LAW ON BULGARIAN NATIONALITY

(Zakon za bulgarsko podanstvo)

(Promulgated on Jan. 5, 1904; amended and supplemented on Dec. 8, 1911)

Chapter I. General Provisions.

Art. 1. Bulgarian nationality gives a right to the exercise of all civil rights. Political rights are acquired and enjoyed in conformity with the Constitution and the Election Law.

Art. 2. Are considered Bulgarian subjects all persons who, upon the establishment of the Kingdom of Bulgaria, had their domicile therein or have thereafter been born within the limits of its territory.

Art. 3. Are considered Bulgarian subjects also all persons who, after the establishment of the Kingdom of Bulgaria, shall, in conformity with the provisions of this law, be naturalized.

Art. 4. Bulgarian nationality shall be acquired by birth, by naturalization, and by marriage.

Chapter II. Nationality by Birth

Art. 5. Bulgarian subjects by birth are:

(1) Every person born of a Bulgarian subject within Bulgarian territory or abroad. Every illegitimate child whose parents are established during his (her) minority, either by voluntary recognition or by judgment, follows the nationality of the parent whose nationality has first been established. If the father and mother have been recognized by the same act or the same judgment, the child acquires the nationality of the father.

(2) Every person born within Bulgaria of unknown parents or of parents whose nationality is unknown, and

(3) Every person born within the Kingdom of a foreigner and who, at the time of attaining his majority, is domiciled within the Kingdom unless, during the year following his majority, as provided by the laws of the Kingdom (twenty-one years of age), he has repudiated Bulgarian nationality and has proved by a certificate of his own government that he has preserved the nationality of his parents and also, if necessary, a certificate showing that he has complied with the requirements of the law of military service of the country of his parents.

Art. 6. Every person born within Bulgaria of a foreigner and who has no domicile within her territory at the time of attaining his majority may, before attaining the age of twenty-two years, make a declaration that he will establish his permanent domicile in Bulgaria, and, if in reality he does so during one year after filing his application, he has the right to apply for the recognition of Bulgarian nationality by means of an application which shall be filed with the Ministry of Justice. If the person has not completed twenty-one years of age, the application may be filed, in his name, by his father; in case of the death of his father, by his mother; in case of the death of both the father and mother or of their being dismissed from the guardianship, by the guardian, authorized by the relatives' council. The person in question also acquires Bulgarian nationality, if, after his name has been included in the military (labor) conscription list, he presents himself before the proper conscription military (labor) commission for due examination without invoking his foreign nationality.

Art. 7. Every person born within Bulgaria or abroad of parents, one of whom has lost his Bulgarian nationality, may acquire the latter nationality at any age during his lifetime under the condition mentioned in the preceding article unless, being domiciled in Bulgaria and called to the military (labor) colors, he has invoked his foreign nationality.

Art. 8. (Abrogated, Dec. 8, 1911). Every person of foreign nationality but of Bulgarian extraction becomes a Bulgarian subject as soon as he establishes his permanent domicile within the Principality and files an application with the Ministry of Justice to the effect that his intention is to make his permanent home within Bulgaria.

Chapter III. Nationality by Naturalization

Art. 9. Bulgarian nationality by naturalization can be acquired by:

(1) Foreigners to whom a permit has been given to establish their domicile within the Kingdom in conformity with Art. 14 of the present law, after three years of residence therein up to the filing of his application with the Ministry of Justice;

(2) Foreigners who can prove ten years continuous residence within the Kingdom. Residing abroad and holding office on behalf of the Bulgarian Government is equivalent to residing within the Kingdom.

