D visa times

@Suzi Masterson Did you find out?

So did you apply from within BG? I have read that you have to apply at the embassy in your country of residence. I'm a bit confused about what we need to do actually. We thought we could transfer our EU residency but it looks like you can't and we have to apply as UK citizens.

I'm wondering if we can apply, in BG, as soon as we get there, a lot of pages online say it should take no longer than a month (and you can pay extra to get it expedited in 15 days) but other people (on facebook) say it it hard and difficult, but don't actually say why exactly. I don't find fccebook good for information, people all say a lot while telling you nothing, and not many give actual facts.

I'm finding it hard to find a step by step list with timelines, of what we need to do.

@JosieCrew

You apply for the D visa at a Bulgarian embassy/consulate in either your country of citizenship or country of (legal) residence. I'm guessing for you that could be London or Madrid. You definitely can't do it in Bulgaria.

This might sound pedantic, but you can't strictly-speaking "transfer" your EU residency from one country to another. But some EU countries, in some situations, have simplified residence requirements for those who have already acquired (legal) residence in another EU country. If you qualify, this is definitely an easier option than the D visa way.

They key issue is that the EU divides residence into "temporary" residence (up to 5 years) and "long term" residence (over 5 years). Most us refer to Long Term Residence as "permanent residence". This change of status is a crucial one in the EU, and you have significantly more rights once you acquire it. I believe all EU countries have an administrative process where you can apply for permanent residence after living there (legally) for more than 5 years. I'm a PR in Bulgaria and this card was issued for 10 years, and is automatically (pretty much) renewable, indefinitely. (I'm also a temporary resident in both Spain and Cyprus and I don't intend to let those two expire. There's no problem being legally resident in 2 or more EU countries, or keeping this status for more than 5 years.)

If you are already a PR in Spain, or will soon be, this is a big deal. In some cases, it's worth hanging on a few months or a year to get your PR elsewhere (you still have 90 in 180 here) rather than start from scratch.

It is my understanding that Bulgaria does have favourable treatment for Spanish (and other EU) PRs. But, so far, I haven't seen any PRs in the forum confirming this. Certainly, if you have your Spanish PR, I recommend you TRY the direct route with Bulgarian immigration here.

There is, officially, an EU Long Term Resident's Residence Permit which does have more formal rights to relocate to another EU country. There is an implementation issue currently and some EU countries don't issue this, or will issue it as a separate administrative process (i.e. distinct from their country-specific PR) if you ask for it. There is some EU drama going on in relation to the "recast" of the Directive on Freedom of Movement and Long Term Residents. So this issue should get easier in the future, but I'm not holding my breath.

Thanks. Our perm residence will apply from Dec 25, so it looks like we will have to apply via the normal D Visa route.

I don't really want to stay here in Spain and pay for a house in BG. If it comes to it we will possibly go back to the UK and wait as that incurs less costs.

I was hoping we could get the application in asap, move over at end of June/July and start our 90 days and then be issued with residency before the 90 days is up but I can't find a definitive answer on if that is allowed or feasible, timewise.

I could be wrong on this, but I believe the other complicating factor is that when we first apply for the D visa, the Embassy keeps our passport so it can be stamped with the visa once it's issued. So after applying, we can't go to Bg for our permitted 90 days. we're stuck in the UK until the visa is issued. I have seen people saying that can take up to two months.

I hope someone who's been through the process recently will share their experience.

I totally understand you not wanting to wait, to take action now you've decided (me too! waiting is horrible!)f you're only 7 months away from PR in Spain, it might be easier to wait for that and use that to apply to Bg.

wtf, so what if you need it for ID or an emergency trip or something. Thats insane if true.

@janemulberry Its December next year.

Depending on various factors, the time required for the Bulgarian D visa to be issued is between one (1) to two (2) months. 90% receive their D visas in 4 weeks (20 working days). You should not worry about your submission if the waiting time is longer than four (4) weeks because it is normal and you have to be patient. Bulgarian embassy/consulate usually contacts applicants regarding extra documents or changes that need to be applied to their pending application.

