COMPARISON OF THE EC AND THE NATIONAL PERMANENT RESIDENCE PERMITS

Not to mention the mandatory documents to be submitted with the application, the National Permanent Residence Permit and the EC Residence Permit share several similarities that sometimes can make it difficult to decide which one would be the most suitable for those who are planning to stay in Hungary for a longer period of time.

1. CONTINUITY OF LAWFUL RESIDENCE

Having regard to the purpose of permanent residence, only those are eligible for a National Permanent Residence Permit who have acquired a Residence Permit or an Interim Permanent Residence Permit previously. Another important prerequisite is that the applicant’s stay in Hungary should be in accordance with the State’s interests, therefore the mere lawful and continuous residence in the territory of Hungary for an at least 3 years’ time does not guarantee the success of the application. These two requirements are in place for those as well who are applying for the permit on the grounds of having a Hungarian relative or spouse.

As for the EC Permanent Residence Permit application requirements, if the applicant already holds an EU Blue Card, the required time of lawful and continuous residence is at least 5 years in any Member State of the EU, of which the last 2 years have to be spent lawfully and continuously in Hungary. Without an EU Blue Card, the required time of lawful and continuous residence is minimum 5 years in the territory of Hungary prior to the time of application.

       2. STATE’S INTERESTS

The granting of a National Permanent Residence Permit is not a subjective right even if other conditions are met. It is particularly emphasized in Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals that a third-country national may obtain a National Permanent Residence Permit if his or her settlement is in line with Hungary’s particular interests.

The authority’s criteria include, especially, but not exclusively, the extent to which the applicant’s settlement serves Hungary’s economic, scientific, cultural and sports interests, whether he or she owns any real estate property, how long he/she has lived in Hungary, as well as the high level of social integration of the third-country national, i.e., adequate Hungarian language skills, extensive circle of Hungarian friends, etc.

The State’s interests are not listed objectively or exhaustively in the relevant laws, as each case is unique, but it is for the applicant to prove their existence.

3. DISCONTINUITY OF RESIDENCE

With regard to the National Permanent Residence Permit occasional exits from the territory of Hungary for periods shorter than 4 months shall not be considered an interrupted residing in the territory of Hungary if the total time of residing abroad does not exceed 270 days (9 months) within the 3 years preceding the submission of the application.

As to the EC Permanent Residence Permit the following cases shall not be considered an interrupted residence in the territory of Hungary:

• in terms of the 5 years, if the occasional exits from the country are for periods shorter than 6 months, with the condition that the total time of residing abroad does not exceed 300 days (10 months) within 5 years prior to the application;

• in case of third-country nationals holding an EU Blue Card, if the occasional exits from the territories of the Member States of the European Union are for periods shorter than 12 months, if the total time of residing abroad does not exceed 18 months within 5 years prior to the application.

4. RIGHT TO TRAVEL AND TO STAY OUTSIDE OF HUNGARY

The major difference between these two permits, apart from the application conditions, is related to the rights to travel.

A third-country national holding a valid National Permanent Residence Permit or an EC Permanent Residence Permit has the right of entry without a visa and the right of residence in the territory of the Schengen Member States not exceeding 90 days within a 180-days period.

The EC Permanent Residence Permit grants the right to reside in the territory of the EU Member States (other than the one which granted him/her the long-term residence status) for a period exceeding 90 days within a 180-days period (for more than 3 months within a 6-months period) provided that the conditions set out in the relevant legislation are met.

Residence in another EU Member State with an EC Permanent Residence Permit is allowed on the following basis:

• exercise of an economic activity in an employed or self-employed capacity;
• pursuit of studies or vocational training;
• other justified purposes.

5. WITHDRAWAL OF PERMITS WITH REGARD TO THE TIME SPENT ABROAD

A National Permanent Residence Permit may be withdrawn:

• if the third-country national was absent from the territory of Hungary for a period of over 6 months, except if the third-country national notifies in writing the regional directorate about his/her intention to exit the territory of Hungary for a period of more than 6 months, with the reasons and the planned duration of foreign residence indicated.

If the third-country national leaves the territory of Hungary for a period not exceeding 2 two years for reasons other than permanent foreign resettlement, the competent regional directorate cannot withdraw the permit during the period of time spent abroad indicated in the notice – on the grounds of the third-country national’s absence from Hungary for a period exceeding 6 months of this person – provided that the third-country national in question resided in the territory of Hungary for at least 180 days (6 moths) within a period of 1 year before the notice was given to the immigration authority.

Without the requirement of any further notice given by the third-country national, the immigration authority shall withdraw the EC Permanent Residence Permit if:

• the third-country national was absent from the territory of the Member States of the European Union for a period of over 12 months (1 year);
• the third-country national was granted long-term resident status in another Member State of the European Union;
• the third-country national was absent from the territory of Hungary for a period of over 6 years;
• the third-country national was granted the EC Permanent Residence Permit as holder of an EU Blue Card or as a family member of an EU Blue Card holder, and was absent from the territory of the Member States of the European Union for a period of over 24 consecutive months (2 years).

Therefore, the more permissive conditions of withdrawal (leaving the EU for more than 12 / 24 months, or Hungary for more than 6 years) also contribute to the higher degree of freedom regarding travelling rights granted by holding an EC Permanent Residence Permit.

6. VALIDITY PERIOD

A third-country national with permanent resident status shall have the right to reside in the territory of Hungary indefinitely. The validity period of both permits is 5 years which can be prolonged for another 5 years upon request. If the applicant has a child born in Hungary during his or her stay, the child automatically obtains a National Permanent Residence Permit within 5 days after the registration of birth, also if the parent holds an EC Permit.

7. EMPLOYMENT RIGHTS

The third-country national holding a valid National Permanent Residence Permit or an EC Permanent Residence Permit has the right to engage in employment without any additional demand for labor / special work permit / official position statement.

8. ID + ADDRESS CARD

Upon receipt of the National Permanent Residence Permit / EC Permanent Residence Permit the third-country national will be entitled to request a Hungarian ID card and Address Card at the competent government offices.

In conclusion, the EC Permanent Residence Permit is of particular importance, as it is the highest-level permanent residence permit in Hungary, which (compared to the National Permanent Residence Permit) grants its holder a wider range of mobility rights and the same rights in the field of economic and social affairs as of the citizens of the Member States.