INFORMATION

on

Residence permit for the purpose of posted work

1. 1)Which third-country nationals are eligible to be granted a residence permit for the purpose of posted work?

A third-country national is eligible to be granted a residence permit for the purpose of posted work if:

• ·(s)he is a holder of a valid residence permit for the purpose of employment issued by a Member State of the European Union, and
• ·is to undertake his/her employment in Hungary under employment relationship with the posting business for a limited period of time:

1. a)in the name and under the direction of the posting business, under contract between the posting business and the recipient of the service in the given Member State,
2. b)at the work premise of the posting business group or at the business, or
3. c)posted by the posting temporary work agency business or labour force providing business to a business established or functioning in Hungary.

Please note that the posting business and the employee are required to be in an employment relationship throughout the duration of the posting.

Definition of third-country nationals:

• ·Non-Hungarian nationals who are not persons with the right of free movement and residence, i.e. who are not EEA nationals or family members of an EEA national, and
• ·stateless persons

qualify as third-country nationals.

1. 2)Where can clients submit their applications?

1. I.Application for the issuance of a residence permit

Clients, as holders of a valid residence permit entitling the holder to undertake employment issued by a Member State of the European Union, can submit their applications in Hungary during their legal stay in Hungary.

Application submission in Hungary is available:

• ·by electronic means via the electronic information system and procedure initiation platform ofEnter Hungary, which is available by clicking here, or
• ·in person, before the competent regional directorate of NDGAP as per the applicant’s place of accommodation. Contact details of the regional directorates and further information are available by clicking here.

Please note that application submission is available only via the Enter Hungary platform if your attorney-in-fact is a legal representative or a legal person.

1. II.Application for the extension of a residence permit

Submission of applications for the extension of a residence permit for the purpose of posted work is only available within the territory of Hungary, via the platform of Enter Hungary, which is available by clicking here.

Please note that the residence permit may be extended for the same purpose only within 2 years from the date of its issuance.

Please be informed that the extension of the residence permit is only possible if

• ·you are a holder of a valid residence permit at the time of application submission,
• ·you resided within the territory of Hungary with your residence permit at least for 90 days in any 180-day period.

Furthermore, please note that an application for the extension of a residence permit is to be submitted at least 30 days prior to the date of expiry of the issued residence permit.

1. 3)Additional information on application submission

For submission of an application in person, applicants are required to complete the application form correctly in full and to submit the completed document with their signature. The form is available by clicking here and the appendix here.

For submission of an application via the platform of Enter Hungary, the full and correct completion of the electronic application form is required, which is available on the platform. The platform of Enter Hungary is available by clicking here.

For the purpose of the issuance of a residence permit comprising biometric data, a facial photograph and fingerprint of the applicant will be taken.

An application submitted via the platform of Enter Hungary is deemed to have been received by the immigration authority, if the administrative service fee has been paid, and the facial photograph and fingerprint of the applicant is taken and signature specimen of the applicant is recorded within 15 days from the date of receipt. The immigration authority will send out a notification when your application is deemed to have been received.

1. 4)Administrative service fee for the procedure

For information on administrative service fees for procedures, please click here.

1. 5)What are the mandatory attachments/enclosures of an application?

For the approval of an application for a residence permit, the applicant is required to meet conditions for entry and residence in Hungary, during the procedures mandatory attachments/enclosures may serve as proof of meeting the set conditions.

Please make sure completion of the attachments/enclosures is in full and check all documents before submission, supporting the soonest possible processing and examination of the application.

Documents in proof of the purpose of residence

The following documents must be submitted in proof of the applicant’s purpose of residence:

• ·A copy of the applicant’s residence permit document entitling its holder to undertake employment issued by a Member State of the European Union,
• ·contract of employment or a certificate of employment as a document verifying the existing employment relationship with the posting business,
• ·a certificate on the posting and its duration issued by the posting business.

