Residence permit for foreign students and doctoral students in Bulgaria

The decision to choose Bulgaria for study is an academic choice, but your child's residence here is a legal status that is acquired and maintained under strictly defined conditions. Many parents and students start with the question “We are accepted to university — what's next?”, but the answer is not limited to issuing a student card. The law sets a specific framework, and it is this that we will consider in this topic.

The right to long-term residence for the purpose of training arises in the presence of expressly provided prerequisites. The legislator decrees that:

“A long-term residence permit for up to one year may be obtained by foreigners who hold a visa under Art. 15, para. 1 and are accepted as students in a regular form of study at a higher education institution in the Republic of Bulgaria.”

This is regulated in Art. 24c, para. 1 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

At first glance, the text seems clear — visa D and admission in regular form. But it is here that the questions begin, which we will consider in detail in the next parts of the material.

What does “regular form” mean, and why does absentee or distance form not automatically lead to the same result? When is a D visa required and are there exceptions? What happens if the student already resides in another EU Member State? What is the procedure for mobility under a programme such as Erasmus? All these hypotheses are regulated in Art. 24c, paras. 4-8 of the Law on Foreigners in the Republic of Bulgaria and require careful interpretation.

Already at this stage, purely practical questions arise that worry parents. Is a bank statement enough to prove funds? What does “stable, regular, predictable and sufficient funds” mean? This requirement arises from Article 24c, paragraph 2, item 4 of the Law on Foreigners in the Republic of Bulgaria ЗЧРБ), but its content is fulfilled by administrative practice. We will analyze how the authority assesses the origin of the funds and when the risk of refusal arises.

Another key issue is health insurance. The law requires compulsory medical insurance valid for the territory of the Republic of Bulgaria when the student is not insured under the national legislation — Art. 24c, para. 2, item 3 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). But is every policy enough? What does the administration check? It is here that we will consider the practical nuances that often remain unclear.

Timelines are also an essential element. The law requires applications for renewal to be submitted no later than 14 days before the expiration of the authorized period of residence, and in case of failure to submit the additionally required documents, the proceedings may be terminated — Art. 24c, para. 16 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). What does this mean in practice? What are the consequences of being late? And can the refusal be appealed under the procedure of the Administrative Procedure Code (APC)?

The topic does not end with the training. The Law provides for the possibility of residence up to 9 months after graduation for the purpose of looking for a job — Art. 24c, para. 13 of the Law on Foreigners in the Republic of Bulgaria. But what conditions must be met? How is registration with the Employment Agency proven? And how does this period affect a future application for longer-term status?

From a strategic point of view, the question of long-term residence also arises. The Law stipulates that half of the period of residence as a student is respected in calculating the five-year term for acquiring the status of long-term resident — Art. 24d, para. 3 of the Law on Foreigners in the Republic of Bulgaria. This is often underestimated when planning an academic and professional path in Bulgaria. 🎓

Judicial practice consistently emphasizes that the residence of a foreigner in the country is conditioned by strict compliance with the legal prerequisites, and that the burden of proof lies on the applicant. In this sense, the Supreme Administrative Court considers that foreigners wishing to reside in the country are subject to the special requirements of the Law on Foreigners in the Republic of Bulgaria, which should be fulfilled in full. We will use this logic as a basis in the analysis of each individual step.

In the following parts, we will examine each of these stages in detail, including the procedural risks, the grounds for refusal and the ways of protection under the procedure of the Administrative Procedure Code (APC).

In what cases can we be useful

• Preparation of a complete package of documents for visa D and residence permit for students, doctoral students and researchers
• Legal review and correction in case of risk of refusal
• Assistance with renewal of status and missed deadlines
• Procedures for Postgraduate Residency and Job Search
• Transition to long-term residence
• Appeals against refusals under the Administrative Procedure Code (APC)

What is the procedure for obtaining a residence permit as a student?

The procedure for obtaining a long-term residence permit for the purpose of training is two-phase and involves consistent actions both before the Bulgarian educational institutions and before the migration authorities. The legal basis for granting this status is regulated in Article 24c of the Law on Foreigners in the Republic of Bulgaria, and the procedure for consideration of applications and notification — by the Code of Administrative Procedure (APC).

The legislator expressly provides:

“A long-term residence permit for up to one year may be obtained by foreigners who hold a visa under Art. 15, para. 1 and are accepted as students in a regular form of study at a higher education institution in the Republic of Bulgaria.”

