When can the Permanent Residence Permit be withdrawn?
Learn those circumstances when a permanent residence permit can be withdrawn by the immigration authority
Although the permanent residence permit provides its holders with the right to stay in Hungary for an indefinite period, in some situations, the immigration authority might or must withdraw the previously issued permanent residence permit. In this post, we present those circumstances when the immigration authority can take back the previously issued permanent residence permit, in order for you to be aware of how you can keep this hard-earned immigration document. We describe these circumstances separately for the National Permanent Residence Permit (N-PRP) and for the EC Permanent Residence Permit (EC-PRP).
NATIONAL PERMANENT RESIDENCE PERMIT
Significantly changed circumstances. If the personal circumstances of the N-PRP holder have changed so significantly that the hypothetical issuance of the N-PRP would not be possible based on these new conditions, the immigration office may withdraw the N-PRP within the first five years of having this document. Having a Hungarian accommodation and the capability of financing the own and the dependant’s living costs, in particular, are these conditions. The renewal of the N-PRP card shortly before its five-year validity expires can be a good apropos for the immigration authority to review these conditions.
Broken family relationship. Being a spouse of a Hungarian citizen or a person who already has a permanent residence permit creates a favourable condition to obtain an N-PRP. The immigration authority may withdraw the N-PRP if the marriage that was the basis of the issuance of the N-PRP has broken unless the given person held the N-PRP with living in that marriage for more than three years, or the reason for the broken marriage was the death of the spouse. Being a minor child of a person who holds a permanent residence permit also provides the possibility to obtain an N-PRP easier. However, the immigration office may also withdraw the N-PRP issued thereby when the aforementioned minor child becomes 18 unless the minor child holds the N-PRP for more than four years.
Leaving Hungary for more than six months. The immigration authority may also withdraw the N-PRP if its holder left the territory of Hungary for more than six months in a row unless the following two conditions are met: (i) the holder of the N-PRP informed the immigration authority about the reason and the duration of his/her leave in writing, and (ii) the holder of the N-PRP spent at least half a year in Hungary within the one-year period prior to the aforementioned written notification is provided to the immigration authority.
Leaving Hungary for more than two years. Even if the N-PRP holder informs the immigration authority that he/she intends to leave Hungary for more than six months, if his/her Hungarian leave is for more than two years (without returning for a single day in the meantime) or if the reason of the leave is an intention to settling down in another country, the immigration authority has the legal basis to withdraw the N-PRP.
Misleading the immigration authority. The N-PRP is withdrawn by the immigration authority if its holder provided false information, or he/she communicated untrue facts to the immigration authority in order to receive the N-PRP thereby.
EC PERMANENT RESIDENCE PERMIT
Leaving the EU for more than 12 months. The immigration authority withdraws the EC-PRP if its holder left the EU countries for more than 12 months in a row. If the EC-PRP was issued due to holding an EU Blue Card in Hungary, the EC-PRP holder can leave the EU for up to 24 subsequent months without the withdrawal of the EC-PRP.
Obtaining a permanent residency in another EU member state. The immigration authority withdraws the EC-PRP if its holder acquired a permanent residency status in another EU member state.
Leaving Hungary for more than six years. The immigration authority withdraws the EC-PRP if its holder left Hungary for more than six subsequent years.
Misleading the immigration authority. As it is the case with the N-PRP, the EC-PRP is also withdrawn by the immigration authority if its holder provided false information, or he/she communicated untrue facts to the immigration authority in order to receive the EC-PRP thereby.
If an EC-PRP was withdrawn due to the aforementioned first three reasons (leaving Hungary for more than 12 months, obtaining a permanent residency status in another EU country, or leaving Hungary for more than six years), the given person can apply for an EC-PRPR again without that general requirement that he/she would have to stay in Hungary or in the EU for five years before the EC-PRP application.
This article did not touch on the interim permanent residence permit due to its special purpose and its rare occurrence. There are some further reasons based on which the immigration authority has the right to withdraw the N-PRP or the EC-PRP, e.g., the spouse of the N-PRP holder left Hungary, the N-PRP or the EC-PRPR holder is expelled from Hungary or he/she asks the authority to withdraw his/her permit. Due to the rare occurrence and the obviousness of these situations we did not specify these situations.