Bevándorlási és Állampolgársági Hivatal

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 What type of permit for residence exceeding 90 days within a 180 day period is required for pursuing gainful employment in Hungary?

Gainful employment may be pursued by a person who holds a seasonal employment visa, a residence permit granted on humanitarian grounds, a residence permit for gainful employment or gainful activities, a residence permit for intra-corporate transfer a residence permit for family reunification, residence permit for the purpose of research or studies, or an EU Blue Card.

 

According to the amendment that entered into effect on 1 July 2016, the pursuit of an occupational activity, as a purpose of stay, has been split up and we now have residence permit for the purpose of gainful employment and residence permit for gainful activity.

A residence permit for the purpose of gainful activity may be issued to third-country nationals whose purpose of residence is:

- to lawfully perform an activity in a self-employed capacity for remuneration; or 

- to engage in any gainful activity in the capacity of being the owner or executive officer of a business association, or as a member of the executive, representative or supervisory board of such entity.

 

A residence permit for the purpose of employment may be issued to third-country nationals:

- whose purpose of residence is to perform work for or under the direction and/or supervision of others, for remuneration, under contract for employment relationship; or

- who performs work as the owner or executive officer of a for-profit business association, co-operative society or some other legal entity, in addition to the work actually performed in that capacity.

 

Following the transposition of Directive 2011/98/EU of the European Parliament and of the Council (Single Permit Directive) upon the legislative amendment of 1 January 2014, residence permits for the purpose of gainful employment will be issued as single permits. The single permit is 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.

Cases of single application procedures:

Ø      if the third-country national submitted an application for the issue of a residence permit for the purpose of employment;

Ø      if the third-country national plans to enter into a contract for employment relationship and holds:

·        for a residence permit for the purpose of family reunification,

·        for an EU Blue Card, or

·        for a residence permit for the purpose of scientific research;

-                for a residence permit for the purpose of seasonal employment,

-                for a residence permit for the purpose of intra-corporate transfer; or

-                for a permit for long-term mobility for the purpose of intra-corporate transfer;

 

Ø      if the third-country national plans to enter into a contract for employment relationship and holds:

·        a residence permit for the purpose of family reunification,

·        an EU Blue Card,

·        a residence permit for the purpose of gainful activity,

·        a residence permit for the purpose of research,

-          a residence permit for the purpose of seasonal employment,

-          a residence permit for the purpose of intra-corporate transfer, or

-          a permit for long-term mobility for the purpose of intra-corporate transfer.

Ø      Special cases: if the third-country national holds a residence permit granted on humanitarian grounds provided for in the relevant legislation plans to enter into a contract for employment relationship, the regional directorate responsible for the place of accommodation shall open proceedings ex officio for the issuance of a single permit.

 

The single application procedure shall not apply:

-       relating to persons with the right of free movement and residence;

-       relating to persons who have been posted on the territory of Hungary under Directive 96/71/EC of the European Parliament and of the Council;

-       relating to any person who has been admitted to the territory of Hungary with seasonal employment visa, or who has been admitted to the territory of any Member State of the European Union as a seasonal worker;

-       relating to any third-country national who reside, or seeking admission to reside in the territory of Hungary to work as an au pair or as a seafarer;

-       relating to any person who has applied for refugee status to the refugee authority, or having requested any subsidiary form of protection or temporary protection from the refugee authority;

-       relating to any person who has been recognised as a refugee or has been granted any subsidiary form of protection or temporary protection in Hungary;

-       relating to exiles;

-       relating to any person holding an EC residence permit certifying long-term residence status granted by any Member State of the European Union;

-       relating to any person seeking admission to lawfully perform work in a self-employed capacity for remuneration (e.g. private entrepreneur, small-scale farmer);

-       relating to any person seeking admission for the purpose of study;

-       relating to any third-country national who plans to enter and reside in the territory of Hungary for a period not exceeding ninety days within a one hundred and eighty day period.

A person who holds a residence permit for the purpose of pursuing studies is not required to obtain another residence permit for the purpose of employment if he/she wishes to work during their time of study. No work permit is needed for a foreign national residing in Hungary as a student receiving full-time education, during the period of his/her studies. Third-country nationals holding a residence permit for the purpose of studies may engage in any full-time occupational activity during their term-time for maximum twenty-four hours weekly, and outside their term-time for a maximum period of ninety days or sixty-six working days in a year.