(3) Foreigners to whom a permit has been given to establish their permanent domicile within the Kingdom, after one year of residence if they have rendered some meritorious service to the State or have brought into it famous talents or have furthered some industry or have made some beneficial inventions or have created some manufacturing or other institution;

(4) Foreigners married to Bulgarian women, also after one year following the permit given to them to establish their permanent domicile within the Kingdom, and

(5) Foreigners of Bulgarian extraction, also after one year following the permit given to them for the establishment of their permanent domicile within the Kingdom. This provision is not applicable to those foreigners of Bulgarian extraction who have passed the age of military conscription and have not fulfilled their military (labor) service in their own country or in Bulgaria.

Art. 10. The naturalization of the foreigners mentioned in the preceding article, who, in compliance with the rules of Chapter VI, file their application, is granted by a king's decree (tsarski ukase) on the representation of the Minister of Justice, after the necessary information of the moral character of every person be obtained.

Art. 11. The wife of a foreigner who becomes a Bulgarian subject by naturalization, as well as his adult children, may, if they desire, acquire Bulgarian nationality without having the prescribed period of residence either by the decree which gives that nationality to the father or mother, or as a consequence of the application which is made according to the provisions and under the conditions of Art. 6 of the present law. Bulgarian nationality is acquired also by the minor children whose father and mother, or either the father or the surviving mother, has been naturalized as Bulgarian subjects unless during the year after attaining their majority they decline that nationality in conformity with the provisions of Art. 5, par. 3.

Art. 12. Persons who acquire Bulgarian nationality in the modes provided for in Arts. 6, 7, 16 and 18, may enjoy only those rights pertaining to the Bulgarian citizens and which shall come into existence after their obtaining Bulgarian nationality.

Art. 13. Any foreigner who has acquired Bulgarian nationality by naturalization shall enjoy all civil and political rights pertaining to the Bulgarian citizens. He shall, however, be ineligible to membership in the National Assembly until after the expiration of fifteen years from the date of his acquisition of Bulgarian nationality. (Modified, March 11, 1904). This period is diminished to ten years for those who have acquired Bulgarian nationality by virtue of Art. 9, par. 3. This period may by law be diminished to three years. Bulgarians who reacquire Bulgarian nationality, after having lost it, immediately enter upon the enjoyment of all civil and political rights as well as the right to election as a member of the National Assembly.

Art. 14. A foreigner, to whom a permit has been given to settle within the Kingdom, enjoys all civil rights. The effect of such a permit ceases after the expiration of five years, provided the foreigner has not applied for naturalization or his application in this respect has been denied. In case of his death before the naturalization requested, his wife and children who were minors at the time of granting the permit are given the benefit of the permit and the time of residence accrued. Permit of permanent domicile is granted by a king's decree on the representation of the Minister of Justice.

Chapter IV. Nationality by Marriage

Art. 15. Every foreign woman who has married a Bulgarian subject acquires Bulgarian nationality. After the termination of the marital relation, she may repudiate her Bulgarian nationality by a special application made in compliance with the rules laid down in Art. 30 of the present law.

Art. 16. A Bulgarian woman who marries a foreigner acquires the nationality of her husband unless the marriage does not, according to the law of the country of which her husband is considered a national, confer upon her the nationality of the latter. If the marital relation terminates by the death of the husband or by divorce, she may acquire Bulgarian nationality by a special king's decree, provided she resides in Bulgaria or returns to establish her domicile therein in case she resides abroad. In case the marital relation terminates by the death of the husband, Bulgarian nationality may be conferred upon her minor children by the same decree by which their mother reacquires her Bulgarian nationality, on the application of the mother, or by another subsequent decree if the application has been made by the guardian with the approval of the relatives' council after the reacquisition of Bulgarian nationality by their mother.

Chapter V. Loss of Nationality

Art. 17. Bulgarian nationality is lost:

(1) By every Bulgarian who is naturalized in a foreign country or by his voluntary application acquires foreign nationality in compliance with the present law. If he has not performed his military (labor) service required by law, his naturalization abroad does not divest him of Bulgarian nationality unless it has been authorized by the Bulgarian Government;

(2) By every Bulgarian who repudiates his Bulgarian nationality in cases provided for in Art. 5, par. 3 and Arts.11 and 18.