This rule is contained in Art. 24c, para. 1 of the Law on Foreigners in the Republic of Bulgaria and outlines the two main prerequisites — admission in regular form and availability of a type D visa, when one is required.

I. Stage One — Admission to a Bulgarian University

Before the question of residence arises, the applicant should be accepted for training under the procedure of the Higher Education Act (HEA) and the internal rules of the respective university. Admission may be carried out on various grounds — by intergovernmental agreements, by acts of the Council of Ministers or by the order of Art. 95, paras. 8 and 10 of the Higher Education Act (HEA).

For applicants from countries outside the European Union and the European Economic Area, documents of completed secondary education recognized in Bulgaria are required, as well as a certificate of the right to access higher education in the country of acquisition of the diploma. In practice, this involves a recognition procedure through the National Center for Information and Documentation (NACID).

The university sends the documents to the Ministry of Education and Science, which issues a certificate of admission for the respective academic year. This certificate is a key document for the next stage — the visa procedure.

II. Stage Two — Obtaining a Type D Visa

After issuing the certificate by the Ministry of Education and Science, the applicant submits an application for a long-term visa type D at a diplomatic or consular representation of the Republic of Bulgaria in the country of permanent residence.

The requirement to hold a visa arises from Article 15, paragraph 1 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), and the type D visa is a prerequisite for subsequent application for long-term residence under Art. 24c, para. 1 of the same Law.

The visa certifies that the country allows entry for the purpose of study, but it does not in itself constitute a residence permit. It is a prerequisite for initiating administrative proceedings before the Migration Directorate of the Ministry of Interior.

III. Stage Three — Submission of an application for long-term residence

After entering Bulgaria with a valid visa D, the student submits an application to the Migration Directorate or the relevant Migration Sector at the Regional Directorate of the Ministry of Interior.

1. Mandatory documents

According to Art. 24c, para. 2 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), the following shall be applied to the application:

• a copy of a valid passport with a visa and a stamp of last entry;
• proof of insured housing;
• compulsory medical insurance when the person is not insured under the Health Insurance Act;
• evidence of “stable, regular, predictable and sufficient means of subsistence”;
• criminal record — upon initial application;
• certificate from the Ministry of Education and Science and a certificate from the university.

The wording regarding the means of subsistence is specified in Art. 24c, para. 2, item 4 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), and the amount may not be lower than the minimum wage, the minimum scholarship or the minimum pension for the country for the relevant period.

IV. Administrative check and reconciliation

After filing the application, the proceedings are not formal, but involve an official check.

According to Art. 24c, para. 17 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), each application is coordinated with the State Agency “National Security”, which sends a written opinion. The Authority shall assess the existence of grounds under Article 10 and Article 41 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), including considerations related to national security and public order.

Judicial practice has consistently accepted that the residence of a foreigner in the country is subject to a special regime and that the burden of proof lies on the applicant. Decision No. 683 of 15.01.2013 of the Supreme Administrative Court emphasizes that the legislator imposes higher requirements on foreigners wishing to reside in the country and that the administrative authority should strictly apply the provisions of the special law.

The case law of the Supreme Administrative Court also stresses that the European Convention for the Protection of Human Rights does not guarantee the right of permanent residence of a foreigner if the legal prerequisites are not met (Supreme Administrative Court Decision No 17423 of 21.12.2013 of the Supreme Administrative Court). This logic also applies to student permits.

V. Deadlines for pronouncement and notification

Applications are considered within 14 days, except in cases of legal or factual complexity, when the period may be extended by one month, pursuant to Art. 24c, para. 16 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

The decision shall be communicated in writing in accordance with the Administrative Procedure Code (APC), pursuant to Art. 24c, para. 19 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

In case of a positive decision, a residence card is issued in accordance with Council Regulation (EC) No 1030/2002 on the uniform format of residence permits for third-country nationals, and in the field “type of permit” is marked “student” — Art. 24c, para. 18 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

VI. Renewal and subsequent opportunities

The permit is issued for a period of up to one year, and for the last year of training — for 18 months, according to Art. 24c, para. 1 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). Renewal requires submission of an application no later than 14 days before the expiration of the term, pursuant to Art. 24c, para. 16 of the same Law.

