Is migration law a separate branch of law?
Migration law is a specialized legal sphere that regulates the public relations arising when crossing the state border, residence and settlement of foreigners, carrying out work activities by them, granting international protection, as well as when acquiring Bulgarian citizenship. In the Bulgarian legal system, migration law combines provisions of national legislation, European Union law and ratified international treaties.
A founding act in this area is the Law on Foreigners in the Republic of Bulgaria (Aliens in the Republic of Bulgaria), which establishes the conditions and procedure for entry, residence and departure of foreigners, as well as the different types of legal status: long-term residence (long-term residence), long-term residence (long-term residence) and permanent residence (permanent residence). Regulatory acts such as the Regulations for the Implementation of the ZHRB, the Regulations on the Visa Regime and the Law on Labour Migration and Labour Mobility further develop the regulations in practice.
Migration law includes the following main directions:
— administrative and legal procedures for issuing visas and residence permits: visa type “D”, VND, SSM;
— grounds and procedures for immigration for family, labour, investment or humanitarian reasons;
— granting international protection, including refugee status and temporary protection under the Asylum and Refugees Act;
— legal consequences in case of illegal residence, issuance of deportation orders, entry bans imposed;
— acquisition of Bulgarian citizenship through naturalization under the Bulgarian Citizenship Act.
A special feature of migration law is its interdisciplinary structure — it intersects with constitutional law (fundamental rights and freedoms), administrative (permit procedures), international (conventions, agreements with third countries), labor (work permits, “EU Blue Card”) and civil law (family law, parental rights and guardianship) participation over minors).
As a law firm specializing in migration law, BSLC provides full legal assistance to foreigners, their families, employers and partners — from initial consultation to full legal representation.
Legal Status of Foreigners in Bulgaria
The legal status of foreigners in the Republic of Bulgaria is regulated in Article 2, paragraph 1 of the Law on Foreigners in the Republic of Bulgaria, where a legal definition is given: “A foreigner is any person who is not a Bulgarian citizen.” This concept covers both citizens of other states and stateless persons. According to paragraph 2 of the same provision, “a foreigner shall also be considered a stateless person, a person who is not considered a national of any State under its legislation.”
The family members of a foreigner are defined in Art. 2, para. 3 of the ZHRB. These are: the spouse; the children of the foreigner and/or the spouse (s), including adopted, who have not reached the age of 18, not married and are dependent; it is also permissible to reunite a family with ascending relatives or other relatives when there are objective circumstances - for example, a serious medical condition requiring personal care. For the family members of a Bulgarian citizen, extended criteria under Article 2, paragraph 6 apply, including descending and ascending relatives, as well as persons from the joint household who were dependent on the Bulgarian citizen.
According to Article 3 of the ZCRB, foreigners residing in the Republic of Bulgaria have all rights and obligations under Bulgarian laws and international treaties to which Bulgaria is a party. Exceptions are allowed only when certain rights are expressly reserved for Bulgarian citizens — such as the right to vote or the right to hold certain positions in the public administration.
Foreigners are obliged to respect the laws of the Republic of Bulgaria, to be loyal to the state and not to harm its prestige and dignity — obligations provided for in Article 4 of the ZHRB. They bear civil, administrative and criminal liability on an equal basis with Bulgarian citizens, unless otherwise provided for in a special law, international treaty or rule of customary international law (Art. 6 of the ZHRB).
Visa regime and conditions for entry into the Republic of Bulgaria
The conditions for entry of foreigners to the Republic of Bulgaria are regulated in Article 8, paragraph 1 of the Law on Foreigners in the Republic of Bulgaria, according to which a foreigner may enter the country in the presence of a valid passport document or other valid travel document, as well as a visa or travel permit, where such are required. Exceptions to the visa regime are determined by Regulation (EU) No 2018/1806, international treaties to which Bulgaria is a party, as well as by acts of the Council of Ministers (Article 8, para. 2 ZCHRB).
Pursuant to Article 1 of the Regulations for the Application of the Conditions and Procedure for Issuing Visas and Determining the Visa Regime in Bulgaria (SAA and VRB), visas are issued for the purposes of entry, transit and airport transit. Article 5 of the UPA and VRB defines the following types of visas:
— visa type “A” — for airport transit;
— visa type “C” — for short stay;
— visa with limited territorial validity;
— visa type “D” — for long-term residence, which grants the right to submit an application for a residence permit in Bulgaria.
