An EU Blue Card may be given to a third-country national if:
· he/she has a valid travel document;
· he/she is able to verify the purpose of his/her entry and stay;
· he/she is not subject to expulsion or exclusion, and is not considered to be a threat to public security or public health, or to the national security of Hungary;
· a SIS alert has not been issued for the purposes of refusing his/her entry and residence; and
· he/she is not subject to any grounds for exclusion provided for by law;
· his/her employment is justified in line with specific guidelines laid down by the relevant legislation, or on grounds of domestic employment policy considerations;
· he/she has full healthcare insurance or applied for coverage for healthcare services with respect to all periods when his/her contract for employment relationship carries no insurance; and
· he/she has notified the address of his/her accommodation in the territory of Hungary.
A third-country national holding a residence permit issued by any Member State of the European Union for the purpose of highly qualified employment shall be issued a EU Blue Card:
· after eighteen months of legal residence in the Member State having issued the EU Blue Card, and
· if able to meet the above-specified requirements for receiving an EU Blue Card.
An EU Blue Card may not be issued:
· to any third-country national who has applied for refugee status to the refugee authority, or who requested any subsidiary form of protection or temporary protection from the refugee authority;
· to any person who has been granted any subsidiary form of protection or temporary protection in Hungary;
· to any person who has been granted temporary protection;
· to a third-country national holding a residence permit for the purpose of carrying out research;
· to any person authorised under specific other legislation to exercise the right of free movement and residence;
· to any third-country national holding an EC permanent residence permit certifying long-term residence status granted by any Member State of the European Union;
· to any third-country national who enter the territory of Hungary under commitments contained in an international agreement facilitating the entry and temporary stay of certain categories of trade and investment-related natural persons;
· to any third-country national who is residing in the territory of Hungary with a residence permit issued for the purpose of seasonal employment, or who has been admitted to any Member State of the European Union as a seasonal worker;
· to any third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as long as he/she is posted on the territory of Hungary.
Third-country national: non-Hungarian citizens and stateless persons except for persons having the right of free movement and residence (EEA nationals and family members accompanying or joining an EEA national or a Hungarian citizen).
Stateless person: a person who is not considered as a national by any State under the operation of its law.
EU Blue Card: a residence permit entitling its highly qualified holder to reside and work in highly qualified employment in the territory of a Member State under the terms set out the relevant legislation.
Single permit: a residence permit allowing a third-country national to enter into a contract for employment relationship with an employer and to reside legally in the territory of Hungary for the purpose of work.
Single application procedure: any procedure leading, on the basis of a single application made by a third-country national, to a decision ruling on that application for residence exceeding ninety days within a one hundred and eighty day period and for entering into a contract for employment relationship with an employer in the territory of Hungary.
INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS
Requirements: the completed form and the prescribed enclosures, payment of the procedure fee.
Please note that when submitting the application the applicant is required to appear before the authority in person, except if unable to appear due to his/her health condition.
Additionally, be advised that an application for the issue or extension of a residence permit may be submitted – in the case of preferred employer – by the prospective employer as well, provided that the client has consented in writing. In that case the immigration authority may communicate with the employer as well, however, the client will be notified of all procedural steps taken.
Preferred employer shall mean:
- an employer having signed a strategic partnership agreement with the Government;
- any employer that plans to employ in Hungary a third-country national from a country neighbouring Hungary in any of the professions provided for in a communication by the Ministry of National Economy;
- any employer who implements an investment project of preferential status for national economy considerations.
Except as provided for by law, an application for an EU Blue Card may be submitted to any consulate officer of Hungary, or at any other place authorised to accept applications for residence permit located in the country where the applicant’s permanent or temporary residence is located, or in the country of the applicant’s nationality. At the time of submitting the application the applicant shall produce his/her valid travel document. Where the application for residence permit is submitted through the employer, the client is nevertheless required to appear in person before the competent authority, when so requested by the authority, for the purpose of data processing and for carrying out other procedural steps.
When the application is submitted, the applicant’s facial likeness and fingerprint will be taken for the residence permit issued with biometric data. The third-country national is obliged to abide by that procedure.
Enclosed with the application the third-country national is required to provide a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union if the application is refused.
If the regional directorate approves the application for EU Blue Card, it authorises the relevant Hungarian diplomatic or consular mission to issue an entry visa for receiving a residence permit, of which the competent consulate officer shall be notified. The entry visa for receiving a residence permit shall be issued by the competent consulate officer based on the regional directorate’s decision.
Third-country nationals residing in the territory of Hungary may submit an application for an EU Blue Card at the regional directorate responsible for the place where the place of accommodation of the third-country national is located if there are special circumstances to justify submission of the application in Hungary, or if lawfully residing in the territory of Hungary as a national of the States listed in Annex II of Council Regulation 539/2001/EC, or together with such third-country national in the capacity of a family member.
The special circumstance referred to above shall, in particular, cover any event related to medical treatment, family reunification or occupational activity that has occurred for reasons beyond the third-country national’s control, and that prevents to have the application submitted at a place normally prescribed under general provisions set out by law.
