Bevándorlási és Állampolgársági Hivatal

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CONTENT

Please note that the procedural rules relating to the issue of residence permits have changed with effect from 1 January 2018.

 

An EC permanent residence permit may be issued to a third-country national:

  • who has a place of abode in the territory of Hungary and whose subsistence is ensured;
  • who has comprehensive healthcare insurance or sufficient financial resources for healthcare services;
  • who is not subject to any grounds for exclusion;
  • who lawfully resided in the territory of Hungary continuously for at least the preceding five years before the application was submitted; or
  • who was issued an EU Blue Card, and
    • who has lawfully resided in the territory of Hungary continuously for at least the preceding two years before the application was submitted; and
    • who has lawfully resided in the territory of any Member State of the European Union continuously for at least five years.
    •  

An EC permanent residence permit may not be issued to a third-country national:

·        whose residence in the territory of Hungary constitutes a threat to public security or national security;

  • who is subject to expulsion or exclusion from the territory of Hungary, or for whom an alert has been issued in the SIS for the purpose of refusing entry and the right of residence;
  • who has supplied false information or untrue facts in the interest of obtaining the permit, or misled the competent authority;
  • who is residing in the territory of Hungary in order to pursue studies in an institution of higher education or vocational training;
  • who is residing in the territory of Hungary for the purpose of seasonal employment or voluntary service activities;
  • who is residing in the territory of Hungary under diplomatic or other personal immunity;
  • who applied for refugee status to the Hungarian refugee authority, or requested any subsidiary form of protection or temporary protection from the refugee authority, pending definitive decision of the application;
  • who has been recognised as exiles;
  • who is recognised by the Hungarian refugee authority or court, or by any Member State of the European Union as a refugee or who has been granted any subsidiary form of protection, on the basis of such status, if refugee status or subsidiary protection is no longer available; and
  • who is under temporary protection.

 

DEFINITIONS

Third-country national

Stateless person

Uninterrupted residence

 

Lawful residence means any stay in the territory of Hungary with:

·        a visa for stays exceeding ninety days within a one hundred and eighty day period;

·        a residence permit;

·        an interim permanent residence permit;

·        an immigration permit, permanent residence permit or national permanent residence permit;

·        a certificate of temporary residence issued under Section 30(1)(a) of the Act on the Admission and Right of Residence of Third-Country Nationals;

·        a residence card or permanent residence card granted under specific other legislation;

·        a document in proof of refugee status or subsidiary protection;

·        a document issued for the period of examination of the asylum application before the granting of refugee status or subsidiary protection;

·        if a document evidencing the right of residence of a family member who is a third-country national is issued in accordance with specific other act, a certificate verifying the right of residence for the duration of the procedure.

 

The five-year period covers half of the duration of legal residence of persons pursuing studies in an institution of higher education or vocational training. It shall, however, not cover any duration of stay in Hungary under diplomatic or other personal immunity, or for the purpose of seasonal employment or volunteer activities.

The duration of residence of a third-country national in the territory of Hungary under refugee status, or under any subsidiary form of protection or temporary protection shall be included in the five-year period.

The five-year period covers half of the period between the time when the application for asylum of a third-country national recognised as a refugee or having granted any subsidiary form of protection is submitted until the time when the document on refugee status or subsidiary protection is issued. If, however, that period exceeds eighteen months, it will be included in the time periods referred to above in full.

If the period of lawful residence is disrupted, the required period of stay will be calculated from the time when residence is re-established.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form and the prescribed enclosures, as well as payment of the procedure fee.

Please note that when submitting the application the applicant is required to appear before the authority in person. If the applicant is a minor of limited capacity or if incompetent, the application may be submitted by the applicant’s legal representative in his/her stead. If the minor client has reached the age of six at the time the application is submitted, he/she shall be required to appear in person when the application is submitted. The responsibility for ascertaining the minor’s physical presence before the immigration authority lies with the legal representative.

The application for EC permanent residence permit is to be submitted at the branch of the regional directorate of the Immigration and Asylum Office responsible for the place where the applicant’s future Hungarian residence is located. At the time of submitting the application the applicant shall produce his/her valid travel document.

When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data. The third-country national affected is obliged to abide by, and perforce tolerate, that procedure.

The administrative service fee charged for the application for EC permanent residence permit is HUF 10,000, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate) at the time the application is submitted. In the “comment” box the client’s name and date of birth, and the case type “Residence Card Appeal” shall be indicated.  

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

If the applicant is travelling with his/her minor child, shown in his/her passport, the child’s particulars are to be given on Appendix A, with a photograph of the child also included. No additional procedural fee will be charged for the child shown on the Appendix.

Moreover, a minor third-country national shall provide proof that his/her parent or legal representative gave permission for his/her stay in Hungary, for the duration of the planned stay. Parental consent may be evidenced by a statement executed in a private document representing conclusive evidence or an authentic instrument, with Hungarian or English translation.

