Table of Contents
Who is entitled to a permanent residence card?
The family member of a Hungarian citizen is entitled to a permanent residence card who has been legally residing in Hungary for five years without interruption, and the child born in Hungary of the parent entitled to permanent residence, as well as the spouse of a Hungarian citizen, provided that the marriage was concluded 2 years before the application was submitted and their cohabitation continuously exists.
Proof of continuous residence
In order to apply for a permanent right of residence, it is necessary to prove that the applicant has stayed in Hungary without interruption. Proof of this is provided, among other things, by the residential address card, existing employment in Hungary, and witness statements.
The Immigration and Asylum Office does not establish continuous residence if the family member has stopped exercising his right of residence in Hungary, i.e. if he has left Hungary for more than six months within a year before obtaining the right of permanent residence. However, if the family member returns to the territory of Hungary within 180 days for a period exceeding 90 days, the period required for the right of permanent residence starts again.
When does the right of permanent residence of a Hungarian citizen’s family member cease?
The right of permanent residence is terminated in the following cases:
- the third-country national resides elsewhere continuously for two years,
- the third-country national is subject to an entry and residence ban,
- if you established the family relationship in order to obtain the right of permanent residence,
- provides false information to the authority in order to obtain a permanent residence card.
Does a third-country national’s right to permanent residence cease if he and his spouse, a Hungarian citizen, separate?
In the event of a divorce or annulment of the marriage, the right of residence of the spouse with the citizenship of a third country is generally preserved as a family member, provided that one of the following conditions is met:
- as a family member of a Hungarian citizen whose marriage existed for at least 2 years prior to the divorce and who stayed in Hungary for at least 1 year during the marriage,
- on the basis of a court decision, he has the right of parental custody over his child staying in Hungary,
- based on a court decision, he has the right to visit his minor child and the visit will take place in Hungary.
Validity period of permanent residence card
The permanent residence card is valid for 10 years.