After successful completion of the training, the student can obtain a residence permit for up to 9 months for the purpose of job search, if he submits an application at least 30 days before the expiration of the current permit and registers with the Employment Agency within 7 days after graduation, pursuant to Art. 24c, para. 13 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

With a long-term perspective, it should be borne in mind that when applying for long-term residence status under Art. 24d of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ) only half of the time spent as a student is counted for the purposes of calculating the five-year term, according to Art. 24d, para. 3 of the same Law.

What are the requirements to prove that I have sufficient means of subsistence? Can I work in Bulgaria as a foreign student?

Proving sufficient means of subsistence is one of the central requirements when obtaining and renewing a long-term residence permit as a student. The law does not allow residence, which would lead to dependence on the social system of the state, therefore, financial autonomy is considered as an element of public interest.

AND. What does “sufficient resources” mean within the meaning of the law?

The requirement is expressly formulated in Art. 24c, para. 2, item 4 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), where it is stated that the applicant must present:

“evidence of stable, regular, predictable and sufficient means of subsistence, without recourse to the social assistance system, in an amount not less than the minimum monthly salary, the minimum scholarship or the minimum pension for the country, for the period of residence on the territory of the Republic of Bulgaria.”

This formulation contains several key elements. Funds must be not just available, but stable and predictable. This means that a one-time receipt in a bank account without a clear origin or proof of sustainability can be considered insufficient.

Practically admissible evidence are: bank statements, scholarship contract, parental maintenance contract, proof of sponsor income, translated and legalized income documents from abroad. The administrative authority shall carry out a case-by-case assessment and may require additional evidence in case of doubt as to the true origin of the funds.

The case law of the Supreme Administrative Court assumes that, in the presence of a legal requirement to prove means, the burden of proof lies on the applicant, and the authority acts under binding jurisdiction when the legal prerequisites are not met. In decisions on cases involving refusals of residence, the court stresses that financial security should be real and proven, not presumed.

II. Can I work as a student, doctoral student or researcher and is this considered a means of subsistence?

Yes, a foreign student has the right to exercise limited labor activity, but under specific conditions.

According to Art. 38, para. 1 of the Labour Migration and Labour Mobility Act (MLMTA):

“Third-country nationals who are students in a full-time form of study at a higher education institution in the Republic of Bulgaria may exercise short-term employment after registration by the employer with the Employment Agency within 7 days of its commencement, subject to the requirements of Article 24c of the Law on Foreigners in the Republic of Bulgaria:

• up to 20 hours per week during the school year, and
• during the holidays officially declared for the respective higher education institution. '

This means that a student can work up to 20 hours a week during the school year and without restriction within the holidays, but only if the employer makes a registration with the Employment Agency. A separate work permit is not required, but a registration mode.

It is important to emphasize that income from such employment can be taken into account when renewing residency, but an initial application usually implies proof of means regardless of future work. The Law sets the requirement for availability of funds for the period of residence at the time of submission of the application — Art. 24c, para. 2, item 4 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

III. What happens in an internship?

If the student is accepted as a trainee under an employment contract with the condition of internship, the special hypothesis of Art. 38a, para. 1 of the Labor Migration and Labor Mobility Act (MLMTA) applies, according to which the employment is exercised without a work permit for the duration of the internship, in the presence of a permitted residence under Art. 24c, para. 11 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

And in this case, the employer has an obligation to register with the Employment Agency.

IV. Special regime for family members of researchers

For completeness, it should be noted that a different regime applies to family members of a researcher. According to Art. 37 of the Labour Migration and Labour Mobility Act (MLMTA), they have the right to work after permission to access the labour market from the Executive Director of the Employment Agency. This rule does not automatically apply to students, but is specific to researchers.

V. Practical and legal balance ⚖️

In practice, financial security and the right to work are interrelated, but legally distinct issues. The administration checks whether the student has sufficient funds at the time of application, not whether he could potentially work. In case of lack of proven means, the authority may issue a refusal, which is subject to appeal under the procedure of the Code of Administrative Procedure (APC).

How is a foreign diploma recognized for the purpose of applying for higher education in Bulgaria?

Recognition of a diploma of completed secondary education acquired at a school of a foreign state is an independent administrative procedure that precedes application to a higher education institution and is crucial for the legality of admission. Without a certificate of recognition issued, the applicant cannot be permanently enrolled, nor receive a certificate from the Ministry of Education and Science for the purposes of the visa procedure.

