Bulgaria

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Update from June 2022:

For the first time Bulgaria included stateless people in its census carried out in September-October 2021 (results will be published by the end of 2022). There is still no reliable figure for the total stateless population in Bulgaria. The Ministry of Interior confirmed that in Jan-March 2021, 5 people were granted statelessness status in Bulgaria, 14 were granted in 2020, and 26 in 2019. In Jan-Dec 2021, 60 people recorded as ‘stateless’ sought asylum in Bulgaria.

Amendments to the SDP were introduced in 2021. In March, additional grounds for refusal of recognition as a stateless person came into force with the effect that statelessness status is now refused to people who have been issued a removal order for irregular stay. In July, the Implementing Rules to the Law on Foreign Nationals were amended to clarify that if an SDP applicant cannot provide a birth certificate or proof of legal residence in Bulgaria, they can indicate the reasons for this. As of 2021, the SDP is now suspended automatically when the applicant has also applied for international protection or has been granted international protection, regardless of whether statelessness could be determined without having to consult the authorities of the country of origin. A further change in 2021 requires that a removal order must now indicate a country of removal. However, the law also gives the authorities the option to change the country of removal where there are ‘valid reasons’ for this, depriving people of procedural safeguards to challenge a change to the country of removal in court.
A case was heard by the Court of Justice of the European Union in early 2021 of a child born abroad to a Bulgarian mother and a British mother. The Bulgarian authorities refused to issue a Bulgarian birth certificate that recognised the parenthood of both mothers, even though this left the child at risk of statelessness. The Court ruled in favour of the child and ordered the Bulgarian authorities to register the child.

New resources on Bulgaria now available include:

2021 Statelessness Index Survey
Blog: Protecting the right to a nationality for children of same-sex couples in the EU – A key issue before the CJEU in V.M.A. v Stolichna Obsthina (C-490/20) (Feb 2021)
Brochure: Procedure for granting status to a person without citizenship (AE, BG, EN, RU)
Briefing: Children at risk of statelessness: Registration of birth and acquisition of citizenship (2021) (BG)
Briefing: Stateless persons – burden of proof (2021) (BG)
Briefing: Access to healthcare for refugees and stateless persons during a pandemic (2021) (BG)
Country briefing on access to protection for stateless refugees from Ukraine in Bulgaria (June 2022)

Bulgaria introduced a statelessness determination procedure (SDP) in 2017 with some positive elements, including appeal rights and some limited procedural rights. But there is a high standard of proof in statelessness cases and the burden of proof lies with the applicant. Access to free legal aid and the right to an interview are limited in practice due to language and other barriers. There is no lawful stay requirement to access the procedure, but there is no automatic legal admission nor support entitlement for applicants, so there is a risk of detention while their claims are considered. Since 2021, a person issued with a removal order for irregular stay will automatically be refused statelessness status. The determination of statelessness does not guarantee protection status, but there is the possibility for a recognised stateless person to acquire a residence permit and some minimal rights; however, this excludes the right to access the labour market and to have health insurance.

Stateless people are at risk of arbitrary detention, due to gaps in the legal framework and lack of a referral mechanism from detention to the SDP. Procedural safeguards, including legal aid and remedies as well as provision of information to detainees, are set in law, but rarely implemented in practice and have been particularly impacted during the COVID-19 pandemic. Positively, there are safeguards in nationality law to prevent statelessness including in the case of children born in Bulgaria who would otherwise be stateless and foundlings. However, there is a potential risk of statelessness during the adoption process for a foreign child adopted by Bulgarian nationals. Risks have also been identified for children born to Bulgarians abroad where births have not been registered or birth certificates are not recognised by the Bulgarian authorities, particularly in the case of Roma and same-sex parents. Deprivation of nationality is clearly prohibited by law where it would result in statelessness, but there are no remedies if the law is applied incorrectly.

Information below by theme was last updated in March 2021.

Last updated:

Mar 2021

Next scheduled update:

Mar 2022

Country expert(s):

Valeria Ilareva, Foundation for Access to Rights (FAR)

Additional resources

Country survey data (2021)

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ADDITIONAL INFO

NORMS & GOOD PRACTICE

International and Regional Instruments

Assesses whether countries are State party to the relevant international and regional instruments, including whether reservations have an impact on statelessness, and whether instruments are incorporated into domestic law. The four core statelessness treaties (1954 Convention relating to the Status of Stateless Persons; 1961 Convention on the Reduction of Statelessness; European Convention on Nationality; Council of Europe Convention on the Avoidance of Statelessness in Relation to State Succession) carry more weight than other relevant human rights instruments in the assessment.

