Bulgarian citizenship by origin for Turkish emigrants

Questions concerning the interpretation of the legislation on Bulgarian citizenship

Dear Alexander Dobrinov,

I am a humble lawyer living in Turkey with a deep interest in law, driven by a passion for research, and practicing law. Although I do not know you personally, I feel excited to have found your articles published on the websites “https://posolstvo.eu” and “https://www.bulgarian-citizenship.org“. I am glad to be able to benefit from them because they cover many practical issues related to Bulgarian citizenship and proving Bulgarian origin.

Articles by Posolstvo.eu and Bulgarian-citizenship.org

During my personal research related to the possibility of obtaining Bulgarian citizenship, I came across your publications, as follows:

• Bulgarian, Bulgarian citizen or Bulgarian origin. Who is which? How is Bulgarian origin proven?
• Proving Bulgarian origin after emigration and loss of Bulgarian citizenship
• Bulgarian, Bulgarian citizen or person of Bulgarian origin?
• Bulgarian citizen vs citizenship by origin

These materials are of exceptional value to me, as they offer concrete, practical explanations of topics that have long interested me.

Since I do not speak English, I have researched your articles by translating them into Turkish using various artificial intelligence tools and online translators. I will use the same method to translate this email into Bulgarian, so please excuse me if any linguistic inaccuracies or ambiguities appear anywhere in the text.

I sincerely appreciate your work, which allows even a lawyer from Turkey to inform himself about the legal framework in Bulgaria and to find real guidance on issues related to citizenship. Your articles are extremely useful and deserve praise as they shed light on details that often remain unclear to foreigners. I would therefore like to express my admiration for your work and thank you for your contribution. I wish you success in your professional development and thank you for sharing your experience in the public domain.

My main reason for writing to you is to make sure that I have understood correctly the guidelines set out in your articles and that my family history falls within the scope of the legal norms relating to proof of Bulgarian origin. I would be extremely happy if you could share your opinion and give me guidance on this matter.

Family story – Bulgarian, Turkish or both?

Ethnic self-determination

Official Turkish records show that after settling in Turkey, they acquired Turkish citizenship in 1936. Although my great-grandfather was a Bulgarian citizen, as far as I know, he and his family identified themselves as ethnically Turkish.

Legislation and case law

To find out if this family history holds any hope for acquiring Bulgarian citizenship, I first looked at the Bulgarian citizenship law. Then, to clarify some concepts on the matter, I read scholarly sources available online. Finally, to understand the practical situation, I tried to find court decisions. With personal efforts I managed to find some decisions of the “Supreme Judicial Council of the Republic of Bulgaria” at (https://legalacts.justice.bg).

The following text, which is found in paragraph 1 of Article 15 of the Bulgarian Citizenship Law, particularly caught my attention:

A person who is not a Bulgarian citizen may acquire Bulgarian citizenship by naturalisation without the conditions under Art. 12, par. 1, p. 2, 4, 5 and 6 if he meets one of the following requirements:

1. is of Bulgarian origin;

This expression emphasizes that belonging to Bulgarian origin is one of the basic conditions for acquiring Bulgarian citizenship through naturalization. The expression implies that belonging to a Bulgarian origin makes it possible to acquire Bulgarian citizenship by naturalisation without requiring additional conditions.

Paragraph 2 of the same article states that a person applying for citizenship on the basis of descent must submit official documents certifying family ties with at least one person of Bulgarian descent (up to and including the third degree).

Person of Bulgarian origin

Furthermore, §1, Article 6 of the Foreigners Law and §2, Article 1 of the Citizenship Law state that the definition of “Person of Bulgarian origin” is based on the fact that at least one of the ancestors is Bulgarian. However, I believe that this definition is not fully clarified and may be difficult to understand.

In this context, I have not been able to reach a clear position on how the expression ‘Bulgarian origin’ should be interpreted and whether I would be considered a person of Bulgarian origin. When I first read the article I had doubts whether the term “Bulgarian origin” should be interpreted only in a legal (civil) sense or also as an ethnic identity.

In such obscure matters I follow the approach of courts and judges with great care. Therefore, on this matter, I visited the website of the “Supreme Judicial Council of the Republic of Bulgaria” at https://legalacts.justice.bg and reviewed some court decisions, which I attach as an attachment to this email.

Bulgarian

In these court cases, bearing in mind the basic principles of the state and constitutional order, I understand that references are made that the definition of “Bulgarian” should be interpreted not so much in ethnic terms, but in legal terms – as a description of the legal and political relationship between Bulgarian citizenship and the state – and this is supported by reasoning.

