EU residence card

1) Which third-country nationals shall be granted an EU residence card?

An EU residence card shall be granted to a third-country national:

·         ·who resided legally in the territory of Hungary at least for 5 years before the date of submitting an application, or

·         ·who holds an EU Blue Card and

-         who has legally resided in the territory of Hungary continuously for at least two years preceding the submission of the application without discontinution, and

-         who has legally resided in the territory of a Member State of the European Union continuously for at least five years holding an EU Blue Card, a residence permit issued for the purpose of research or study.

 

In case any of the abovementioned criteria is met, an EU residence card may be issued to a third-country national who:

·         ·is provided with accommodation and subsistence in the territory of Hungary,

·         ·has access to comprehensive healthcare insurance services covering all healthcare services or sufficient financial resources to cover the costs of healthcare services,

·         ·is not subject to any of the following grounds for preclusion:

-         his/her permanent residence constitutes a threat to public security or national security of Hungary ,

-         (s)he is subject to return or a ban on entry and stay, or an alert in the SIS,

-         in the interest of obtaining the card, provided false information or untrue fact(s)  or misled the authority acting on his/her case,

-         has criminal record and not been exempted from the detrimental consequences related to it.

 

Please be informed that an EU residence card may not be granted to a person who:

·         ·is a third-country national residing in the territory of Hungary in order to pursue studies in an institution of higher education or vocational training,

·         ·is a third-country national residing in the territory of Hungary for the purpose of seasonal employment or voluntary service activities,

·         ·is a third-country national residing in the territory of Hungary under diplomatic or other personal immunity,

·         ·is a third-country national applied for refugee status, any subsidiary form of protection or temporary protection to the asylum authority, until a final decision is made on his/her application,

·         ·is a person with tolerated status,

·         ·is a third-country national who has been recognised by the asylum authority or court, or by any Member State of the European Union as a refugee or has been granted any subsidiary form of protection by them, on the basis of such status, if refugee status or subsidiary protection is no longer available,

·         ·is a beneficiary of temporary protection.

·          

Definition of third-country nationals:

·         ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and

·         ·stateless persons

qualify as third-country nationals.

A third-country national holding an EU residence card is entitled to stay for an indefinite period of time in the territory of Hungary.

 

2) How can the application be submitted? 

An application for the issuance or extension of the EU residence card can be submitted only via the platform of “Enter Hungary” which is available by clicking here.

An application submitted via the platform of “Enter Hungary” is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

 

3) Administrative service fee for procedures

For information on administrative service fees for procedures, please click here. 

 

4) What are the mandatory attachments of an application?

Please make sure completion of the attachments is in full and check all documents before submission, supporting the soonest possible processing and examination of the application.

The following documents must be attached to the application:

·         ·birth certificate,

·         ·marriage certificate, if the applicant is married,

·         ·the final decision on the divorce of the applicant made by the authority if his/her marriage was dissolved,

·         ·in case of a minor applicant, an authentic document in accordance with the minor’s personal right stating that there are no legal obstacles to the minor’s long-term stay,

·         ·documents in proof of means of subsistence and a housing in Hungary, and in proof of having legal relationship as an insured person for comprehensive health insurance services.

With the exception of documents certifying the means of subsistence, housing, and entitlement to receiving the full range of healthcare in Hungary, the applicant may be exempted from attaching the above documents if the acquisition of the respective document would be impossible or disproportionately difficult due to reasons other than the third-country national’s fault. In this case, the document shall be replaced by the applicant’s statement.

 

Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that the applicant has sufficient resources:

·         ·a certificate on cash savings from a credit institution under the applicant’s name

·         ·an authentic instrument or private document with full probative force certifying the existence of property, property right and assets in Hungary which ensure the applicant’s subsistence,

·         ·a certificate of regular income in Hungary issued by the employer or tax authority,

·         ·a certificate of regular income from abroad issued by a Hungarian credit institution,

·         ·a notarised declaration by a family member living in Hungary that (s)he will provide for and support the applicant, and a document certifying the ability of the person providing support,

·         ·other credible document.

