FREQUENTLY ASKED QUESTIONS (F.A.Q.)

1. 1.Until when can I legally stay in Hungary, if my residence permit expires between 1 January 2024 and 29 February 2024 according to the date of expiry indicated on the document?

If your residence permit expires between 1 January 2024 and 29 February 2024, its date of expiry is extended until 30 April 2024 under law, i.e. the residence permit is to be considered as if the document was originally issued with the date of expiry indicated as 30 April, 2024.

1. 2.I have a valid residence permit for the purpose of gainful activity; however, this purpose of residence is not listed under the new act. What should I do if I still intend to stay in Hungary?

Based on Act XC of 2023 on General Rules for the Entry and Stay of third-country nationals (hereinafter referred to as Act XC of 2023), a foreign national may stay in Hungary only for purposes, under legal titles, for a time and if meeting the conditions provided for by the Act. Under Act XC of 2023, third-country nationals who are holders of a residence permit issued for the purpose of gainful activity under the previous act, may submit an application for the issuance of a residence permit for the purpose of guest self-employment if they wish to stay within the territory of Hungary for more than 90 days within a 180-day period. The earliest date when you can submit a related application is the 45^th day before the date of expiry of your residence permit. After the date of expiry of the residence permit, no application for justification can be submitted in case of an application for a residence permit submitted too late.

1. 3.I have a valid residence permit for the purpose of employment (munkavállalás célú tartózkodási engedély); however, this purpose is not listed under the new act. What should I do if I still intend to stay in Hungary?

Based on Act XC of 2023 on General Rules for the Entry and Stay of third-country nationals (hereinafter referred to as Act XC of 2023), a foreign national may stay in Hungary only for purposes, under legal titles, for a time and if meeting the conditions provided for by the Act. Under Act XC of 2023, third-country nationals who are holders of a residence permit issued for the purpose of employment under the previous act, may submit an application for the issuance of a residence permit under one of the legal titles (residence permit for the purpose of employment (foglalkoztatási célú tartózkodási engedély), residence permit for guest workers, Hungarian Card, EU Blue Card, National Card, or residence permit for the purpose of family reunification to be issued in a single application procedure) entitling for employment under Act XC of 2023 if they wish to stay within the territory of Hungary for more than 90 days within a 180-day period. The legal title to be applied for by you is the one whose conditions exist as per your employment, your position, and your citizenship. The earliest date when you can submit a related application is the 45^th day before the date of expiry of your residence permit. After the date of expiry of the residence permit, no application for justification can be submitted in case of an application for a residence permit submitted too late. In case of a change in the conditions of your employment (change of position or work site or employer), you may submit an application for the issuance of a residence permit as per the purpose of your stay before the 45^th day before the date of expiry of your residence permit.

1. 4.I am a holder of a valid residence permit for other purposes; however, this purpose is not listed under the new act. What should I do if I still intend to stay in Hungary?

Based on Act XC of 2023 on General Rules for the Entry and Stay of third-country nationals (hereinafter referred to as Act XC of 2023), a foreign national may stay in Hungary only for purposes, under legal titles, for a time and if meeting the conditions provided for by the Act. Under Act XC of 2023, third-country nationals who are holders of a residence permit issued for other purposes under the previous act, may submit an application for the issuance of a residence permit for the purposes listed in Act XC of 2023 if they wish to stay within the territory of Hungary for more than 90 days within a 180-day period.

In case, the respective purpose of stay in Hungary planned by the applicant does not correlate with any of the purposes of stay listed in Act XC of 2023, (s)he shall not be eligible to be granted a residence permit. The applicant is allowed to stay within the territory of Hungary up until the date of expiry indicated on the residence permit.

1. 5.Where and how can I meet my obligation to regularly check-in and report as a holder of a residence permit for the purpose of guest self-employment?