Bulgaria is state party to three of the core statelessness conventions: 1954 Convention, 1961 Convention, and the European Convention on Nationality. It retains important reservations to both the 1954 Convention and the European Convention on Nationality, although the Bulgarian Government withdrew its reservation to Article 31 of the 1954 Convention in 2020 following a pledge to do so at UNHCR’s High Level Segment on Statelessness in 2019. Bulgaria is party to most other relevant instruments except for the Convention on the Rights of All Migrant Workers and Members of their Families.

The 1954 Convention

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Bulgaria is state party to the 1954 Convention, and it has direct effect. However, it retains a number of reservations that have an impact on the rights of stateless people in the country.
Bulgaria withdrew its reservation to Article 31 of the Convention in 2020, and has pledged to consider withdrawing other reservations.

The 1961 Convention

Bulgaria is state party to the 1961 Convention with no reservations, and it has direct effect.

Other Conventions

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Bulgaria is state party to the European Convention on Nationality, but it retains reservations impacting on the rights of stateless people.
Bulgaria is not State Party to the Europe Convention on the Avoidance of Statelessness in Relation to the State Succession.
Bulgaria is state party to all other relevant international treaties with no reservations, except for the Convention on the Rights of All Migrant Workers and Members of their Families.

Statelessness Population Data

Examines the availability and sources of disaggregated population data on statelessness. Provides recent figures and assesses reliability of measures countries have in place to count stateless persons, including in the census, population registries, and migration databases. Notes whether statelessness has been mapped in the country and whether there are sufficient measures in place to count stateless persons in detention.

Bulgarian national statistics do not currently report data on stateless people as a separate category, though the Government has included a new ‘stateless’ category in the 2021 census, and there is currently a category ‘third country nationals, stateless persons & unknown citizenship’. Different government departments collect and hold some data on asylum applicants, acquisition of nationality, and lawful residents, which may be acquired through freedom of information requests. However, statelessness has never been comprehensively mapped in Bulgaria, there is no qualitative or quantitative analysis, and official figures are unreliable as, in practice, country of origin and nationality are often conflated by officials. Some data on the number of stateless people in immigration detention is collected and held by the Government but this is not published.

Availability and sources

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Bulgaria does not currently report data under a separate ‘stateless’ category in National Statistics. The only relevant category is "Non-EU third country nationals, stateless persons and unknown citizenship". However, it will include a separate ‘stateless’ category in its 2021 census.
Some data on stateless people and people with unknown nationality is collected and held by the Ministry of the Interior, the State Agency for Refugees and the Ministry of Justice, but this is not routinely published.
Through freedom of information requests it is possible to acquire data from the Migration Directorate on the number of lawful residents who are recorded as stateless or of unknown nationality’; from the State Agency for Refugees on stateless asylum seekers and beneficiaries of international protection; and from the Ministry of Justice on the number of stateless people who have acquired Bulgarian nationality.
According to the State Agency for Refugees, 21 stateless people sought asylum in Bulgaria between 1 January and 31 October 2020; refugee status was granted to one stateless person; and subsidiary protection was granted to seven stateless people.
There is no quantitative or qualitative analysis of statelessness and no disaggregation of data by sex and age. Statelessness has not been comprehensively mapped in Bulgaria.
In the 2019 Global Trends report, UNHCR reported that there were 116 people under its statelessness mandate in Bulgaria.
The number of stateless people is likely to be underreported as those without legal residence are not recorded in the statistics, and people may be assigned a nationality based on country of origin by the authorities when recording nationality status.
Under its partnership agreement with UNHCR, Foundation for Access to Rights (FAR) provided free legal aid to 48 stateless people in 2020.

Stateless in detention data

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The Ministry of Interior holds data on the number of stateless people in immigration detention but does not publish this. For example, in freedom of information requests the Ministry has stated that 31 stateless people were held in immigration detention in 2015, and 3 people 'who identified themselves as stateless' were held in immigration detention in 2017. The reliability of this data is questionable as there are inconsistencies and people may be assigned a nationality on entering detention based on country of origin or historical or cultural links.
There is no data on the number of stateless people released from immigration detention.

