Bevándorlási és Állampolgársági Hivatal

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CONTENT

Information for preferred employers

Preferred employer:

a) an employer having signed a strategic partnership agreement with the Government;

b) 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;

c) any employer who implements an investment project of preferential status for national economy considerations.

d) any host entity that plans to provide employment to an intra-corporate transferee in Hungary.

 

In the case of preferred employers, an application for

  • Residence permit for the purpose of employment,
  • EU Blue Card
  • the issue or extension of a residence permit for the purpose of intra-corporate transfer, and an application for residence permit for the family members of these foreign nationals may be submitted by the employer or the host entity, subject to the client’s written consent.

 

In that case the competent immigration authority may communicate during the proceedings with the employer as well, however, the client has to be informed of the contents of documents sent to the employer.

For the purpose of compliance with requirements set out by law, the client shall appear in person before the competent immigration authority, when so requested by the authority.

If the application:

·         is not in compliance with the requirements provided for by law, or

·         is in compliance with the requirements provided for by law, however, it is deemed necessary in connection with any new information that may have emerged in the process of ascertaining the relevant facts,

the competent immigration authority shall advise the applicant to remedy the deficiencies within a prescribed time limit of not more than forty-five days, indicating also the legal consequences of non-compliance.

If the application is submitted by the preferred employer, if the application submitted is incomplete, the competent immigration authority shall promptly deliver a notice for remedying deficiencies to the client, or to the employer, of which the client shall be duly informed.

 

Notification requirements:

The employer is be required to ascertain on or before the first day of employment of a third-country national that the third-country national affected has a valid residence permit or some other form of authorisation for stay, or has a permit prescribed in this Act for engaging in gainful employment.

The employers is required to keep a copy of the valid residence permit or other form of authorisation presented by the third-country national affected for the entire duration of employment.

The employers is required to notify the immigration authority of the start of employment of third-country nationals within five days.

The employer or host entity is required to notify the immigration authority within five days if the third-country national failed to report for work as authorised, or if his/her employment is terminated before the expiry of the validity period of his/her work permit or single permit.

The employer shall submit the notices referred to above accompanied by the following information:

·         the employer’s particulars (name, address, registered address, place of business, company form, registered number);

·         the natural identification data of the third-country national worker or intra-corporate transferee;

·         number of the residence authorisation of the third-country national worker or intra-corporate transferee;

·         position;

·         the date of taking up work or effective date of intra-corporate transfer, or failure to do so as scheduled, or the date of termination of employment before the expiry of the work permit or single permit.

Any employer or host entity that fails to satisfy the notification requirement shall be subject to a penalty – provided for in other legislation –, which shall increase in amount according to the number of employed third-country nationals, for the protection of public policy levied by the immigration authority.

 

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2013 Bevándorlási Hivatal, by Chronos Systems

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