The competent authority shall examine the application for an EU Blue Card in a single application procedure, and the decision on the merits will be adopted within seventy days from the date of submission of the application.
Please, click here to access detailed information on the single application procedure.
Third-country nationals shall submit the application for the extension of their EU Blue Card to the regional directorate responsible for the place where the place of accommodation of the third-country national is located using the form prescribed by specific other legislation for this purpose, not later than thirty days before the expiry of the validity of the residence permit.
If a third-country national holding a residence permit issued by any Member State of the European Union for the purpose of highly qualified employment wishes to submit an application for an EU Blue Card, he/she must do so within thirty days from the date of entry accompanied by documents in proof of compliance with the requirements set out by law.
The fee charged for the procedure for issuing an EU Blue Card is EUR 60 if submitted abroad, or HUF 18,000 if submitted in Hungary. The fee charged for the extension of an EU Blue Card is HUF 10,000, payable by the applicant in the form of revenue stamp.
Please note that the immigration authority processes applications submitted after 1 January 2016 by way of the so called summary proceeding, in cases where the administrative time limit for the proceeding is less than two months, or sixty days. If the authority is in possession of all information and all necessary conditions are available for bringing a decision and for ascertaining the relevant facts of the case, the authority is required to make the decision without delay, at the latest within 8 days. If the conditions for summary proceeding are not satisfied (some information is lacking, hence a request for remedying deficiencies or for national legal assistance is to be dispatched) the proceeding will be carried out within the normal time limit. In that case, the authority brings a conditional decision within 8 days from the date of receipt of the application for the opening of the proceeding, and informs the client that if it fails to bring a decision within 60 days after the application is received, it shall refund the procedural fee to the client and shall grant exemption from the payment of any other fees. The immigration authority shall not bring a conditional decision if a decision on the merits is adopted within 8 days from the date of the opening of the proceeding, or if the proceeding is suspended or dismissed, or if the application is refused without any examination as to merits.
The provisions on summary proceedings shall not apply, and no conditional decision is to be made if a specialist authority is involved, or if the immigration authority requests the opinion of an authority provided for by specific other legislation for the protection of public security or national security.
In case of refusal, the decision may be appealed within 8 days of delivery, submitted with the authority of the first instance, or at the Hungarian diplomatic or consular mission where the application was submitted. If the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of the first instance shall dismiss the appeal without any examination as to merits. The administrative service fee for the appeal is HUF 5,500, payable in the form of revenue stamp. The administrative service fee for the appeal, if submitted at a Hungarian diplomatic or consular mission, is EUR 20.
Click to the following link to download the form required for the filling of the application.
Forms in PDF can be downloaded and filled in handwritten:
DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE
The purpose of entry and residence may be verified by a prior agreement concluded with a view to entering into a contract for employment relationship for a fixed period of not more than four years, or an existing employment contract entered into by the employer and the third-country worker for the purpose of highly qualified employment.
The higher education qualifications required for the job to which the prior agreement concluded with a view to entering into a contract for employment relationship or the employment contract – enclosed with an application for an EU Blue Card – pertains may be verified by a certificate in proof of higher education or professional qualifications.
DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY
Sufficient resources to cover the applicant’s subsistence in Hungary may be verified:
· by a prior agreement concluded with a view to entering into a contract for the purpose of highly qualified employment, or
· by an existing employment contract.
DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION
In the notification of accommodation the third-country national shall enclose the accommodation registration form, prescribed by specific other legislation, signed by the lawful holder of the real estate property.
DOCUMENTS ON COMPREHENSIVE HEALTH INSURANCE
Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.
During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case.
An EU Blue Card shall be made out for a period of at least one year. If the contract of employment is for a shorter period, the EU Blue Card shall be made out for the term of the relationship covered by the contract of employment, plus three months.
The validity period of an EU Blue Card shall be four years maximum, and it may be extended by four additional years at a time. However, the validity of the travel document should also be taken into consideration, in that in spite of the above, the validity of the EU Blue Card may not exceed the validity period of the passport where the purpose of residence is the pursuit of gainful employment in possession of an EU Blue Card.
ACCRUED RIGHTS AND OBLIGATIONS
· A third-country national holding a valid EU Blue Card has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.
· Please note that, for a period of two years after the date of issue, the holder of an EU Blue Card shall be allowed to work:
· only in the employment relationship for which it was issued, or
· only in an employment relationship authorised in connection with domestic employment policy considerations, for the purpose of highly qualified employment.
· If a third-country national with a residence permit gives birth to a child who is a third-country national in the territory of Hungary, the third-country national shall report such birth with the following information enclosed:
· the natural identification data of the child as provided for by law;
· particulars of the child’s travel document;
· address of the child’s place of accommodation or home address.
· Third-country nationals are required to promptly report to the immigration authority (the regional directorate of the Immigration and Asylum Office, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad) if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.