Long-term residence

Hungary

Country Report: Long-term residence Last updated: 30/11/20

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 the preceding three 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 must be understood as starting when people with international protection status have already moved out of the reception facilities and established a domicile.

The January 2019 amendments to the TCN Act and the Asylum Act exclude the possibility of residing concurrently under two legal titles in Hungary.[3] This means that by receiving another legal title for residence the person loses his or her international protection status.

According to the law, the applicant has to submit the documents in proof of means of subsistence in Hungary and the Hungarian existing residence, such as the comprehensive 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 document has to be renewed every 5 years.

There are no different criteria for refugee status and people granted subsidiary protection.

According to the TCN Act, in cases of exceptional circumstances the third-country national may be given a national permanent residence permit by 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 sporting 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