Permanent residence in Hungary
Having lived in Hungary for a few years, you might want toconsider staying permanently. Becoming a permanent resident of Hungary has a lot of perks, so let’s see how you can become a permanent resident of Hungary. There are two types of permanent residence under the HungarianImmigration Act (Act XC of 2023): the National Residence Card and the EU Residence Card.
Note: The EU Residence Card is NOT to be confused with theEU Blue Card. The EU Blue Card is an employment-related temporary residence permit (1-4 years validity) for highly quialified professionals, while the EU Residence Card is a permanent residence category.
Also note: The National Residence Card is NOT to be confusedwith the National Card. The National Card is an employment related temporary residence permit for certain nationalities (Ukrainian, Russian, etc.), while the National Residence Card is a permanent residence category.
GENERAL CONDITIONS
A national residence card or an EU residence card may beissued to a third-country national
a) whose accommodation and subsistence in Hungary aresecured,
b) who is covered for comprehensive healthcare or can coverthe costs of healthcare in its absence, and
c) against whom none of the exclusion grounds specified in theImmigration Act apply.
A third-country national may not be issued a national residence card, if
a) their permanent residence endangers Hungary’s publicsecurity or national security,
b) they are subject to an expulsion order, a ban on entryand residence, or an SIS alert, or
c) they have provided false information or false facts, orotherwise deceived the authority in order to obtain the card.
If a third-country national with long-term residence statusin Hungary has a child who is also a third-country national, after the birth is registered, the child must be issued a national residence card if the parent holds a national residence card or an EU residence card.
Eligibility
You may qualify for permanent residence in Hungary, if you are a third country national, and
- you have lived in Hungary continuously for at least 3 years, or
- you have been living in Hungary as a parent together and supported by a person who is a residence permit holder, a permanent resident or a Hungarian national,
- you have been married to a Hungarian citizen, a refugee or a permanent resident in Hungary for at least 2 years,
- you were a Hungarian citizen, but your citizenship has ended, or your ascendent’s were Hungarian citizens, or
- you are the minor child of a permant resident or a refugee.
You may only be granted a national residence card for thepurpose of long-term residence in Hungary, even if you meet the above conditions, if
(a) your long-term residence is in the interests of Hungary, and
(b) you fulfil the conditions for social integration ie. passthe Hungarian Culture Exam.
For more information on the Hungarian Culture Exam visit: https://expat.jogpro.hu/blog/hungariancultureexam
Ineligibility
A third-country national may not be issued a national residence card if they hold a residence permit for the following purposes:
a) guest self-employment,
b) seasonal employment,
c) employment for the implementation of an investment,
d) employment purposes,
e) guest worker residence,
f) studies (including job seeking),
g) training,
h) temporary residence,
i) medical treatment,
j) White Card,
k) posting,
l) internship, or
m) voluntary activity.
Calculating yourcontinuous residence for the National Residence Card
Leaving the territory of Hungary for periods of less than 4months at a time shall not be regarded as an interruption of residence in Hungary, provided that the total duration of such stays abroad does not exceed 270 days during the 3 years preceding the submission of the application.
The Immigration Office may authorise a third-countrynational to remain in Hungary for a prolonged period even in the event of an interruption to their stay on Hungarian territory lasting longer than that
specified above, provided that the interruption was due to reasonable grounds – in particular medical treatment abroad, or a posting abroad in connection with the third-country national’s employment.
The following periods are not counted towards the period ofresidence required to obtain a national residence card
(a) time spent in Hungary on the basis of residencepermits issued to members and their family members of diplomatic missions and consular posts headed by professional consular officers operating in Hungary, international organisations and their branches, establishments or offices in
Hungary, as well as organisations enjoying privileges and immunities under the law,
(b) time spent in Hungary on a White Card.
LOSING YOUR PERMANENT RESIDENCE
The immigration authorities may revoke a national residencecard if
a) the conditions on which the authorisation wasbased have changed so significantly that this would now preclude the issue of the authorisation or the card, provided that five years have not yet elapsed
since the issue of the authorisation or the card, or
b) in the case of a permit or card issued on thebasis of family ties, if the marriage has been dissolved within three years of the permit or card being received, other than by the death of the spouse, or if
the third-country national’s right of parental custody has ceased, unless the third-country national has already been residing in Hungary for four years as a long-term resident or an immigrant, or
c) the third-country national has been absent fromthe territory of Hungary for a period exceeding six months.
The immigration authority shall revoke the permit or card if
a) in order to obtain the permit or card, thethird-country national provided the immigration authority with false information or untrue facts,
b) in the case of a minor who is a third-countrynational, the immigration authority has revoked the residence permit of the third-country national parent exercising parental responsibility, and the
conditions for the minor’s continued stay with the other parent exercising parental responsibility within the territory of Hungary are not met,
c) in the case of a permit or card issued to athird-country national on the basis of family ties, the third-country national’s Hungarian spouse has left the territory of Hungary with the intention of settling abroad, or the third-country national’s lawful residence in the territory of Hungary has ceased,
d) the third-country national has been expelled orhas been subject to an entry and residence ban,
e) the third-country national requests therevocation of the permit or card, or
f) the third-country national poses a threat topublic security or national security in Hungary.
This residence permit is valid for 10 years, which may beextended, and its holder is entitled to family reunification and Hungarian citizenship.
If you would like to assess your eligibility, or need legal representation in the application procedure, don't hesitate to contact us!