Bevándorlási és Állampolgársági Hivatal

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CONTENT

National Visa and National Residence Permit

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

ELIGIBILITY

A national visa or national residence permit may be issued under international agreement to third-country nationals seeking admission into the territory of Hungary:

·         to pursue activities to preserve and maintain the Hungarian language;

·         to pursue activities intended to preserve cultural and national identity;

·         for the purpose of learning and enlightenment in an establishment other than a secondary or higher education institution recognised by the State;

·         for the purpose of furthering family ties, other than family reunification.

A national residence permit may be issued to a third-country national who has a valid national visa.

An application for national visa and national residence permit may be submitted under international agreement by Ukrainian and Serbian citizens.

 

DEFINITIONS

Third-country national

Stateless person

National visa

 

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.

If the applicant is a minor of limited capacity or if incompetent, the application may be submitted by the applicant’s legal representative in his/her stead. If the minor client has reached the age of six at the time the application is submitted, he/she shall be required to appear in person when the application is submitted. The responsibility for ascertaining the minor’s physical presence before the immigration authority lies with the legal representative.

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 shall be provided in a statement executed in a private document representing conclusive evidence or an authentic instrument, with Hungarian or English translation. Citizens of Serbia may submit an application for national visa at the Hungarian diplomatic or consular mission at Belgrade or Szabadka, whereas Ukrainian citizens may do so at the Hungarian diplomatic or consular mission at Kiev, Ungvár and Beregszász.

Visa application may be submitted free of charge, on the prescribed form. National visa applications are examined and decided by the Immigration and Asylum Office within 15 days.

The resolution adopted for the refusal of an application for national visa, or for the revocation of such visas may not be appealed.

Application for National Residence Permit

After their entry, national visa holders are eligible to receive a residence permit free of charge, consistent with the note indicated on the visa sticker, to be issued by the regional directorates of the Immigration and Asylum Office without having to lodge a separate application.

National visa holders are required to appear in person at the regional directorate responsible for the place of their residence within 90 days from the time of first entry, at the latest 30 days before their national visa expires, for receiving the residence permit.

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.

The competent regional directorates of the Immigration and Asylum Office shall issue the national residence permit without delay.

The first national residence permit is provided free of charge.

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 at the latest, with the necessary documents attached. At the time of submitting the application the applicant shall produce his/her valid travel document. The fee charged for the extension of a residence permit is HUF 10,000.

The costs of the procedure is payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In respect of yellow cheques, in the “comment” box the client’s name and date of birth, and the case type “Application for Residence Permit” shall be indicated.  

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

 

The regional directorate shall adopt a decision concerning applications for the extension of residence permit within 21 days. The competent immigration authority shall deliver the residence permit document to the applicant by way of post. The applicant may collect the residence permit document at the competent immigration authority in person if able to evidence that he/she is not in a position to receive the residence permit document at the mailing address given, however, he/she is required to prove such circumstances. In case of refusal the applicant may appeal the decision submitted to the authority of first instance within 8 days after the decision was delivered. If the appeal is lodged in delay or if made by a person other than the party entitled to do so, 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 the appeal certificate is HUF 5,500, payable by way of electronic payment instrument (bank card) or in the form of bank deposit (using the cheque supplied by the regional directorate). In the “comment” box the client’s name and date of birth, and the case type “Residence Permit Appeal” shall be indicated.

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 11 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 11

-          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 11

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

• if the purpose of entry is to maintain family ties, family relationship may be verified by the appropriate document (e.g. registrar certificate);
• if the purpose of entry is the pursuit of studies, the purpose of residence may be verified by a certificate of admission from the relevant educational institution;
• if the visa is requested for the purpose of pursuing activities to preserve and maintain the Hungarian language, or activities intended to preserve cultural and national identity, the applicant is to give account of his/her command of the Hungarian language, and regarding his/her dedication to Hungarian culture by completing the visa application in Hungarian and/or in the course of personal interview, and shall present his/her Hungarian Nationality Card, or provide proof of membership in an organisation committed to Hungarian culture.

 

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:

• funds held on bank accounts;
• a certificate issued by the employer and/or tax authority as proof of regular income received from abroad;
• other documents.

 

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 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;
• 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.

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.

 

VALIDITY PERIOD

The validity period of national visa is maximum five years.

The validity period for a national residence permit is maximum 5 years, and it may be extended by maximum 5 additional years at a time.

The validity period of the national visa and residence permit shall be set in consideration of the date of expiry of the passport. The period of stay 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.

• Please note that the national long-term visa and the national residence permit does not constitute an entitlement to engage in gainful employment, or to pursue studies or participating in an advanced scientific training program. If you plan to engage in gainful employment, or if you have enrolled at a secondary or higher educational institution, a residence permit has to be obtained for such new purpose at the regional directorate of the Immigration and Asylum Office responsible for the place where the place of accommodation is located.

• 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 lodging 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.

• Third-country nationals are obliged to report without delay 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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