Bevándorlási és Állampolgársági Hivatal

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CONTENT

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:

  • the spouse of an EEA national;
  • the spouse of a Hungarian citizen;
  • the direct descendants of an EEA national and those of the spouse of an EEA national who are under the age of 21 years or are dependents;
  • the direct descendants of a Hungarian citizen and those of the spouse of a Hungarian citizen who are under the age of 21 years or are dependants;
  • the dependant direct relatives in the ascending line of an EEA national and those of the spouse of an EEA national;
  • the direct relatives in the ascending line of a Hungarian citizen and those of the spouse of a Hungarian citizen;
  • the person who has parental custody of a minor child who is a Hungarian citizen;
  • any person whose entry and residence has been authorised by the competent authority on grounds of family reunification;
  • the partner with whom the EEA national has contracted a registered partnership before the relevant Hungarian authority or the authority of another Member State of the European Union;
  • the partner with whom the Hungarian citizen has contracted a registered partnership before the relevant Hungarian authority or the authority of another Member State of the European Union. 

EEA national: the citizens of Member States of the European Union – other than Hungarian citizens – and citizens of any State that is a party to the Agreement on the European Economic Area (citizens of the European Union, Switzerland, Norway, Iceland, and Liechtenstein).

Third-country national: non-Hungarian citizens and stateless persons except for persons having the right of free movement and residence (EEA nationals and family members accompanying or joining an EEA national or a Hungarian citizen). 

Stateless person: a person who is not considered as a national by any state under the operation of its law.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATING 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, 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 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.

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 therefor, 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, payable in the form of revenue stamp at the time of application.

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

 

In case of refusal the applicant may appeal the decision submitted to the authority of the 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 for the appeal is HUF 5,500, payable in the form of revenue stamp.

 

FORMs

Click to the following link to download the form required for the filling of the application.

- Permanent Residence Card

- Application to replace residence document

- Application to substitute residence document

 

Forms in PDF can be downloaded and filled in handwritten:

- Permanent Residence Card

- Application to replace residence document

- Application to substitute residence document

 

MANDATORY ENCLOSURES

Documents in proof of family relations:

·         birth certificate;

·         marriage certificate;

·         registrar certificate in proof of registered partnership status;

·         adoption document;

·         any other document credibly attesting the existence of family relationship.

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 of a Hungarian citizen who is a third-country national 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 regulation 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. A document made out in a language other than Hungarian will be accepted only with the certified Hungarian translation attached, unless otherwise prescribed by any legislation pertaining to the type of case in question.


DOCUMENTS VERIFYING SUFFICIENT FINANCIAL RESOURCES

The third-country national family members of a Hungarian citizen who is engaged in gainful employment shall have the right of residence exceeding ninety days within a one hundred and eighty day period.

The right of residence exceeding ninety days within a one hundred and eighty day period also apply to the family members of a Hungarian citizen if:

  • they have sufficient resources for themselves or the Hungarian citizen has sufficient resources for such family members not to become an unreasonable burden on the social assistance system of Hungary during their period of residence; and
  • they have comprehensive sickness insurance cover for healthcare services as prescribed in specific other legislation, or if they assure that they have sufficient resources for themselves and their family members for such services as required by statutory provisions.

The right of residence exceeding ninety days within a one hundred and eighty day period may be granted to a person who exercises parental custody of a minor child who is a Hungarian citizen also in the absence of the requirements set out by law.

If the EEA national, or the family member whom he/she plans to accompany or join does not have a registration certificate or a permanent residence card, the family member who is a third-country national is to provide proof that the EEA national:

·         is engaged in gainful employment;

·         has sufficient resources for him/herself and his/her family members not to become an unreasonable burden on the social assistance system of Hungary during the period of their stay, and have comprehensive sickness insurance cover for healthcare services as prescribed in specific other legislation, or if he/she assures to have sufficient resources for such services as required by statutory provisions.

The availability of sufficient resources can be evidenced in particular with:

·         a document in proof of gainful employment (e.g. contract of employment, certificate of income issued by the employer, tax authority certificate, minutes of a members’ meeting to evidence income earned as a managing director);

·         account balance statement made out to his/her own name or to the family member’s name, bank statement of transactions.

 

DOCUMENTS PROVING THE EXISTENCE OF HEALTH INSURANCE

The applicant’s access to health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement) throughout his/her stay in Hungary must be verified by the relevant documents, or that he/she has the financial resources to cover the costs of such services.

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

 

VALIDITY PERIOD

The competent regional directorate of jurisdiction by reference to the place where the residence of the third-country national is located shall automatically renew the permanent residence card issued to a family member who is a third-country national 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 residence card 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, destroyed or has expired is required to obtain a replacement travel document. Such family member who is a third-country national will be allowed to leave the country only in possession of the new travel document and a statement of report 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;

·         any change of name;

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

 

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2013 Bevándorlási Hivatal, by Chronos Systems

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