(3) By every Bulgarian who, having accepted public office of a foreign government, does not comply with the order of the Bulgarian Government to leave that office in a given period of time, and

(4) By every Bulgarian who, without the permission of the Bulgarian Government, accepts a military office of a foreign country, independently of the punishment which may be imposed upon him by the military penal law for his delinquency.

Art. 18. A Bulgarian subject who has lost his Bulgarian nationality may reacquire it by a king's decree, provided he resides in Bulgaria. Bulgarian nationality may be conferred upon his wife and children who are of age, if they so apply. The minor children of the father or mother, who reacquires Bulgarian nationality, also acquire Bulgarian nationality unless, during the year following their majority, they repudiate that nationality in compliance with the provisions of Art. 5, par. 3.

Art. 19. A Bulgarian who, without the permission of the Bulgarian Government, accepts a military office of a foreign country can not return to Bulgaria except by the permission granted by a king's decree, nor can he reacquire his Bulgarian nationality unless he complies with the conditions according to which a foreigner can acquire Bulgarian nationality through naturalization.

Art. 20. A Bulgarian who lives abroad loses his Bulgarian nationality if, in case of war, he does not respond to the call by returning to the Kingdom.

Art. 21. No Bulgarian who has his domicile within the Kingdom may acquire foreign nationality without the permission of the Bulgarian Government.

Art. 22. Acquiring foreign nationality by a Bulgarian involves no loss of the Bulgarian nationality of his wife or his children who are of age.

Art. 23. Loss of Bulgarian nationality by a Bulgarian involves no loss of Bulgarian nationality of his wife or his children who are of age.

Art. 24. Minor children do not lose their nationality if their mother marries a foreigner.

Chapter VI. Procedure for the Acquisition and Loss of Bulgarian Nationality

Art. 25. A foreigner, who desires to obtain a permit to establish his permanent domicile within the Bulgarian Kingdom, must file with the Minister of Justice his application accompanied by his birth certificate and that of his father, both in Bulgarian translation if their originals are in foreign language, as well as a certificate from the Bureau for Judicial Jurisdiction of the Kingdom. Upon this application and before the permit for the establishment of permanent domicile be granted, information shall be asked from the respective Prefect regarding the moral character of the applicant, his means of living, the length of time he has spent within the Kingdom, his family, his political views and his affection toward Bulgaria. According to the result of this inquiry, the Minister of Justice recommends that the permit requested be granted or denied.

Art. 26. A foreigner who, after having established his permanent domicile within the Kingdom, desires to acquire Bulgarian nationality by naturalization must file with the Minister of Justice his application accompanied by his birth certificate, a certificate of the Bureau of Judicial Jurisdiction and the birth certificates of his minor children, if any, all accompanied by Bulgarian translations if their originals are in a foreign language. In case the persons interested can not possibly obtain the aforementioned birth certificates in order to attach them to their applications for naturalization, in their stead a certificate of the Justice of the Peace of the district wherein the applicants reside shall be provided. This certificate is issued on the affidavit of three witnesses of either sex, relatives or non-relatives, and must contain the name and surname of the applicant and his parents, if the latter are known, his occupation and domicile, his birthplace and, if possible, the date of his birth, as well as the reasons for which birth certificate can not be presented. This certificate is signed by the Justice of the Peace and by the said witnesses.

Art. 27. A foreigner who has married a Bulgarian woman, if he desires to obtain naturalization, after the expiration of one year following the permit given to him to establish his permanent domicile within the Kingdom, must present his wife's birth certificate and that of her father, if needed, in order that her Bulgarian nationality be established.

Art. 28. A foreigner who applies for naturalization after his ten years of continuous residence within the Kingdom must present with his application documents which prove that he has in fact resided ten years within the Kingdom.