The regional directorate shall adopt a decision concerning EC permanent residence permit applications within 70 days from the time of submission. The competent immigration authority shall deliver the document to the applicant by way of post. The applicant may collect the document at the competent immigration authority in person if able to evidence that he/she is not in a position to receive the residence permit document at the mailing address given, however, he/she is required to prove such circumstances.

In connection with the application of a third-country national for EC permanent residence permit, in order to determine as to whether the residence of such third-country national is considered to constitute a threat to the national security of Hungary, the Government shall appoint the Agency for Constitutional Protections and the Counter-Terrorism Centre to function as the specialist authority in the first instance, and the minister in charge of supervising the national security services in the second instance, and the county police headquarters in the first instance and the National Police Headquarters in the second instance to determine as to whether the residence of such third-country national is considered to constitute a threat to the public security of Hungary. The duration of the proceedings of the specialist authorities is included in the administrative time limit.

If a third-country national has been granted refugee status or subsidiary protection by a Member State of the European Union, the immigration authority shall enter in the heading ‘Remarks’ of the EC permanent residence permit the Member State providing international protection and the date from which international protection is provided.

In case of refusal the applicant may appeal the decision submitted to the authority of first instance within 15 days after the decision was delivered. If the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of the first instance shall dismiss the appeal without any examination as to merits. The administrative service fee charged for the appeal certificate is HUF 5,500, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In the “comment” box the client’s name and date of birth, and the case type “Residence Card Appeal” shall be indicated.

If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:

Invoice request on payment of procedural fee

 

FORMS

The application shall be submitted with the form “Application for Permanent Residence Permit” completed and printed.

 

Forms optimised for Microsoft Word to be completed electronically:

-          Permanent Residence Permit

-          Application for Extension of Permanent Residence Permit

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

Forms available for downloading in PDF format, to be filled out manually:

-          Permanent Residence Permit

-          Application for Extension of Permanent Residence Permit

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

MANDATORY ENCLOSURES

MANDATORY DOCUMENTS

The following are to be enclosed with the application:

·        birth certificate;

·        the applicant’s marriage certificate, if married;

·        the applicant’s certificate of divorce if the marriage was terminated;

·        in the case of minors, documentary evidence from the competent authority of the country of origin stating that there is no legal impediment for the minor person in question who is a third-country national to seek permanent residency abroad;

·        documents in proof of means of subsistence and a place of abode in Hungary, and proof of having access to comprehensive health insurance services; and

·        one facial photograph.

Moreover, please note that an authentic instrument made out abroad, and any private document certified by a foreign court, administrative body, notary public or any other person vested with authority to issue authentic documents shall – unless any law pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise – be considered affirmative proof according to Hungarian laws if endorsed by the Hungarian diplomatic or consular mission in the country where it was issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official Hungarian translation attached, unless otherwise prescribed by an act.

 

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

Please note that lawful income will be accepted as means of subsistence in Hungary.

The following shall, in particular, be accepted as proof of subsistence in Hungary:

Statement from a Hungarian credit institution concerning the applicant’s savings account;

·        an authentic instrument or a private document representing conclusive evidence in proof of the applicant’s financial assets (tangible or intangible) whereby to ensure subsistence in Hungary;

·        a certificate on the applicant’s taxable income from employment or other similar relationship performed on a regular basis under Hungarian law;

·        an authentic instrument or other proof for the applicant’s income from other gainful activity performed in Hungary on a regular basis;

·        a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;

·        a notarised statement made by the family member residing in Hungary, promising support to the applicant along with a document in proof of the family member’s ability to provide such support.

In verifying the means of subsistence the competent authority shall take into account the number of people living with the applicant in his/her household, and how many of them has any assets or income, or how many has to be supported. In the process the documents supplied by the applicant are examined to calculate the applicant’s average monthly income (and those living in the same household), for which the competent authority takes into consideration the monthly average of income earned during the periods indicated below:

  • in the case of regular income:
    • taxed income received during the one-year period prior to the date of submission of the application if lawful residence exceeds one year, plus any income received during the three-month period prior to submission;
    • in all other cases the income received during the three-month period prior to submission of the application;
    • income received during the twelve-month period prior to submission of the application in the case of non-regular income.

Accordingly, an income certificate made out by NAV relating to the periods described above and/or a certificate of income issued by the employer is required.

 

DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN RESIDENCE

A third-country national applying for an EC permanent residence permit has to register his/her first place of residence in Hungary – if he/she does not yet have a place of abode in Hungary – at the same time when filing the application. The third-country national has to enclose with the notification of place of residence a document in proof of his/her right or title to the residential property. The section of the notification (Appendix E) for registration of the place of residence has to be signed by the applicant and by the owner of the residential property, or by the landlord where applicable.

