Residence typically involves fulfilling specific criteria tied to the purpose of the stay. Common grounds include:

• Employment under a valid work permit;
• Engaging in lawful commercial activities;
• Appointment as a trade representative;
• Family reunification with a Bulgarian citizen or a permanent resident;
• Enrollment in an educational institution;

Foreign nationals must demonstratea secure place of accommodation in Bulgaria, valid health insurance,  financial stability and Criminal Record Check

Permanent Residence

The requirements for Permanent Residence are more stringent, reflecting the permanence of the status. Some eligibility criteria include:

• Being of Bulgarian origin or a descendant of Bulgarian emigrants;
• Marriage to a foreigner with a Bulgarian citizen or a permanent resident in Bulgaria for a certain period;
• Parents of a Bulgarian citizen who provide the legally required support and have resided lawfully and continuously in the country for a period of three years;
• Having resided legally and continuously in Bulgaria for five years under temporary residence status;
• Significant economic investment to the country in the form of investing in the local economy, listed companies, mutual funds, alternative investment funds

3. Rights and Obligations

Rights under Temporary Residence

Foreign nationals with temporary residence status have limited rights compared to permanent residents. These include:

• The right to reside and work in Bulgaria for the specified period of their permit;
• Access to healthcare and education on the same terms as Bulgarian citizens, provided these are stipulated in the residence permit;
• Freedom to travel within Bulgaria and leave/return during the validity of their permit.
• Freedom to travel within the EU for short stays under the rules for non-EU nationals with temporary residence in an EU Member State.

However, temporary residents do not have access to certain social benefits or political rights, such as voting in local elections.

Rights under Permanent Residence

Permanent residents enjoy almost all the rights of Bulgarian citizens, except for political rights like voting or running for office. Their rights include:

• Indefinite residence and freedom from annual renewal requirements.
• The right to work, study, and engage in economic activities without additional permits.
• Access to social benefits, healthcare, and education on the same basis as Bulgarian citizens.
• Freedom to travel within the EU for short stays under the rules for non-EU nationals with permanent residence in an EU Member State.

Obligations

Both categories require compliance with Bulgarian laws, such as reporting changes in address or status, maintaining health insurance, and renewing residence cards when required.

4. Path to Citizenship

Permanent residence is a common pathway to Bulgarian citizenship. Temporary residence can be renewed indefinitely. By contrast, holders of permanent residence can apply for Bulgarian citizenship after residing in the country for five years as permanent residents, provided they meet additional criteria, such as language proficiency. Temporary residents must first obtain permanent residence before becoming eligible for citizenship.

5. Key Differences in Practical Terms

*exceptions apply

6. Conclusion

Understanding the differences between Temporary Residence and Permanent Residence is essential for foreign nationals planning their stay in Bulgaria. While temporary residence offers a flexible option for those with specific short-term goals, permanent residence provides a more stable and inclusive framework for those looking to integrate and settle permanently.

The Aliens in the Republic of Bulgaria Act serves as a robust legal foundation for regulating the residence of foreign nationals, balancing the interests of the state with the rights of individuals. Foreign nationals are advised to consult with NBLO’s legal experts to determine the most suitable status for their circumstances and ensure compliance with Bulgarian immigration laws.