EC permanent residence permit
After a certain period of staying in Hungary the possibility of permanent residency may arise. One way to achieve this is to apply for an EC permanent residence permit the major features of which we attempt to summarize in this article.
1. Permanent residency in Hungary
The relevant legislation defines the scope of third-country nationals who are considered residents in Hungary as the ones in possession of either an interim permanent residence permit, a national permanent residence permit or an EC permanent residence permit as well as the individuals whom a permanent residence permit was granted before the current legislation became effective.
Individuals with permanent resident status may reside in the territory of Hungary for an indefinite period of time.
2. General conditions
There are some general conditions that must be fulfilled when applying for a permanent residence permit in Hungary. Every third country national who is applying for a permanent residence permit shall have a place of abode in the territory of Hungary and secured subsistence as well. Every applicant shall have full healthcare insurance or financial resources to cover healthcare services. Furthermore, it is also a condition that there should be no statutory grounds for exclusion.
3. Who is eligible to apply?
There are two cases where eligibility arises. As general rule an EC permanent residence permit may be issued to a third country national who lawfully resided in the territory of Hungary continuously for at least the preceding five years before the application was submitted.
However, if the applicant has lived in another EU member state for a longer time, this rule can be softened. If the third county national has lived for at least five years in any member state of the European Union, then two years of residence in Hungary is sufficient. At the same time, it must be known that this exclusively applies to those, who are in possession of an EU Blue Card.
Thus, summarized five years in Hungary or in case of holders of EU Blue Card two years in Hungary at the time of application and five years spent in a different EU Member State can lay the foundation for getting an EK permanent residence permit.
4. What the permit holder is entitled to?
Among the several ancillary rights and obligation of having an EC permanent residence permit the holder has the following benefits:
– indefinite duration of residency in Hungary;
– opportunity to engage in employment without special permit;
– right to enter other Schengen Member States without visa or residence permit and stay for a period not exceeding ninety days within a one hundred and eighty days;
– may perform economic activity or study in Member States;
– entitled to obtain home address ID;
5. Validity and extension
The validity of this kind of permanent residence permit is 5 years and it may be extended by an additional five years upon request.
6. Distinction from residence permits of similar nature
The essence of the difference between permanent residence permits can be grasped mainly by examining the family status and the previously acquired permits in Hungary and in the Member States.
6.1. Those third country nationals can apply for interim permanent residence permit who are in possession of an EC residence permit certifying long-term residence status granted by any Member State of the European Union and wish to work or study in Hungary for example.
6.2. To get a national permanent residence permit three years of residency, specific family relations or former citizenship is necessary, and only those third country nationals may apply who are in possession of a residence permit or an interim permanent residence permit with one exception:
“The third-country nationals recognized by the refugee authority as refugees may apply for a national permanent residence permit in the absence of a long-term visa or residence permit” [Act II of 2007 Section 35 (4)]
Do you have further questions on permanent 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