Office of Immigration & Nationality : Permanent Residence Card Hungary

Organization : Office of Immigration & Nationality
Service Name : Permanent Residence Card
Country: Hungary

Website : http://www.bmbah.hu/index.php?option=com_k2&view=item&layout=item&id=72&Itemid=713&lang=en#

Permanent Residence Card :

That person is eligible for a permanent residence, who
** is an EEA citizen, and has been living legally and without interruption in the territory of Hungary;

Related : Office of Immigration & Nationality National Residence Permit Hungary : www.statusin.org/11655.html

** has been living legally and without interruption in the territory of Hungary as a third country national family member for five years;
** in consideration of the EEA citizen or the Hungarian citizen has the right to stay and who has been living legally and without interruption in the territory of Hungary for five years;
** is the child being born in the territory of Hungary to a parent with the right of permanent residence;
** is a family member of a Hungarian citizen, with exception of the spouse, and has been living in a conjugal community with a Hungarian citizen without interruption for at least a year; and
** is the spouse of a Hungarian citizen, provided they joined in wedlock at least two years before the submission of the application and their conjugal community has been existed continuosly since then.

The EEA citizen staying in the territory of Hungary for continuing employment is eligible for permanent residence before the expiry of the residence permit, if:
** He/she has been staying in the territory of Hungary without interruption for at least three years and at the time of finishing his/her gainful employment he/she reached the age of pension entitlement, or he/she dissolved his/her gainful employment in order to get early retirement pension provided he/she carried out gainful employment in the territory of Hungary for at least 12 month before his/her retirement;
** He/she stayed in the territory of Hungary for continuing employment without interruption for at least two years and he/she had to give up his/her gainful employment due to his/her state requiering medical treatment caused by an accident or health damage;
** His/her incapacity is the consequence of a work accident or illness caused by his/her occupation and which entitle him/her to supplies determined in a special law; or
** He/she carried out his/her gainful employmnet in the territory of Hungary without interruption for at least three years, and now he/she carries out gainful employment in the territory of an other Member State of the European Union, but he/she intends to keep his/her place of residence in the territory of Hungary.

If the EEA citizen has the right to the permanent residence due to one of the above listed preferential terms, his/her family member has the right to stay as well.

Family member:
** the spouse of an EEA citizen;
** spouse of the Hungarian citizen;
** the descendant under the age of 21, or the dependant descendant of an EEA citizen or his/her spouse;
** the descendant under the age of 21, or the dependant descendant of a Hungarian citizen or his/her spouse;
** the dependant ascendant of an EEA citizen or his/her spouse;
** the person exercising parental guidance over the minor Hungarian citizen;
** whose entry and stay as family member is granted by the proceeding authority;
** the third country citizen life-partner of an EEA citizen if a registered common law partnership was established before a Hungarian authority or the authority of another EU member state;
** the third country citizen life-partner of a Hungarian citizen if a registered common law partnership was established before a Hungarian authority or the authority of another EU member state.

EEA citizen:
The citizens of the EU member states and those of the states party to the Agreement on the European Economic Area (citizens of the European Union, Switzerland, Norway, Iceland, and Liechtenstein), with the exception of Hungarian citizens.

Third country citizen:
Non-Hungarian citizens and stateless persons except for persons having the right of free movement and stay (EEA citizens and family members accompanying, or joining to, an EEA citizen or a Hungarian citizen).

Stateless person:
Who is not recognised as a citizen in his/her own right by any state.

Information On Submitting Applications & The Relating Process:
Requirements:
A completed form, the required documents and the payment of the processing fee

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

EEA citizens and family members can submit their application for a permanent residence card at the regional directorate being competent for the applicant’s place of residence. The valid travel document or personal identification card must be presented upon the submission of the application, together with the documents or other papers specified in this decree proving uninterrupted and lawful stay.

The first day of stay in the territory of Hungary without interruption is, unless otherwise proven, the day on which the EEA citizen’s stay exceeding 90 days within 180 days is reported or on which the application for a residence card for a third country citizen family member is submitted.

The following cases shall not qualify as an interruption of the stay:
** stay outside the territory of Hungary for a maximum period of six months in any year;
** absence due to compulsory military service;
** a single important reason existing without interruption for a maximum period of twelve months, in particular absence due to pregnancy, childbirth, severe illness, the pursuit of studies, vocational training, or a mission.

It shall qualify as the interruption of stay if the EEA citizen or family member discontinues exercising his/her right to stay in the territory of Hungary.

Third country citizen family members must file the application for a permanent residence card prior to the expiration of the residence card. If an applicant submits the application after the expiration of the residence card and cannot supply an excuse, he/she must prove his/her right for permanent residence.

The administrative service fee of the proceedings for the issuing of the permanent residence card is HUF 1,500, which shall be discharged in form of duty stamp at the time of application.

The regional directorate considers the application for a permanent residence card within 3 months.

In case of refusal the applicant can lodge an objection, which can be submitted at the authority that made the decision within 15 days after the communication of the decision. The administrative service fee for appeal is HUF 5,500, which shall be discharged in form of duty stamp by the applicant.