The requirement of having a residence in Hungary may be verified by:

·        a residential lease contract in proof of the rental of a residence;

·        a document on accommodation by courtesy;

·        a document in proof of ownership of the residential property, by means of a certified copy of title deed issued within 30 days to date;

·        a notarised statement made by a family member with the right of residence in Hungary as holding a long-term visa or residence permit, with immigrant or permanent resident status, holding a residence card or a permanent residence card in accordance with specific other legislation, or with refugee status, promising lodging to the applicant; or

·        a real estate sales contract and a copy of the decision of the competent Budapest or county government agency granting permission for the acquisition of a real estate property;

·        other documents.

No further proof of abode is required if the applicant has already supplied them with his application for the issue or extension of the residence permit, and the registered place of accommodation of the third-country national did not change.

 

DOCUMENTS PROVING THE EXISTENCE OF COMPREHENSIVE HEALTH INSURANCE

Enclosed with the application for EC permanent residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.

During the process, the immigration authority may request further documents for ascertaining the relevant facts of the case.

 

VALIDITY PERIOD

The validity period of an EC permanent residence permit is 5 years, and it may be extended by an additional 5 years upon the foreign national’s request.

 

ACCRUED RIGHTS AND OBLIGATIONS

A third-country national with permanent resident status shall have the rights afforded in the Fundamental Law and in other legislation.

A third-country national with permanent resident status shall have the right to reside in the territory of Hungary indefinitely.

Persons with permanent resident status are entitled to the rights afforded to holders of residence permits by specific other legislation.

A third-country national holding a valid EC permanent residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

The third-country national has the right to engage in employment without a special permit.

A person holding an EC permanent residence permit shall acquire the right to reside in the territory of Member States, other than the one which granted him/her the long-term residence status, for a period exceeding ninety days within a one hundred and eighty day period, provided that the conditions set out in the relevant legislation are met. Residence in another EU Member State with an EC permanent residence permit is allowed on the following basis:

·        exercise of an economic activity in an employed or self-employed capacity;

·        pursuit of studies or vocational training;

·        other purposes.

The immigration authority shall send electronically the personal and address data required for registration of the third-country national with permanent residence status in the personal data and address register within five days from the date of issuing the document on permanent residence status to the district office of jurisdiction by reference to the place of residence of the third-country national who has been granted permanent resident status. The district office shall issue a certificate on the registration of data.

The permanent resident is entitled to receive an address card in Hungary, and is obliged to apply for permanent personal identification document. The permanent personal identification document given to permanent residents cannot be used for travelling abroad. For travelling abroad the permanent resident must have a travel document issued by his/her country of origin accompanied by the permanent residence permit.

An application for personal identification document may be submitted at any district office and also at the Government Agency of the City of Budapest. There is no fee, and it takes 20 days. The document evidencing permanent residence status and the official certificate for personal identification number and official address card (address card) has to be presented when submitting the application.

Third-country nationals with permanent residence status are required to report – under specific other legislation – the change of their address registered in the procedure for granting permanent residence permit to the district (Budapest district) office the Budapest and county government agency of jurisdiction by reference to the new address. Change of address shall not entail the replacement of the permanent resident permit. Notification of change of address shall be confirmed by the personal identification number and official address card issued by the notary, therefore this official document has to be kept together with the resident permit, and has to be surrendered to the duly empowered authority upon request.

The birth of a child of a third-country national with immigrant or permanent resident status shall be reported to the regional directorate of jurisdiction by reference to the place where the parent’s place of residence or place of accommodation is located, using the form prescribed in specific other legislation, with the child’s birth certificate presented within 3 months from the date of birth. Once reported, a national permanent residence permit will be given for the child if the parent has an EC permanent residence permit, issued by the competent regional directorate forthwith, at the latest within five days.

Third-country nationals are obliged to report without delay to the immigration authority [the regional directorate of the Immigration and Asylum Office, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad] if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.

 

WITHDRAWAL OF AN EC PERMANENT RESIDENCE PERMIT AND CASES OF REVOCABILITY

The immigration authority shall withdraw the EC permanent residence permit in the following cases:

·        the third-country national was absent from the territory of Member States of the European Union for a period of over twelve months;

·        the third-country national was granted long-term resident status in another Member State of the European Union;

·        the third-country national was absent from the territory of Hungary for a period of over six years;

·        the third-country national disclosed false information or untrue facts to the immigration authority in the interest of obtaining the permit;

·        the third-country national to whom it was issued is expelled or excluded;

·        the third-country national was granted the EC permanent residence permit as holder of an EU Blue Card or as a family member of an EU Blue Card holder, and was absent from the territory of the Member States of the European Union for a period of over twenty-four consecutive months.

The immigration authority may withdraw the EC permanent residence permit if the third-country national no longer enjoys refugee status or subsidiary protection.

 

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