Bevándorlási és Állampolgársági Hivatal

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CONTENT

Please note that the procedural rules relating to the issue of residence permits have changed with effect from 1 January 2018.

 

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 and for entering into a contract for employment relationship with an employer in the territory of Hungary.

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.

 

ELIGIBILITY

Cases of single application procedures:

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

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

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

o       for an EU Blue Card,

o       for a residence permit for the purpose of research,

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

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

o       for a permit for long-term mobility;

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

o       a residence permit for the purpose of family reunification,

o       an EU Blue Card,

o       residence permit granted for the purpose of gainful activity,

o       residence permit for the purpose of research,

o       a residence permit for the purpose of seasonal employment,

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

o       a permit for long-term mobility.

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:

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

·        who has been posted on the territory of Hungary under Directive 96/71/EC of the European Parliament and of the Council;

·        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;

·        to any person who 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, and plans to perform work during that time.

The immigration authority may issue a single permit within the framework of a single authorisation procedure, if:

·        the third-country national’s employment is justified in line with specific guidelines laid down by the relevant legislation, or on grounds of domestic employment policy considerations, or if the third-country national in question is exempt from such considerations under specific other legislation; and

·        the third-country national meets the requirements set out by law for the right of residence.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

A single application procedure is conducted upon receipt of the completed form prescribed for the purpose of residence, facial photograph made not more than three months previously and the prescribed enclosures, and upon payment of the procedural 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.

If a foreign national plans to enter into an employment relationship, 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 competent 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.

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

 

Except as provided for by law, an application for residence permit for a specific purpose of entry and stay 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.

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, and perforce tolerate, that procedure. 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 recording and for carrying out other procedural steps.

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 residence permit, 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 residence permit 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 the purpose of stay exceeding ninety days within a one hundred and eighty day period is research 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.

Third-country nationals shall submit the application for the extension of their residence permit 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 30 days before the expiry of the validity of the residence permit.

If the residence permit is issued or renewed within the framework of a single application procedure the competent authority shall adopt its decision on the merits within 70 days from the date of submission of the application. If the third-country national is employed by a preferred employer provided for in specific other legislation and the application for residence permit is examined within the framework of the single application procedure, the competent authority shall adopt its decision on the merits within 60 days from the date of submission of the application.

In the single application procedure, in the interest of determining whether or not to support a third-country national taking up employment in Hungary, on general principle the county (Budapest) government agency of jurisdiction by reference to the place of work functions as the competent authority in the first instance, and the minister in charge of employment and labour participates in the second instance as specialist authority. If work is to be performed within the territory of more than one county, the government agency responsible for the place where such work commences shall function as the specialist authority, or, if the employer intends to employ the third-country national in various business establishments which are located in the territory of more than one counties, the government agency responsible for the place where the employer has its registered office.

The government agency shall not participate as specialist authority in the single application procedure, if the third-country national:

- performs work within the framework of post-doctorate related employment, or under the Bolyai János Research Scholarship as part of the tender or within the framework of the scholarship program;

- is a member of a church;

- is a researcher working within the framework of an international agreement between Hungary and another State, provided that this is verified by a certificate issued by the Hungarian Academy of Sciences;

- is conducting research activities;

- is a professional athlete or a professional trainer;

- is a close relative of military personnel deployed in Hungary of Member States which are parties to the NATO-SOFA Agreement and of the civilian staff;

- is a family member of a sponsor, provided that he/she lawfully resides in the territory of Hungary for at least one year before the submission of an application, holding a valid residence permit issued for the purpose of family reunification, and employment of the sponsor is exempt from work permit requirement;

- is a family member of a refugee or a person admitted for subsidiary protection, provided that he/she has a valid residence permit issued for such purpose;

- is from a country neighbouring Hungary and is working in any of the professions provided for in the up-to-date version of the communication of the Ministry of National Economy, including employment by way of temporary agency work. 

For information about the procedure fee, on appeals and the hearing of appeals consult the form for the relevant purpose of stay.

