National Residence Card

1)Which third-country nationals are eligible to be granted a national residence card?

 

Third-country nationals who hold a residence permit, interim permanent residence permit or interim residence card and

• ·have resided in Hungary legally and without interruption for at least 3 years prior to submitting the application, or
• ·live in a family community as a dependent ancestor for at least 1 year immediately prior to submitting his/her application

- with a Hungarian citizen, or

- with a third-country national who has been granted a long-term residence status (immigration permit, permanent residence permit, interim permanent residence permit, national permanent residence permit, EC permanent residence permit, interim residence card, national residence card, EU residence card), or

- with a third-country national recognized as a refugee, or

• ·are the spouse of a Hungarian citizen, or a third-country national who has been granted a long-term residence status or is a recognised refugee provided that the marriage was concluded at least 2 years prior to the application submission, or
• ·used to be a Hungarian citizen, but his/her citizenship ceased, or his/her ancestor is Hungarian or was a Hungarian citizen, or
• ·are the minor child of a third-country national who have been granted long-term residence status or are recognised refugees

 

may be granted a national residence card.

 

Even in the case of the above conditions, you can only get a national residence card if your long-term residence is in line with the interests of Hungary.

 

If you have been recognized as a refugee in Hungary, you can submit your application even without a residence visa or residence permit.

 

 

If the above conditions apply to the applicant, a national residence card may be granted if

• ·his/her housing and subsistence are guaranteed in Hungary,
• ·(s)he is considered to have access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services,
• ·None of the excluding conditions below apply to the applicant:

-   his/ her permanent residence threatens the public or national security of Hungary

-   (s)he is subject to expulsion, ban on entry and stay, or SIS alert

-   in order to obtain the card, (s)he provided false information, an untrue fact, or deceived the acting authority,

-   (s)he has a criminal record and has not been exempted from the disadvantages associated with a criminal record.

 

Please note that a national residence card cannot be granted if you have a residence permit issued for the following purposes:

• ·residence permit for the purpose of guest self-employment,
• ·residence permit for the purpose of seasonal employment,
• ·residence permit for employment for the purpose of investment,
• ·residence permit for the purpose of employment,
• ·residence permit for guest workers,
• ·residence permit for the purpose of study (including seeking a job and starting a business),
• ·residence permit for the purpose of training,
• ·interim residence permit,
• ·residence permit for the purpose of medical treatment,
• ·White Card,
• ·residence permit for the purpose of posted work,
• ·residence permit for the purpose of traineeship,
• ·residence permit for the purpose of voluntary service.

 

If a third-country national child is born in the territory of Hungary to a parent who is the holder of an immigration permit, permanent residence permit, national permanent residence permit, EC permanent residence permit, national residence card, or EU residence card, a national residence card is issued for the child upon the notification of his/her birth.

 

 

If there is a national interest, the third-country national may receive a national residence card based on the decision of the minister responsible for aliens policing and asylum even in the absence of other conditions. The minister responsible for aliens policing and asylum can consider Hungary’s economic, national political, scientific, cultural and sports interests as national interests.

 

After clarifying the facts, the National Directorate-General for Aliens Policing submits the request to the minister responsible for aliens policing and asylum, who makes a decision on the request. There is no legal remedy against the minister's decision.

 

 

A third-country national with a national residence card is entitled to reside in Hungary for an indefinite period of time.

 

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.

 

2)How can an application be submitted?

 

Applications for national residence card to be issued or extended can only be submitted via the electronic 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 the procedure

 

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

 

4)What are the mandatory attachments/enclosures of an application?

 

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

 

The followings shall be attached to the application:

• ·birth certificate,
• ·marriage certificate in the case of a married applicant,
• ·in case of dissolution of the marriage, the legally binding official decision establishing it,
• ·in the case of a minor applicant, an authentic document according to the minor's personal right stating that there are no legal obstacles to the minor's long-term stay,
• ·a document issued with the last 6 months by the authorities of the country of permanent or habitual residence prior to entering Hungary, confirming a clean criminal record (a minor applicant under the age of 14 is exempt from the obligation to submit a document certifying a clean criminal record).

