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Obtaining Residence Permit as Non-EU married to EU citizen

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.

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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.

kojidae

Oh, and here's the specific Bulgarian page:

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.

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)