Author
As of 1 January 2024, the TCN Act is no longer in force. The new law applicable to the entry and stay of third country nationals is the GRTCN Act, although certain provisions of the TCN Act remained applicable until 29 February 2024.
The GRTCN Act regulates long-term residence. Long-term residence status can be granted to those refugees or beneficiaries of subsidiary protection who have lawfully resided on the territory of Hungary continuously for at least the three preceding years before the application was submitted.[1] Continuity assumes that a person has not stayed outside the territory of Hungary for more than 270 days in the three preceding years before the application and for a maximum of less than 4 months per occasion.[2] In practice, the 3-year term of residence is to be counted from the leaving of reception facilities by the beneficiary of international protection status and the subsequent establishment of domicile.
According to the GRTCN Act and the Asylum Act, there is no possibility to possess two legal residence titles in Hungary at the same time.[3] This means that by receiving a new legal title for residence the person automatically loses their international protection status.
Upon the application for a long-term residence permit, the applicant has to submit the documents in proof of means of subsistence (no exact minimum amount defined in law) in Hungary and the Hungarian existing residence, as well as the full health insurance.[4] The NDGAP has 70 days to examine the case and make a decision.[5] The long-term residence permit is granted for an indefinite term of time, but the issued ID has to be renewed every 5 years. There are no different criteria prescribed for refugees and people with subsidiary protection status.
According to the GRTCN Act, in case of exceptional circumstances, the third-country national may be given a national permanent residence permit by the decision of the minister in charge of immigration even in the absence of the relevant statutory requirements. The minister in charge of immigration may consider the economic, political, scientific, cultural and sports interests of Hungary.[6]
[1] Section 83 (1) a) GRTCN Act
[2] Section 84 GRTCN Act.
[3] Section7(1) GRTCN Act; Section 1(3) Asylum Act.
[4] Section 94(1) TCN Decree; at the time of writing, the final implementing decree of the GRTCN Act has not yet been published
[5] Section 81 GRTCN Act.
[6] Section 85(2) GRTCN Act.