Residence in Hungary for more than 90 days in a 180-day period

If you wish to reside in Hungary for more than 90 days in a 180-day period, the following steps should be taken.

Kulcsszavak: registration certificate permanent residency card address card declaring residence declaring place of residence

You are entitled to reside in Hungary for more than 90 days in a 180-day period if you meet any of the following conditions:

 

 

 

 

If any of the above conditions apply to you and you wish to reside in Hungary for more than 90 days in a 180-day period, you must contact, no later than on the 93rd day after entering Hungary, the regional office of the National Directorate-General for Aliens Policing [Országos Idegenrendészeti Főigazgatóság in Hungarian] (OIF) that has jurisdiction over your future place of residence in Hungary, and declare your presence there.

As a general rule, you must go along in person to do so, but if you are unable to due to a medical condition, the authority may dispense with this.

For minors with no or limited capacity to act, the application shall be submitted by the applicant’s legal guardian. If the minor is at least 6 years of age at the time of submission of the application, the minor must go along in person when the application is submitted.

The application may also be submitted online at www.enterhungary.gov.hu, but even in this case you must go along in person in order to pick up the document.

You are entitled to permanent residence if any of the following conditions are met:

 

If you are staying in Hungary to pursue a gainful activity, you are entitled to permanent residence before the expiry of the 5-year period of residence if:

 

If you have acquired the right of permanent residence on the basis of one of the conditions listed, persons holding the right of residence as your family member are also entitled to permanent residence.

You can apply for a permanent residency card from the regional directorate covering your place of residence. Upon submitting your application, you must present a valid travel document or identity card, and attach certain documents proving uninterrupted and lawful residence, or other documents such as documents proving the family status of a family member or the existence of the family relationship. In addition to the mandatory annexes, the immigration authority may, during the procedure, call upon you to submit additional documents in order to clarify the facts, or may take other procedural steps.

The first day of uninterrupted residence in the territory of Hungary is the day on which residence of more than 90 days within a 180-day period is declared or the third-country national family member submits an application for a residency card.

The following do not constitute an interruption of residence:

An interruption of residence is considered to exist if the EEA citizen or the family member ceases to exercise the right of residence in Hungary, especially if he leaves the territory of Hungary for a longer period of time. If an EEA citizen or the family member has ceased to exercise the right of residence in Hungary and returns to the territory of Hungary for more than 90 days in a 180-day period, the period for obtaining the right of permanent residence will restart.

An application for a permanent residency card must be submitted before the expiry of the residency card’s validity.

There is no statutory sanction for failing to declare residence

You must declare your residence in Hungary no later than on the 93rd day after your entry into Hungary to the competent regional directorate of the OIF.

If you certify the conditions of residence detailed above, you will immediately receive a registration certificate for the declaration of residence.

The regional directorate will assess the application for a permanent residency card within 70 days.

When declaring your residence, you must submit a completed and signed data sheet for the issuing of a registration certificate; you must present a valid travel document or identity card and attach documents certifying the existence of the conditions of residence, which may be:

If you are pursuing a gainful activity, any of the following documents:

If you are studying, any of the following documents:

If you are not pursuing a gainful activity, you must prove that you have sufficient financial resources for yourself and your family members so that your residence does not place an unreasonable burden on Hungary’s social security system and that you have sufficient financial resources to reside in Hungary. You can prove this by demonstrating your assets or other income, e.g. bank account balance, proof of pension, proof of maintenance, proof of participation based on membership fees or regular payments or benefits.

If you are not pursuing a gainful activity, then

 

When you declare your residence, you must also state your first address of residence in Hungary, for which you must submit any of the following documents:

 

When applying for a permanent residency card, you must submit the completed and signed form and present a valid travel document or identity card, as well as documents proving your uninterrupted and lawful residence.

In addition to the mandatory annexes, the immigration authority may ask you to submit additional documents during the procedure and, if necessary, perform other procedural steps (e.g. on-site inspections, examination of witnesses).

After submitting the application, you can attach any further documents needed following the request for rectification to your application by post or electronically (enterhungary.gov.hu). In exceptional cases, which must be justified with supporting documents, these documents may be submitted in person.

During the procedure you may also use an authorised proxy.

