Bulgaria proposes changes to the Golden Visa rules: a de facto residence requirement for permanent residence

The Bulgarian government has submitted to the National Assembly a draft law that would provide for the withdrawal of permanent residence status for foreign nationals in case of absence from the country.

Under the proposal, any foreign citizen who has been in Bulgaria for less than six months and one day during the previous calendar year may lose the right to permanent residence. The measure would apply to all holders of Bulgarian permanent residence status—regardless of how they obtained it.

On 27 July, the Council of Ministers approved draft decision No. 575. Prime Minister Rumen Radev signed both the decision itself and the letter forwarding the bill to Parliament, which was registered in the National Assembly on 28 July under entry number 52-602-01-29.

For the Golden Visa program, the key implication is a shift from an “absence” rule to a requirement of actual presence. Previously, status was protected by a condition that was difficult to violate with proper planning. Now, however, the criterion is hard to meet while being outside Bulgaria.

Recall that today, acquiring the right to permanent residence via an investment subscription of BGN 1 million (about €511,292 at a fixed exchange rate) makes it possible to obtain permanent residence without having to live in Bulgaria.

Permanent residence in Europe under an absence rule could shift to a Bulgarian presence rule

Article 40, paragraph 1 of Bulgaria’s Law on Foreigners lists the grounds on which authorities may terminate a right of residence. In the current version, paragraph 6 applies both to holders of long-term residence and to holders of permanent residence (in line with the interpretation of Bulgarian immigration practice cited in December 2025).

The existing rule is triggered after 12 months of continuous absence from the territory of the entire European Union.

The draft law rewrites paragraph 6 so that it will apply only to long-term residence. A new paragraph 24 is then introduced, which will apply to permanent residence holders and measure presence in Bulgaria, rather than absence across the EU.

For Bulgarian permanent residence holders, two parameters will change at once:

1) the criterion shifts from “across the whole EU” to “in one country”—Bulgaria;

2) instead of an absence check, there will be a presence test: the foreign national would have to be in the country for most of the year, not merely avoid falling short under the duration-of-absence threshold.

How the investor exemption will be protected—at this stage, it’s unclear

The bill text it replaces states that paragraph 6 contains an exemption for permanent residence obtained through investment. Those grounds are listed in Article 25, paragraph 1 (paragraphs 6–8, 13 and 16), as well as in Article 25g.

At the same time, the December 2025 publication on Bulgarian practice notes that the exemption in a narrower wording may cover only Article 25g.

The rewritten paragraph 6 keeps the exemption, but limits its scope to long-term residence permits. The practical question comes down to a legal detail: can one foreign national simultaneously hold both long-term and permanent residence under Bulgarian rules.

If an investor has obtained both statuses, they would likely remain protected from the “12 months of absence” rule. If, however, the foreign national holds only permanent residence, they would fall outside paragraph 6 and come under the new paragraph 24.

Unlike the current provision, the new paragraph 24 does not provide for exceptions. It offers no protection to investors or to foreign nationals who find themselves outside Bulgaria during a state-declared emergency—whereas for long-term residents, paragraph 6 would preserve such a “safety net.”

Status withdrawal is mandatory, but the usual “safeguards” may not work

Bulgarian immigration practice describes withdrawal under Article 40, paragraph 1 as a measure applied without discretion by the authorities. At the same time, the legal framework includes two conditions that soften the application of the sanction.

First, before introducing a coercive administrative measure, the authorities must assess the length of residence, family circumstances, and the foreign national’s social/cultural ties—this follows from Article 44, paragraph 2.

Second, Directive 2003/109/EC (Article 9(2)) allows member states to disregard long absences in the presence of exceptional circumstances.

However, it remains unclear whether this logic would apply to the new paragraph 24. The directive governs the status of an EU long-term resident, which the bill keeps within the scope of the updated paragraph 6. Meanwhile, Bulgarian “permanent residence” is a national construct, and the bill moves it into a more “domestic” framework without a direct link to the directive.

Investment thresholds are recalculated in euros—but the substance of the requirements stays the same

In Section 11, the bill sets minimum investment amounts in euros at a fixed exchange rate after Bulgaria moves to the euro on 1 January.

For example, BGN 1 million becomes €511,291.88, BGN 2 million becomes €1,022,583.76, and BGN 6 million becomes €3,067,751.29.

Additional figures are also provided: BGN 500,000 equals €255,645.94, BGN 3 million equals €1,533,875.64, and BGN 5 million equals €2,556,459.41. In practice, the thresholds remain the same—the only change is the displayed currency.

