Renewal of permanent residence card in Bulgaria
Is it necessary for a permanent resident to prove, when renewing his residence card, that the grounds on which it was obtained have not ceased to exist?
Practical and Legal Issues in the Renewal of the Identity Card of the Permanent Resident Alien in the Republic of Bulgaria
Foreigners residing permanently in Bulgaria are not obliged to prove, when renewing their permanent residence card, that the grounds on which their permit was issued have not ceased to exist. Once acquired, the right of permanent residence is not subject to a re-verification of the grounds. Unless there are specific legal grounds for withdrawal of the status. This means that the rights of permanent residentс are stable once it has been established that they meet the necessary conditions.
Legal framework
The main legal framework for the residence of foreigners in Bulgaria is the Foreigners Law. According to this law:
- Permanent residence is granted to foreigners who meet certain conditions. These are, for example, long-term residence in the country, investment, marriage to a Bulgarian citizen, etc. (Article 25 of the Foreigners Law).
- After acquiring permanent residence status, the foreigner has the right to reside in the country without time limit. This status is not subject to annual checks, as is the case with long-term residence permits (Article 27 of the Foreigner Law).
- The renewal of the permanent residence card is only required due to the expiry of the document. This is linked to the technical issuance of a new card itself, not to a new verification of the grounds for its issuance. There is no requirement to prove the grounds on which the foreigner has been granted permanent residence status (Article 59 of the Regulations for the Implementation of the Foreigners Law).
- Grounds for withdrawal of permanent resident status may be for specific reasons. For example, staying outside the country for more than 12 months without valid reasons. Serious violations of the law or a threat to national security (Article 40 of the Foreigners Law) are also grounds for withdrawal of the permit. Revocation of the status is also provided for in case of 6-year absence from the country (Article 40, paragraph 4 of the Foreigners Law). Only in the presence of such circumstances can the permanent resident’s status be reviewed.
Conclusion
When renewing the permanent residence card, foreigners do not have to prove the existence of the original ground. This is the case if there are no grounds for review of their status explicitly regulated in the law.
It is very important to note that the renewal of a permanent residence card can create practical and legal difficulties. And this is even when the legal procedure is clearly regulated. Here are some of the most common challenges:
Delays in the renewal procedure
- Practical difficulties: one of the main challenges is the delay in processing documents by the migration services. These delays may be caused by administrative workload, lack of sufficient staff or technical problems.
- Legal problem: Delays in issuing a new card can lead to legal uncertainty for the foreigner. This is especially the case if the document has expired. Although the foreigner does not lose his permanent resident status, he may face a number of difficulties. He will not be able to use a number of services such as banking, healthcare or travel outside Bulgaria while waiting for his new card.
No automatic prolongation
- Practical difficulties: when a permanent residence card expires, the person may find his rights temporarily restricted. This is the case, for example, when renting accommodation, getting a job or receiving medical services. Some institutions may not recognise the expired document even if the status is still valid.
- Legal problem: The lack of a mechanism to automatically extend the card until a new one is issued could trigger legal disputes or unduly restrict the alien’s rights.
Technical and bureaucratic difficulties
- Practical difficulties: renewing your permanent residence card requires submitting a number of documents and meeting administrative requirements. Sometimes technical problems in the Immigration Service’s systems or incorrectly completed documents can delay the process. It can even lead to the application being refused.
- Legal problem: Inadequate information or mistakes by the administration can violate the right to effective access to the service. For example, failure to notify a person of a missing document or a change in procedure may violate their right to due process.
Attendance requirement and address registration
- Practical difficulties: the foreigner must maintain a valid address registration in Bulgaria to renew his card. This can be challenging for individuals who travel frequently or have temporary rental contracts.
- Legal problem: If the foreigner fails to meet the address registration requirements, this may result in refused for renewal. Questions also arise about the right to freedom of movement and work. Especially if the person is temporarily absent from Bulgaria.
Legal uncertainty in the application of new legal provisions
- Practical difficulties: in the event of changes in legislation, foreigners may face difficulties in understanding and applying the new rules. An example of this is possible changes to residency laws affecting the right to renew cards.
- Legal problem: Lack of timely information about legal changes and their interpretation can lead to legal disputes and card renewal refusals. An example is possible new requirements that may impose stricter residency conditions.
Missed deadlines for renewal
- Practical difficulties: sometimes foreigners are not informed in time or fail to apply for the renewal of the card within the legal deadlines. This can lead to administrative problems and difficulties in everyday life.
- Legal problem: Missing the renewal deadline does not automatically result in loss of status. However, it may make it difficult to prove the alien’s rights before various institutions or when travelling abroad.
Insufficiently well explained procedures
- Practical difficulties: foreigners who are not fluent in Bulgarian may face language barriers and insufficient information on the steps to follow. This can lead to errors in the documents submitted and subsequent delays or refusal to renew.
- Legal problem: The lack of accessible information in foreign languages may lead to a violation of the right of the foreigner to be informed about administrative procedures and obligations.
Conclusion
The procedure for renewing a permanent residence card in Bulgaria faces a number of practical and legal challenges. The main difficulties include delays in processing documents, lack of clear information, administrative errors and bureaucratic requirements. Although the legal framework is clear, practical problems such as delays, language barriers and the lack of an automatic extension of the card can create difficulties for foreigners in the renewal process.
author: lawyer Hristo Vasilev