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Obtaining Residence Permit as Non-EU married to EU citizen

Last activity 19 August 2018 by kojidae

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WCO

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.

kojidae

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

Oh, and here's the specific Bulgarian page: https://europa.eu/youreurope/citizens/r … dex_en.htm

WCO

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

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

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

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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