A third-country national who is a holder of a residence permit for the purpose of guest self-employment can meet his/her obligation to regularly check-in and report as per the frequency specified by the aliens policing authority via the aliens policing procedure initiation platform (Enter Hungary) by completing and sending in the declaration form specifically designed for this purpose.

1. 6.What can I do if as a holder of a valid residence permit for the purpose of guest self-employment, employment or a residence permit for guest workers I use up the maximum period of stay of 3 years but I wish to continue my stay in Hungary?

In case you are a holder of a valid extended residence permit for the purpose of guest self-employment, employment or residence permit for guest workers, holding which would result in the exceeding the maximum period of legal stay of 3 years, then you can submit an application for the issuance of a residence permit for the same purpose as your previous permit in Hungary. The earliest date when you can submit a related application is the 40^th day before the date of expiry of your residence permit.

1. 7.From when can applications for a visa and a residence permit for guest investors be submitted?

Provisions on visas and residence permits for guest investors are applicable as of 1 July 2024.

1. 8.Who shall be considered to be an investor in the context of an investment project-related residence permit (residence permit for employment for the purpose of investment)?

An investor is whoever places the order to implement the investment, bears the related costs and who concluded an agreement, contract with the Minister responsible for foreign economic affairs or accepts the Minister’s offer of support.

1. 9.What shall be considered as the implementation of an investment in the context of an investment project-related residence permit (residence permit for employment for the purpose of investment)?

Preparation, construction, take-over and commissioning, as well as the start of operation of the project of the investment realised by the subcontractor, subject to the approval of the developer or the general contractor and the Minister responsible for the employment of third-country nationals in Hungary.

1. 10.What shall be considered as an agreement on the investment in the context of an investment project-related residence permit (residence permit for employment for the purpose of investment)?

The cooperation agreement for the realisation of the investment concluded with the Minister responsible for foreign economic affairs acting in the name of the Government, in which the investor expresses his/her intention to invest, while the Minister responsible for foreign economic affairs acting in the name of the Government expresses his/her intention to cooperate with the investor in case of the realisation of the investment.

1. 11.What is a preliminary approval of group employment?

A prior approval for group employment is an official authorisation issued for the purpose of the implementation of the investment, prior to the approval procedure related to a residence permit for the purpose of an investment project-related employment, for a specified period of time and for a specified number of guest workers. The issuance of a prior approval for group employment is a procedure under the competence of the Minister of National Economy.

1. 12.Where to find the list of occupations, for which a residence permit for the purpose of employment cannot be issued?

The legislation allows the Minister responsible for employment policy to specify occupations, in which positions third-country nationals shall be eligible to be granted a residence permit for the purpose of employment. So far, no communication has been issued in this regard.

1. 13.Where to find the list of nationals who are eligible to be granted a residence permit for the purpose of employment?

The legislation allows the Minister responsible for the employment of third-country nationals in Hungary to specify in a decree approved by the Defence Council which third countries’ nationals shall be eligible to be granted a residence permit for the purpose of employment. So far, no such a decree has been issued.

1. 14.Can a residence permit for the purpose of employment be extended after 3 years? What is the procedure?

In case a third-country national intends to stay in Hungary for the purpose of employment after expending the maximum period of time of residence (3 years) including the extension period provided by law, (s)he may submit an application for a residence permit again up to 40 days prior to the date of expiry of the residence permit for the purpose of employment in Hungary exclusively for the purpose of employment.

1. 15.To which countries’ nationals may a residence permit for guest workers be granted?

