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New legislative options regarding acquisition of investment Bulgarian citizenship and investment residence

With amendments to the Bulgarian Citizenship Act (BCA) and the Foreigners in the Republic of Bulgaria Act (FRBA) the National Assembly finally decided to retain the possibility of acquiring Bulgarian citizenship and permanent residence permit in exchange of investments. Despite the European Union’s insistence that this option should be abolished, on March 12th, 2021, these legal possibilities were promulgated.

The problem is that investments in Bulgarian companies are only formally made. Short-term investments are made in trust accounts, shares and government securities, and are terminated almost immediately after obtaining a residence permit or after the acquisition of Bulgarian citizenship. The spirit of law – to encourage people who have a real intention to settle in the state and to work for its development and increase the welfare of citizens through investments, is not observed once again. The provisions of the act are used as another “loophole“ in legislation. The main concern of the European institutions is that this option provides an opportunity, essential for all EU citizens – to move freely within the EU, to potentially dangerous persons or to those with unclear and vague intentions.

Permanent residence permit through investments

Despite the above-mentioned obstructions, the amendments did not abolish the option for acquisition of permanent residence on the grounds of investment made, but it only changed the parameters of these investments as a prerequisite for acquisition. Thus, as of March 15th, 2021, a permanent residence permit in Bulgaria can be obtained for an investment in:

Prolonged residence permit through investments

Another new option introduced by the amendments to the FRBA is the so-called “Startup visa” for prolonged residence. This visa is a certificate for a high-tech and / or innovative project issued by the National Research and Innovations Agency. Thus, in order to obtain a prolonged residence permit, the applicant should:

Investment citizenship

With the amendments to the BCA, Bulgarian citizenship can be acquired by an adult, unconvicted foreigner who has received a permanent residence permit through any of the investments above not less than one year ago and:

A new opportunity for Bulgarian citizenship acquisition through investments is provided for an adult, unconvicted foreigner who has received a permanent residence permit not less than one year ago and:

Spouses of investors

An investor’s spouse may also acquire Bulgarian citizenship – under a simplified procedure, if he/she:

Procedural changes regarding Bulgarian citizenship acquisition

The BCA provides for a faster Bulgarian citizenship acquisition procedure by naturalization, including through investment. According to the amendments adopted, the proposal to the President to issue a citizenship decree will be posed within 12 months, not 18 months, as of the submission of the citizenship application.

The performance of the investments under the BCA and the FRBA shall be monitored and followed-up by the Ministry of Economy and the Bulgarian Investment Agency under terms and conditions that will be determined in an ordinance of the Minister of Economy.

Although these changes represent the current legislation into force, it is not yet clear what the response of the European institutions will be and whether further amendments to the regulation of citizenship and residence will be adopted.

The news above is for information purposes only. It is not a (binding) legal advice. For a thorough understanding of the subjects covered and prior acting on any issue discussed we kindly recommend Readers consult Ilieva, Voutcheva & Co. Law Firm attorneys at law.