Bevándorlási és Állampolgársági Hivatal

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CONTENT

National Permanent Residence Permit Granted for National Economy Considerations

 A national permanent residence permit may be issued to a third-country national for establishing residence in Hungary if the entry and residence of such third-country national is in the interest of the national economy for reasons related to the investments made by such person in Hungary, including the spouse of and the descendants and parents supported by such third-country national.

 

National interest shall, in particular, mean:

  • if the third-country national provides evidence that he or she, or a business association in which he/she has a majority stake has securities with a maturity of not less than five years, of a nominal value of at least EUR 300,000, issued by a company defined in the relevant legislation, and
  • a guarantee made by the company defined in the relevant legislation to subscribe within 45 days following the date of issue of the applicant’s residence permit the government bonds, of a nominal value of at least EUR 300,000, from the funds made available by the applicant.

 

Other family members may apply for national residence permit in accordance with the general rules, if national interest does not apply in their own right.

 

Where an application for national permanent residence permit is submitted by a third-country national together with his/her family member, it may be submitted at the consulate officer of Hungary in the country where the home or usual place of residence of the applicant is located or in the country of the applicant’s nationality.

 

If an application for residence permit is submitted in a country other than the country where the applicant’s permanent or temporary residence is located, or other than the applicant’s country of nationality, it shall be considered lawful with a residence authorisation for a period exceeding one year, except if:

a) the country where the permanent or temporary residence of the applicant is located does not have a consulate officer or other entity authorised to accept applications for residence permit, and the application is submitted in the country of the applicant’s nationality, or in Hungary, together with the certificate and statement made out by the company authorised having regard to the applicant’s nationality, or

b) having regard to the country of the applicant’s nationality no company has been authorised yet, the applicant may submit his/her application via either of the companies that have been authorised, in the territory of any country specified in the company’s authorisation.

 

If the application for national permanent residence permit is submitted at a diplomatic or consular mission on the grounds of being in the interest of the national economy, it shall be examined by the Budapest and Pest County Regional Directorate of nation-wide jurisdiction.

 

If a third-country national lawfully residing in the territory of Hungary plans to apply for national permanent residence permit having regard to his/her investment, he/she shall do so at the Budapest and Pest County Regional Directorate of nation-wide jurisdiction. 

 

Applications for national permanent residence permit are to be submitted in person. When the application is submitted the receiving authority shall record the applicant’s biometric data (fingerprint, facial likeness).

 

The administrative service fee charged for the procedure for issuing a national permanent residence permit is EUR 60, payable at the diplomatic mission of Hungary primarily in EUR or other convertible currency, or in exceptional cases in the legal tender of the State where the application is submitted. If the application is submitted in Hungary, the administrative service fee charged for the issue of a national permanent residence permit is HUF 10,000, payable in the form of revenue stamp.

 

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 of the application for national permanent residence permit, with a photograph of the child also included. No additional procedural fee will be charged for the child shown on the Appendix.

 

PROVISIONS RELATING TO THE SUBMISSION OF APPLICATIONS FOR NATIONAL PERMANENT RESIDENCE PERMIT

An application for national permanent residence permit is to be submitted on the prescribed form.

 

The following are to be enclosed with the application:

  • documentary evidence certifying the acquisition of securities by the applicant or by a business association in which he/she has a majority stake, and a guarantee made by the company to subscribe within 45 days following the date of issue of the applicant’s national permanent residence permit the government bonds of a total nominal value of at least EUR 300,000, from the funds made available by the applicant,
  • birth certificate;
  • the applicant’s marriage certificate, if married, and if it was not submitted in proceedings for the issue of the residence permit;
  • 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; if the applicant is a minor under the age of fourteen years, a certificate of clean criminal record is not required;
  • a letter of attorney;
  • one facial photograph;

and at the time of submitting the application the applicant shall produce his/her valid travel document.

 

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 public authority 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.

 

Access to legal assistance in procedures for the issue of a national permanent residence permit

In proceedings for the issue of a national permanent residence permit on the grounds of being in the interest of the national economy legal representation is mandatory, except where the applicant is required to appear in person under the relevant legislation. The third-country national applying for national permanent residence permit shall enclose with the application a valid letter of attorney.

 

The relevant provisions of the Attorneys Act apply to the letter of attorney, stating that it has to be made out in writing. The client and the attorney must sign a letter of attorney in their own hands. The letter of attorney authorises the attorney to perform every act that is entailed in properly handling the assigned case and thus even to receiving documents, money and other valuables. The holder of the letter of attorney shall enclose the original of the letter of attorney, or a certified copy with the application. Where the letter of attorney is made out in writing, it shall be fixed in an authentic instrument or a private document representing conclusive evidence. The authorisation given to an attorney at law need not be witnessed if signed by the client him/herself. Where the letter of attorney is made out abroad, it shall be fixed in an authentic instrument or a certified private document, and shall be re-certified.

 

TIME LIMIT FOR THE EXAMINATION OF APPLICATIONS

The Budapest and Pest County Regional Directorate shall adopt a decision concerning applications for national permanent residence permit within thirty days from the time of receipt.

 

MANDATORY ENCLOSURES

Proof of subsistence and documentary evidence of insurance cover

During the examination of an application for national permanent residence permit the regional directorate shall take into consideration the documents submitted in proof of subsistence and documents made out by an eligible company certifying the subscription of government bonds, evidencing insurance cover.