 

When is it necessary to request a registration certificate as an EEA national?

EEA nationals are entitled to enter the territory of Hungary with a valid travel document or personal identification document, and are required to register – at the latest on the ninety-third day from the date of entry – if wishing to exercise their right of residence for a period exceeding 90 days within a 180 day period from the time of entry by communicating their personal data.

 

What is required for registration of an EEA national, or for the issue of an address card?

EEA nationals are required to register if wishing to exercise their right of residence for periods exceeding 90 days at the regional directorate of jurisdiction by reference to their future residence. For registration they are required to present a valid travel document or personal identification document, and attach the documents in proof of compliance with the requirements for the right of residence: in case of gainful employment the relevant documentary evidence, in case of studies the certificate issued by the educational institution, in case of family relationship the document to verify family ties, the document verifying sufficient financial resources, document evidencing the right of disposition over the real property registered as the Hungarian address and the document in proof of the right of access to health insurance services or document in proof of having the financial resources to cover the costs of such services. The administrative service fee charged for the issue of a registration certificate is HUF 1,000, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate).

 

How long does it take for an EEA national to receive a registration certificate, and for how long the residence certificate is valid?

If all requirements are verified, the authority issues the registration certificate immediately, the registration certificate is valid indefinitely.

 

Following registration what else is required of an EEA national for the issue of an address card?

Following registration the client is not required to do anything else, the address card will be sent by the Central Office for Administrative and Electronic Public Services by post.

 

What is required of the third-country national (non-EEA national) spouse of a Hungarian citizen or an EEA national to enter the territory of Hungary?

A family member who is a third-country national has the right to enter the territory of Hungary with a valid travel document and – unless otherwise provided – a valid visa for a validity period not exceeding 90 days. Click here for information on how to enter Hungary without a visa.

A third-country national who has a document evidencing right of residence in any Member State of the European Union shall be entitled to enter Hungary and stay in Hungary for 90 days within a 180-day period.

 

What are the requirements for the third-country national (non-EEA national) spouse of a Hungarian citizen or an EEA national to stay in the territory of Hungary for over three months?

An application for residence card has to be submitted within ninety-three days from the time of entry or from the date of occurrence of the fact underlying the right of residence.

 

What are the requirements for applying for a residence card, or for the issue of an address card?

Family members are to submit their application for a residence card at the regional directorate of jurisdiction by reference to their future residence. When submitting the application they are required to present a valid travel document and provide a facial photograph made not more than three months previously, and attach the documents in proof of compliance with the requirements for the right of residence: the document to verify family relationship, the document verifying sufficient financial resources, document evidencing the right of disposition over the real property registered as the Hungarian address and the document in proof of the right of access to health insurance services or document in proof of having the financial resources to cover the costs of such services. The fee charged for the issue of a residence card to family members of EEA national is HUF 1,500, or HUF 10,000 for family members of Hungarian citizens, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate).

 

What is the procedural time limit relating to the applications of the family members of Hungarian citizens and EEA nationals, and for how long the residence card is valid?

The competent authority shall adopt a decision on the merits within 70 days from the date of submission of the application. The validity of the residence card of a family member of an EEA national is determined based upon the duration of residence of the EEA national, not exceeding five years. The validity period of the residence card issued to family members of Hungarian citizens is five years.

 

Are foreign documents need to be endorsed by a diplomatic or consular mission, and are they need to be translated?

An authentic instrument made out abroad, and any private document certified by a foreign court, administrative body, notary public or any other person vested with authority to issue authentic documents shall – unless any law pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise – be considered affirmative proof according to Hungarian law if endorsed by the Hungarian diplomatic or consular mission in the country where it was issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official Hungarian translation attached, unless otherwise prescribed by an act. 

 

How an immigrant or permanent resident EEA national can renew his or her immigration or permanent residence permit and Hungarian identification document?

At the request of an EEA national holding a residence or immigration permit, a document evidencing right of permanent residence shall be issued irrespective of whether or not the relevant requirements are satisfied. The fee for such document is HUF 1,500, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate).

 

Which third countries’ nationals are required to have a visa for entering Hungary?

Click here for information on how to enter Hungary without a visa.

 

Where a third-country national can apply for a visa?

