ELIGIBILITY
A residence permit may be issued for the purpose of employment 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 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.
DEFINITIONS
INFORMATION ON SUBMITTING APPLICATIONS
AND THE RELATED PROCESS
Requirements: the completed form, facial photograph taken not more than three months prior to date, and the mandatory enclosures, payment of the procedural fee.
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 provided for in specific other legislation – by the prospective employer as well, provided that the client has consented in writing. Additional condition is that the applicant has not yet entered Hungary or his/her stay in Hungary is legal.
In case the application is submitted by the Hungarian host entity or employer, it shall be submitted electronically upon electronic identification. For more details on electronic administration, please click here.
Please note that an application submitted electronically is deemed to have been received by the authority if the administrative service fee has been paid.
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 Hungarian Minister responsible for employment;
- any employer who is an employer listed in the register of qualified employment agencies;
- any employer who implements an investment project of preferential status for national economy considerations.
Except as provided for by law, an application for residence permit may be submitted to any consular 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.
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, and perforce tolerate, that procedure. Where the application for residence permit is submitted by the employer or electronically, 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.
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 consular officer shall be notified. The entry visa for receiving a residence permit shall be issued by the competent consular officer based on the regional directorate’s decision.
Moreover, 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.
Apart from the submission of applications for issuing a 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 the submission of the application in Hungary, or if legally residing in the territory of Hungary as a national of the States listed in Annex II of Regulation (EU) 2018/1806 of the European Parliament and of the Council, 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 the submission of the application at a place in accordance with the general provisions set out by law. An application for issuing a residence permit on the grounds of special circumstances may be submitted only in person to the authority of first instance competent for the place of accommodation.
A third-country national of a visa-free country, legally residing in Hungary without a visa can submit an application for a residence permit electronically upon registration on the electronic platform of the immigration authority for procedure initiation.
Please, click here for detailed information on the electronic procedure.
Applications for the extension of the residence permit shall be submitted electronically upon registration on the electronic platform of the immigration authority for procedure initiation at the latest 30 days before the expiry of the right of residence. For more details on electronic administration, please click here. A valid travel document must be attached to the application.
Please note that an application submitted electronically is deemed to have been received by the authority if the administrative service fee has been paid. Furthermore, it is necessary to appear before the competent regional directorate within 15 days of the confirmation of receipt in order to verify your identity, to take your biometric data and a specimen signature, and to have your documents recognised.
The extension of the residence permit may be granted only if the conditions set out in the law are met and the residence of the third-country national has exceeded 90 days within any 180 days prior to the submission of the application for a residence permit.
As a general rule, an application for a residence permit for the purpose of employment is examined by the competent authority within the framework of a single application procedure.
Please, click here to access detailed information on the single application procedure.
1. The administrative service fee charged for the procedure for issuing a residence permit is EUR 110, which is to be paid at the diplomatic or consular mission in EUR or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application is submitted.
2. The administrative service fee charged for the procedure for the extension of a residence permit is HUF 23,000, if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).
3. The administrative service fee charged for the procedure for issuing a residence permit for a third country national holding the citizenship of a visa-free country, legally residing in Hungary is HUF 24,000 if the application is lodged electronically via NDGAP’s electronic procedure initiation platform (Enter Hungary).
4. The administrative service fee charged for the submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances, accompanied by a petition for equitable consideration is HUF 39,000 if submitted in person within the territory of Hungary.
The administrative service fee is to be paid by way of an electronic payment instrument (bank card). In case of submission of an application for the procedure for issuing a residence permit on the grounds of special circumstances accompanied by a petition for equitable consideration submitted in person within the territory of Hungary the administrative service fee is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate).
If you wish to ask for an invoice on the payment of the procedural fee, please click on the link below:
Invoice request on payment of procedural fee.
The administrative time limit in proceedings opened for determining an application is 21 days. In single procedures the competent authority shall adopt a decision on applications for residence permit within 70 days from the date of submission. If the third-country national is employed by a preferred employer, the competent authority shall adopt a decision on the merits within 60 days from the date of submission of the application.
The competent immigration authority shall deliver the residence permit document to the client by way of post. The applicant may collect the residence permit document at the competent immigration authority in person if he/she is not in a position to receive the residence permit document at the mailing address given.
