The problem of acquiring Bulgarian citizenship by origin is becoming more relevant, especially in recent years, during which the political and demographic problems of the countries have forced changes in the global situation.
It is more often, that we as lawyers are being contacted by individuals from the countries neighboring the Republic of Bulgaria, who are looking for a way to acquire Bulgarian citizenship by naturalization, looking for some connection with our country through their relatives who once lived in Bulgaria.
In this article, we aim to reveal a small part of the problematic interpretation of the provisions of the Bulgarian legislation in its part, concerning the acquisition of citizenship by origin.
Exceptions from the general rule of the law when acquiring Bulgarian citizenship.
One of the provisions of the Bulgarian citizenship Act provides that a person, who is not a Bulgarian citizen, can acquire Bulgarian citizenship by naturalization even without the terms of the legislation are being met, namely:
- received a permanent or a long-term residence permit in the Republic of Bulgaria no less than 5 years ago;
- has an income or occupation that enables the person to support himself in the Republic of Bulgaria;
- to master the Bulgarian language to a certain level, which circumstance is established according to an Order; or
- to be released from their previous citizenship or will be released from it at the time of acquisition a Bulgarian citizenship.
When do these exceptions apply and what other conditions must be met in order for individuals to benefit from the exceptions of the legislation?
The answer is found in Art. 15, paragraph 1 of the Bulgarian citizenship Act.This, first of all, can happen if the applicant in a proceeding of acquiring Bulgarian citizenship is of Bulgarian origin.
Alternatively, the exception will also apply if the applicant proves that one of their parents is a Bulgarian citizen or died as a Bulgarian citizen.
Thirdly, the exception would also apply if a person – an applicant in proceedings to acquire a Bulgarian citizenship, was adopted by a Bulgarian citizen under the conditions of full adoption.
Acquisition of Bulgarian citizenship by proving Bulgarian origin. What does it mean for a person to be of Bulgarian origin?
The Bulgarian citizenship Act stipulates that in order to prove Bulgarian origin, the person must certify that they are related to at least one person – their ascendant to the third degree inclusive, who is of Bulgarian origin (the law refers to relatives ascending to the third degree in a direct line, which means – mother/father-first degree, grandmother/grandfather-second degree, great-grandmother/great-grandfather-third degree).
According to paragraph 2 of the Additional Provisions of the Bulgarian citizenship Act, the definition of “Person of Bulgarian origin” is: a person of whom at least one of the ascending is Bulgarian.
After everything stated so far, we only understand that in order for a person to prove their Bulgarian origin, they must certify that they are related to at least one person – ascendant up to the third degree inclusive, who is of Bulgarian origin, and the Bulgarian origin is proven, when at least one ascendant is “Bulgarian”.
What does it mean for a person to be “Bulgarian”- is it a matter of citizenship, nationality or ethnicity, the law does not define categorically. This necessitates a historical review of the legislation of the Republic of Bulgaria from 1904 until now.
Review of the legislation of the Republic of Bulgaria from 1904 until now.
Tracing the legislation of the Republic of Bulgaria over the years to the present moment, it turns out that each of the existing legal acts uses different definitions, but the ambiguity regarding the differences between Bulgarian citizenship, Bulgarian origin, Bulgarian nationality and Bulgarian remains.
Highlights of the provisions of the law in the Republic of Bulgaria, affecting this matter are presented consecutively.
- Bulgarian citizenship Act from 1904
This is the first law regulation in the Republic of Bulgaria on that matter.
According to it, Bulgarian citizens are considered to be all those individuals, who, at the time of the creation of the Kingdom of Bulgaria, had their residence or were born within its territory.
Any person who was born in Bulgaria or abroad to a Bulgarian and any person who was born in the Kingdom to a foreigner is considered a Bulgarian citizen by birth.
- Bulgarian citizenship Act from 1940
Anyone born to a Bulgarian father and mother is considered to be of Bulgarian origin.
Bulgarian citizenship is acquired by origin (by birth and place of residence), by naturalization and by marriage.
A Bulgarian citizen by birth is any person whose father or whose mother is a Bulgarian citizen, regardless of their place of birth.
