Over the past months, I’ve noticed a disturbing trend: a growing number of EU long-term residence permit (EUPR) applications are being rejected in Hungary, and almost all of them are denied for the same reason — the Immigration Office claims the applicant’s financial resources are insufficient.
But the legal basis for these rejections is, in many cases, extremely weak. In fact, I believe that these decisions are not only unfair, but unlawful under EU law.
Even more troubling is the fact that Hungarian courts have begun to support these decisions, reinforcing a practice that contradicts both the letter and spirit of EU legislation, as well as the case law of the Court of Justice of the European Union (CJEU).
In this post, I’ll explain:
- What the law really says about financial requirements for the EUPR;
- How Hungarian authorities and courts are getting it wrong;
- What the CJEU has already ruled on similar issues;
- Why a legal challenge is needed — and how you can help.
What’s happening in Hungary?
If you’ve recently applied for an EU long-term residence permit in Hungary and received a rejection, there’s a good chance you were told one of the following:
- Your monthly salary is not “high enough”;
- You don’t have “long-term” savings;
- Your savings are not “old” enough to prove stability;
- You wouldn’t be able to buy a home with your current assets.
In some cases, all of these factors are combined into a vague assessment that your livelihood is not “secure.”
Let me be clear: these are not valid reasons for automatic rejection under EU law.
There is no legal requirement — either in Hungarian or EU legislation — that you must have a high salary, significant savings, or the ability to purchase property in order to obtain an EUPR.
What’s more, when decisions are made on this basis without a detailed, individualized assessment of your personal situation, they violate both Hungarian legal principles and EU legal standards.
What does EU law actually require?
The rules governing the EUPR are set out in Directive 2003/109/EC, which applies across all EU Member States. The goal of this directive is to give third-country nationals who have been legally and continuously residing in an EU country for at least five years a secure legal status comparable to that of EU citizens.
According to Article 5(1)(a) of the Directive, Member States may require applicants to show that they have:
“stable and regular resources which are sufficient to maintain themselves and their family members without recourse to the social assistance system of the Member State concerned.”
This is the only financial requirement under the Directive. It does not specify a fixed amount, does not require proof of long-term savings, and certainly does not require the ability to buy real estate.
In other words, if you have a modest but steady income, and you are not dependent on welfare, you should qualify under EU law.
What does the CJEU say?
The Court of Justice of the European Union (CJEU) has addressed this issue directly in several key cases.
Chakroun Case (C-578/08)
In this case, the CJEU ruled that Member States cannot impose fixed income thresholds without also conducting a case-by-case assessment. The applicant’s individual situation must always be taken into account, including family size, living costs, and any other relevant factors.
“[The Directive] must be interpreted as meaning that the Member States may not automatically refuse applications … solely on the ground that the applicant’s income falls below a certain threshold.”
— CJEU, Chakroun case, para. 48
This ruling originally applied to family reunification, but the exact same financial language appears in the EUPR Directive, and the CJEU has confirmed that the same interpretation applies.
X Case (C-302/18)
Here, the CJEU dealt specifically with the EU long-term residence permit. The Court confirmed that:
- The right to long-term resident status arises automatically if the applicant meets the legal conditions;
- Member States must not introduce additional requirements (such as the origin of the income or the amount of savings);
- Authorities must conduct individualized assessments, and not rely on automatic financial criteria.
In short: If you meet the legal criteria, the state must grant you the status.
So why is Hungary getting it wrong?
Despite these clear rules, Hungarian authorities — and even the courts — have developed an incorrect practice of interpreting the financial requirement in a strict and mechanical way.
They expect applicants to earn well above the minimum wage, to have significant long-term savings, and sometimes even to show that they could buy a home.
This interpretation goes far beyond what EU law allows, and even beyond what Hungarian national law says. The result is a systemic practice that unlawfully denies people their EU rights.
Even worse, the Hungarian courts have begun to accept and repeat this practice — and that is why it must be challenged at the judicial level.
Why I’m looking for a client
Changing administrative or judicial practice requires a clear and strong legal challenge. I am currently looking for a client who is:
- A third-country national;
- Has legally lived in Hungary for at least five years;
- Has applied for an EU long-term residence permit (EUPR);
- Received a rejection on the grounds of “insufficient financial resources”;
- Is willing to challenge the decision in court — and possibly at the CJEU.
If this sounds like you, I would be happy to represent you at a significantly reduced fee. I have experience litigating before the Hungarian courts, the Constitutional Court, the European Court of Human Rights, and the CJEU.
This case would not just be about your individual permit. It would be an opportunity to:
- Fix an unlawful administrative practice;
- Help others in similar situations;
- Ensure Hungary complies with its obligations under EU law.
How to get in touch
If you’re interested in taking part in this legal challenge — or even just curious about your options — feel free to reach out.
📧 Email: drsanta@drsanta.hu
🌐 Website: www.drsanta.hu
We can arrange an initial consultation via email, phone, or in person.
Let’s fight for what’s right — together.
And don’t forget: protecting your rights is my profession.
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