Statelessness Determination and Status

Identifies whether countries have a definition of a stateless person in national law that aligns with the 1954 Convention, and whether they have a dedicated statelessness determination procedure (SDP) leading to a dedicated stateless status. If an SDP is not place, it assesses whether there are other procedures in which statelessness can be identified or other routes through which stateless people could regularise their stay or access their rights. Countries are subdivided in three groups to enable comparison between those with an SDP leading to protection, those with other procedures, and those with a stateless status but no clear mechanism to access protection. The existing procedures and rights granted to stateless persons are examined and assessed against international norms and good practice.

The definition of a stateless person and exclusion provisions in Bulgarian law mean that the interpretation of who is stateless in Bulgaria is narrower than the 1954 Convention. Bulgaria has a dedicated statelessness determination procedure, but the granting of residence and rights to people recognised as stateless under the procedure is subject to further conditions. Positively, there is no time limit for access to the procedure, no fee, there is a right to an interview and an appeal, free legal aid is provided by NGOs, and there is cooperation between asylum and SDP decision-makers. However, an application can only be made in writing in Bulgarian, the burden of proof lies with the applicant and the standard of proof is higher than in asylum procedures. Decisions are given in writing with reasons within six months, although in practice there have been cases of 'silent rejections' whereby no acknowledgement or extension is communicated within the timeframe. There is no protection during the SDP so applicants have no access to basic services and may be detained during the procedure. A recognised stateless person may apply for a renewable one-year residence permit subject to certain conditions.

Definition of a stateless person

The Law on Foreign Nationals has a definition of a stateless person. However, the wording 'in accordance with its legislation' is narrower than the definition in the 1954 Convention (‘under the operation of its law’.
De-facto exclusion provisions in the Law on Foreign Nationals are not in line with the Convention as they require lawful residence, although a cumulative condition was added to the law in 2019 to limit the de-facto exclusion of people who are considered stateless.
On 26 February 2021, negative amendments in the Law on Foreign Nationals in the Republic of Bulgaria were adopted that introduce additional grounds for refusal in the SDP. The new law, in force as of 15 March 2021, provides that statelessness status will be refused to people who have held an identity document that has not been renewed or who have been issued a removal order for staying irregularly. Refusal grounds also include lack of means of subsistence and compulsory insurance during the procedure, or having been convicted of a crime punishable by at least one year. These amendments constitute a major step backwards in the protection of stateless people in Bulgaria.

Training

Regular training is provided to staff responsible for examining SDP applications by UNHCR and statelessness is included in general training provided by UNHCR to employees of the Border Police and the Directorate of Migration.
The National Institute of Justice reports that its training for judges, court clerks and experts on refugee law and the implementation of the Law on Foreign Nationals in the Republic of Bulgaria includes the topic of statelessness.
The National Training Centre for Lawyers does not provide training on statelessness, although FAR has carried out training for lawyers in Bulgaria.

Existence of a dedicated statelessness determination procedure (SDP)

Bulgaria has a dedicated statelessness determination procedure established in law.
The competent authority is explicitly the Director of the Migration Directorate at the Ministry of Interior. Applications may also be submitted regionally before the Regional Directorates of the Ministry of Interior.

Access to the procedure

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Statelessness determination is the specific objective of the procedure.
The law states that applicants should be informed about their rights and obligations during the procedure and must sign a protocol to this effect. The information provided does not explain the application process.
Applications must be submitted in writing, in Bulgarian (or, if in another language, translated into Bulgarian by a certified translator), on a specific form and cannot be initiated ex-officio.
There is no fee envisaged in law and no lawful stay requirement or time limit to access the procedure, but access has been hindered in practice by the risk of detention faced by applicants.
There is an obligation in law on the authorities to consider the application.
There is cooperation between agencies that may have contact with stateless people, and the law provides for the SDP to be suspended until a final decision on asylum determination is made, but there is no referral mechanism in place.
In practice, cases have been reported of the Migration Directorate discontinuing the SDP if the applicant cannot present documents within a very short given timeframe (usually three days).

Assessment

The law requires the applicant 'to prove or justify his position as a stateless person', meaning that the burden of proof lies with the applicant, though it could be argued that the competent authority is obliged to clarify relevant facts before issuing a decision.
The standard of proof is higher than in the asylum procedure ('prove or substantiate'), whereas there is a provision in the Law on Asylum and Refugees recognising that lack of evidence cannot be grounds for refusal of protection.
There are protective measures in place under the Law on Foreign Nationals and the Law on Child Protection for unaccompanied minors and minors, but not for other groups.
The Government considers the legal framework (Law and Implementing Rules) to constitute guidance for decision makers. There is no additional policy guidance in place.

