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Leaving Hungary for 6 months with a resident permit, what happens?

Last activity 25 September 2015 by GuestPoster279

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Marilyn Tassy

I have a 5 year resident permit to live in Hungary, good until next summer when I suppose it will be time for a 10 years permit.
We plan on visiting the US ( I am American, husband is dual US and HU) for 6 months time.
I noticed the Hungarian immigration office asks to know if a resident is out of Hungary for longer then 3 months time.
What process will there be in store if I tell them I am out of Hungary for 6 months?
Will I be able to cancel my Hungarian health insurance while out of the country?
Will I have to re start another 5 year stint for residency in Hungary or do they suspend it until I return from my trip?
I know we could go in and ask but that place makes me crazy to even think about visiting, not very helpful in the past.
As a non EU citizen from the US they want to know all of your moves in and out of the country, feel like a con on parole!

GuestPoster279

If you are still in the 5 year period before you can apply for "long term resident", according to the EU:

Can I leave the host EU country during the five-year period before I fill out my application?

Yes. You can spend periods shorter than six months in a row abroad, if those periods do not add up to more than ten months in total during the necessary five-year period before you hand in your application. Such periods outside you host country will not be considered as interruptions when calculating the duration of your residence.

In some exceptional circumstances, longer periods of absence may also be treated as not interrupting your residence. Depending on national law, these could include time spent outside your host country for military service, serious illness, maternity care, research or study.


From: http://ec.europa.eu/immigration/tab1.do … 0#longterm

Since, to become a long term resident you need to reside in the host country for an "uninterrupted period of five years in an EU country", if you stay away for 6 months it seems you may indeed have to restart your 5 year stint again. At least that is how I read it. Maybe should consult an immigration attorney for more professional advice and options.

GuestPoster279

klsallee wrote:

If you are still in the 5 year period before you can apply for "long term resident", according to the EU:

Can I leave the host EU country during the five-year period before I fill out my application?

Yes. You can spend periods shorter than six months in a row abroad, if those periods do not add up to more than ten months in total during the necessary five-year period before you hand in your application. Such periods outside you host country will not be considered as interruptions when calculating the duration of your residence.

In some exceptional circumstances, longer periods of absence may also be treated as not interrupting your residence. Depending on national law, these could include time spent outside your host country for military service, serious illness, maternity care, research or study.


From: http://ec.europa.eu/immigration/tab1.do … 0#longterm

Since, to become a long term resident you need to reside in the host country for an "uninterrupted period of five years in an EU country", if you stay away for 6 months it seems you may indeed have to restart your 5 year stint again. At least that is how I read it. Maybe should consult an immigration attorney for more professional advice and options.


Hope I'm not intruding here, but I wanted to share on this (even though it's neighboring Romania) because the law sounds virtually identical to Romania's regarding resident permits.

In Romania, if you're on a 5 year resident permit and leave for 6 months or more, not only must you restart your "clock", but in fact you'll find that your residence permit is automatically cancelled when you try to re-enter Romania (they track this in the computers at the border control and immigration authority offices).  So you end up having to reapply for a residency permit, and given that one was cancelled already, they may be reluctant or flat or deny a new one.

It is assumed that you have abandoned your residency status, just as you read it kisallee.  If it all possible, wait until obtaining that 10 year permanent residency card (if that does indeed exist in HU), then go wherever, however long you like without worries.

Romaniac

GuestPoster279

romaniac wrote:

10 year permanent residency card (if that does indeed exist in HU)


The 10 year, automatically renewable, permanent residence card exists in Hungary. It is suppose to be available in all EU countries, especially and at least for family members of EU citizens.

Marilyn Tassy

Thanks,went to the site and asked my questions, just have to wait for an answer.
may just go into immigration in person.
Looks like you can leave for medical issues, well that would be easy enough since I'm falling apart by the day!!

Marilyn Tassy

My Hungarian husband read up on this issue, yes I may have to re start my 5 year permit. So close to the finish line but have to go for a bit.
Could of perhaps gotten a long term 10 year permit but even then there were restrictions, could only leave HU for one year.
I may not even be alive in 10 years so, will go go with the wind and take my chances.
We are sort of done with Hungary and if they reject me, then perhaps that is the little push I need to move for good.
Hungary is not exactly the same country now that we had planned on retiring in anyways.
Willing to restart the process if needed when I return. As the wife and mother of Hungarian citizens I think my tract record of living in Hungary speaks for itself, always paid every bill on time and never asked for any freebies in nearly the 5 years I have been here.
If that is not good enough for immigration then too bad. Thanks everyone for your input though.
I always enter HU with my US passport, never have had any need to show my resident permit at the airport before.
Guess one more illegal in Hungary is not going to tear the place down... just joking of course never have been an illegal and never plan to be one.

craigsailor

One quick question, why haven't you applied for Hungarian citizenship? That would certainly solve this problem and from the information you've given, you should qualify.

GuestPoster279

craigsailor wrote:

One quick question, why haven't you applied for Hungarian citizenship? That would certainly solve this problem and from the information you've given, you should qualify.


I can not answer for Marilyn, but :

1) Not everyone wants to be a Hungarian citizen, or to be a dual citizen. And for US citizens:

"The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause." from: http://travel.state.gov/content/travel/ … ality.html

2) There is still a language (and probably a culture) test requirements for third country spouses to become a Hungarian citizen, so not so easy to qualify as one may assume.

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