@SimCityAT Thanks, thats not too bad, do they keep the passport?

Also, how long and complicated is the yearly renewal, does anyone know?

I was hoping we could get the application in asap, move over at end of June/July and start our 90 days and then be issued with residency before the 90 days is up but I can't find a definitive answer on if that is allowed or feasible, timewise.        -@JosieCrew

All the D visa requirements are posted online, so it's certainly feasible to put a complete application together in a week or two. But it depends on which basis you're applying for the D visa, and the specific supporting documents required. If you clarify your basis for applying, the forum can provide more info.

Typically, you should send in a fully completed application, with all the supporting documents specified, according to their online instructions. I would have to read the instructions again, but I doubt your passport is required at this point (photocopies of certain pages are probably sufficient). I believe they process your application and if/when it passes, they give you a specific date for an interview (and if everything's OK on the day they stamp your passport).

Processing time (in London or Madrid, I think, for you) is typically 1-2 months. (The guidance says apply "not earlier than" 3 months before your "intended date of travel".)

You have to have the D visa in your passport when you enter the country, otherwise they won't accept a residence permit application.

I'd say the hard work, and the vetting process, is mostly for the initial D visa. The issue of your biometric residence permit (at a Bulgarian immigration office near your new home) is typically fairly straightforward, and you provide the same documentation that you provided the embassy. I reckon you can have your card in a week or so. In any case, your D visa is usually valid for 6 months, so you have more time than you think to get this step done.

This is what I just read:

https://www.mfa.bg/en/services-travel/c … a-bulgaria

http://www.bulgaria-embassy.org/wp-cont … D-VISA.pdf

@JosieCrew

I'm a simple soul, so I'd (personally) focus on the application, rather than worrying about renewals. :-)

Renewal is easier than the original application, but you'll need to make sure you still qualify (i.e. still a student, or still a pensioner). I don't think it will be annual. The first one might be for a year, but the second would probably be longer (maybe 2 years). Thus, you'd expect your 2nd renewal (i.e. 1 + 2 + 2) to get you to PR status, and the right to live here indefinitely.

@gwynj

Thanks the reason for applying is so we can buy, move and live there, register a company to work through (remotely, UK company, contracted rather than PAYE). Basically live our life there the same as we would in the uK.

Do we have any hope if you need to be a pensioner/student/have some other reason?

@JosieCrew

I am hoping someone who has been through the process recently will tell me I am wrong about the passport thing!

But the website of the same fairly well-known London-based Bulgarian immigration lawyer SIMcityAT quotes above says:

Applicants will need to wait up to 35 working days for the visa to be issued and stamped, and the passport to be returned. In most cases, the waiting time is a bit shorter and typically takes between 20 to 30 working days. My general recommendation to my clients is to avoid making any travel arrangements until their visa has been approved.

Which to me implies they keep the passport when you go for the application interview, and the wait starts then.

In an emergency I believe you should be able to apply to the UK Passport Office for an emergency travel document.

Thanks the reason for applying is so we can buy, move and live there, register a company to work through (remotely, UK company, contracted rather than PAYE). Basically live our life there the same as we would in the uK.Do we have any hope if you need to be a pensioner/student/have some other reason?        -@JosieCrew

Ouch! Have you looked at the D visa requirements? Unfortunately having a company set up and earning money isn't enough, there are other criteria that need to be satisfied. I wish they did just let us move if we earned enough income remotely and had somewhere to live! Bulgaria is more restrictive than some of the other EU countries in this regard.

If you have a UK or Spanish company that's been registered for 2 years and has submitted tax returns, you could do Trade Representative Overseas. Or if you freelance and have definite contracts for work, AND can speak and read good Bulgarian, there's a freelancer visa.