Procedural safeguards

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Free legal aid is provided by NGOs and for certain aspects of the process by the Government, but access is hindered in practice due to language barriers, lack of awareness, and cumbersome procedures. Foundation for Access to Rights (FAR) provides free legal aid to applicants for stateless status under a partnership agreement with UNHCR.
Applicants have the right to an interview and are informed in writing of the date, time and place of interview.
General administrative rules provide the right to an interpreter, but the applicant bears the cost. The Migration Directorate states that interpreters are provided to SDP applicants under the Law on the Ministry of Interior, but in practice, it is unclear.
Access to UNHCR is guaranteed during the procedure: UNHCR may access the applicant's file and attend interviews.
There is no evidence of the Government undertaking quality assurance audits.
There is no formal referral mechanism between the asylum procedure and the SDP, but the procedures are linked in law in order to protect from contact with authorities of the country of origin if an asylum procedure is initiated.
The Code on Administrative Procedure requires that decisions are given in writing with reasons. There is a time limit set in law of six months with a possible extension by two further months in complex cases.
In practice, positive decisions have been made within this timeframe since the SDP was introduced, but in other cases, no decision has been made within the timeframe and the applicant has not been informed of an extension, constituting 'silent rejection' under Administrative Procedure Rules.

Protection during the procedure

There is no automatic legal admission for SDP applicants while their claim is being processed.
If applicants have no other right to legal residence, they have no right to work nor support.
If the applicant has no other right to legal residence, they may be detained for up to 18 months for the purpose of removal or for up to 30 days for the purpose of identification.
Amendments to the Law on Foreign Nationals adopted on 26 February 2021 introduce additional grounds for refusal in the SDP, including lack of means of subsistence and compulsory insurance during the procedure and lack of financial means to return.

Appeals

The applicant has the right to lodge an appeal before the court within 14 days of the notification of the decision, and then to appeal a first-instance court decision to the supreme court.
There is a fee for the appeal that can be waived if the applicant has no financial means, however, the fee significantly increased in 2019 from 5 BGN (3 EUR) to 70 BGN (36 EUR) to appeal a court judgement and 30 BGN (15 EUR) to appeal a court ruling.
Legal aid for appealing a negative decision is envisaged in the law and NGOs provide legal assistance.
There is some evidence of errors in decision-making in Palestinian cases, which the Migration Directorate automatically reject on grounds that the Bulgarian Government recognises the State of Palestine. Palestinian cases are not examined thoroughly on an individual basis and enquiries are not made to clarify applicants’ nationality status.

Statelessness status

Recognition of stateless status does not lead to automatic legal residence. The possibility of applying for a one-year renewable residence permit was introduced in law in 2019. However, to apply for the permit, in addition to being recognised under the SDP as a stateless person, an individual must also meet general requirements for residence, including paying a fee of 500 BGN (250 EUR) and providing proof of subsistence, accommodation and medical insurance.
If granted, the residence permit protects the stateless person from detention, but it does not grant access to other rights including the right to work or healthcare. After five years of continuous residence, the individual may apply for permanent residence.
Under separate provisions, there is a legal possibility for regularisation for a limited group of people if they were born in Bulgaria or entered prior to December 1998, have stayed since that date, and are from a former Soviet Republic that does not recognise their nationality.
A stateless person recognised under the SDP who already has long-term or permanent residence may only be issued a renewable travel document for a minimum of three months and maximum of two years.
There are no family reunion provisions specific to people recognised as stateless, but stateless people holding a residence permit will be entitled to family reunion rights consistent with that permit.
Stateless status may be withdrawn if there is written evidence that it was acquired under false pretences.
No rights to education derive from stateless status, although all children under 16 years old in Bulgaria have a right to education, but if they do not have a residence permit, they would be unable to acquire any school diploma or certification.
Stateless people are not permitted to vote in national or local elections, nor stand for election, nor join political parties in Bulgaria. Voting rights are reserved to Bulgarian nationals over 18.

