Bevándorlási és Állampolgársági Hivatal

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CONTENT

ELIGIBILITY

 

At present citizens of New Zealand, Korea, Thailand, Australia Japan and Chile are eligible for temporary residence permit under Act LIV of 2012, Act LXIV of 2013, Act LIII of 2014, Act XCVIII of 2016  Act XXXIV of 2017 and Act LXXXI of 2017.

 

A temporary residence permit may be issued to a third-country national:

• who fulfils the conditions specified in the Arrangement for the operation of a Working Holiday Scheme;

• who is not subject to expulsion or exclusion, and is not considered to be a threat to public security or public health, or to the national security of Hungary; and

• a SIS alert has not been issued for the purposes of refusing his/her entry and residence.

 

The number of temporary residence permits issued per annum may not exceed the limit set out in the relevant international agreement.

 

DEFINITIONS

Third-country national: non-Hungarian citizens and stateless persons except for persons having the right of free movement and residence (EEA nationals and family members accompanying or joining an EEA national or a Hungarian citizen).

Stateless person: a person who is not considered as a national by any State under the operation of its law.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form and the prescribed enclosures, payment of the procedure 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.

 

When the application is submitted, the applicant’s facial likeness and – over the age of six years – fingerprint will be taken for the residence permit issued with biometric data. The third-country national affected is obliged to abide by that procedure.

 

Except as provided for by law, an application for residence permit 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. Third-country nationals may apply for an entry visa for receiving a residence permit before admission to the country in the application for residence permit, without having to lodge a separate application.

 

If the decision of the regional directorate is in favour of the application for residence permit, it shall constitute approval for the issue of 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.

 

Please note that D visas for entitlement to receive a residence permit issued to third country nationals are single-entry visas authorising a stay of not more than 30 days, therefore we recommend to visit the regional directorate of the Immigration and Asylum Office responsible for the place where their future accommodation is located as soon as possible after entering Hungary in order to receive the temporary residence permit and register such Hungarian accommodation.

 

Apart from the submission of applications for residence permit at Hungarian diplomatic mission as a general rule, Hungarian law also provides for the possibility of submitting such applications in Hungary as well. 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.

 

The administrative service fee charged for the procedure for issuing a residence permit 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 administrative service fee charged for the procedure is HUF 18,000 if submitted in Hungary, payable in the form of revenue stamp at the time of application.

 

Temporary residence permits are not renewable.

 

The competent authority shall adopt a decision on residence permits within 21 days. The applicant may request the immigration authority to send his/her residence permit by post, or he/she can collect the document personally.

 

Please note that the immigration authority processes applications submitted after 1 January 2016 by way of the so called summary proceeding, in cases where the administrative time limit for the proceeding is less than two months, or sixty days. If the authority is in possession of all information and all necessary conditions are available for bringing a decision and for ascertaining the relevant facts of the case, the authority is required to make the decision without delay, at the latest within 8 days. If the conditions for summary proceeding are not satisfied (some information is lacking, hence a request for remedying deficiencies or for national legal assistance is to be dispatched) the proceeding will be carried out within the normal time limit. In that case, the authority brings a conditional decision within 8 days from the date of receipt of the application for the opening of the proceeding, and informs the client that if it fails to bring a decision within 60 days after the application is received, it shall refund the procedural fee to the client and shall grant exemption from the payment of any other fees. The immigration authority shall not bring a conditional decision if a decision on the merits is adopted within 8 days from the date of the opening of the proceeding, or if the proceeding is suspended or dismissed, or if the application is refused without any examination as to merits.

The provisions on summary proceedings shall not apply, and no conditional decision is to be made if a specialist authority is involved, or if the immigration authority requests the opinion of an authority provided for by specific other legislation for the protection of public security or national security.

 

In case of refusal, the decision may be appealed within 8 days of delivery, submitted to the authority of the first instance, or at the Hungarian diplomatic or consular mission where the application was submitted. If the applicant introduces any new evidence in the appeal, of which he/she was aware before the decision was adopted, or if the appeal is lodged without showing cause, the authority of the first instance shall dismiss the appeal without any examination as to merits. The administrative service fee for the appeal is HUF 5,500, payable in the form of revenue stamp. The administrative service fee for the appeal, if submitted at a Hungarian diplomatic or consular mission, is EUR 20.

FORMs

Click to the following link to download the form required for the filling of the application.