Bulgarian citizens are considered to be all foreigners who, as of August 9, 1920, had a permanent residence in the Kingdom of Bulgaria, who continue to live there and who, on that date, had no other citizenship.
An example, based on the above law regulations from 1904 and 1940:
It turns out that if a person had his residence in the Kingdom of Bulgaria at the time of its creation, they will be considered a Bulgarian citizen (according to the act of 1904) and their child will also be considered a Bulgarian citizen (according to the act of 1940).
- Bulgarian citizenship Act from 1948
A Bulgarian citizen by origin is any person whose parents are Bulgarian citizens.
On the day this act enters into force, all individuals who possess Bulgarian citizenship according to the provisions of the previous acts regarding Bulgarian citizenship shall be considered Bulgarian citizens.
That Act also provides that a Bulgarian citizen with no Bulgarian nationality who emigrates from the country, loses their Bulgarian citizenship upon emigration.
Continuation of the example above: In continuation of the example from above, individuals who are Bulgarian citizens are considered Bulgarian citizens according to the law of 1948, and their children will also be considered as such. In the spirit of the provisions of the act, in force since 1940, according to which anyone who is born of a Bulgarian father and mother is considered to be of Bulgarian origin and that a Bulgarian citizen by birth is any person whose father or whose mother is a Bulgarian citizen, the possible conclusion that can be reached is that during the period of application of the act, a person born to a mother and father who are Bulgarian citizens is a Bulgarian citizen too. But does this mean that the child is a Bulgarian? – If their mother and father are also considered “Bulgarians”, in addition to being Bulgarian citizens, then this child would be of Bulgarian origin.
Why is the definition of “Bulgarian” and “Bulgarian nationality” so important is because according to the act of 1948 in the event that these Bulgarian citizens emigrate from Bulgaria, if they are not of Bulgarian nationality, even though they are Bulgarian citizens, they will lose their Bulgarian citizenship.
- Bulgarian citizenship Act from 1968
A Bulgarian citizen by origin is any person whose parents or one parent is a Bulgarian citizen. A Bulgarian citizen by birth is also a person born in the Republic of Bulgaria to parents who are foreign citizens, if they do not acquire foreign citizenship based on origin. A person of Bulgarian nationality may acquire Bulgarian citizenship without meeting some certain conditions.
- The latest act is the now effective Bulgarian citizenship act, in force since 1999.
Continuation of the example above: What determines whether a person is of Bulgarian nationality or not? The law provisions, clearly, cannot give enough clarity on that question. Тhis clarity cannot be derived from the provisions of the acts, therefore, we also examined the court practice.
From the examined court practice, it becomes clear that attempts have been made for other people who emigrated during the emigration waves, to justify that they did not lose their Bulgarian citizenship with the emigration, since they were “Bulgarian citizens of Bulgarian nationality” because they were born in Bulgaria, have lived in Bulgaria until certain age, studied in a school in Bulgaria, speak Bulgarian language. Unfortunately, often in the documents of such individuals, it is written that they were Bulgarian citizens, but of another nationality, and therefore the relevant institutions do not accept their arguments and does not grant them with the Bulgarian citizenship by origin.
From the court practice in such cases, when the judges decide whether the citizenship was lost upon emigration, they also discuss whether the individuals who emigrated were registered as foreign citizens, whether they even changed their names (their surnames), whether they entered in the population registers of another country and other relevant circumstances.
For the correct interpretation and clarification, it is necessary to analyze the court practice.
According to the jurisprudence of the Supreme Administrative Court in Bulgaria, the term “Bulgarian” in the legal text should not be perceived as an ethnic term, but as the legal connection of the person with the state, which means – their Bulgarian citizenship. This will mean that the person who tries to prove that they are of Bulgarian origin and in connection with this must prove that at least one of their ascendants is “Bulgarian”, should be able to prove that one of his ascendants has Bulgarian citizenship and this would be enough to grant the applicant a citizenship.
The Bulgarian courts estimate that if only the ethnic meaning of the term “Bulgarian” is taken into account, it will lead to a contradiction with the Bulgarian Constitution in its part, in which it states that all people are born free and equal in dignity and rights and that no restrictions on rights or privileges based on race, nationality, ethnicity, religion, etc. are permitted.
However, there is no lack of court practice, enacted exactly in the opposite sense.
