Bevándorlási és Állampolgársági Hivatal

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CONTENT

Residence Permit for the Purpose of Intra-corporate Transfer and Permit for Long-term Mobility

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

ELIGIBILITY

A residence permit for the purpose of intra-corporate transfer may be issued to a third-country national:

·      who provides evidence that the host entity and the company established in a third country belong to the same company or group of companies;

·      he/she has a valid travel document;

·      he/she is able to verify the purpose of his/her entry and stay;

·      he/she is not subject to expulsion or exclusion, and is not considered to represent a threat affecting public policy, public security, national security, or public health of Hungary;

·      for whom an alert has not been issued in the SIS for the purposes of refusing entry and residence; and

·      he/she is not subject to any grounds for exclusion provided for by law;

·      who provides evidence of employment within the same company or group of companies, at least three uninterrupted months immediately preceding the date of the intra-corporate transfer in the case of executive employees and specialists provided for in other legislation, and at least three uninterrupted months in the case of trainee employees;

·      who provides evidence that the duration of intra-corporate transfer is the longest in Hungary relative to the stay in other Member States of the European Union;

·      who has the professional qualifications and experience needed in the host entity to which he or she is to be transferred as executive employee or specialist or, in the case of a trainee employee, the university degree required;

·      his/her employment is justified in line with specific guidelines laid down by the relevant legislation, or on grounds of domestic employment policy considerations;

·      he/she has full healthcare insurance or applied for coverage for healthcare services with respect to all periods when his/her employment relationship carries no insurance;

·      who has sufficient resources for themselves and their family members not to become a burden on the social assistance system of Hungary during their period of residence; and

·      he/she has notified the address of his/her accommodation in the territory of Hungary.

A third-country national holding a residence permit for the purpose of intra-corporate transfer issued in any Member State of the European Union shall be granted a residence permit (permit for long-term mobility) if:

·      he/she provides evidence that the host entity and the company established in a third country belong to the same company or group of companies;

·      he/she has a valid travel document;

·      he/she is able to verify the purpose of his/her entry and stay;

·      he/she is not subject to expulsion or exclusion, and is not considered to represent a threat affecting public policy, public security, national security, or public health of Hungary;

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

·      he/she is not subject to any grounds for exclusion provided for by law;

·      his/her employment is justified in line with specific guidelines laid down by the relevant legislation, or on grounds of domestic employment policy considerations;

·      he/she has full healthcare insurance or applied for coverage for healthcare services with respect to all periods when his/her employment relationship carries no insurance;

·      he/she has sufficient resources for themselves and their family members not to become a burden on the social assistance system of Hungary during their period of residence; and

·      he/she has notified the address of his/her accommodation in the territory of Hungary.

 

A residence permit for the purpose of intra-corporate transfer may not be issued:

·      to a third-country national holding a residence permit for the purpose of research;

·      to any third-country national who, under agreements between the European Union and its Member States and third countries, enjoy rights of free movement equivalent to those of Union citizens or are employed by a company established in those third countries;

·      to any third-country national covered by Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as long as he/she is posted on the territory of Hungary;

·      to private entrepreneurs;

·      to third-country nationals assigned for occupational activity by employment agencies, temporary work agencies or any other companies engaged in making available labour to work under the supervision and direction of another company;

·      to third-country nationals admitted as full-time students or who are undergoing a short-term supervised practical training as part of their studies.

 

DEFINITIONS

Third-country national

Stateless person

Intra-corporate transfer

Intra-corporate transferee

Manager

Specialist

Trainee employee

 

Host entity

Intra-corporate transferee permit

Permit for long-term mobility

Group of companies

 

First Member State

Second Member State

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form, facial photograph made not more than three months previously, and the prescribed enclosures, 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 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.

Additionally, be advised that an application for the issue or extension of a residence permit for the purpose of intra-corporate transfer and a permit for long-term mobility may be submitted by the Hungarian host entity as well, provided that the client has consented in writing. In that case the immigration authority may communicate with the employer as well, however, the client will be notified of all procedural steps taken.

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. At the time of submitting the application the applicant shall produce his/her valid travel document. Where the application for residence permit is submitted through the host entity, the client is nevertheless required to appear in person before the competent authority, when so requested by the authority, for the purpose of data processing and for carrying out other procedural steps.

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.

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 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 residing in the territory of Hungary, holding a residence permit issued for the purpose of an intra-corporate transfer may submit an application for residence permit (permit for long-term mobility) for the purpose of intra-corporate transfer, and any family member lawfully residing in Hungary with a third-country national holding such permit may submit an application for residence permit in Hungary, provided that their residence permit issued by the first Member State is valid.