The materials of Posolstvo.eu

I have seen that in your posts you share a similar perspective and give detailed information related to my specific situation. This fact prompted me to write you this email and take the first step towards putting my theoretical research so far into practice.

In this context, I suppose that due to the fact that my great-grandfather was a Bulgarian citizen, I am considered a person of Bulgarian origin and have the right to apply for citizenship on the basis of origin. Is this assessment and opinion correct?

Additional questions

At the same time, I would like to ask you some additional questions, as a practitioner with experience in this field:

1. Given your professional experience in this field, could you share your observations on applications for Bulgarian citizenship by origin? I understand that each application has its own unique characteristics, but I would like to know more about the general trends in this process – for example, whether the majority of applications received end up with a positive decision and what is the approximate time range for completion of the procedure.
2. Is it possible to apply for citizenship by descent if my great-grandfather lost his Bulgarian citizenship due to emigration, but I can prove his Bulgarian nationality before that? Given the fact that my great-grandfather was a Bulgarian citizen but did not apply for restoration of his citizenship after 1999, how could this affect my application?
3. If you believe that I have the necessary grounds to apply for citizenship, I would like to take advantage of your professional help in preparing and submitting the documents. In this respect, could you inform me about the conditions for assistance as well as the indicative costs that would be incurred in the process?
4. Are there any cases where, despite evidence of Bulgarian origin, an application has been rejected? What were the main reasons for this? Given that the applicant meets all the requirements, is it possible that the applicant could be refused for subjective reasons? Is there an appeal procedure in such a case?

Epilogue

I realise that I am taking up some of your time with this detailed email, so please forgive me for having the temerity to approach you with so many questions. Hopefully you will take my interest as an expression of deep respect for your work and a desire to follow the best legal path.

I fully understand that your busy schedule may not allow for a detailed response, but even a few words of guidance from you would be extremely helpful to me. Your analyses and clarifications have already helped me to gain a deeper understanding of the legal framework, but there are still some issues on which I would be extremely grateful for your perspective.

I would like to assure you that any opinion or recommendation from you will be taken with the utmost seriousness and consideration. If you consider it appropriate, I would also welcome the opportunity to consult with you in more detail in the future.

Thank you in advance for your time and I look forward to your reply.

Sincerely,

………………..

Our answer to the questions asked

Hello and thanks for the nice words,

I believe that since your great grandfather was a Bulgarian citizen, you are entitled to Bulgarian citizenship. This is so even if your great-grandfather ethnically identified himself as a “Turk”.

The basis for your right to obtain Bulgarian citizenship is Article 15(2) of the Bulgarian Citizenship Law. Namely, because you have “an ascendant up to and including the third degree who is of Bulgarian origin”. You actually have two ascendants up to the third degree who are of Bulgarian origin. These are both your great-grandfather and your grandfather (your great-grandfather’s son). The basis on which I consider that they are of Bulgarian descent is § 2(1) of the Additional Provisions of the Bulgarian Citizenship Law, according to which “A person of Bulgarian descent” is a person at least one of whose ascendants is Bulgarian.” I consider that both your grandfather and great-grandfather are of Bulgarian origin, since their parents (your great-grandfather and great-great-grandfather and great-great-grandmother) are “Bulgarians”.

There is no legal definition of “Bulgarian” in Bulgarian law. Although the practice is not entirely unambiguous, I believe that anyone who has Bulgarian citizenship is a “Bulgarian”. The main argument for this assertion is Resolution No. 14535 of 3.12.2014 of the Supreme Administrative Court in Administrative Case No. 12221/2014, viz:

“The term ‘Bulgarian’ cannot be interpreted in terms of its ethnic content, but in terms of its legal content – the legal and political relationship between a person and the state of the Republic of Bulgaria, i.e. Bulgarian citizenship.
…
If the term “Bulgarian”, as used in § 2, item 1 of the Bulgarian Citizenship Law, is perceived as ethnic, then the nationality or ethnic origin of the persons who have lost Bulgarian citizenship and apply for its restoration will serve as grounds for different treatment. Thus, persons of Bulgarian ethnic origin will be placed by the law in a more favourable position for the restoration of citizenship than persons of other ethnic origin who have lost their Bulgarian citizenship. This is in direct contradiction with the principle of equality of all citizens before the law and is contrary to the prohibition of discrimination – Article 6 of the Bulgarian Constitution.”

The above ruling of the court is an extremely strong argument, because its non-application would lead to a direct collision with one of the fundamental principles of the Constitution – the prohibition of discrimination.

Greetings,
Alexander Dobrinov