Temporary vs Permanent Residence in Hungary

The first thing we draw your attention to is that visa and residence permit are two different concepts. If a foreign citizen from a non-EEA country comes to Hungary, then as a main rule – even with a visa; even without a visa, if coming from a visa-free country – he/she can stay in Hungary for 90 days within 180 days. However, if one wants to stay longer than this period, he/she won’t need a visa, but a so-called temporary residence permit. A visa is a sticker affixed to the passport and entitles the foreigner to stay within 90 days, while a temporary residence permit is a plastic card that resembles a driver’s license or an identity card.

Therefore, if someone wants to spend more than 90 days in Hungary within 180 days, they must apply for a (temporary) residence permit. Where the foreign citizen can do this depends on whether the country he/she came from is on the list in Annex II of Regulation (EU) 2018/1806 of the European Parliament and the Council. Regarding where the procedure can be started, we recommend this article.

A (temporary) residence permit can always be obtained linked to a certain purpose. This means that the legal title under which the foreigner requests the residence permit must be indicated when the procedure is initiated. Assessing this requires careful legal assistance and consideration. There are nearly two dozen different types of temporary residence permits: e.g. for the purpose of family reunification, study, traineeship, job-searching, entrepreneurship, employment, gainful activity, and medical treatment. If the purpose of the stay is real and can be clearly defined, but does not fit into any of the named categories, one can request a so-called Residence Permit for Other Purposes. These permits will be valid for 1-2-3 years (in some cases for 4-5 five years), and can usually be renewed once or more.

A lot of people come to our office saying that they want permanent residence, i.e. a Permanent Residence Card. But this is not possible. In the past decade, there were only two or three opportunities provided by Hungarian law where someone could essentially get a settlement permit or permanent resident status right away. This was the case with the former so-called settlement bond program, which has by now ceased, or e.g. the British citizens remaining in Hungary after Brexit could immediately apply for a national settlement permit; and even now, in exceptional circumstances that deserve consideration, the Minister of the Interior can authorize the permanent settlement of a foreigner in Hungary even if the foreign applicant does not otherwise meet the conditions for a permanent residence card in Hungary. In other cases, however, the normal route should be followed.

Having a permanent residence status is the last step before citizenship, which is why the immigration authority examines very strictly who is allowed to settle permanently in Hungary. This type of document, entitling to permanent residence in Hungary, can usually be requested after 3 years of residence in Hungary (1 year in exceptional cases). With a Permanent Residence Card, one can freely work, stay, and start a business in Hungary. The permanent residence card is issued for 5 years and can be continuously renewed. The time spent in Hungary with a permanent residence permit already counts towards the time required for Hungarian citizenship. It is important, however, that a permanent residence card can only be applied for, and the permanent resident status maintained later, if the foreigner is not absent from the territory of Hungary for more than four consecutive months at any given time, and if the combined duration of the foreign national’s absence does not exceed two hundred and seventy days over a period of three years before the application is submitted. It is also important to know that the applicant’s ties to Hungary are already strictly examined for the permanent residence card, which requires careful legal preparation well in advance. To prove the links to Hungary is essentially the most important component of applying for a permanent residence card. In this regard, our law firm can usually provide a lot of advice and help to our clients.

We emphasize that if someone’s goal is to obtain a permanent residence card, it is worth visiting our office up to 1 year or even 1.5 years before applying for the permit because we will offer steps and we will have proposals that must be prepared well in advance, and which have a much smaller positive effect if the foreign applicant only attempts them immediately before submitting the permanent residence card’s application. In general, we think that if someone is applying for a permanent residence permit, it is definitely worth trying with the involvement of an immigration attorney, because such a procedure alone has MANY pitfalls.