Immigration Law – Long-term stay in Hungary
This article contains a summary of permits in possession of which third-country nationals are allowed to stay in Hungary for more than three months, including information on how to obtain those or what makes one eligible to receive one.
Section 13 of the act II of 2007 on the admission and right of residence of third-country nationals provides a list of permits one of which third country nationals must be in possession of to enter and stay in Hungary, these are the following:
- Visa for an intended stay of more than ninety days within any one hundred eighty day period;
- residence permit;
- immigration permit;
- permanent residence permit;
- interim permanent residence permit;
- national permanent residence permit;
- EC permanent residence permit.
A) Visa for an intended stay of more than ninety days within any one hundred eighty day period
This type of visa has two subtypes. One of which literally just serves the purpose of legally entering the country and personally receiving the issued residence permit, the other is called national visa.
With the visa for entitlement to receive a residence permit the third-country national can enter the territory of Hungary one time and legally reside for only 30 days and during this time he/she has to collect the residence permit/national permanent residence permit which he/she applied to.
National visa may be issued based on international agreements and it makes possible to enter Hungary multiple times. The validity of this type of visa is maximum three years.
B) Residence permit
The range of residence permits is extremely diverse and it is the most common way of legal long-term stay. All types can have unique features reading privileges, validity period or other aspects. If you want to get to know the different types you may review our previous article which contains the list of residence permits with characteristics:
Overview of immigration procedures in Hungary [http://drdobos.eu/2019/04/06/overview-of-immigration-procedures-in-hungary/]
Or if you wish to obtain more detailed information on certain types we would recommend the following articles:
– Residence permit to Hungary – Through gainful activity [Residence Permit for the Pursuit of Gainful Activity] [http://drdobos.eu/2019/05/01/residence-permit-to-hungary-through-gainful-activity-residence-permit-for-the-pursuit-of-gainful-activity/]
– Residence permit for the purpose of employment [http://drdobos.eu/2019/05/11/residence-permit-for-the-purpose-of-employment/]
– Residence permit to Hungary – Family Reunification [http://dkhlegal.eu/residence-permit-to-hungary-family-reunification/]
C) Immigration permit
Although the act which regulated the immigration permit was repealed, it needs to be mentioned for several reasons. The current legislation specifies the cases when this type of permit can be withdrawn and it is also relevant regarding the residency of the holder’s relatives.
Family members of a person with an immigration permit may apply to residence permit for the purpose of family reunification.
If the holder of the permit has a child born in the territory of Hungary, a national permanent residence permit may be issued to the child.
D) Permanent residence permit
Similarly, to the previous point this permit can no longer be requested in this form. In case of permanent residence permit acquired before the current legislation came into effect, in the event of an extension intent a request for permanent residence card shall be submitted. The currently available permanent residence permits will be described in the next three points.
E) Interim permanent residence permit
The third country nationals holding an EC residence permit certifying long-term residence status granted by any Member State shall be issued an interim permanent residence permit if seeking admission into the territory of Hungary for the pursuit of gainful activity, employment, studies, vocational training provided that he/she meets certain other legal requirements.
The validity period of an interim permanent residence permit shall be five years maximum, and it can be extended by five additional years at a time.
F) National permanent residence permit
National permanent residence permit may be issued to a third-country national holding a residence permit or an interim permanent residence permit in case of at least three years continuous lawful residency in the territory of Hungary prior to submission.
Dependent relatives in the ascending line of a Hungarian citizen, or of a third-country national with immigrant or permanent resident status or dependent relatives in the ascending line of someone who has been granted asylum status may submit the application after one year residency.
National permanent residence permit may be issued if the applicant has been married to a third-country national with immigrant or permanent resident status or to someone who has been granted asylum for at least two years before the submission.
If the applicant was a Hungarian citizen whose citizenship was terminated or is someone whose ascendant is a Hungarian citizen or the applicant is a minor child of a third-country national with immigrant or permanent residence status or a minor child of someone who has been granted asylum, the request for national permanent residence permit can be submitted without being tied to a prior residency period.
It is important to note that even if the applicant fulfils one of the above conditions the permanent residency of the applicant has to be in the interest of Hungary to receive a national permanent residence permit.
G) EC permanent residence permit
As a general rule a third-country national who has been legally residing in Hungary for at least five years can obtain an EC permanent residence permit but there is also an option to apply on preferential terms. If the applicant has been lawfully resided in Hungary for at least two years and at least five years in any of the Member States of the EU an application for EC permanent residence permit may be submitted, but this is only available to holders of an EU Blue card if both conditions are met at the time of submission.
If you have further questions on residency in Hungary do not hesitate to contact us!
Disclaimer: We provide our services in accordance with the Hungarian and European laws in effect. We assist our clients only in lawful entry and residency in Hungary and we do not support illegal immigration.
Dobos István attorney at law (ügyvéd; Budapest)/ Kőhidi Ákos attorney at law (ügyvéd; Győr)/ Laczó Barbara
Phone / Whatsapp: +36303088151 / + 36305866162