 

The enclosure/attachment of the above documents can be waived if the acquisition of the document is impossible or involves disproportionate difficulty due to reasons other than the third country citizen's own fault. In this case, the document is 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:

• ·certificate of cash savings from the credit institution of the applicant or the family member who undertakes to support him,
• ·Hungarian assets that ensure livelihood, property rights, public documents certifying the existence of property values or private documents with full probative value,
• ·employer’s or tax authority’s certificate of regular income in Hungary,
• ·Hungarian credit institution certificate of regular income paid from abroad,
• ·the notarized statement of a family member living in Hungary, ensuring the maintenance and care of the applicant, as well as a document certifying the maintenance capacity of the person undertaking the maintenance,
• ·other authentic 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 in proof of ownership of the residential property,
• ·a residential lease contract,
• ·the statement of a family member living in Hungary, included in a notary document, guaranteeing the applicant's residence.

 

It is not necessary to attach/enclose a document certifying the conditions of residence, if the applicant has already attached/enclosed it in the procedure for issuing or extending the residence permit, and the third-country national’s declared 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 had several travel documents during your uninterrupted legal stay in Hungary, a copy of each travel document).

 

Please note that a public document issued abroad, as well as a private document certified by a foreign court, public administrative body, notary public or other person with public authority – unless otherwise provided by law, international treaty or reciprocity practice – has probative value under Hungarian law only if it has been provided with a diplomatic apostile by the Hungarian foreign representative authority operating in the country of the place of issuance.

 

Please also note that a document issued in a language other than Hungarian can only be accepted with an authentic Hungarian translation.

 

Please be informed that the marriage certificate submitted by a third-country national family member of a Hungarian citizen can only be accepted after the domestic registration.

 

5) Time of administration

 

The administration time: 70 days.

 

For the child of a third-country citizen with a long-term residence status, who was born in Hungary, the national residence card will be issued with priority, but within 5 days at the latest.

 

In addition to mandatory attachments/enclosures, 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 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 validity of the document is maximised in 10 years, which may be extended by a maximum of 10 years upon request.

 

8) Other information

 

• Notification of a change of place of residence

 

If you are a holder of a national residence card, you are required to report the change in your place of residence, which was declared in the procedure for its issuance, to the district (capital district) office of the capital and county government office that is competent according to your new place of residence.

A change of residence does not entail a replacement of the residence card.

The notification of the change of residence is confirmed by the address card issued by the notary, and it shall be kept together with the residence card document and handed over to the authorized authority for inspection. 

• ·Withdrawal of a national residence card

 

A national residence card can be withdrawn by the immigration authority, if

• ·the grounds for issuance have changed so significantly that, as a result, this would preclude the issuance of the permit or the card, provided that 5 years time has not passed since the issuance of the respective permit or card,
• ·in case of a permit or card issued to a family member with reference to family relationship, the marriage has been ceased due to a reason other than the death of the spouse, or the parental authority of the third-country national has been ceased, unless the third-country national has been residing within the territory of Hungary as a holder of a long-term residence status or an immigrant status for 4 years, or
• ·the third-country national concerned left the territory of Hungary for a period exceeding 6 months.

 

The immigration authority shall withdraw the permit or the card, if

• ·provided untrue data or fact to the immigration authority to be granted a permit or card,
• ·in case of a third-country national minor, the immigration authority has withdrawn the residence permit of the minor’s third-country national parent exercising parental authority over the minor, and the conditions for the minor’s continued residence in Hungary are not guaranteed for the other parent exercising parental authority,
• ·in case of a permit or card issued to a family member with reference to family relationship, the Hungarian national spouse of the concerned person has left the territory of Hungary with the purpose of permanent residence abroad, or the third-country national spouse’s legal residence within the territory of Hungary has been ceased,
• ·the third-country national concerned has been expelled or an entry and residence ban has been issued against him/her,
• ·the third-country national concerned request the withdrawal of the permit or card, or
• ·the third-country national concerned constitutes a threat to the public or national security of Hungary.

 

Please be informed that the Minister responsible for Immigration and Asylum Affairs may also withdraw a national residence card issued for reasons of national interest if withdrawal is reasonable on grounds of a change in the economic, national policy, scientific or sports national interest taken into account as grounds for the issuance of the residence permit.

 

 

• ·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.