- Temporary Residence Permit

- Application to replace residence document

- Application to substitute residence document

 

Forms in PDF can be downloaded and filled in handwritten:

- Temporary Residence Permit

- Application to replace residence document

- Application to substitute residence document

 

MANDATORY ENCLOSURES

Fulfilment of the conditions specified in the international agreement must be supported by the relevant documents.

 

As regards a temporary residence permit the applicant’s main goal is to spend his/her holiday in Hungary, while at the same time, the third-country national may possibly undertake employment or pursue studies, provided that this is permitted under international agreement. The purpose of stay must be substantiated accordingly.

 

Employment may, in particular, be verified by:

• a document evidencing the employment relationship, or a work permit in cases provided for by specific other legislation;

• a personal service contract, contract for professional services or a use contract entered into as a private individual.

 

The pursuit of studies may, in particular, be verified by:

• a certificate of admission from the relevant educational institution;

• a document to verify student status; or

• other reliable means.

 

Where the international agreement contains provisions as to accommodation, maintenance, and healthcare insurance, compliance with these requirements may be verified by the documents indicated below.

 

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

A third-country national is considered to have sufficient resources to cover his/her subsistence for residence for a stay exceeding ninety days within a one hundred and eighty day period if his/her lawful income or assets or his/her family member’s income or assets is sufficient to cover their living expenses, including accommodation, return travel, and if necessary, healthcare.

 

The requirement of subsistence may, in particular, be verified by:

• a statement from a Hungarian or foreign financial institution concerning the applicant’s bank account;

• an income certificate issued by the tax authority for the previous year;

• an income certificate issued by the employer;

• a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;

• a notarised statement made by a family member with the right of residence in Hungary as holding a long-term visa or residence permit, with immigrant or permanent resident status, holding a residence card or a permanent residence card in accordance with specific other legislation, or with refugee status, promising to support the applicant, along with a document in proof of the family member’s ability to provide such support; or

• other reliable means.

 

DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION

The place of Hungarian accommodation must be a property shown in the real estate register as a residential building or detached house, or any similar property suitable for habitation (minimum 6 square meters of living space per person) or a commercial or other accommodation deemed appropriate by law.

 

Compliance with the requirement of accommodation in Hungary may be verified by:

• a residential lease contract in proof of the rental of a residence;

• a document on accommodation by courtesy;

• a document in proof of ownership of the residential property, in the form of abstract of title issued within 30 days to date;

• a valid letter of invitation with an official certificate affixed;

• documentary evidence to verify the reservation of accommodation and payment;

• a notarised statement made by a family member with the right of residence in Hungary as holding a long-term visa or residence permit, with immigrant or permanent resident status, holding a residence card or a permanent residence card in accordance with specific other legislation, or with refugee status, promising a place of abode to the applicant; or

• a real estate sales contract and a copy of the decision of the competent Budapest or county government agency granting permission for the acquisition of a real estate property;

• other documents.

 

DOCUMENTS ON COMPREHENSIVE HEALTH INSURANCE

Enclosed with the application for residence permit the applicant shall provide proof of having access to comprehensive health insurance services (in particular on the basis of specific other legislation on the social security system, international agreement, or under specific agreement), or that he/she has the necessary financial resources to cover the costs of such services.

 

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.

 

At the time of submission of the application for temporary residence permit, the validity period of the applicant’s travel document must not be less than one year from the date of submission of the application, plus thirty days.

 

VALIDITY PERIOD

The validity period for a temporary residence permit is 1 year, and it is not renewable.

 

ACCRUED RIGHTS AND OBLIGATIONS

• A third-country national holding a valid residence permit has the right of entry without visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

 

• Third-country nationals shall retain the duplicate copy of the accommodation registration form in proof of compliance with the registration requirement. Third-country nationals are required to safeguard the confirmation slip received upon notification of the place of accommodation and to carry it on their person at all times. When relocating, third-country nationals shall notify the regional directorate of jurisdiction by reference to the place where the new place of abode is located within three days.


• Third-country nationals are required to promptly report to the immigration authority (the regional directorate of the Immigration and Asylum Office, any police station, or the competent Hungarian diplomatic or consular mission when staying abroad) if their travel document or residence permit is lost, stolen or destroyed. The immigration authority shall confirm receipt of such report in writing. The immigration authority shall be immediately notified in the event that a travel document, which was presumed lost and reported as such, is found subsequently.

 

• Other rights and obligations of third-country nationals are laid down by international agreement.

 

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2013 Bevándorlási Hivatal, by Chronos Systems

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