Long-term residence

Hungary

Country Report: Long-term residence Last updated: 15/04/21

Author

Hungarian Helsinki Committee Visit Website

The TCN Act regulates long-term residence. Long-term residence status could be granted to those refugees or beneficiaries of subsidiary protection who have lawfully resided in the territory of Hungary continuously for at least 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 at all.[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 TCN Act and the Asylum Act, as of 2019 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 his or her 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 in Hungary and the Hungarian existing residence, such as the full health insurance.[4] The NDGAP has 70 days to examine the case and take 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 TCN 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 individual circumstances, family relationships and health conditions of the third-country national as exceptional circumstances, and may consider the economic, political, scientific, cultural and sport interests of Hungary.[6]

 

 

 

[1]        Section 35(1)(a) TCN Act.

[2]        Section 35(2) TCN Act.

[3]        Section 1(7) TCN Act; Section 1(3) Asylum Act.

[4]        Section 94(1) TCN Decree.

[5]        Section 35(6) TCN Act.

[6]        Section 36(1) TCN Act.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation