Bevándorlási és Állampolgársági Hivatal

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CONTENT

Residence Permit for the Purpose of Visit

ELIGIBILITY

A residence permit for the purpose of visit may be issued to a third-country national who has a letter of invitation with an official endorsement affixed.

 

DEFINITIONS

Letter of invitation: the host undertakes a commitment in a letter of invitation – with an official endorsement affixed – to provide room and board and financial support for the invited third-country national during his stay in the territory of Hungary, and, unless an international treaty provides otherwise, to cover the costs of medical care and the costs of exit of such third-country national.

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 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 cover any event 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 application for extension of the residence permit shall be submitted in person at the regional directorate responsible for the place where the place of accommodation is located 30 days before it expires, with the necessary documents attached. At the time of submitting the application the applicant shall produce his/her valid travel document. The passport must be valid for at least 3 additional months beyond the date of expiry of the residence permit.

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 by revenue stamp. The fee charged for the extension of a residence permit is HUF 10,000, payable by the applicant in the form of revenue stamp.

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.

- Residence Permit for the Purpose of Visit

- Invitation Letter

- Application to replace residence document

- Application to substitute residence document

 

Forms in PDF can be downloaded and filled in handwritten:

- Residence Permit for the Purpose of Visit

- Invitation Letter

- Application to replace residence document

- Application to substitute residence document

 

MANDATORY ENCLOSURES

In the case of entry and residence for the purpose of visit, the purpose of entry and stay and compliance with the requirement of having a place of accommodation or place of residence in Hungary, having the necessary funds for living costs for the whole time of residence and the cost of exit, and having the necessary financial resources to cover the costs of healthcare services may be verified by a letter of invitation with official endorsement.

The host is required to provide for sending to the invitee the letter of invitation issued in immigration proceedings opened for the issue of a letter of invitation with official endorsement. The official letter of invitation shall be enclosed with the application for residence permit for the purpose of visit by the invitee.

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.

During the process, the immigration authority may request further documents for ascertaining the relevant facts of the case, except in the case of a letter of invitation with official endorsement.

 

VALIDITY PERIOD

A residence permit for the purpose of visit is given according to the duration of the commitment stated in the letter of invitation, but maximum 1 year, and cannot be extended for the purpose of visit.

The validity period of the residence permit shall be set in consideration of the date of expiry of the passport. The period of stay fixed in the residence permit is to be determined ascertaining that the travel document must be valid for at least 3 additional months beyond the date of expiry of the residence permit.

 

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 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 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.

• Please note that the residence permit for the purpose of visit does not constitute an entitlement to engage in gainful employment.

• Please note that the costs associated with expulsion of the invitee, if applicable, shall be borne by the person expelled or – if lacking the financial means necessary – by his/her host.

·        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.

 

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2013 Bevándorlási Hivatal, by Chronos Systems

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