The fee for issuing the registration certificate is HUF 1 000, which can be paid at the regional directorate by credit card. If this is not possible, you will need to go to a post office with a ‘yellow cheque’ (the cash transfer order) obtained from your regional directorate, where you can pay the fee, and then submit the torn-off slip of the transfer order to the regional directorate as proof of payment.

The fee for the permanent residency card is HUF 1 500, which can be paid at the regional directorate by credit card. If this is not possible, you will need to go to a post office with a ‘yellow cheque’ (the cash transfer order) obtained from your regional directorate, where you can pay the fee, and then submit the torn-off slip of the transfer order to the regional directorate as proof of payment. In the case of a ‘yellow cheque’, you must enter your name, date of birth and the following text in the box provided: ‘Application for a permanent residency card’.

Regional Directorate of the National Directorate-General for Aliens Policing (Országos Idegenrendészeti Főigazgatóság/ OIF). You must contact the regional directorate covering your place of residence in Hungary. (www.oif.gov.hu)

If your application for a permanent residency card is rejected, you may appeal. An appeal may be lodged with the authority that has rejected your application within 15 days of receiving notification of the rejection. If you rely on a new fact of which you were aware before the decision was adopted or submit your appeal without providing reasons, or if the appeal is submitted late or not by an entitled person, the first instance authority will dismiss your appeal without examining the merits.

The fee for an appeal is HUF 5 500, which can be paid by credit card. If this is not feasible, you may pay this fee at a post office by using the cash transfer order (‘yellow cheque’), obtained at the regional directorate, and then submit the torn-off slip of the transfer order to the regional directorate as proof of payment. In the case of a ‘yellow cheque’, the name, date of birth of the client and the following text must be entered in the box provided: ‘Permanent residency card, appeal’.

The registration certificate issued has no validity period, so it will not expire and it does not need to be renewed. However, this document is only valid together with a valid identity card or passport.

A permanent residency card issued to any EEA national, together with a valid travel document or identity card, is valid for an indefinite period of time.

In the procedure for issuing the registration certificate, the first place of residence in Hungary is also declared. For the purpose of issuing an official certificate certifying one’s personal identification and address (shortened to address card), the OIF notifies the body that maintains the personal data and address register, which issues the address card on the basis of that notification. You will receive the address card by post; you do not need to submit a separate application for it.

However, it is important to know that if you change your place of residence later, you will need to notify the competent District Office of your new place of residence rather than the OIF.

The address card must be kept together with the registration certificate and handed over to the authority authorised for inspections.

If your travel document, identity card or the document certifying your right of residence is stolen, lost or destroyed, or if you find a document that you believed to be lost and reported it, you must report it to the regional directorate of the OIF covering your place of residence (www.oif.gov.hu). You will receive a certificate of notification.

If your passport is lost, stolen, destroyed or expires, you will only be required to obtain a new passport if you do not have a valid identity card.

You must also notify the regional directorate of the OIF covering your place of residence of the death or change of name of a family member residing with you, and whether the death or the event resulting in the change of name occurred outside the territory of Hungary.

If you stop exercising your right of residence in Hungary or leave Hungary permanently, you may notify the OIF of this fact and of the country of your next habitual residence, and submit your proof of residence to the regional directorate covering your place of residence.

When declaring your residence, you must declare whether you are suffering from any disease that endangers public health, whether you are infectious or in a pathogenic condition, or whether you are receiving compulsory and regular care with regard to these conditions.

You will find the forms required for the change or replacement of a permanent residency card and registration certificate under the contact details provided.

This information was prepared on 24 March 2020 in accordance with the legislation in force; for further information please visit the OIF website.

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Act I of 2007 on the admission and residence of persons with the right of free movement and residence

 

Government Decree 113/2007 (V. 24.) on the implementation of Act I of 2007 on the admission and residence of persons with the right of free movement and residence

 

Decree 25/2007. (V. 31.) IRM on the implementation of Act I of 2007 on the admission and residence of persons with the right of free movement and residence and of Act II of 2007 on the admission and right of residence of third-country nationals

 

Decree 28/2007 (V. 31.) IRM on the fees for procedures relating to the entry and residence of persons with the right of free movement and of third-country nationals

OIF SAJTÓ