I have a South African passport and my wife an EU passport as citizen of Austria. We have recently purchased a residential property in Sunny Beach and it is our intention to retire there during September this year. She will then apply for a residence permit.
Is it possible for me as South African passport holder to obtain a residence permit as her family member (spouse) while on a Type C short-term visa in Bulgaria? I have a valid Type C visa with 80 days of 90 days remaining which expires in the beginning of December. Please help.
Obtaining Residence Permit as Non-EU married to EU citizen
WCO
11 August 2018 00:17:18
10
kojidae
13 August 2018 16:59:05
588
Always strange for me, but it is actually easier for a non-eu spouse of an eu resident to get a residence permit in Bulgaria than it is for a non-eu spouse of a Bulgarian. 
That's the good news. You should just have to show proof of your spouse's residence in Bulgaria and proof of your marriage. That's it.
https://europa.eu/youreurope/citizens/r … dex_en.htm
kojidae
13 August 2018 17:00:35
588
Oh, and here's the specific Bulgarian page: https://europa.eu/youreurope/citizens/r … dex_en.htm
WCO
13 August 2018 20:04:31
10
Thanks for the info. Can I do this while on a type C visa in Bulgaria? I am told I need a type D visa and can only be applied for at the BG Embassy of your country - in my case: South Africa.
kojidae
14 August 2018 09:03:46
588
From everything I find, if your spouse is an EU citizen AND has a valid Bulgarian document (meaning they have registered for residency in Bulgaria) you will not need a D-visa.
If your spouse was not-EU (or was Bulgarian citizen) you would need a D-visa.
https://www.immigration2bulgaria.com/fa … -bulgaria/
WCO
18 August 2018 11:30:53
10
Thanks. The way I understand all of this is that the Type D visa is in fact the "Residency Permit" (a temporary one at least) allowing you, as a Non-EU person, to stay in Bulgaria for 6 months + , and has to be renewed time-and-time again as it expires for at least 5 years in total before you can apply for permanent residency. The motivation for getting the Type D Visa is your marriage to a EU citizen (or BG citizen) with a BG residency permit.
The conflicting info I have is however whether/if you (as a Non-EU citizen) can apply for this Type D visa while in Bulgaria with a Type C visa - or do you need to go physically back to your country of residence and apply there for the Type D visa before returning to Bulgaria?
Anyone with practical experience in this regard?
kojidae
19 August 2018 08:08:24
588
The type d visa is not a residence permit. It allows entry in Bulgaria. However, if you are in Bulgaria for more than three months, you must still apply for a residence permit. (Even if you have a D-visa). They are two separate things, just for many people the type D visa is required to get a residence permit. Once you get a type D visa, as long as you keep your residence permit active, you will not have to apply for a type d visa again. Example: I am an american married to a Bulgarian. I had a type D visa in 2012 that was a 6 moth visa. Within 3 months I applied for my residence permit. I renewed my residence permit once a year, for three years (then for five years), but never have to apply for a D-visa as long as I continue residing, uninterrupted, in Bulgaria.
People who do not require a type-D visa to apply for a residence permit due to the freedom of movement laws in EU include: EU citizens AND spouses of EU citizens if the spouse has a residence permit. (Unless you are a spouse of a Bulgarian citizen). A spouse of an EU citizen could enter on visa-free or c-visa (depending on their country) and directly apply for a residence permit. If your spouse does not have a Bulgarian residence permit, you would need to apply for a d-visa in your home country, but you would not be able to use marriage as a reason for getting a d-visa. (You would only use them as a reason for where they reside, but again, then you wouldn't need the d)
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