What to Do After a Refused Citizenship by Origin Application

Bulgarian Citizenship by Origin and Common Challenges

If your citizenship by origin application was refused due to a lack of evidence of your ethnicity, there are alternative approaches to pursue Bulgarian citizenship. Under Article 15, para 2 of the Bulgarian Citizenship Act, individuals may apply for Bulgarian citizenship if they have an ancestor within the 3rd generation who is of Bulgarian origin. However, challenges often arise due to insufficient documentation of ethnicity.

Why Was My Application Refused?

The Ministry of Justice may refuse citizenship applications when the provided documents fail to establish Bulgarian ethnicity. This is because common documents, such as birth or death certificates, only confirm citizenship, not ethnicity. For example, Bulgarian citizenship and ethnicity are separate concepts. A person can hold Bulgarian citizenship but belong to a different ethnic group, such as Turkish or Macedonian. If your application was denied due to insufficient evidence, there is a legal recourse: taking your case to court.

Can I Appeal My Citizenship Application Refusal?

Under the Bulgarian Citizenship Act, decisions to deny citizenship applications cannot be appealed. However, you can challenge the Ministry’s grounds for refusal in court by requesting a judicial ruling to establish your Bulgarian ethnicity. This legal approach is based on the principle outlined in “Иск за установяване съществуването или несъществуването на други факти с правно значение”. In this context, the Law on Bulgarians Living Outside the Republic of Bulgaria (ЗБЖИРБ) explicitly states that Bulgarian origin may also be proven with an official document issued by a Bulgarian or foreign government authority, as well as with a document issued by the Bulgarian Orthodox Church. Furthermore, Article 3 of the same law provides the option to prove Bulgarian origin through general legal proceedings. We recommend seeking court assistance before Bulgarian language requirements are implemented for applicants by origin.

Steps to Prove Your Bulgarian Origin in Court

Before filing a court case, it is crucial to gather the necessary documentation to demonstrate your relationship to your Bulgarian ancestors and to show that your citizenship application was refused. These documents may include:

Birth certificates
Death certificates
Other official records that establish your familial connection to your ancestors

You can seek assistance in locating records of your Bulgarian ancestors. While such documents confirm your lineage, they do not explicitly state ethnicity, as Bulgarian official documents traditionally omit this information. However, in some cases, school records or other historical documents may explicitly mention ethnicity and can serve as valuable evidence to strengthen your case.

Why Pursue a Court Ruling After a Ministry Refusal?

The court provides a more objective and impartial review of your case compared to the Ministry of Justice. Courts assess applications based on factual and historical criteria rather than political or administrative biases. There have been periods in Bulgarian recent history where citizenship was mass-granted to Macedonian and Turkish applicants without clear evidence of Bulgarian ethnicity. These decisions were often influenced by geopolitical trends rather than strict adherence to legal standards. By contrast, the court evaluates cases based on the following:

Membership in a Bulgarian community or minority in another country.
Originating from a region historically part of the Bulgarian state or under the Bulgarian Exarchate.
Lineage adhering to traditional Bulgarian naming conventions, indicating Bulgarian ethnicity.

This judicial approach ensures your case is evaluated on clear, objective criteria rather than administrative discretion.

Key Differences Between Citizenship and Ethnicity in Bulgaria

It is important to understand that Bulgarian citizenship and ethnicity are not synonymous. For example:

Bulgarian Citizenship: Indicates nationality and is granted through legal processes.
Bulgarian Ethnicity: Relates to cultural, historical, and familial heritage.

This distinction is crucial for applicants, as citizenship documents alone may not be sufficient to prove ethnicity.

Conclusion: A Path Forward to Bulgarian Citizenship

While the Ministry of Justice may deny your application, the court offers a fair and objective avenue to establish your Bulgarian origin based on historical and legal standards. This alternative approach provides hope for applicants determined to reconnect with their Bulgarian roots.