Bulgaria Proposes Adding a Residency Requirement to Golden Visa

Bulgaria’s government has introduced a draft law that would tie the right to permanent residence to a minimum physical presence in the country. Under the proposal, any permanent‑residence holder who spends fewer than 183 days (six months and one day) in Bulgaria during a calendar year would lose that status.

Legislative background

• The Council of Ministers approved the draft on 27 July 2026 (Decision 575).
• Prime Minister Rumen Radev signed the decision and the accompanying bill, which the National Assembly registered on 28 July 2026 (reference 52‑602‑01‑29).
• The bill is currently at the committee stage; it must pass a first reading, possible amendments, and a second reading before becoming law.

How the rule changes

• Current rule (Article 40, paragraph 1, item 6 of the Law on Foreigners): permanent‑residence holders are stripped of the permit after 12 consecutive months of absence from the EU.
• Proposed rule (Section 17, new item 24): the test shifts from EU‑wide absence to presence in Bulgaria. A holder must be physically present for more than half the year; the test applies only to permanent‑residence permits, not to long‑term residence permits.

Impact on the Bulgarian “golden visa”

• The investment route currently requires a BGN 1 million (≈ €511,292) fund subscription and grants permanent residence without any residence obligation.
• If the bill passes, the same investment would no longer guarantee a “no‑presence” status; investors would need to meet the 183‑day annual stay requirement.

Exemptions and ambiguities

• The draft retains a carve‑out for investment‑based permanent residence in the revised item 6, which now applies only to long‑term residence permits.
• It is unclear whether an investor who simultaneously holds both long‑term and permanent residence would remain protected.
• The new item 24 contains no exemptions; it would affect investors, spouses of Bulgarian citizens, persons of Bulgarian descent, and other long‑settled foreigners holding permanent residence.

Withdrawal procedure

• Article 40, paragraph 1 mandates mandatory withdrawal of residence rights when conditions are breached.
• Authorities must still consider length of residence, family circumstances, and social ties (Article 44, paragraph 2).
• EU Directive 2003/109/EC allows member states to disregard long absences in “exceptional circumstances,” but its applicability to the new domestic rule (item 24) is uncertain.

Financial thresholds (converted at the fixed rate)

Implementation timeline

• The bill does not specify a commencement date or a transitional regime for existing permit holders.
• Under Article 5, paragraph 5 of the Bulgarian Constitution, legislation enters force three days after publication in the State Gazette unless otherwise stated.
• Consequently, a law promulgated late in 2026 could retroactively assess attendance for the current calendar year, even though no such requirement existed then.

Consultation and political context

• A public consultation (1 April – 4 May 2026) received 14 comments from nine entities, focusing on border screening, single‑permit reforms, and other topics; none addressed the permanent‑residence provision.
• The explanatory memorandum cites “volume” of residence applications as the rationale, without mentioning security, EU obligations, or investment routes.

Practical considerations for prospective and current holders

• Investors planning to use the Bulgarian program should anticipate the need to spend at least 183 days per year in Bulgaria if the bill becomes law.
• Those approaching the five‑year naturalisation threshold may wish to ensure continuous physical presence to avoid a reset of the qualifying period.
• Monitoring the bill’s progress through the committee stage is advisable, as amendments could alter or remove the presence requirement.

Source article: www.imidaily.com