Detention

Analyses law, policy and practice relating to immigration detention generally, but focusing on protections in place to prevent the arbitrary detention of stateless people during removal and deportation procedures. Subthemes examine areas such as the identification of statelessness and assessment of whether there is a reasonable prospect of removal, procedural safeguards such as time limits, judicial oversight, and effective remedies, as well as the rights granted to stateless people upon release from detention and protection against re-detention.

There are limited safeguards against the arbitrary detention of stateless people in Bulgaria, as there are gaps in the legal framework and there is no routine referral to the SDP. The law provides that detention should be a last resort, but in practice people with irregular residence status are almost automatically subject to removal and detention orders upon identification. Although alternatives to detention are established in law they are not considered in practice prior to detention. Some procedural safeguards are in place, but these are often not implemented in practice, and have been particularly impacted by the COVID-19 pandemic in 2020. The law provides that detainees must be informed in writing of the reasons for detention, but in practice this is given in Bulgarian only and interpreters are rarely present, so there is a lack of awareness about legal aid and available remedies. People released from detention are not routinely issued with documentation and have no access to other rights. Provisions in bilateral return agreements explicitly allow for stateless people to be returned, but practice is unclear.

Immigration detention

Powers for immigration detention are provided for in law, but since the introduction of short-term detention (up to 30 days) in 2016, the purposes go beyond ECHR 5(1)(f) and include 'conducting initial establishment of identity and assessing subsequent administrative measures to be taken'.
A proposed country of removal does not need to be identified prior to detention for the purpose of removal, and in practice the detention order mentions only the 'country of citizenship'. Amendments to the Law on Foreign Nationals passed on 26 February 2021 introduce a requirement to indicate the country of removal, but they also give the authorities the power to change the country of removal without procedural safeguards.
The General Directorate of Border Police in a freedom of information request confirmed that a detention order may be issued to a stateless person, 'after taking relevant circumstances into consideration'.
Access to the SDP is in theory possible from detention, but referral mechanisms are not in place and stateless people are detained in practice.
The law provides that detention should be a last resort, but in practice people with irregular residence status are almost automatically subject to removal and detention orders upon identification.
Vulnerability assessments are carried out prior to detention, but statelessness is not considered to be a factor increasing vulnerability.

Identification of statelessness

coming soon

Information and analysis coming soon

Procedural safeguards

Bulgaria has relatively strong procedural safeguards in place in law, but there are gaps in implementation and practice, and safeguards were significantly impacted during the COVID-19 pandemic in 2020.
A maximum time limit on detention for removal purposes is set in law at 18 months or 30 calendar days for 'short-term detention'.
The law provides that detainees must be informed in writing of the reasons for detention, but in practice this is given in Bulgarian only and interpreters are rarely present. Detainees are provided with contact information for organisations providing legal assistance and UNHCR has produced a video with information about how to apply for asylum to be shown in detention centres. The law states that the grounds for detention should be reviewed every month by the Migration Directorate, but in practice this rarely happens, and the burden of proof is often shifted onto the detainee to produce evidence for why they should no longer be detained.
The law provides for a right of appeal against the detention order within 14 days, but the timeframe starts from the date of detention rather than the date the detainee receives the detention order. In practice there are many barriers, including that the detention order is in Bulgarian, so there is a lack of awareness about available remedies.
A right to free legal aid is provided for in law but there are many practical obstacles, including lack of awareness, the need for detainees to seek legal representation, cumbersome procedures for accessing legal aid, and language barriers.
There is no guidance in law governing the process of redocumentation and ascertaining nationality.
In theory detainees have access to the SDP but there is no referral mechanism.
Measures taken to prevent the spread of COVID-19 in 2020 have had a significant impact on the rights of people held in immigration detention in Bulgaria. During the state of emergency from 13 March to 13 May 2020, all court hearings were postponed, suspending the right to speedy judicial review of the lawfulness of detention. As of 2020, all detainees undergo a 14-day quarantine, which overlaps with the 14-day period to appeal a detention order, significantly impacting on the ability to contact and meet with legal representatives.

Protection on release

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The state does not issue identity documents nor legal status to people released from detention, so they have no protection from re-detention, and no access to social security, housing, education or healthcare.
Cumulative time spent in detention counts towards the time limit of 18 months. However, FAR provided legal advice to a stateless person who had been detained for a prolonged period of time in 2006-7 and was re-detained in 2020.
Since 2019, there is a regularisation option for unaccompanied minors who have been refused asylum or never submitted an asylum application and cannot be returned, allowing them to receive a ‘continuous’ residence permit until they turn 18. They may then receive a further ‘continuous’ residence permit on humanitarian grounds.

