When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?
For the jobseeker EEA-national route, Permanent residence status for an EEA national is granted after five years of lawful, continuous residence in Hungary. Apply at the competent regional directorate in person or through the immigration authority’s electronic platform, with a valid travel document or identity card and proof of lawful, continuous residence. Unless contrary evidence exists, continuity starts when residence beyond 90 days is reported. Absences up to six months per year, compulsory military service, or one absence up to 12 consecutive months for a material reason do not break continuity. Abandoning the exercise of the Hungarian residence right breaks the qualifying period. The permanent residence card for an EEA national has indefinite validity together with a valid travel or identity document.
See recorded sources
Limits of the record- The permanent-residence-card factsheet does not state post-grant withdrawal or loss grounds; its abandonment rule concerns continuity before qualification, not automatic loss of an already granted permanent status.
- chars 8760-10671
ELIGIBILITY
Permanent
residence status shall be granted to:
·
an EEA national who has resided legally and continuously in the territory of
Hungary for five years;
An
EEA national who is residing in Hungary to pursue occupational activity in the
territory of Hungary is eligible for permanent residence status before the
five-year period of residence expires if:
·
he/she has resided in the territory of Hungary continuously for more than three
years from the time of entry and at the time of termination of his/her
occupational activity has reached the age of entitlement for old-age pension,
or ceased his/her occupational activity to claim early retirement, provided
that the person has been engaged in occupational activity in the territory of
Hungary for at least the preceding twelve months before going into retirement
with old-age pension or before taking early retirement;
·
he/she has resided in the territory of Hungary continuously for more than two
years from the time of entry to pursue occupational activity and he/she had to
give up his/her occupational activity due to incapacity to work as the result
of health impairment or accident requiring medical treatment;
·
his/her incapacity to work is the result of an accident at work or an
occupational disease invoking entitlement to benefits provided for in specific
other legislation; or
·
after three years of continuous occupational activity and residence in the
territory of Hungary, he/she pursues occupational activity in another State
that is a party to the Agreement on the European Economic Area, while retaining
his/her place of residence in the territory of Hungary.
Where
an EEA national has acquired the right of permanent residence under either of
the preferential terms enumerated above, his/her family members holding the
right of residence shall also have the right of permanent residence.
- chars 10676-11719
INFORMATION ON
SUBMITTING APPLICATIONS AND THE RELATED PROCEDURE
Requirements:
the completed form, facial photograph taken not more than three months prior to
date, submitting the mandatory enclosures, and payment of the procedural fee.
Please note that an application shall be submitted in
person at the client service office of the competent regional directorate as
per your place of residence in Hungary and also electronically upon
registration on the electronic platform of the immigration authority for
procedure initiation.
In case of a
legal representative or an authorised legal entity, applications - which can
otherwise be submitted electronically - can only be submitted electronically.
For more details on electronic administration, please
click here
.
At
the time of submitting the application the copy of the applicant’s valid travel
document or personal identification document must be attached, and documents
and other papers specified in this Decree to verify lawful and continuous
residence must also be enclosed.
- chars 11722-12836
In
the absence of evidence to the contrary, the first day of continuous residence
in the territory of Hungary is the day on which the EEA national’s stay
exceeding ninety days within a one-hundred-and-eighty-day period of
time is reported.
The
following shall not be deemed as discontinuity of residence
·
temporary absence from the territory of Hungary not exceeding six months in a
year;
·
absence for compulsory military service;
·
a one-time absence up to a maximum of twelve consecutive months due to a
material cause, such as pregnancy and childbirth, serious illness, pursuit of
study or vocational training, or posting.
If
an EEA national abandons to exercise his/her right of residence in the
territory of Hungary, it is considered as discontinuity of residence. If an EEA
national has abandoned to exercise his/her right of residence in the territory
of Hungary, and returned to the territory of Hungary for a period of over
ninety days within a one-hundred-and-eighty-day period of time the duration
required for the right of permanent residence shall start over from this time.
- chars 15901-16075
VALIDITY PERIOD
A
permanent residence card issued to an EEA national shall be valid indefinitely,
together with a valid travel document or personal identification document.
- chars 16078-17021
ACCRUED RIGHTS AND
OBLIGATIONS
EEA
nationals exercising the right of residence exceeding ninety days within
a one-hundred-and-eighty-day period of time shall report to
the competent regional directorate as per their place of
residence, with personal data included:
·
the death of a family member residing with them;
·
change of name,
·
if the death or change of name occurred outside the territory of Hungary.
EEA
nationals may notify the competent immigration authority if they abandon to
exercise their right of residence, or if they leave the territory of Hungary
definitely, including about the country of next habitual residence, and may
turn in their document evidencing their right of residence in the territory of
Hungary.
EEA
nationals shall present their documents evidencing their right of residence
when requested so by the authority vested with powers to check their identity
and their right of residence.