In addition to the above listed documents, submission of one of the following documents is required:

• ·a contract concluded between the posting employer and the Hungarian employer who is the recipient of the service,
• ·proof of ownership of the posting business or business group regarding the employer’s work premises or business in Hungary,
• ·proof that the posting is from a temporary work agency (i.e. lender of labour force) or labour supply business to a business established or operating in Hungary.

Documents in proof of means of subsistence in Hungary

One of the following documents must be submitted as proof that the applicant has sufficient resources, i.e. (s)he can cover costs related to his/her subsistence, accommodation, return/onward travel (i.e. exit from Hungary) and healthcare services from legally acquired income and savings:

• ·a certificate from a credit institution under the applicant’s name (e.g. a bank account statement, an account statement on savings or stocks and bonds, bank balance statement),
• ·a declaration on undertaking provision of support for care and maintenance of the applicant by the family member of the applicant drawn up in form of a notarial deed, and a document proving that the person undertaking the support of the applicant is capable of the provision of support for the applicant,
• ·a document on regular income issued by the employer or the tax authority.

Documents proving that the applicant has a place of accommodation in Hungary

One of the following documents must be submitted as proof that the applicant is the owner of a residential property suitable for habitation, or (s)he has legal title to use such a real estate:

• ·a residential lease contract,
• ·a document on accommodation by courtesy,
• ·a document in proof of ownership of the residential property,
• ·a document in proof of the reservation of accommodation and payment for it.

Documents proving that the applicant has health insurance

Documentary evidence must be submitted as proof that the applicant has access to comprehensive health insurance services covering all healthcare services or that (s)he can cover the costs of such services.

An applicant meets this condition in the following cases:

• ·(s)he qualifies as a person with health insurance services under social security,
• ·(s)he has access to the Hungarian health insurance services within the framework of an international convention/treaty or agreement,
• ·(s)he can cover the costs of his/her healthcare services based on documents in proof of his/her means of subsistence available in Hungary.

Documents proving that the applicant meets the conditions of exit (i.e. conditions to a return/onward travel)

Meeting the conditions of exit may be proved by:

• ·a valid passport,
• ·having a valid ticket/valid tickets for the relevant travel or the amount of money to cover the costs of the travel.

Other required documents

• ·Attaching/enclosing 1 facial photograph to/with the application is required.

1. 6)Time period of procedural administration

Time period for procedural administration: 21 days.

In addition to mandatory attachments/enclosures, NDGAP may request the submission of further documents for clarification of facts of the case or implement other procedural conducts.

The period for remedying deficiencies (e.g. submission of missing documents) and for the implementation of various other procedural conducts is not comprised in the time period of the procedural administration.

1. 7)Receiving the residence permit document

A residence permit document shall be delivered by way of post to the address indicated as place of delivery in the application form.

Please note that receiving your document before NDGAP’s regional directorate in person is only allowed, if you prove that you are not in a position to receive the document at the address indicated as place of delivery in your application.

1. 8)How long is the validity period of the permit?

Please note that the authority shall determine the validity period of the document as per the time period of the posting; however, it is maximised in 2 years.

The residence permit may be extended for the same purpose within 2 years from the date of its issuance; however, its validity period may not exceed the validity period of the residence permit issued by the other Member State of the European Union.

Please note that the authority shall determine the date of expiry of the residence permit in a way that the third-country national’s travel document shall be valid at least for another 3 months after the date of expiry of the approved residence.

1. 9)Further information

• ·Permanent residence

Third-country nationals who are holders of a residence permit for the purpose of posted work may not be granted a national permanent residence card.

• ·Appeal

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of first instance, or at the Hungarian diplomatic or consular foreign mission where the application was submitted.

Please note that the authority shall dismiss the appeal without any examination as to merits in the following cases:

-  the appeal is received after the deadline,

-  the appeal is not submitted by an authorised person,

-  the applicant introduces and refers to new facts of the case, of which (s)he was aware before the decision was adopted,

-   the appeal is submitted without indicating its grounds or cause.

For information on reporting obligations, please click here.