The practical rules for crossing the border are regulated in the Regulations for the Application of the Law on Foreigners in the Republic of Bulgaria (Aliens in the Republic of Bulgaria). According to Article 2 of the CRPD, foreigners enter the territory of the country through officially designated border crossing points, in the presence of a valid passport and, where applicable, a visa. In addition, according to Article 3 of the CRPD, the border control authorities may refuse entry to a foreigner who does not meet the requirements, and the refusal is formed according to an approved form.
Of particular importance is the declared purpose of entry. According to Article 6 of the CRPD, when crossing the border, the foreigner is obliged to state the purpose of his visit and the address of residence in the country. These data are reflected in an address card, which is submitted to the relevant structures of the Ministry of Interior for further processing and reporting.
Residence permits for foreigners in the Republic of Bulgaria
The Law on Foreigners in the Republic of Bulgaria provides for three main legal regimes for the residence of foreigners: a permit for long-term, long-term and permanent residence. Each of them is governed by specific grounds, deadlines and legal consequences.
The long-term residence permit is granted in accordance with Article 24, paragraph 1 of the ZHRB for a period of up to one year, subject to annual renewal. The most common grounds include: investments in real estate (Art. 24, para. 1, item 19), family reunification (item 13), training in a higher educational institution (item 3), employment (item 1), humanitarian circumstances (item 15) and others. For example, under item 19 of Art. 24, para. 1, it is allowed to issue a permit for the acquisition of real estate worth not less than BGN 600,000.
A long-term residence permit is granted in the presence of continuous and legal residence in the country for a period of at least 5 years on the basis of a previous permit. This is regulated in Article 24f of the GDPR and grants the foreigner long-term resident status in the EU, according to Directive 2003/109/EC. Proof of stable income, insured housing, valid health insurance and elements of integration into Bulgarian society are mandatory.
Permanent residence permit is regulated in Art. 25 of the ZHRB and is granted in the presence of permanent grounds: Bulgarian origin (item 1), marriage with a Bulgarian citizen for at least 5 years (item 2), investments, humanitarian reasons, or long-term residence in the country for a period of more than 5 years (item 2). 7). Permanent residence is not limited in time and grants almost all rights to Bulgarian citizens, with the exception of active suffrage and the holding of certain public offices.
It is important to note that each of these statuses implies a different application procedure, a different set of documents, deadlines for consideration and options for moving from one status to another. For example, after 5 years of legal residence on the basis of a long-term residence permit, an application can be submitted for obtaining long-term or permanent residence, and under the conditions of Art. 12 of the Bulgarian Citizenship Act — also for acquiring Bulgarian citizenship.
Is there an irrevocable residency status in Bulgaria?
In Bulgarian migration law there is no legal concept of “irrevocable” or unconditionally guaranteed status. Any type of residence permit — whether for long-term, long-term or permanent residence — is subject to revocation in the presence of the grounds provided by law. Even the permanent residence permit, which comes closest to the concept of a stable and long-lasting legal status, is not absolutely protected from revocation.
According to Art. 40, para. 1 of the Law on Foreigners in the Republic of Bulgaria, a residence permit may be revoked when it is established that the foreigner:
— submitted false data or false documents when applying;
— poses a threat to public policy, national security or public health;
— has committed a crime or violated the legal residency requirements;
— in the case of long-term residence, has been absent from the country for more than 12 consecutive months without good reason (art. 40, para. 1, item 9);
— at each stay, has been absent from the country for more than 60 consecutive months (art. 40, para. 1, item 4).
Therefore, even the legal status of a permanent resident can be terminated if the foreigner does not maintain a real connection with Bulgaria or violates the legislation. This underlines that residence is always conditioned by specific legal and factual requirements, the failure to comply with which leads to legal consequences.
Even Bulgarian citizenship, which is the highest form of legal affiliation to the state, can be revoked if fraudulent data were used in its acquisition by naturalization, the applicant was convicted of an intentional crime or certain facts and circumstances were concealed (Art. 22 of the Bulgarian Citizenship Act).
Labour migration and work permits in the Republic of Bulgaria
The legal regime of labor migration in Bulgaria is mainly regulated in the Law on Foreigners in the Republic of Bulgaria and the Law on Labor Migration and Labor Mobility. These two pieces of legislation establish the grounds, conditions and procedure for obtaining work permits by third-country nationals, as well as the legal status of workers — citizens of the European Union and their families.