Short-term visa applications are examined by the Külgazdasági és külügyminisztérium (Ministry of Foreign Affairs and Trade). Visa applications are to be submitted at the Hungarian diplomatic or consular mission responsible for the place where the third-country national’s permanent (habitual) residence is located, or at the country of his/her nationality.

 

Is it possible to have short-term visas, aka type C visas, extended?

The period of validity of an issued visa may be extended in the case of force majeure, on humanitarian grounds or if the visa holder provides proof of material personal reasons, the decision on the extension lies with the regional directorate of jurisdiction by reference to the place of accommodation. It is important to know that in this case too, the period of validity of the visa can be extended up to maximum 90 days from the date of entering the Schengen area.

If the visa holder provides proof of material personal reasons for the visa extension, the fee charged for the extension is EUR 30. In other cases the extension is free.

 

Where is an application for residence permit has to be submitted and how much does it cost?

The application may be submitted to any consulate officer of Hungary, or at any other place authorised to accept applications, the fee charged is EUR 60, payable at the diplomatic mission of Hungary primarily in EUR or other convertible currency, or in exceptional cases in the legal tender of the State where the application is submitted. The application may be submitted at the regional directorate of jurisdiction by reference to the place of accommodation in the following cases (the fee is HUF 18,000, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate):

-         there are special circumstances to justify submission of the application in Hungary;

-         the purpose of residence is research;

-         if lawfully residing in the territory of Hungary as a national of any visa free state, or together with such third-country national as a family member.

The special circumstance referred to above may, 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.

 

Where and when is an application for the extension of a residence permit has to be submitted and how much does it cost?

At the regional directorate responsible for the place where the place of accommodation is located using the form prescribed for this purpose, not later than 30 days before the expiry of the validity of the residence permit. The costs of the procedure is HUF 10,000, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate).

The application for residence permit for the purpose of job-searching or entrepreneurship may be submitted 15 days before the expiry of the validity of his/her residence permit for the purpose of research or study.

There are certain types of residence permits whose validity period cannot be extended: residence permits for the purpose of visit, residence permits for the purpose of job-searching or entrepreneurship and residence permits for the purpose of traineeship.

 

What is required for the issue or extension of a residence permit?

It is required to present valid travel document, provide one facial photograph made not more than three months previously and documents certifying the fulfilment of conditions of residence: document certifying the purpose of entry and residence, documents in proof of having a place of residence in Hungary, document certifying the accommodation, documents certifying the necessary funds for living costs for the whole time of residence and the cost of exit, documents certifying the existence of permit and valid ticket (or financial means for purchasing them) for return or continued travel or existence of a vehicle. Enclosed with the application for extension of the residence permit a statement undertaking the commitment of voluntary departure from the territory of the Member States of the European Union is required. Where it is necessary to clarify the relevant facts concerning residence the applicant may be required to provide additional documentary evidence. The documents referring unaltered conditions are not necessary to be attached again.

 

Under what circumstances can an application for residence permit for the purpose of job-searching or entrepreneurship may be submitted? For how long the permit is valid?

This type of residence permit may be issued to a third-country national:

-          who is in possession of a valid residence permit for the purpose of research and able to prove the completion of the research activity, or

-          who is in possession of a valid residence permit for the purpose of studies and able to prove the successful completion of studies,

if able to meet the conditions set out by law, and the employment he/she is seeking or the business he/she is in the process of setting up corresponds to the level of research or of studies completed.

 

When can a residence permit for the purpose of traineeship may be issued?

A residence permit for the purpose of traineeship may be issued to a third-country national who is able to provide proof of having signed a training agreement with an approved host entity defined by specific other act for the purpose of traineeship in the territory of Hungary.

It is important for the host entity to provide a written commitment for reimbursing the costs of expulsion, also that the applicant is able to provide evidence of having obtained a higher education degree required for the pursuit of traineeship within the two years preceding the date of application or of pursuing a course of study that leads to a higher education degree, and to have sufficient knowledge of the relevant language.

 

What is the difference between short-term mobility certificate of researchers and long-term mobility residence permit for the purpose of research?

In both cases the client must have a valid residence permit issued by any Member State of the European Union for the purpose of research.

A short-term mobility certificate for the purpose of research may be requested when the researcher or his/her family member intends to carry out part of the research in Hungary for up to 180 days within a 360-day period, where such research project was started in a Member State of the Union.