Minister of Foreign Affairs and Trade Decree no. 7/2024 (of 29 February) by the Minister of Foreign Affairs and Trade is included in the Official Gazette of Hungary (volume 23 of 2024) published on 29 February 2024. Section 10 (1) of Minister of Foreign Affairs and Trade Decree lays down that Annex 1 of the Decree defines the list of countries whose nationals may be employed as guest workers in accordance with Point c) of Section 30 (1) of Act XC of 2023. Annex 1 lists the following countries:

1) Republic of Belarus,

2) Bosnia and Herzegovina,

3) Republic of North Macedonia,

4) Philippines,

5) Republic of Indonesia,

6) Republic of Kazakhstan,

7) Mongolia,

8) Republic of Montenegro,

9) Socialist Republic of Vietnam,

10) Russian Federation,

11) Federal Republic of Brazil,

12) Georgia,

13) Kyrgyz Republic,

14) Bolivarian Republic of Venezuela,

15) Republic of Colombia.

1. 16.When submitting an application for a Hungarian Card, in the case of performers, professional athletes and coaches, as well as third-country nationals who are performing actual work at a film production company registered by the motion picture authority under the Motion Picture Act, is it not necessary to prove the applicant’s higher professional qualification?

Based on the legislation currently in place, a Hungarian Card is issued in a single application procedure, during which it is not necessary for the client group indicated in the question to submit a document certifying a higher professional qualification.

1. 17.What does high level qualification mean for the EU Blue Card? BA or MA higher education qualification?

A certificate or degree obtained in tertiary education attests to a high level of education.

1. 18.How can high level qualifications be certified in the application procedure for a EU Blue Card?

The high level qualifications required to hold the position specified in the preliminary agreement or employment contract must be proven with a document certifying a higher education or professional qualification (degree/certificate), to which an authentic Hungarian translation (by OFFI, “Hungarian Office for Translation and Attestation Ltd”) of the document must be attached, if the document certifying the education was not issued in English.

In the case of executive officers and specialists dealing with information and communication technologies, at least 3 years of relevant professional experience acquired within the 7 years prior to the application for the EU Blue Card must be considered a high level of professional qualification when applying for the EU Blue Card. This professional experience can be verified with a document in proof of the factual and lawful pursuit of the relevant occupation and its duration.

1. 19.In the case of the EU Blue Card, for which jobs can relevant professional experience be accepted?

The relevant high level professional qualification for a specified period of time can be accepted in the following positions (FEOR-08):

FEOR-08 1322 Head of a unit engaged in IT and telecommunication activities

FEOR-08 2141 System analyst (IT)

FEOR-08 2142 Software developer

FEOR-08 2143 Network and multimedia developer

FEOR-08 2144 Application programmer

FEOR-08 2149 Other software and application developer, analyst

FEOR-08 2151 Database designer and operator

FEOR-08 2152 System administrator

FEOR-08 2153 Computer network analyst, operator

FEOR-08 2159 Other database and network analyst, operator

1. 20.Is it necessary to attach a labour demand certificate to the application for the issuance of a National Card?

It is not necessary to attach a certificate of labour demand in the case of an application for the issuance of a National Card.

1. 21.Can a third-country national who is not from an EU Member State but posted to Hungary from a company established in another state that is a party to the Agreement on the European Economic Area (i.e. Iceland, Liechtenstein, Norway) or Switzerland, submit an application for a residence permit for the purpose of posted work?

Iceland, Liechtenstein, Norway, as EEA member states, and Switzerland are parties to Directive 96/71/EC based on the agreement on the free movement of persons. In view of the above, third-country nationals with a residence permit issued by the above states can apply for a residence permit for the purpose of posted work.

22.  Which type of residence permit entitling its holder to undertake employment shall be applicable to foreign nationals with secondary education?

The types of residence permits that can be granted to foreign nationals with secondary education are the residence permits that do not require higher education or higher professional qualifications. These types of residence permits are: residence permit for seasonal employment, residence permit for employment for the purpose of investment, residence permit for the purpose of employment and residence permit for guest workers.

23. If a third-country national’s family member wishes to undertake work in Hungary, which appendix/appendices must be submitted with the application for a residence permit?

