Bevándorlási és Állampolgársági Hivatal

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CONTENT

National Permanent Residence Permit

ELIGIBILITY

A national 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 has a residence permit or an interim permanent residence permit; and

    • who lawfully resided in the territory of Hungary continuously for at least the preceding three years before the application was submitted;
    • who is a dependent direct relative in the ascending line of a third-country national with immigrant, permanent resident or refugee status, and living in the same household for at least one year before the application was submitted;
    • who is the spouse of a third-country national with immigrant, permanent resident or refugee status, provided that the marriage was contracted at least two years before the application was submitted;
    • who was formerly a Hungarian citizen and whose citizenship was terminated, or whose ascendant is or was a Hungarian citizen;
    • who is the minor child of a third-country national with immigrant, permanent resident or refugee status;
    • whose permanent residence is in accordance with the interests of Hungary. The regional directorate may take into account especially the economic, political, scientific, cultural and sport interests of Hungary as well as the substantial integration of the third-country national.

A national 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 SIS alert has been issued 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 has a prior criminal record, until exonerated from the detrimental consequences related to his/her criminal record.

A third-country national who has been granted refugee status by the refugee authority may apply for national permanent residence permit in the absence of a residence permit.

 

DEFINITIONS

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.

Family member:

·         the spouse of a third-country national;

·         the minor child (including adopted and foster children) of a third-country national with his/her spouse;

·         the minor child, including adopted and foster children, of a third-country national where this third-country national has parental custody and the children are dependent on him/her;

·         the minor child, including adopted and foster children, of the spouse of a third-country national where the spouse has parental custody and the children are dependent on him/her.

Family life: considered to exist when the third-country national applicant lives in the same household as a third-country national who has been granted immigrant, permanent resident or refugee status.

Uninterrupted residence: residence in the territory of Hungary shall not be considered interrupted by temporary absence from the territory of Hungary of less than four consecutive months at any given time, if the combined duration of the foreign national’s absence does not exceed two hundred and seventy days over a period of three years before the application is submitted.

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;

·         a certificate of temporary residence issued under Article 30(1)(a) of the RRTN;

·         a residence card granted under specific other legislation;

·         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.

 

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.

The application for national permanent residence permit is to be submitted at 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 that procedure.

The administrative service fee charged for applications for national permanent residence permit is HUF 10,000, payable in the form of revenue stamp at the time the request is submitted.

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.

The competent regional directorate shall adopt a decision concerning national permanent residence permit applications within 70 days from the time of submission. 

In connection with the application of a third-country national for national 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.

In order to determine if the permanent residency of the third-country national is in the interest of Hungary, the regional directorate may submit request to ministries or other central administrative bodies in possession of the required data or document for the consideration of the case.

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.

 

PROCEDURES APPLIED IN CASES OF EXCEPTIONAL CIRCUMSTANCES

In cases of exceptional circumstances the third-country national may be given a national permanent residence permit by decision of the minister in charge of immigration even in the absence of the relevant statutory requirements. The minister in charge of immigration may consider the individual circumstances, family relationships and health conditions of the third-country national as exceptional circumstances, and may take into account the economic, political, scientific, cultural and sport interests of Hungary.

In case the applicant does not meet either of the conditions prescribed by law for national permanent residence permit, he/she may request the minister in charge of immigration to determine his application for national permanent residence permit. To this end the third-country national is to submit a request for special consideration to the Minister of the Interior, offering a detailed account of the underlying special circumstances. The request for special consideration is to be accompanied by a statement requesting:

·         the competent authority to have his/her application for national permanent residence permit forwarded directly to the minister in charge of immigration, waiving the possibility of remedies, or

·         the regional directorate to examine the application in a procedure with the possibility of remedies, evaluating the general conditions prescribed for the issue of a national permanent residence permit, and – if the application is refused – to forward it to the minister in charge of immigration.