In case of a refusal, the decision may be appealed within 8 days after the decision was delivered and the appeal is to be submitted before the authority of first instance or the diplomatic or consular mission where the application was submitted. If the appeal is submitted after the deadline or if made by a person other than the persons entitled to submit an appeal against the decision in the applicant’s case, and 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 first instance shall dismiss the appeal without any examination as to merits.
The administrative service fee charged for an appeal submitted at a diplomatic or consular mission is EUR 160, which is to be paid in Euros or in other convertible currency, or in exceptional cases, in the legal tender of the state in which the application for an appeal is submitted. In case of submissions within the territory of Hungary before a regional directorate, the administrative service fee charged for an appeal is HUF 47,000, which is to be paid by way of an electronic payment instrument (bank card) or in the form of a bank deposit (using the cheque supplied by the regional directorate). The client’s name and date of birth, and the case type i.e. „Residence Permit Appeal” are to be indicated in the comment box.
If you wish to ask for an invoice on the payment of the procedural fee, click on the link below:
Invoice request on payment of procedural fee
FORMS
The application shall be submitted with the form “Application for Residence Permit” and Appendix 9 completed and printed.
If the applicant is travelling together with his/her minor child, shown in his/her passport, Appendix “A” must be completed and enclosed with the application.
Forms optimised for Microsoft Word to be completed electronically:
- Application for Residence Permit and Appendix 9
- Application for Replacement Residence Document
- Application for Substitute Residence Document
Forms available for downloading in PDF format, to be filled out manually:
- Application for Residence Permit and Appendix 9
- Application for Replacement Residence Document
- Application for Substitute Residence Document
MANDATORY ENCLOSURES
DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE
If the foreign national plans to perform work for or under the direction and/or supervision of others, for remuneration, under employment relationship, the purpose of residence may, in particular, be verified by:
A prior agreement concluded with a view to entering into an employment relationship, or a document verifying the employment relationship, as well as a certificate of education and qualifications.
The owners, senior officers of any legal persons, who plan to perform work (in addition to their work as senior officers and representatives) and who submit an application for residence permit for the purpose of undertaking employment may be requested by the competent authority to enclose the same documents as are required from applicants of residence permit for the pursuit of gainful activity.
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 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.
In proceedings for the issue of residence permits, the requirement of subsistence may be verified by the following:
- 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;
- 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;
- documentary evidence to verify the reservation of accommodation and payment;
- a statement on boarding (dormitory) services;
- a document in proof of ownership of the residential property, by means of a certified copy of title deed issued within 30 days to date;
- 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 PROVING THE EXISTENCE OF 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.
DOCUMENTS EVIDENCING THE CONDITIONS OF EXIT
The conditions of exit may be verified by:
- a valid passport or the permits necessary for the third-country national for returning to his/her country of origin, or to the country he/she indicates;
- and a valid ticket for departure, or sufficient funds to purchase such a ticket, or a means of transport lawfully used by the third-country national.
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.
Moreover, a minor third-country national shall provide proof that his/her parent or legal representative gave permission for his/her stay in Hungary, for the duration of the planned stay. Parental consent may be evidenced by a statement executed in a private document representing conclusive evidence or an authentic instrument, with Hungarian or English translation.
During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case, and may take further procedural steps as well. The administrative time limit shall not include the length of time between the receipt of the notice for remedying deficiencies until the time of compliance. After the application is submitted the applicant or his/her representative shall be able attach documents by way of post or electronically. In case the application has been submitted electronically, the notification for remedying deficiencies and the provision of missing documents will be carried out electronically as well.
VALIDITY PERIOD
The validity period of a residence permit granted for the purpose of employment may not exceed 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.
However, the validity of the travel document should be taken into consideration, for, on general principle, the authorised duration of residence is to 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.
ACCRUED RIGHTS AND OBLIGATIONS
- A third-country national holding a valid residence permit has the right of entry without a 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 certify the fact of registering the place of accommodation with the proof of registration received upon notification of the place of accommodation. Third-country nationals are required to retain the proof of registration and to carry it at all times. When relocating, third-country nationals shall notify the immigration authority electronically upon registration on the electronic platform of the immigration authority for procedure initiation within three days.
- Third-country nationals holding a residence permit 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:
- the natural identification data of the child as provided for by law;
- particulars of the child’s travel document;
- address of the child’s place of accommodation or home address.
- Third-country nationals are obliged to report without delay to the immigration authority (the regional directorate of the National Directorate-General for Aliens Policing, 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.