The competent authority shall examine the application for residence permit for the purpose of intra-corporate transfer and permit for long-term mobility in a single application procedure, and the decision on the merits will be adopted within sixty days from the date of submission of the application. 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.

Please, click here to access detailed information on the single application procedure.

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.

The application for permit for long-term mobility must be submitted at the latest 20 days before the long-term mobility starts, or 20 days before the end of lawful residence, in possession of valid residence permit issued by a Member State of the European Union and a valid travel document.

The 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. 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

 

In case of refusal, the decision may be appealed within 8 days of delivery, submitted with 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 first instance shall dismiss the appeal without any examination as to merits. The administrative service fee for the appeal is EUR 20 if submitted at a diplomatic or consular mission, payable primarily in EUR or other convertible currency, exceptionally, in the currency of the State where the application is submitted, or HUF 5,500 if submitted in Hungary, 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 15 completed.

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 15

-          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 15

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

 

 

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

The purpose of entry and stay may be verified by a contract of employment between the third-country national and the business party established in a third country, or a letter of authorisation that contains:

a) evidence of employment within the same company or group of companies, from at least three up to twelve uninterrupted months immediately preceding the date of the intra-corporate transfer in the case of managers and specialists, and from at least three up to six uninterrupted months in the case of trainee employees;

b) the remuneration as well as other terms and conditions of employment granted during the intra-corporate transfer;

c) the position of the third-country national;

d) evidence that the third-country national will be able to transfer back to an entity belonging to that company or group of companies and established in a third country at the end of the intra-corporate transfer;

e) a statement declaring that all conditions in the law, regulations and/or sectoral collective agreements applicable to posted workers in a similar situation in the relevant occupational branches are met with regard to terms and conditions of employment.

 

Additionally, applications for residence permits for the purpose of intra-corporate transfer (and for long-term mobility) must be accompanied by:

·        evidence that the Hungarian host entity and the company established in a third country belong to the same company or group of companies;

·        evidence, in the case of executive employees and specialists, that the third-country national has the university degree or vocational training, or in the case of trainee employees, the university degree required;

·        statement issued by a Hungarian host entity evidencing that the executive employee or specialist has the experience needed for the intra-corporate transfer,

·        a statement made out by the business party established in a third country of the planned duration of the intra-corporate transfer to Member State of the European Union.

 

DOCUMENTS IN PROOF OF MEANS OF SUBSISTENCE IN HUNGARY

In proceedings for the issue of a residence permit for the purpose of intra-corporate transfer (and permit for long-term mobility), subsistence shall not be considered verified if the applicant third-country national does not have sufficient resources for himself and his family members not to become a burden on the social assistance system of Hungary during their period of residence.

The following documents are accepted for evidencing subsistence:

l      income certificate issued by the employer or prior agreement or contract of employment

l      other document (e.g. bank account balance statement)

 

DOCUMENTS PROVING THE EXISTENCE OF HUNGARIAN ACCOMMODATION

In the notification of accommodation the third-country national shall enclose the accommodation registration form, prescribed by specific other legislation, signed by the lawful holder of the real estate property.

 

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.

 

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.

 

VALIDITY PERIOD

The minimum period of validity of the residence permit for the purpose of intra-corporate transfer shall be at least one year or the duration of the transfer. Of the two periods the shorter one shall be considered as the period of validity of the residence permit.

The maximum period of validity of the residence permit for the purpose of intra-corporate transfer shall be maximum three years for executive employees and specialists and one year for trainee employees.

The maximum period of validity of the residence permit for the purpose of intra-corporate transfer shall be maximum three years for executive employees and specialists and one year for trainee employees, and may be renewed for such (three and one- year) periods for the purpose of intra-corporate transfer.

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.

      A third-country national who has a valid residence permit issued by another Member State of the European Union for the purpose of an intra-corporate transfer and holds a valid travel document, and whose entry or residence does not represent a threat affecting public policy, public security or national security, or public health of Hungary, shall have the right:

1.    to move freely within the territory of the Member States of the European Union, and to enter and reside in Hungary for a planned duration not exceeding ninety days;

2.    to work in the framework of an intra-corporate transfer without a special permit at a host entity in Hungary.

·      In proceedings for the issue of a residence permit for the purpose of intra-corporate transfer, the third-country national shall forthwith notify the competent regional directorate of any changes in the documents enclosed with the application in so far as the combined authorisation is issued.

·      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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