@JosieCrew

There is some bureaucracy to overcome, but it's possible, and many folks have done it before you. It can be frustrating, but it's entirely doable with a bit of PMA. :-)

It's also important to clarify that you can buy property even as a non-resident, so nothing stops you (as a current Spanish resident) from searching for, viewing, and buying a property here. And thanks to your visa-free allowance (by virtue of your UK passport and/or Spanish residence card) you can spend up to 90 days in 180 days here on a working holiday to paint the walls and fit a new bathroom. :-)

Moving here to live does mean you need your D visa, and you must qualify under one of the supported categories.

In your case, the most likely option is by TRO. This means you'd need to incorporate your UK company today, and in 2 years you'd be able to use it to get the TRO registered.

Alternatively, I think it might be worth reconsidering your wait (approximately 18 months) to your Spanish PR, as I believe this should avoid the need for a D visa.

I'm confused, (it's not difficult to confuse me, I have 'stroke' brain, short term memory, retaining information and some cognition is a problem)

We have PR permits for France, we've already lived here (in France) permanently, for 9 years and have 10 year cards valid until 2031. Does this mean we will not need to apply for a D visa to apply for residency in Bulgaria? 

I've looked at the D-visa page on the government website for the different criteria and it has completely bamboozled me.

Gwyn will give a better explanation, but I think when you already have PR in another EU country, you bypass the D visa and apply via a different route altogether. Which explains why there's no D visa category for it. That's excellent news for you! With that and your income from the shops, you should find it relatively easy.

@ButterMyPaws19

It is my belief that Bulgaria is one of the EU countries which recognizes "long term" residence permits issued in another EU country as a basis for granting you residence here. This means your French PR should be accepted, and you can apply for a residence permit in an immigration office in Bulgaria, instead of needing to apply for a D visa at your nearest Bulgarian embassy.

However, I don't think I've seen a forum member such as yourself who has come here and confirmed this is the case. Certainly, it's worth trying!

My belief is based on the Foreigners in the Republic of Bulgaria Act (i.e. the law on immigration).

https://www.mig.government.bg/wp-conten … ia_act.pdf

This act has a separate section (Chapter Three a) - "RESIDENCE OF A FOREIGNER WHO HAS RECEIVED A LONG-TERM RESIDENCE PERMIT IN ANOTHER MEMBER STATE OF THE EUROPEAN UNION". Which I'm sure you'll agree sounds very promising. :-)

Under (1) this covers employees and the self-employed, or the "economically active", as the EU calls them. Self-employed is also possible as a route to D visa, but with more complications (including a language requirement). I suspect in the case of a PR, it's probably a formality that you register as self-employed (even if you don't do much, and you change your mind a few months later).

Under (3) it says  "for other purposes". My guess is that this general expression covers the "economically inactive" such as the independently wealthy, pensioners, and ski bums like me who want to hang out in Bansko. :-)

If you disagree with my reading, please let me know.

Separately, to be clear, you still have to submit an application for a residence permit. If you're holding an EU PR, I think the effect is to be treated equivalently to someone holding an EU passport. For the economically inactive, you have to provide proof of health insurance (your French EHIC should be fine), proof of funds (pensions and other income, plus your savings account statement), and proof of address (of your new home in Bulgaria). The address proof is either a long-term rental contract (and landlord declaration) or your Notary Act.

As an extra wrinkle, the EU expressly wishes EU PRs to enjoy "Freedom of Movement" in a manner similar to EU citizens. But the complication is that not all EU countries issue the EU Long Term Resident's Residence Permit, or only do so if you specifically ask for it... and instead issue their local PR. The EU is currently debating a "recast" of the relevant Directives in order to ensure greater consistency and clarity across the EU.

I think France has the "La carte de Résident Longue Durée - UE", which sounds like the above, But you might instead have the Carte de Résident or the Carte de Résident Permanent. I'm curious which one you have... but I suspect Bulgaria will accept all three.

Good luck! And please let us know how it goes!