The legal basis is contained in Art. 165 of the Preschool and School Education Act (ZPUO), and the order and criteria are specified in Ordinance No. 11 of 2016 on the evaluation of students' learning outcomes. The competent authority shall be the Executive Director of the National Centre for Information and Documentation (NACID), who shall act following the opinion of a committee of experts.

AND. What does “recognition” really mean?

Recognition is not a comparison of a curriculum, but an official confirmation that the secondary education completed abroad corresponds to a completed secondary education in the Republic of Bulgaria. The certificate shall record the subjects studied and, where applicable, the grades shall be compared to the Bulgarian six-point system in accordance with Article 9 of Ordinance No. 11 of 2016.

This is especially important when applying to specialties in which certain subjects are ball-forming. If the diploma does not contain separate grades or if additional equivalence is required for admission purposes, a separate administrative service is requested for an official note on grades in subjects not included in the diploma itself.

II. What documents are required?

The proceedings begin with an application submitted in person, by proxy or electronically. To it are applied:

— document on completion of secondary education;
— if necessary, a document certifying that the diploma entitles access to higher education in the country in which it was issued;
— document of paid state fee.

Documents must be legalized, translated into Bulgarian and certified in accordance with the Convention on the Abolition of the Requirement for Legalization of Foreign Public Acts (Apostille), an applicable bilateral treaty or in accordance with the Regulations on Legalizations, Certifications and Translations of Documents and Other Documents.

Where documents are contained in official electronic registers, the applicant may provide access data to them, allowing for an official verification of authenticity.

III. How does the administrative check go?

After registration of the application, an expert commission conducts a substantive assessment. It checks:

— whether the school is recognised by a competent authority in the country concerned;
— whether the document is authentic;
— whether there are significant differences between the general requirements for access to higher education in Bulgaria and in the country of graduation.

The deadline for a ruling is up to one month from the submission of all documents. In case of irregularities, production is suspended until they are eliminated.

The fee for the service is regulated in the amount of BGN 50 according to the Tariff for the fees that are collected in the system of preschool and school education.

IV. In which cases is a refusal issued?

Refusal is issued when the document is issued by an unrecognized school, when inauthenticity is established or when there is a material difference in educational requirements.

In these cases, the act constitutes an individual administrative act and is subject to appeal to an administrative court under the procedure of the Code of Administrative Procedure (APC) within 14 days of notification.

Judicial practice assumes that the control of the court covers verification of competence, form, compliance with substantive law and proportionality. When objective differences in educational standards or lack of authenticity are found, the court confirms the refusal, since the authority acts under bound jurisdiction.

V. Practical strategic aspects 🎓

It is important for applicants to distinguish the recognition of secondary education from the academic recognition of higher education. In this case, we are talking about access to a bachelor's degree. If the applicant holds a diploma of higher education and wishes to apply to a master's program, a separate regime for academic recognition applies.

After the certificate of recognition is issued, the applicant can finalize the admission procedure to the higher education institution, and the university sends the documents to the Ministry of Education and Science for the issuance of a certificate of study. This certificate subsequently serves as a basis for applying for a long-term visa type D and for a long-term residence permit under Art. 24c of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

What are the requirements for foreign researchers to obtain a residence permit and how is it issued?

The long-term residence permit for foreign researchers is a special regime designed to facilitate international scientific mobility while ensuring control over the legality of residence. The legal basis is expressly regulated in Art. 24b of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

First of all, the foreigner must have a long-term visa type D, when required, and have a contract for the development of a research project with a research organization based in the Republic of Bulgaria, which is included in the register under Art. 81, para. 1, item 1 of the Law on Promotion of Research and Innovation. This requirement is expressly formulated in Art. 24b, para. 1 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). The Authority does not have operational autonomy over the existence of these prerequisites — if the contract is missing or the organisation is not registered, no authorisation can be issued.

The term of the authorisation shall, as a general rule, not be less than one year. Where the contract for the research project has a term of less than one year, the authorisation shall be issued for the duration of the contract. This follows from Art. 24b, para. 2 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). Thus, the law binds the duration of residence directly to scientific activity.

The proceedings begin with an application to the Migration Directorate or to the relevant Migration Sector at the Regional Directorate of the Ministry of the Interior. According to Art. 24b, para. 3 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), a regular passport, evidence of insured housing, valid medical insurance, evidence of stable, regular, predictable and sufficient means of subsistence, a criminal record certificate upon initial application and the contract itself with the research institution shall be attached to the application. organization. The financial criterion requires that the funds be not lower than the minimum monthly salary, the minimum scholarship or the minimum pension for the country for the entire period of residence.

