Bevándorlási és Állampolgársági Hivatal

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CONTENT

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

ELIGIBILITY

Permanent residence status shall be granted to:

·        an EEA national who has resided legally and continuously in the territory of Hungary for five years;

·        a family member who is a third-country national and has resided legally and continuously in the territory of Hungary for five years;

·        a person who has retained the right of residence in connection with his/her relationship to an EEA national or a Hungarian citizen, and who has resided legally and continuously in the territory of Hungary for five years;

·        a child born in the territory of Hungary of a parent who has the right of permanent residence;

·        a family member of a Hungarian citizen, except for the spouse and any person who is a dependent of the Hungarian citizen or a member of his/her household for a period of at least one year, or who requires the personal care of a Hungarian citizen due to serious health reasons, provided that he/she has been living in life partnership with a Hungarian citizen continuously for at least one year; and

·        the spouse of a Hungarian citizen if their marriage was contracted at least two years prior to the date when the application was submitted and they share the same household since.

An EEA national who is engaged in gainful employment in the territory of Hungary is eligible for permanent residence status before the five-year period of residence expires if:

·        he/she has resided in the territory of Hungary continuously for more than three years from the time of entry and at the time of termination of his/her gainful employment has reached the age of entitlement for old-age pension, or ceased his/her gainful employment so as to claim early retirement, provided that such person has been working in the territory of Hungary for at least the preceding twelve months before going into retirement with old-age pension or before taking early retirement;

·        he/she has resided in the territory of Hungary for the purpose of gainful employment continuously for more than two years from the time of entry and he/she had to give up his/her gainful employment due to incapacity to work as the result of health impairment or accident requiring medical treatment;

·        his/her incapacity to work is the result of an accident at work or an occupational disease invoking entitlement to benefits provided for in specific other legislation; or

·        after three years of continuous employment and residence in the territory of Hungary, he/she took up gainful employment in another State that is a party to the Agreement on the European Economic Area, while retaining his/her place of residence in the territory of Hungary.

Where an EEA national has acquired the right of permanent residence under either of the preferential terms enumerated above, his/her family members holding the right of residence shall also have the right of permanent residence.

 

DEFINITIONS

Family member

EEA national

Third-country national

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form, facial photograph made not more than three months previously, and the prescribed enclosures, payment of the procedural fee.

Please note that when submitting the application the applicant is required to appear before the authority in person, except if unable to appear due to his/her health condition.

EEA nationals and their family members shall submit the application for permanent residence card at the regional directorate of jurisdiction by reference to their residence. At the time of submitting the application the applicant is to produce his/her valid travel document or personal identification document, and enclose documents and other papers specified in this Decree to verify lawful and continuous residence.

In the absence of evidence to the contrary, the first day of continuous residence in the territory of Hungary is the day on which the EEA national’s stay exceeding ninety days within a one hundred and eighty day period is reported or on which the application for a residence card for a family member who is a third-country national is submitted.

The following shall not be deemed as discontinuity of residence:

·        temporary absence from the territory of Hungary not exceeding six months in a year;

·        absence for compulsory military service;

·        one absence of a maximum of twelve consecutive months for material reasons, such as pregnancy and childbirth, serious illness, pursuit of study or vocational training, or posting.

The departure of an EEA national or his/her family members from the territory of Hungary is considered as discontinuity of residence. If an EEA national or his/her family member has abandoned to exercise his/her right of residence in the territory of Hungary, and returned to the territory of Hungary for a period of over three months, the duration required for the right of permanent residence shall start over from this time.

The family member who is a third-country national is required to submit the application for a permanent residence card before his/her residence card expires. Any applicant who submits the application after his/her residence card has expired, if unable to offer a plausible explanation, is required to show that his/her right of permanent residence still exists.

The administrative service fee charged for the issue of a permanent residence card is HUF 1,500.

The costs of the procedure is 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 respect of yellow cheques, in the “comment” box the client’s name and date of birth, and the case type “application for permanent residence card” 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

 

The regional directorate shall rule the application for a residence card within 70 days.

The competent immigration authority shall deliver the document evidencing right of residence to the applicant by way of post.

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 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 “Permanent 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 either one of the following forms completed and printed.

- Issue, Renewal of Permanent Residence Card, Appendix I-II

Application for Replacement Residence Card

Application for Substitute Residence Card
 

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

- Issue, Renewal of Permanent Residence Card, Appendix I-II

Application for Replacement Residence Card

Application for Substitute Residence Card

 

MANDATORY ENCLOSURES

At the time of submitting the application the applicant is to produce his/her valid travel document or personal identification document, and enclose documents and other papers to verify lawful and continuous residence.

Family members shall provide the following documents in proof of family relationship to verify family ties:

·        birth certificate;

·        marriage certificate;

·        registrar certificate in proof of registered partnership status;

·        adoption document;

·        other reliable means.

Any reference made to a registrar certificate shall also be construed as a similar or equivalent document issued by a foreign authority. A marriage certificate submitted by a family member who is a third-country national of a Hungarian citizen may be accepted after being recorded in the Hungarian registry.

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 law 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.

The competent authority may accept the authentic instrument submitted by the applicant that was made out abroad without an official Hungarian translation and without diplomatic recertification. 


During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance.

 

VALIDITY PERIOD

The permanent residence card issued to a family member who is a third-country national is valid for 10 years, and it will be renewed by the competent regional directorate automatically every ten years.

The permanent residence card issued to an EEA national shall be valid indefinitely, together with a valid travel document or personal identification document.

 

ACCRUED RIGHTS AND OBLIGATIONS

Family members, whose travel document, personal identification document, or document evidencing his/her right of residence is lost, stolen or destroyed shall report it to the immigration authority [regional directorate of the Immigration and Asylum Office, or any police station], as well as if any such document that was presumed lost and reported as such is found subsequently.

Unless otherwise provided by international agreement, a family member who is a third-country national whose travel document is lost, stolen or destroyed is required to obtain a replacement travel document. Such family member who is a third-country national shall be allowed to leave the country only in possession of the new travel document and certificate of the notification issued based on the report submitted to the authority as referred to above.

EEA nationals and their family members exercising the right of residence exceeding ninety days within a one hundred and eighty day period shall report to the regional directorate, with personal data included:

·        the death of a family member in their household;

·        change of name,

·        if the death or change of name occurred outside the territory of Hungary.

EEA nationals and their family members may notify the competent immigration authority when they no longer wish to exercise their right of residence, or if they intend to leave the territory of Hungary permanently, including the country of next habitual residence, and may turn in the document evidencing their right of residence.

EEA nationals and their family members shall present their documents evidencing right of residence when so requested by the authority vested with powers to check their identity and their right of residence.

 

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2013 Bevándorlási Hivatal, by Chronos Systems

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