Art. 28a. (Amendment, Dec. 8, 1911.) A person who desires to acquire Bulgarian nationality by virtue of Art. 9, par. 5 of the present law must, besides the documents mentioned in Arts. 25 and 26, also present the following: (1) a certificate showing that he has fulfilled his obligation of the law of military service of his own country or that of Bulgaria, and (2) authentic documents showing his Bulgarian extraction.

Art. 29. The wife and adult children of the foreigner, who wish to become Bulgarian subjects by naturalization or by reacquisition of Bulgarian nationality without the required residence by virtue of Arts. II and 18 of the present law, must join their application with that filed by the husband, the father or mother. In case of privileged naturalization provided for in Arts. 6 and 7, the application must be joined with that of the husband, father or mother.

Art. 30. Application either for acquisition or repudiation of Bulgarian nationality is made orally before the Justice of the Peace in whose jurisdiction the applicant resides, and for the proceedings a special instrument is filed, signed by the Justice of the Peace and by the applicant. Applications may be made by intermediaries on behalf of the applicants, if authorized by a special power of attorney. The instrument filed by the Justice of the Peace shall be in duplicate. The applicant must be accompanied by two witnesses in order to testify to the identity of his personality. In support of his application the applicant must present the necessary documents and attach to them his birth certificate as well as those of his minor children, with Bulgarian translations if they are in a foreign language. If the applicant resides abroad, the applications are filed with the diplomatic representatives or consuls of the Kingdom.

Art. 31. Both copies of the instrument filed by the Justice of the Peace upon the oral application made to him and accompanied by the required documents is sent without delay by the Justice of the Peace to the Procurator of the respective District Court who, on his part, immediately forwards it to the Ministry of Justice.

Art. 32. The application, by virtue of which the instrument is filed, is inscribed in a special register in the Ministry of Justice; one of the duplicates remains in the Ministry of Justice and the other is sent to the applicant with a notice of its registration. The application is registered by the date on which it has been made before the Justice of the Peace.

Art. 33. Every person born within Bulgaria of a foreigner and who resides abroad at the time of attaining his majority, and who desires to establish his permanent domicile within Bulgaria by virtue of the provisions of Art. 6, may file his application with one of the diplomatic representatives or consuls of Bulgaria in the respective foreign country. The instrument filed upon such an application shall be in duplicate, one of which shall be given to the person interested and the other shall immediately be sent through the Ministry of Foreign Affairs to the Ministry of Justice.

Art. 34. A person born within Bulgaria of parents one of whom has lost his Bulgarian nationality and who desires to acquire that nationality by virtue of Art. 7 must prove wherein his own residence and that of his parents were at the time of attaining his majority.

Art. 35. The waiver of the right of a minor, which he has by virtue of Art. 5, par. 3 and Arts, n and 18, to repudiate Bulgarian nationality, is made in his name by the persons mentioned in Art. 6.

Art. 36. A foreigner, who desires to acquire Bulgarian nationality by naturalization, pays into the public treasury a fee of 300 levs. The payment of this amount shall be made in two installments, 150 levs upon his taking up permanent residence within the Kingdom and 150 levs upon his final naturalization. In case his application for naturalization be denied, the amount paid shall be refunded to the applicant. The payment of this fee shall not be required by those foreigners who had taken a part in the war for the liberation of Bulgaria either in the Bulgarian militia or in the Russian Army.

Chapter VII. Temporary Provisions

Art. 37. The required residence of foreigners, who had applied for acquisition of Bulgarian nationality before this law goes into operation, shall be determined by the old Law on Bulgarian Nationality. (Amendment, Dec. 8, 1911.) The provisions of the present law shall not be applied to persons who, before its going into effect, had applied for acquisition of Bulgarian nationality by virtue of Art. 8 of the old Law on Bulgarian nationality.

Art. 38. All laws and regulations concerning matters on Bulgarian nationality and contrary to the present law are hereby repealed.