 

Registration of the place of residence in Hungary

A third-country national applying for national permanent residence permit shall report his/her first place of abode in Hungary after the national permanent residence permit is granted to the competent district (Budapest district) office (hereinafter referred to as “district office”) of the Budapest and county government agency responsible for the place of abode in accordance with the Act on Records of the Personal Data and Addresses of Citizens.

 

GROUNDS FOR EXCLUSION FOR THE ISSUE OF A NATIONAL PERMANENT RESIDENCE PERMIT

 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.

PROVISIONS RELATING TO THE APPLICATIONS OF FAMILY MEMBERS FOR NATIONAL PERMANENT RESIDENCE PERMIT

In connection with the application of a third-country national for national permanent residence permit alleging the existence of national economy interest, the applicant’s spouse, dependent descendants and parents may also apply for national permanent residence permit.

 

In their case, there is no need to verify the existence of national economy interest separately, however, a document attesting the existence of family relationship and proof of support in the case of dependent descendants and parents (declaration of support) is required, as well as proof of subsistence and proof of having access to comprehensive health insurance services. If a dependent descendant and/or parent applies together with the investor, the declaration of support provided to verify family relations may also contain a statement made out by the investor guaranteeing to cover the costs of the family member’s subsistence and access to health insurance services. The immigration authority shall have power to check the authenticity of dependency, and may request further documents with a view to ascertaining the relevant facts of the case.

 

The following are to be enclosed with the application for each family member:

  • birth certificate;
  • the applicant’s marriage certificate, if married, and if it was not submitted in proceedings for the issue of the residence permit;
  • 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;
  • declaration of support made by the provider (investor) in proof of means of subsistence and access to health insurance services in Hungary;
  • 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.

 

The declaration of support submitted shall be made out in an authentic instrument, or private document representing conclusive evidence, prepared by a foreign notary and properly certified. Documents made out in a foreign language shall be submitted with an certified Hungarian translation enclosed. If the declaration is made out in a language other than the client’s native language, it may be accepted only if it contains evidence that the person who made the statement understand that language, otherwise the document shall contain evidence to suggest that the document was read to the issuer and the issuer was educated as to its contents by either of the witnesses or the counter-signatory.

 

RECEIVING THE NATIONAL PERMANENT RESIDENCE PERMIT

If the regional directorate approves the application for the national permanent residence permit, it simultaneously issues the document of national permanent residence permit.

 

At the time of submission of his/her application for national permanent residence permit, the third-country national has the opportunity to ask for collecting the document at the regional directorate in person, or for having it delivered to the diplomatic or consular mission.

 

At the time of issuing the document of national permanent residence permit, the previous residence permit, if any, will no longer be valid, hence it has to be surrendered at the regional directorate or to the consular officer.

 

VALIDITY PERIOD OF THE NATIONAL PERMANENT RESIDENCE PERMIT

The permanent resident is afforded the right of residence in the territory of Hungary for an indefinite period of time. The validity period of national permanent residence permit is maximum five years, and it may be extended by maximum five additional years at a time.

 

USE OF NATIONAL PERMANENT RESIDENCE PERMIT, RIGHTS OF PERMANENT RESIDENTS

·         The third-country national, in possession of the national permanent residence permit, is entitled to enter and, within its validity period, stay in the territory of Hungary. Such a permanent residence permit entitles the third-country national the right of residence in the territory of Schengen Member States not exceeding 90 days within a 180 day period.

 

·         The national permanent residence permit is an official document made out to the name of the third-country national, allowing him/her to reside in Hungary for an indefinite period. A third-country national with a national permanent residence permit (permanent resident) shall have the rights afforded in the Fundamental Law and in other legislation. Persons with permanent resident status are entitled to the rights afforded to holders of residence permits by specific other legislation.

 

·         The permanent resident – if falling within the scope of the personal data and address register – 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 evidencing the right of residence.

An application for personal identification document may be submitted at any district office and also at the Central Office for Administrative and Electronic Public Services. 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.

 

NOTIFICATION OBLIGATIONS OF PERMANENT RESIDENTS

If the national permanent residence permit is issued for the applicant, the third-country national is bound by the following notification obligations:

  • if residing in Hungary, his/her first place of abode in Hungary shall be reported after the national permanent residence permit is granted to the competent district (Budapest district) office of Budapest and county government agency responsible for the place of abode in accordance with the Act on Records of the Personal Data and Addresses of Citizens;
  • if residing in Hungary, he/she shall apply at the competent district office of Budapest and county government agency responsible for his/her place of residence for a personal identification document after receiving the permanent residence permit;
  • he/she is required to report the change of his/her address to the district office of 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 document (address card) issued by the district office, therefore this official document has to be kept together with the residence document.
  • If the third-country national received his/her national permanent residence permit on the grounds of family relations he/she shall be required to report to the competent regional directorate of jurisdiction by reference to the place where the residence of the third-country national is located if his/her marriage is dissolved or in the event of the death of his/her spouse within sixty days following the date of delivery of the final court ruling on the dissolution of the marriage or the date of the death certificate, with the relevant documents attached.
  • If he/she plans to leave the territory of Hungary and resettle in another country, the regional directorate of jurisdiction by reference to the place where his/her permanent or temporary residence is located must be notified.
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