Permanent residence permit

Many of my clients are searching the Internet for information on the general rules of getting the National Permanent Residence Permit. For those of you, who like to take things seriously, I decided to share the most important issues of the

„Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals”

RRTN Section 35.

(1) National permanent residence permits may be issued - with the exception set out in Subsection (4) - to third-country nationals holding a residence permit or an interim permanent residence permit for establishing residence in the territory of Hungary, if:

a) having lawfully resided in the territory of Hungary continuously for at least the preceding three years before the application was submitted;

b) a family member of dependent direct relatives in the ascending line - other than the spouse - of a third-country national with immigrant or permanent resident status or who has been granted asylum, and living in the same household for at least the preceding one year before the application was submitted;

c) the spouse of a third-country national with immigrant or permanent resident status or who has been granted asylum, provided that the marriage was contracted at least two years before the application was submitted;

d) the applicant was formerly a Hungarian citizen and whose citizenship was terminated, or whose ascendant is or was a Hungarian citizen.

(2) Temporary absence from the territory of Hungary of less than four consecutive months shall not be deemed as discontinuity of residence, if the combined duration of absence does not exceed two hundred and seventy days during the preceding three years before the application was submitted.

(3) The immigration authority may authorize a third-country national to establish permanent residence in the territory of Hungary in the event if any discontinuity of residence for a period longer than that described in Subsection (2), if residence was discontinued for a substantial reason, such as medical treatment of foreign assignment of the third-country national in connection with his/her gainful employment.

(4) The third-country nationals recognized by the refugee authority as refugees may apply for a national permanent residence permit in the absence of a long-term visa or residence permit.

(5) A national residence permit shall not be issued to third country nationals who have a criminal record, and who are not exempted from the inherent disadvantages.

RRTN Section 36.

(1) Under special circumstances the third-country national who is unable to satisfy the conditions set out in Paragraph a) of Subsection (1) of Section 13, Subsection (1) of Section 33 and Subsection (1) of Section 35 may be granted a national permanent residence permit by decision of the minister in charge of immigration.

(2) Within the meaning of Subsection (1), the minister in charge of immigration shall take into account the applicant's particular circumstances, family relations and health condition as special and equitable considerations, as well as the interests of Hungary.

(3) The decision of the minister in charge of immigration cannot be appealed.

RRTN Section 37.

(1) The immigration authority may withdraw any authority to reside, a national permanent residence permit or immigration permit in the following cases:

a) the circumstances based on which they were issued have changed to an extent that the criteria for authorization is no longer satisfied, and if a period of five years has not elapsed from the date of issue of the permit;

b) it was issued on the grounds of family reunification, and the marriage was dissolved within three years from receipt of the permit for reasons other than the spouse's death, or if the third-country national no longer has parental custody, unless the third-country national in question has resided in Hungary for at least four years under permanent resident or immigrant status;

c) the third-country national has departed from the territory of Hungary and remained absent for a period of over six months.

(2) The immigration authority shall withdraw the permit if:

a) the third-country national in question has disclosed false information or untrue facts to the competent authority in the interest of obtaining the permit;

b) the immigration authority has withdrawn the authority to reside in the territory of Hungary of the third-country national exercising parental custody over a minor child who is a third-country national, and the continued residence of the minor with the other parent with parental custody is not ensured in the territory of Hungary;

c) it was granted to a third-country national on the grounds of family reunification and his/her spouse with Hungarian citizenship has departed from the territory of Hungary with a view to establish residence elsewhere, or the lawful residence of the third-country national spouse in the territory of Hungary has been terminated;

d) the third-country national to whom it was issued is expelled or excluded.