If the third-country national family member wishes to establish a legal relationship of  employment in addition to family reunification, the application for a residence permit shall be examined under a single application procedure, and in addition to the appendix for family reunification, the appendix of the application for residence permit for the purpose of employment or the appendix of the application form for a Hungarian Card or, in the case of Ukrainian or Serbian nationals, the appendix of the application form for a National Card must be submitted with the application for a residence permit.

24. For what purpose can a relative of a third-country national who does not qualify as a family member under Act XC of 2023 be granted a residence permit?

Pursuant to the preamble of Act XC of 2023 on General Rules for the Entry and Stay of third-country nationals (hereinafter referred to as Act XC of 2023), a foreign national may stay in Hungary only for purposes, under legal titles, for a time and if meeting the conditions provided for by the Act.  Relatives of third-country nationals who do not qualify as family members under Act XC of 2023 (e.g. a boyfriend/girlfriend, fiancée, non-dependent parent) may submit an application for a residence permit only for the purposes of residence listed in Act XC of 2023, if they wish to stay in Hungary for more than 90 days within a 180-day period.

If the applicant's intended purpose of residence in Hungary does not correspond to any of the purposes of residence listed in the Act, (s)he cannot be granted a residence permit. However, it should be noted that if the person concerned is a national of a country listed in Annex II to Regulation (EU) 2018/1806 of the European Parliament and of the Council, (s)he may reside in Hungary visa-free for a period not exceeding 90 days, and may stay for a further 90 days visa-free if a bilateral agreement on visa-free travel is in force between the state concerned and Hungary.

If the above relative is a third-country national subject to a visa requirement, (s)he may enter and stay for a period not exceeding 90 days on the basis of a short-stay Schengen visa. Please note; however, that in the case of a stay with a short-stay type “C” visa, Act XC of 2023 does not allow for submitting an application for a residence permit in Hungary.

25. Can an application for a residence permit for the purpose of family reunification be submitted by a person whose sponsor is a holder of a residence permit issued under Act II of 2007, the previous legislation on aliens policing (e.g. a residence permit for the purpose of employment valid until 2025 or 2026)?

Yes. If a third-country national wishes to join his/her family member who is a holder of a residence permit for the purpose of employment  issued under the previous legislation on aliens policing, Act II of 2007 on the Entry and Residence of Third-Country Nationals (hereinafter referred to as Act II of 2007) after 1 January 2024, the residence permit for the purpose of family reunification shall be issued in accordance with Act II of 2007 even after 1 January 2024, and the rules of Act II of 2007 are applicable.

26. Act XC of 2023 contains a provision in case of various legal titles of residence stating that during the validity period of the residence permit and after its date of expiry, no application for a residence permit for other titles may be submitted in Hungary. Does this mean that a holder of a residence permit for such a purpose may not submit an application for a residence permit for any other purpose at all?

In the case of purposes of residence for which the legislation specifically stipulates that no application for a residence permit for other titles may be submitted in Hungary during the period of validity of the residence permit and after its date of expiry, the application for a residence permit may be submitted – after the expiry of the residence permit and after the applicant has left the territory of the Member States of the European Union – before a diplomatic or consular foreign mission of Hungary in the country of the nationality or habitual place of residence of the applicant.

27. Which countries’ nationals can enter Hungary without a visa?

The list of countries whose nationals can enter Hungary without a visa is available here.

28. How long is the validity period of a visa entitling its holder to collect a residence permit?

The maximum validity period of a type “D” visa, which entitles the holder to collect a residence permit, is 3 months and entitles the holder to enter and stay in Hungary for a maximum period of 30 days. Please note that if you do not enter the territory of Hungary within 3 months from the date of approval of the issuance of your residence permit and do not start your approved residence, the approved residence permit becomes invalid and the approval of your accrued right of entry and residence ceases.

29. From when does the Hungarian cultural knowledge exam have to be taken to verify the conditions for social coexistence?

The provisions on the conditions of social coexistence and the Hungarian cultural knowledge exam are expected to be applicable from 1 January 2025.