On the other hand, a long-term mobility residence permit for the purpose of research may be requested when the researcher or his/her family member intends to carry out part of the research in Hungary for over 180 days, where such research project was started in a Member State of the Union. Such residence permit may be issued to the researcher for a period of 365 days, and for his/her family member for a period of 360 days.

In both cases the validity period of the document issued in Hungary is determined so that it will not exceed the validity period of the researcher’s residence permit issued by the other Member State of the European Union.

 

What student mobility means?

Students from third countries who hold a valid residence permit for the purpose of studies issued by another Member State of the European Union, and who wish to carry out part of their studies in Hungary and

·         who is NOT COVERED by a Union or multilateral programme that comprises mobility measures or by an agreement between two or more higher education institutions, shall be given a student mobility residence permit;

·         who is COVERED by a Union or multilateral programme that comprises mobility measures or by an agreement between two or more higher education institutions, shall be given a student mobility certificate.

 

Where is a request for authentication of a letter of invitation for a third-country national’s visit can be submitted, and what are the necessary documents?

A request for a letter of invitation is to be submitted in person, or by the authorised representative if the host is a legal person, on a standard form, a model of which is contained in specific other legislation, at the regional directorate of jurisdiction by reference to the requesting person’s permanent or temporary residence or place of accommodation, or the registered office of a legal person.  

The applicant is required to verify that he/she guarantees to provide accommodation and support for the invitee, and to cover the costs of his/her healthcare and exit. The costs of the procedure is HUF 4,000, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate).

 

Is an address card provided with the residence permit?

No. The person holding a residence permit is to retain the duplicate copy of the accommodation registration form in proof of compliance with the registration requirement.

 

When is it necessary to have the place of accommodation notified, and how it is done?

Third-country nationals are required to report their place of accommodation in Hungary – irrespective of whether it is a commercial accommodation that is required to keep a guest book or a private accommodation – to the competent regional directorate if they plan to remain in Hungary for over thirty days from the date of entry.

The notification shall be submitted on the prescribed form within 3 days from the date of entry (notification form) to the regional directorate of jurisdiction by reference to the place where the accommodation is located, with natural identification data indicated. The notification form shall contain the particulars of the travel document, and shall be signed by both the reporting person and by the keeper of the lodging; the travel document has to be presented when the notification is submitted. When relocating, the regional directorate of jurisdiction by reference to the place where the new place of abode is located has to be notified within 3 days.

 

What needs to be done in case of the birth of a third-country national child in the territory of Hungary?

Third-country nationals holding a visa, residence permit, and third-country nationals with immigrant or permanent resident status shall report the birth of a child – who is also a third-country national – in the territory of Hungary and shall simultaneously supply the following information: natural identification data of the child, identification data of the child’s travel document, address of the place of accommodation or residence of the child. The birth of a child shall be reported to the regional directorate of jurisdiction by reference to the place where the parent’s place of residence or place of accommodation is located, with the child’s birth certificate presented within 3 months from the date of birth. (Form)

 

Where an immigrant or permanent resident has to report his/her change of address?

The new address shall be reported to the district office of the Budapest and county government agency responsible for the place where the new residence is located, the change of address shall not entail the replacement of the residence document. The report is confirmed by the personal identification number and official address card issued by the district office, therefore this official document has to be kept together with the resident permit, and has to be surrendered to the duly empowered authority upon request.

 

For how long should a passport be valid when applying for a residence permit?

For EEA nationals the validity of the travel document is irrelevant (the only requirement being is that it should be valid when the application is submitted). 

With regard to third-country nationals, the regional directorate shall determine the validity period of residence permits – within the limits defined in the RRTN – on the basis of the documents enclosed with the application, the verifiable purpose and the planned duration of residence, and based on all other information available regarding the circumstances of residence, taking also into consideration the applicant’s personal and particular circumstances. On general principle, the authorised duration of residence shall be determined so that the validity period of the third-country national’s travel document has at least three months remaining at the time the authorised duration of residence expires. Where the purpose of residence of a third-country national is the pursuit of studies or research, family reunification, or the pursuit of gainful employment in possession of an EU Blue Card, the validity period of his/her travel document has to cover only the authorised duration of residence.

 

Does a residence permit with biometric data has to be replaced when a new passport is to be obtained for any reason (other than change of data)? 

No. It shall suffice to show the new passport to the competent regional directorate.

 

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