Return and readmission agreements

There are provisions in bilateral return agreements that explicitly allow for stateless people to be returned, though it is not clear whether this has happened in practice. The Migration Directorate identified one case in a freedom of information request, but the person had residence status in the EU country to which they were being returned.

Prevention and Reduction

Assesses the adequacy of safeguards in nationality laws to prevent and reduce statelessness, including facilitated routes to naturalisation for stateless people, and protections for otherwise stateless children born on the territory or to nationals abroad, foundlings and adopted children. Examines law, policy, and practice on birth registration, including access to late birth registration, and reduction measures taken by States to prevent and reduce in situ statelessness. Analyses provisions on deprivation of nationality and whether there are safeguards related to renunciation and deprivation of nationality to prevent statelessness from occurring.

Bulgaria has relatively strong legal safeguards in its nationality law to prevent childhood statelessness. Children born on the territory automatically acquire Bulgarian nationality if they would otherwise be stateless. Children born to Bulgarian parents abroad and foundlings also acquire nationality automatically at birth. However, there are reported cases of barriers to acquisition of nationality for children born to Roma and same-sex parents abroad due to missing birth certificates or refusal to recognise parenthood. In the case of adoption of a foreign child by Bulgarian nationals, there is a potential risk of statelessness as the child must apply for nationality before the age of 18. Birth registration takes place within seven days of birth and late registration is possible in law and practice, although a court procedure is required if more than a year has passed since birth. Cases of health services reporting undocumented migrants to the immigration authorities may constitute a barrier to civil registration in practice for some high-risk groups. Deprivation of nationality is provided for in law and is not permitted if it results in statelessness. However, there are no remedies and, therefore, no possibility for review as to whether the law was correctly applied.

Naturalisation

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The Law on Bulgarian Citizenship provides that stateless people are entitled to apply for naturalisation after holding long-term or permanent residence for three years, which is reduced from the standard five years.
There are no other exemptions based on stateless status – an income and language test are required. The language test to determine proficiency in the Bulgarian language is free of charge for all foreign nationals. There is a fee to make an application for naturalisation of 100 BGN (50 EUR) for adults and 10 BGN (5 EUR) for children and students up to the age of 26.
A criminal conviction for 'a premeditated crime of a general nature' may be an obstacle to acquiring Bulgarian nationality unless the applicant is rehabilitated.

Stateless born on territory

According to the law, every person born on the territory of the Republic of Bulgaria who does not acquire another nationality by origin, is a Bulgarian national by birth.
The provision is automatic ex lege so no application process is required and there are no conditions relating to the status of the parents or residency.
However, the child may need to prove that they cannot acquire another nationality and jurisprudence has established that notarised statements from the parents is not sufficient evidence.
There is no obligation on the authorities to examine whether the child can acquire a nationality at birth and cases have been reported in practice of children who may be stateless not being identified when the mother cannot confer her nationality.

Foundlings

Foundlings acquire Bulgarian nationality automatically by law.
Bulgarian nationality can only be withdrawn if acquired through naturalisation and not by birth as in the case of foundlings.
There is no provision in law relating to an age limit for foundlings.

Adoption

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Adoption does not change the nationality of the child.
A foreign child can apply for Bulgarian nationality up to the age of 14 with the consent of the adoptive parents in the case of full adoption and will be exempted from the general requirements for naturalisation. The child can apply themselves if aged 14-18 years.
There is a risk of statelessness in the procedure if the child or parents do not apply or consent to apply for naturalisation, or if there is a delay on the part of the authorities, and the child loses their former nationality or is stateless on adoption.

Ius sanguinis

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A child is Bulgarian if one of their parents is Bulgarian. There are no further conditions on acquisition of nationality by descent.
However, cases have been reported of children of Bulgarian Roma and same-sex parents born abroad being at risk of statelessness. For example, in 2020 it was brought to the attention of FAR that some Roma children born abroad and brought back to Bulgaria as babies have issues proving their Bulgarian nationality because their birth was never registered in the population registry of Bulgaria, nor in the country of birth. A case was heard by the CJEU in early 2021 of a child born abroad to a Bulgarian mother and a British mother. The Bulgarian authorities refused to issue a Bulgarian birth certificate that recognised the parenthood of both mothers, even though this left the child at risk of statelessness.