Before issuing the permit, the administration carries out an official check whether the scientific organization is registered in the relevant register, which is an obligation under Art. 24b, para. 4 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). This means that even with a contract presented, the body monitors the institutional legitimacy of the host structure.

The decision shall be issued within 30 days of submission of the application, and the applicant shall be notified in writing, pursuant to Article 24b, paragraph 5 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). After approval, a residence document is issued in the uniform format according to Regulation (EC) No 1030/2002, and in the type of permit field a researcher is marked, according to Art. 24b, para. 19 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ).

The law also regulates the right to family reunification. Family members may obtain a long-term residence permit for the duration of the researcher's permit if they meet the general requirements provided for in Article 24, paragraph 1, item 13 and paragraph 2 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), which follows from Article 24b, paragraph 6 of the same Law. This creates stability for the family and predictability of the stay.

The mobility framework within the European Union is particularly important. Where a researcher already holds a residence permit issued by a first Member State, he may carry out part of his scientific research in Bulgaria for up to 180 days within any period of 360 days under the conditions of the notification regime, pursuant to Article 24b, paragraphs 7 — 10 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). For stays of more than 180 days, an application is submitted for a Bulgarian long-term residence permit for a period of up to two years, pursuant to Art. 24b, para. 12 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), in which case a visa is not required under Art. 15 para. 1.

The law also provides for the possibility of transition to the labor market after the completion of the scientific project. A foreigner may obtain a long-term residence permit for a period of up to nine months if, within seven working days after the completion of the project, a person is registered with the Employment Agency as a job seeker, pursuant to Art. 24b, para. 18 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). This is a mechanism for retaining highly qualified specialists in the country.

From an administrative point of view, the authority checks three key groups of circumstances: the reality of the scientific project, the legitimacy of the host organization and the presence of sufficient guarantees that the foreigner will not become a burden on the social system. In the absence of any of these conditions, permission is not issued, since the prerequisites are cumulative.

When to contact the BSLC team?

The procedure for applying, recognizing a diploma, issuing a D visa and obtaining a residence permit seems consistent and clearly regulated in the law. However, in practice, each step contains legal nuances that can lead to a delay, refusal or even termination of proceedings. It is at these moments that professional legal assistance is of strategic importance.

It is good to contact us already at the planning stage, when choosing a form of training and analyzing whether the specific status will allow legal residence. A long-term residence permit is granted in the presence of the requirements under Art. 24c of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), but the question is often not whether the law exists, but whether the specific factual situation falls within its scope.

Legal assistance in case of doubts about financial evidence is particularly important. The requirement for “stable, regular, predictable and sufficient funds” under Art. 24c, para. 2, item 4 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ) is evaluative and the administration has the right to request additional documents. With improperly structured evidence, the risk of rejection is real. 💼

Another critical point is the delay in deadlines. The law requires applications for renewal to be submitted no later than 14 days before the expiry of the authorized period, pursuant to Art. 24c, para. 16 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ). Missing this deadline may result in the termination of the proceedings and the need to leave the country. In such situations, a precise analysis of the possibilities of protection is required.

Assistance is also necessary in case of refusal to recognize a diploma or refusal of residence. These acts are subject to judicial review under the procedure of the Code of Administrative Procedure (APC). The case-law has consistently held that when the legal prerequisites are not proven, the authority acts under binding jurisdiction, but at the same time the court checks whether the administration has complied with all procedural guarantees. A timely appeal within 14 days is decisive.

Last but not least, it is advisable to seek legal assistance in strategic planning — for example if you wish to stay in Bulgaria after graduation, switch to employment status or apply for long-term residence. Half of the residence time as a student is counted when calculating the five-year term for long-term residence under Art. 24d, para. 3 of the Law on Foreigners in the Republic of Bulgaria (ЗЧРБ), which requires a preliminary assessment of your future intentions.

You can also contact us when questions arise that are not explicitly regulated in a regulatory text - for example, when you interrupt your studies, change your specialty, transfer to another university, temporary mobility in a Member State of the European Union or combine study with work. In these cases, the decision is not formal, but depends on the correct interpretation of the law and practice.

The BSLC team works with a comprehensive approach — from preliminary legal analysis, through preparation of documents, to procedural representation on appeal. In migration law, time and accuracy are key. Timely consultation often prevents problems that subsequently require significantly more complex protection.