The government provides only one brief explanation for the rationale

In the explanatory memorandum, the measure is justified by the “volume” of applications. It states that the increase in residence applications requires conditions that would allow stricter control over the stay of foreign nationals holding permanent status.

At the same time, the document does not emphasize security threats, does not reference pan-European obligations, and does not mention investment routes to obtain status.

The first section of the explanatory memorandum lists grounds related to administrative procedures and regulation: a single permit for residence and work, border checks, accession to Schengen, documents, labor migration, healthcare, and the conversion of fines into euros. Permanent residence is not mentioned in these points—only in the second section as an objective, without a detailed explanation of the underlying reason.

Arton Capital interprets the requirement as a move toward the EU approach

Mo Bennis, Senior Vice President at Arton Capital, noted that the changes are still only a proposal and have not yet been approved. In his view, it continues Bulgaria’s course of aligning with EU practices after the euro transition.

According to Bennis, Brussels has long promoted the idea that permanent residence and citizenship should be based on a real connection to the state. Therefore, he expects EU countries to structure their frameworks in a more comparable way.

On that basis, he called physical presence a “reasonable measure” that strengthens the integrity of the program and its long-term reputation. At the same time, he emphasized that the current draft does not change investors and does not affect existing investment pathways to permanent residence.

However, the bill text shows that the new paragraph 24 applies to any foreign national who has obtained a permanent residence permit and does not specify exceptions for investment-based grounds.

No entry-into-force date and no transitional rules

The bill ends at Section 38, and it does not state when Section 17 will take effect. It also lacks transitional provisions for those who have already obtained a permit, and it does not clarify which specific calendar year would be the first year for the assessment.

Under Article 5, paragraph 5 of Bulgaria’s Constitution, legislative acts enter into force three days after publication in the “State Gazette,” unless otherwise specified.

If read literally, a law published at the end of 2026 could affect the assessment of presence for a year in which the requirement did not yet exist.

Extended residence stays unchanged on timelines

Section 7 changes the grounds for extended residence in Article 24, paragraph 1, but the changes relate only to currency recalculation: BGN 100,000 becomes €51,129.19, BGN 600,000 becomes €306,775.13, and BGN 250,000 becomes €127,822.97.

At the same time, paragraph 24 does not apply to extended permits because it is specifically addressed to permanent residence.

So the requirement is tied to the status that is essentially the “calling card” of the Bulgarian scheme. However, getting permanent residence instantly is not unique to Europe: Malta and Cyprus also have their own programs.

The difference for Bulgaria is that permanent residence can be obtained “from day one.” Mandatory residence is not required, and then—after five years—naturalization becomes possible via a language level test of A1. In Malta and Cyprus, more years of actual residence are typically required for citizenship.

The discussion gathered 14 comments—and none about permanent residence

The public consultation on the bill began on 1 April and ended on 4 May. It was conducted by the Ministry of Interior.

Nine authors submitted a total of 14 comments, including: the Bulgarian Industrial Association, the Association of Industrial Capital in Bulgaria, the Bulgarian Helsinki Committee, and the Employment Agency.

The topics included border control, a single permit, changes for employers, housing for seasonal workers, health insurance, formats for au pair placements, and the rounding of fines in euros. None of the comments addressed the permanent residence residence requirement itself.

Parliamentary stage: the risk is higher than investors may think

At this point, nothing has changed, and it is impossible to guarantee the final outcome. Bills in Bulgaria go through several stages: a committee stage, then a first reading, then revisions, and then a second reading. As a result, the final text often differs from what was initially submitted.

However, the risk assessment is changing. For years, Bulgaria was positioned as a program where one can obtain immediate permanent residence without a requirement for physical presence, and then—after five years—proceed toward citizenship.

Now, the government is explicitly embedding a presence requirement in the draft and stating its intention to tighten control specifically for this category of residents.

It also matters that the measure affects more than investors. Permanent residence is also obtained by spouses of Bulgarian citizens, people of Bulgarian origin, and long-term foreign residents. The new paragraph 24 does not distinguish between categories, and it is this broad scope that is likely to fuel criticism during the committee stage.

Those nearing the five-year mark and potentially eligible to apply for citizenship should pay attention to the parliamentary process quickly: if the status is withdrawn, the clock for eligibility for naturalization could reset.

If you’re considering Bulgaria Golden Visa, watch the updates closely: the government proposes linking permanent residence to actual presence and revoking status if you stay away longer than the allowed period. To plan your immigration route in advance and avoid scenarios that may no longer fit, the team at Digital Nomad can help you assess risks and build a clear next-steps strategy.

Our Telegram channel about various types of Greek residence permits, digital nomad programs, and the Greek Golden Visa: @digitalnomadgr