Birth registration

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According to the law, a birth certificate must be issued by the authorities to all children within seven days of the birth recording the names, dates of birth, personal identification number and nationality of the parents.
In practice, if parents do not have a personal identification number, birth registration still takes place and the certificate is issued without the personal ID number.
There is no legal requirement on health authorities to report undocumented migrants, but there are cases of this happening in practice, which can constitute a barrier to civil registration.
Late birth registration is provided for in law and possible in practice after the seven-day deadline, but if more than a year has passed since birth, the certificate can only be issued following a court ruling.
The child's nationality is recorded on the birth certificate, but the legal order for birth registration does not envisage an obligation for authorities to examine whether the child can acquire the nationality of the country that is recorded in the birth certificate. In most cases, the authorities automatically register the child with the same nationality as the mother. Some municipal authorities have adopted a practice requiring a notarised declaration signed by both parents in which they decide the nationality of the child. However, this is not based on law and practice is inconsistent.
There is a legal framework under the Code on Civil Procedure for determining the child's nationality and enabling parents to correct errors in the birth certificate later, but there is limited practice so far.
There are reports of discriminatory practices against children born abroad to same-sex parents, as the authorities refuse to issue a Bulgarian birth certificate that includes both parents of the same sex.

Reducing in situ statelessness

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The Government does not have any programmes in place to promote birth registration.
Undocumented migrants in an irregular situation may be at risk of not accessing birth registration due to fear of contact with the authorities.
Cases have been reported of Romani people in Bulgaria who are unable to renew their ID documents because they cannot meet the requirement to provide a registered address. This puts them at risk of statelessness, as, although by law they are Bulgarian nationals, they are unable to prove their nationality and consequently unable to access basic rights such as healthcare, social security, and access to the labour market. It also impacts on their ability to register the births of their children, potentially passing on the risk of statelessness to their children.
The Government has taken steps to improve law, policy and practice to protect stateless people and prevent and reduce statelessness in recent years, including introducing a provision providing a route to regularisation for long-term residents of Bulgaria who were formerly citizens of the USSR; introducing a statelessness determination procedure in 2018 and improvements to this in 2019; pledging to address remaining gaps at the UNHCR High Level Segment on Statelessness in October 2019; and withdrawing its reservation to Article 31 of the 1954 Convention in 2020.

Deprivation of nationality

By law, provisions relating to deprivation of nationality are not permitted where it would result in statelessness. However, there are no remedies against Presidential decrees, so if the safeguard against statelessness is not observed or the risk of statelessness is not identified, there is no way to challenge this.
The President is the competent authority in cases of deprivation of nationality and has delegated these powers to the Vice President.
There are safeguards to prevent statelessness arising through voluntary loss or renunciation of nationality, although these are insufficient. There are conditions that must be met if a Bulgarian renounces (or is deprived of) their nationality and then requests for it to be restored, which means those who cannot meet these conditions could be rendered stateless.
There are provisions permitting deprivation of nationality on grounds of national security in the case of naturalised nationals.
Deprivation of nationality provisions are applied in practice. For example, 1062 cases of 'release from Bulgarian citizenship' and 103 cases of revocation of naturalisation were issued between 2012 and 2017.

Resources

Library of resources, legal instruments, publications and training materials on statelessness, specifically relevant to this country. More regional and international materials, as well as resources from other countries, are available on the Resources library. Domestic case law can be consulted in the Statelessness Case Law Database (with summaries available in English).

Please note that we are in the process of adding new resources, so check back soon.

International and regional treaties

United Nations - Convention relating to the Status of Stateless Persons (Jan 1954)

Council of Europe - European Convention on Nationality (Nov 1997)

Council of Europe - Convention on the Avoidance of Statelessness in relation to State Succession (Jan 2006)

United Nations - Convention on the Reduction of Statelessness (Jan 1961)

Caselaw

European Court of Human Rights - Auad v. Bulgaria (Oct 2011)

Publications

European Network on Statelessness - Thematic briefing: Birth registration and the prevention of statelessness in Europe (Jul 2020)

FAR, ENS and ISI - Joint Submission to the Human Rights Council at UPR36 - Bulgaria (Oct 2019)

European Network on Statelessness - Statelessness determination and protection in Europe (Sep 2021)

Court of Justice of the European Union - Kadzoev, C-357.09 PPU (Nov 2009)

Bulgaria

Additional resources

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