The Immigration and Asylum Office forwards the application to the minister responsible for ascertaining the relevant facts of the case, and the minister shall then adopt a decision. The decision of the minister in charge of immigration cannot be appealed.

 

FORMs

Forms optimised for Microsoft Word to be completed electronically:

- National Permanent Residence Permit

- Application to replace residence document

- Application to substitute residence document

 

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

- National Permanent Residence Permit

- Application to replace residence document

- Application to substitute residence document

 

MANDATORY ENCLOSURES

MANDATORY DOCUMENTS

The following are to be enclosed with application:

·         the applicant’s 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;

·         a certificate of clean criminal record issued within six months to date by the competent authority of the country where the applicant’s permanent or temporary residence was located before his/her entry to Hungary. An applicant who is a minor under the age of fourteen years is not required to submit a certificate of clean criminal record;

·         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 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 shall be accepted only with the certified Hungarian translation attached, unless otherwise prescribed by any legislation pertaining to the type of case in question.

 

 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:

·         a 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 acting 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 acting 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 a national 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, in the form of abstract of title 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 a place of abode 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 ON COMPREHENSIVE HEALTH INSURANCE

Enclosed with the application for national 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 a national 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 national 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.

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 Office of the Capital City 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 county district office, 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 a national permanent residence permit, issued by the competent regional directorate forthwith, at the latest within five days.

If the foreign national plans to leave the territory of Hungary and resettle in another country, the regional directorate of jurisdiction by reference to the place where their permanent or temporary residence is located must be notified.

If a third-country national plans to exit the territory of Hungary for a period of more than six months, he/she may notify the regional directorate of jurisdiction by reference to the place of his/her residence in writing, with the reasons and the planned duration of foreign residence indicated. If the third-country national leaves the territory of Hungary for a period not exceeding two years for reasons other than resettlement, the competent regional directorate may not withdraw on those grounds the national permanent residence permit of this person inside the planned duration of foreign residence indicated in the notice, provided that the third-country national in question resided in the territory of Hungary for at least one hundred and eighty days within a period of one year before the notice was dispatched.

Third-country nationals are required to promptly report 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 A NATIONAL PERMANENT RESIDENCE PERMIT AND CASES OF REVOCABILITY

 The immigration authority may withdraw the national permanent residence permit if:

·         conditions underlying the authorisation have changed significantly, where it would preclude the granting of the permit, provided that it was issued within the last five years;

·         the permit was issued with regard to family relations and the marriage ended for reasons other than the spouse’s death within three years after receiving the permit, or the third-country national lost parental custody rights, except if the third-country national has been staying in the territory of Hungary for four years with immigrant or permanent resident status;

·         the third-country national was absent from the territory of Hungary for a period of over six months, except if the third-country national with an immigration permit, permanent residence permit or national permanent residence permit notifies in writing the regional directorate of jurisdiction by reference to the place where his/her residence is located concerning his/her intention to exit the territory of Hungary for a period of more than six months, with the reasons and the planned duration of foreign residence indicated. If the third-country national leaves the territory of Hungary for a period not exceeding two years for reasons other than resettlement, the competent regional directorate may not withdraw – on the grounds of the foreign national’s absence from Hungary for a period exceeding six months – the immigration permit, permanent residence permit or national permanent residence permit of this person inside the planned duration of foreign residence indicated in the notice, provided that the third-country national in question resided in the territory of Hungary for at least one hundred and eighty days within a period of one year before the notice was dispatched.

The immigration authority may withdraw the national permanent residence permit in the following cases:

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

·         the immigration authority has withdrawn the authorisation for the right of residence in Hungary of the third-country national exercising parental custody over a minor who is a third-country national, and the conditions for the minor’s further residence in the territory of Hungary with respect to the other parent with parental custody are not provided for;

·         the Hungarian spouse of the third-country national, whose permit was issued on the grounds of family relations, exits the territory of Hungary with the purpose of establishing residence abroad, or the lawful residence of the third-country national spouse in Hungary is terminated;

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

 

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