 

Documents proving that the applicant has a place of accommodation in Hungary

One of the following documents must be submitted as proof that the applicant is the owner of a residential property suitable for habitation, or (s)he has legal title to use such a real estate:

·         ·a document proving ownership of the property,

·         ·a residential lease contract,

·         ·a notarised declaration by a family member living in Hungary guaranteeing the applicant’s accommodation.

The document certifying the conditions of residence is not required to be attached if the applicant has already included it in the procedure for issuing or extending the residence permit and the third-country national’s declared place of accommodation has not changed.

 

Documents proving that the applicant has health insurance

Documentary evidence must be submitted as proof that the applicant has access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services.

An applicant meets this condition in the following cases:

·         ·(s)he qualifies as a person with health insurance services under social security,

·         ·(s)he has access to the Hungarian health insurance services within the framework of an international convention/treaty or agreement,

·         ·(s)he can cover the costs of his/her healthcare services based on documents in proof of his/her means of subsistence available in Hungary.

 

Other required documents

·         ·1 facial photograph,

·         ·valid travel document (or, if you have held more than one travel document during your uninterrupted legal stay in Hungary, a copy of each travel document).

Please note that an authentic instrument issued abroad or a private document authenticated by a foreign court, administrative authority, notary or other person vested with public authority – unless otherwise provided by law, international treaty or reciprocal practice – has the evidentiary effect under Hungarian law only if it has been subject to diplomatic apostille by the Hungarian diplomatic mission authority of the state where it was issued.

Please also note that documents issued in a language other than Hungarian may only be accepted if accompanied by a certified Hungarian translation.

Please be advised that marriage certificates submitted by a third-country family member of a Hungarian citizen may be accepted only after domestic registration.

 

5) Time period of procedural administration

Time period for procedural administration: 70 days.

The child born in Hungary of a third-country national with long-term residence status will be issued a national residence card as soon as possible but within 5 days the latest.

In addition to mandatory attachments, NDGAP may request the submission of further documents for clarification of facts of the case or implement other procedural conducts.

The period for remedying deficiencies (e.g., submission of missing documents) and for the implementation of various other procedural conducts is not comprised in the time period of the procedural administration. 

 

6) Receiving the residence permit document

A residence permit card document shall be delivered by way of post to the address indicated as place of delivery in the application form.

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

 

7) How long is the validity period of the permit?

The document is valid for a maximum period of 10 years, which may be extended by another 10 years at request.

 

8) Further information

·         ·Notification of change of place of residence

If you are a holder of an EU residence card, you are required to notify the competent district (capital district) office of the government office of the capital and county if the place of residence registered in the procedure for its issuance changes.

The change of residence does not entail the replacement of the residence card.

Notification of a change of residence is evidenced by the address card issued by the notary, which must therefore be kept together with the residence card document and handed over to the authorised authority for inspection.

 

·         ·Withdrawal of an EU residence card

 

The immigration authority shall withdraw the EU residence card, if the third-country national concerned

·         ·has left the territory of the Member States of the European Union for a period longer than 12 months,

·         ·is granted a long-term residence status in another Member State of the European Union,

·         ·resides outside of the territory of Hungary for a period exceeding 6 years,

·         ·provided untrue data or fact to the immigration authority to be granted a permit or card,

·         ·has been expelled or an entry and residence ban has been issued against him/her, or

·         ·was granted EC permanent residence permit or EU residence card as a holder of an EU Blue Card or a family member of a holder of an EU Blue Card, and left the territory of the Member States of the European Union for a period of 24 consecutive months.

The immigration authority may withdraw an EC permanent residence permit or an EU residence card, if the third-country national is no longer a holder of refugee status or under subsidiary protection.

 

·         ·Appeal

 

In case of refusal, the decision may be appealed within 15 days of delivery, submitted to the authority of first instance.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was taken,

-  the appeal is submitted without indicating its grounds or cause.

 

For information on reporting obligations, please click here.