Among the various ways of acquiring Bulgarian citizenship, a special place is held by the procedure under Art. 39 of the Bulgarian Citizenship Act, which allows persons with an established connection to the Bulgarian state to obtain citizenship through a simplified process where the conditions prescribed by law are met.
This article examines the conditions for acquiring Bulgarian citizenship under Art. 39 of the Bulgarian Citizenship Act, the required documents, the stages of the procedure, and the key practical questions applicants should keep in mind.
The difference from naturalisation
In naturalisation, the applicant acquires a new citizenship — Bulgarian. In the establishment procedure under Art. 39 of the Bulgarian Citizenship Act, the person already holds Bulgarian citizenship by origin, and the proceedings merely confirm that fact.
The procedure
The application and documents are submitted through the municipality of the person's permanent address, or through the municipality of residence or permanent address prior to leaving the country, which forwards them officially to the Ministry of Justice along with a statement from the civil-status registers of the relevant municipality or mayoralty regarding the person's citizenship. A person living abroad may submit an application for the establishment of Bulgarian citizenship at Bulgarian diplomatic or consular missions abroad.
Where the person has deceased, the application is completed and signed by an heir, with the data of the deceased person entered.
If grounds under Art. 39 of the Bulgarian Citizenship Act are established, the Ministry of Justice issues a certificate confirming that the person is a Bulgarian citizen; on the basis of that certificate, a Bulgarian birth certificate and a personal identification number (EGN) are issued to the applicant.
After the birth certificate is issued, the person may obtain Bulgarian identity documents, including a national ID card and passport.
Points to keep in mind
For the procedure to succeed it is necessary not only to collect documents proving the direct line of kinship with the parent who is a Bulgarian citizen, but also to examine the period in which the person whose Bulgarian citizenship is being established was born. This is because, for the purposes of the establishment procedure, what matters is both the moment at which the originating fact — birth — occurred and the law applicable at that time.
How we can help
We review the available documentation and assess its validity and relevance to the specific procedure. We conduct research in church and municipal archives to identify additional documents for you and your relatives that may support the procedure for establishing Bulgarian citizenship.
We prepare the application together with all required documents and submit it to the relevant municipality on the basis of a duly executed power of attorney.
Contact us to assess whether this approach is appropriate in your specific case.
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Cases from practice
Frequently Asked Questions
- What is the difference between establishing Bulgarian citizenship under Art. 39 and naturalisation?
- Establishing citizenship under Art. 39 of the Bulgarian Citizenship Act is for persons whose citizenship was lost or incorrectly recorded — they prove they are or were already citizens by descent. Naturalisation is for persons acquiring citizenship for the first time and involves a longer process.
- Who can apply to have Bulgarian citizenship established under Art. 39?
- Persons born to at least one Bulgarian citizen parent, or whose ancestor was a Bulgarian citizen before forcible deprivation of citizenship. The procedure is also suitable for descendants of re-emigrants with historical citizenship documents.
- How does the Art. 39 procedure proceed?
- An application is submitted to the Ministry of Justice with documents proving the preceding generation's citizenship. The Ministry issues a certificate, after which the applicant can obtain Bulgarian identity documents.
Note
This article is for general information only and does not constitute legal advice. Legislation changes over time — for current, binding guidance on your case, please contact us.
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