 

FORMS

The application shall be submitted with the form “Application for Residence Permit” and one of the following Appendixes completed and printed. (Residence permit for the purpose of employment or for the purpose of family reunification, EU Blue Card, Residence permit for the purpose of research, for seasonal working, and for the purpose of intra-corporate transfer.)

 

Forms optimised for Microsoft Word to be completed electronically:

-          Application for Residence Permit AND Appendix for Residence Permit for Employment Or for Family Reunification OR for EU Blue Card OR for Purpose of Research and Long-term Mobility of Researchers OR Seasonal Working OR for Purpose of Intra-corporate Transfer

-          Application for a Replacement Residence Permit

-          Application for a Substitute Residence Permit

 

Forms available for downloading in PDF format, to be filled out manually:

-          Application for Residence Permit AND Appendix for Residence Permit for Employment Or for Family Reunification OR for EU Blue Card OR for the Purpose of Research and Long-term Mobility of Researchers OR Seasonal Working OR  for Purpose of Intra-corporate Transfer

-          Application for Replacement Residence Permit

-          Application for a Substitute Residence Permit

 

MANDATORY ENCLOSURES

Documents in proof of entering into a contract for employment relationship:

·        a prior agreement concluded by the employer and a third-country worker (SAMPLE), or a document verifying the employment relationship;

·        certified copy and certified translation of the document evidencing the qualification or education necessary for carrying out the activity, in the EU Blue Card application procedure a certified copy and official translation of the documentary proof of higher professional qualification;

- in proceedings for the issue of a residence permit for the purpose of intra-corporate transfer, contract of employment between the third-country national and the business party established, or a letter of authorisation

·        if there is a possibility in the case of a third-country national where no specialist authority is involved in the single application procedure, a document in support of such special circumstance.

The prior agreement shall cover:

·        the position or job for which the third-country national is to be hired (FEOR), specific place or places of employment;

·        description of the professional qualifications required for carrying out the activity, or higher professional qualifications if employed with an EU Blue Card;

·        the amount of remuneration payable to the third-country national;

·        description of the employment relationship; and

·        the foreseeable duration of the employment relationship.

The prior agreement shall be treated as a binding job offer. If a single permit is issued to the third-country national, the contract for employment relationship shall be implemented under the conditions set out in the prior agreement, and for the duration covering the term of the single permit. Any agreement of the parties to the contrary shall be null and void.

In the case of a residence permit granted on humanitarian grounds, the regional directorate shall open proceedings ex officio for the issue of a single permit, for which the client is required to fill out the data sheet.

 

VALIDITY PERIOD

If a residence permit is issued in the form of a single permit, the validity period of such residence permit may not exceed – save where otherwise provided for by law – the term specified in the specialist authority’s assessment, that, however, may be extended up to the time indicated in the specialist authority’s assessment given if the procedure was re-opened. 

In the case of residence permits for the purpose of family reunification, for seasonal employment or for the purpose of intra-corporate transfer, permits for long-term mobility, residence permits for the purpose of scientific research, EU Blue Card, and humanitarian residence permits the validity periods specified for such permits shall apply.

The authorised duration of residence shall be determined – subject to certain exceptions – 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 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.

 

ACCRUED RIGHTS AND OBLIGATIONS

Third-country nationals shall be required to report their intention of entering into a contract for employment relationship with a specific employer to the regional directorate of jurisdiction by reference to the place of accommodation without delay, at the latest within five days, if:

·        employment is set to take place at an employer other than the previous one, or under different conditions, upon termination of the previous employment or upon any changes in working conditions,

·        holding a residence permit for the purpose of family reunification, or the pursuit of gainful employment in possession of an EU Blue Card under Article 20(1) of the Act on the Admission and Right of Residence of Third-Country Nationals (RRTN), or a residence permit for research, for the purpose of seasonal employment, intra-corporate transfer, or on humanitarian grounds in cases provided for by law, or holding a permit for long-term mobility, after entering into the prior agreement provided for by law.

As regards the types of permit granted upon request, the client shall submit an application for residence permit at the time of making the notification required.

 

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