According to Art. 40 and Art. 44 of the ZHRB, a foreigner may carry out labor activity in Bulgaria only if he has a work permit issued by the Employment Agency. An exception is made for certain categories of persons who have the right to work without such a permit — for example, foreigners with a permanent residence permit, persons of Bulgarian origin, as well as persons covered by bilateral or multilateral international agreements.
Within the framework of the Law on Labour Migration and Labour Mobility, several regimes for access to the Bulgarian labour market are provided:
— work permit on the basis of an employment contract (Article 7 of the ZTMM);
— permission to engage in freelance activity (Art. 24 of the ZTMM);
— permission for posting or internal corporate relocation (Art. 32 of the ZTMM);
— “EU Blue Card” type permit for highly qualified specialists (Art. 33 of the ZTMM).
Pursuant to Art. 24i, Art. 24k and Art. 33k et seq. of the ZCRB, Bulgaria issues unified residence and work permits of the type of ERPR or EU Blue Card, as well as permission for intra-corporate transfer or for hiring seasonal workers. The application procedure includes submission of an application, documents for professional qualifications, evidence of lack of possibility for the employer to hire a Bulgarian citizen instead of a foreigner (for some procedures), concluded employment contract, as well as compliance with the legally established requirements for working conditions and remuneration.
Particular attention is paid to foreigners who have been living and working in Bulgaria for more than one year. In these cases, a procedure for issuing a long-term residence permit is often initiated and, subject to the terms and legality of the stay, a subsequent transition to long-term or permanent residence status is possible.
In practice, there is a growing interest in seasonal employment, freelancing, start-ups, and highly skilled mobility within transnational companies. Each of these cases has a specific legal regime, which requires an individual approach in preparation and legal accompaniment.
Asylum and international protection
The procedure for granting asylum and international protection in the Republic of Bulgaria is regulated in the Law on Asylum and Refugees (ZUB), in force since 1 December 2002, and partly in the Law on Aliens in the Republic of Bulgaria (Aliens in the Republic of Bulgaria). The legislative framework reflects the country's international commitments under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol, as well as the provisions of European Union law.
Pursuant to Article 1, Paragraph 2 of the GDPR, the Republic of Bulgaria provides three main forms of protection: asylum, international protection and temporary protection. Asylum is granted by the President of the Republic in accordance with Article 27, paragraph 2 of the Constitution — Article 2, paragraph 1 of the ZUB. International protection, according to Article 1a, paragraph 2 of the CEU, includes refugee status and humanitarian status granted under international treaties, including the Geneva Convention. The temporary protection provided for in Art. 1a, para. 3 of the ZUB applies in the event of mass entry of foreigners forced to leave their country due to armed conflict, foreign aggression or mass violence.
Refugee status is granted to an alien who has a well-founded fear of persecution on grounds of race, religion, nationality, belonging to a particular social group or political beliefs and is unable or unwilling to return to his country — Article 8 of the GDPR. Humanitarian status, pursuant to Article 9 of the ZUB, is granted to a foreigner who has serious grounds to believe that, upon return to his country, he would be exposed to a real danger of the death penalty, torture or inhuman and degrading treatment.
Temporary protection shall be granted by a decision of the Council of Ministers on the basis of an act of the Council of the European Union, as provided for in Article 2, paragraph 2 of the ZUB. This protection is applicable to persons from Ukraine after 2022 and as of 2025 remains in force, granting rights of residence, access to health, education and labor.
The procedure for granting protection begins with a personal and voluntary application on the part of the foreigner — Article 4, paragraph 2 of the ZUB. The applicant shall be granted the status of “applicant for protection” until the end of the administrative proceedings. Competent authority for granting international protection is the President of the State Agency for Refugees under the Council of Ministers — Art. 2, para. 3 and Art. 6 of the ZUB. According to Article 5, paragraph 1 of the Agency's Rules of Procedure, the Chairperson is a body of the executive branch with special competence and directs state policy in the field of international protection.
Protection shall not be granted if the alien poses a danger to national security or has been convicted of a serious crime and poses a danger to society — Article 4, paragraph 4 of the ZUB. In addition, if the foreigner has abused the procedure, a refusal may be issued in accordance with Art. 75 of the ZUB.
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