EC Residence Permit

[natwarlal.govinda]

Hello All

I need an advise and would really appreciate any one response.

I have been living in Hungary since 2012 and as far as I know I will be eligible to apply for EC Residence Permit from Jan 2017. One of EC Residence Permit requirement is one has to live in that country for 5 years.

I am professionally engineer but I was on assignment in Germany for 2 years but still being paid in Hungary. My question is am I still eligible to apply for EC residence permit.

As far I understand one doesn't have to be outside EU for some specific time. but I was in Germany which is part of EU offcourse.

Someone who could clear me.
I would really appreciate.

Thank you

[noajthan]

Absence from host country of greater than 6 months (or possibly 1 year in exceptional cases) will break continuity of residence in that host country and reset you PR clock to zero.

[natwarlal.govinda]

Thank you for reply. But it is applicable if you are outside EU. I was on business project in Germany which is part of EU. am i still eligible to apply.

[noajthan]

Thank you for reply. But it is applicable if you are outside EU. I was on business project in Germany which is part of EU. am i still eligible to apply.

You have some misunderstandings there, the EU is not just one big bucket with a one-size-fits-all type of RC regardless of where you reside.

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

And check out continuity of residence - Article 16, loss of PR & etc in the Directive:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

[natwarlal.govinda]

Thank you for sharing. The information I have read is not outside EU. I have also heard that people who are working and sometimes visiting due to business travels, they were in same situation but applied and got it.
Like I said I heard, I have not talked with someone who was in this situation

[mgb]

It depends if your center of live was still in Hungary.
For instance you came home to Hungary every weekend or at least one time per month.

[noajthan]

Thank you for sharing. The information I have read is not outside EU. I have also heard that people who are working and sometimes visiting due to business travels, they were in same situation but applied and got it.
Like I said I heard, I have not talked with someone who was in this situation

Suggest start by reading the above links as the Directive is the single source of truth in this matter.

[mgb]

Not necessarily. The definition if the residence was given up or not is more important.
Maybe the directive for posted workers give another hind.

[ALKB]

I am professionally engineer but I was on assignment in Germany for 2 years but still being paid in Hungary.

Did you have a work/residence permit for Germany for those two years?

[natwarlal.govinda]

Hi, Yes I had it for both Germany and Hungary at the same time.

[ALKB]

Hi, Yes I had it for both Germany and Hungary at the same time.

And did you maintain a residence in Hungary during that time?

If so, how often did you return to Hungary and do you have documentary evidence of this?

[secret.simon]

Are you the holder of an EU Blue Card? If not, what is the basis of your residence in Hungary?

Permanent Residence is acquired automatically under EU law, but it is acquired in terms of a specific member state of the Union. Thus, if I were to acquire PR in the UK, that is limited to the UK. If I wanted to visit France or the Netherlands, I would still need a Schengen visa, for instance. Similarly, your Hungarian PR, when acquired, would be limited to Hungary. You would still need a visa for the UK or Ireland (even before Brexit).

Similarly, when it comes to acquisition of PR, it is residence in the specific member-state that matters.

The rules for EU Blue Card holders are different and some countries (again depends on the member states, not EU law) allow you to aggregate either all or some of your time in other member states. You could also acquire PR much faster. Germany for instance allows a Blue Card holder to apply for (it does not seem to be acquired automatically) PR within 33 months if s/he can demonstrate proficiency in German. So, if you are a holder of an EU Blue Card, that changes the rules completely.

But even the PR acquired under the EU Blue Card is specific to that country and is not EU wide.

I had a look at the Posted Workers Directive, but that seems to cover things like minimum wage, holidays, health and safety, etc, not the right of non-EEA migrants in the EU.

[natwarlal.govinda]

Hi, Yes I am holder of EU Blue Card.