Bevándorlási és Állampolgársági Hivatal

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CONTENT

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

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;

·      who has a valid travel document;

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

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

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

·      who 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, 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 provided for in other legislation, and from at least three up to six 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 manager or specialist or, in the case of a trainee employee, the university degree required;

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

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

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

·      who 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:

·      able to provide 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;

·      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 be a threat to public policy, public security or public health, or to the national security of Hungary;

·      a SIS alert has not been issued for the purposes of refusing his/her entry; 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 contract for employment relationship carries no insurance;

·      he/she has sufficient resources for him/herself and his/her family members not to become an unreasonable 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 carrying out scientific research;

·      to a third-country national who, under agreements between the European Union and its Member States and third countries, enjoys rights of free movement equivalent to those of Union citizens or is 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: 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.

 

Intra-corporate transfer: the temporary secondment for occupational or training purposes of a third-country national who, at the time of application for residence authorisation for an intra-corporate transferee, resides outside the territory of the Member States of the European Union, from a company established outside the territory of a Member State of the European Union and to which the third-country national is bound by a work contract prior to and during the transfer, to an entity belonging to the company or to the same group of companies which is established in that Member State, and, where applicable, the mobility between host entities established in one or several second Member States.

Intra-corporate transferee: any third-country national who resides outside the territory of the Member States of the European Union at the time of application for an intra-corporate transferee permit and who is subject to an intra-corporate transfer.

 

Manager: a person holding a senior position, who primarily directs the management of the host entity, receiving general supervision or guidance principally from the board of directors or shareholders of the business or equivalent; that position shall include: directing the host entity or a department or subdivision of the host entity; supervising and controlling work of the other supervisory, professional or managerial employees; having the authority to recommend hiring, dismissing or other personnel action.

 

Specialist: a person working within the group of companies possessing specialised knowledge essential to the host entity’s areas of activity, techniques or management; in assessing such knowledge, account shall be taken not only of knowledge specific to the host entity, but also of whether the person has a high level of qualification including adequate professional experience referring to a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession.

 

Trainee employee: a person holding a certificate evidencing higher education or a university degree who is transferred to a host entity for career development purposes or in order to obtain training in business techniques or methods, and is paid during the transfer.

 

Host entity: the entity to which the intra-corporate transferee is transferred and that is established, regardless of its legal form, as a legal person in accordance with national law.

 

Intra-corporate transferee permit: a residence permit entitling its holder to reside and work in the territory of the first Member State and, where applicable, of second Member States, under the terms of national law.

 

Permit for long-term mobility: a residence permit entitling the holder of a residence permit issued to the holder of an intra-corporate transferee permit to reside and work in the territory of the second Member State under the terms of national law.

 

Group of companies: two or more companies recognised as linked under national law in the following ways: a company, in relation to another company

·        directly or indirectly, holds a majority of that company’s subscribed capital;

·        controls a majority of the votes attached to that company’s issued share capital;

·        is entitled to appoint more than half of the members of that company’s administrative, management or supervisory body; or

·        the companies are managed on a unified basis by the parent company.

 

First Member State: the Member State of the European Union which first issues a third-country national an intra-corporate transferee permit.

 

Second Member State: any Member State in which the intra-corporate transferee intends to exercise or exercises the right of mobility within the meaning of national law, other than the first Member State.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Requirements: the completed form 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.

Additionally, be advised that the 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 way of 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 authorized 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 that procedure.

 

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.

If the regional directorate approves the application for residence permit, it authorizes 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 shall submit the 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 shall submit the application for residence permit in Hungary, provided that their residence permit issued by the first Member State is valid.

 

If the competent authority evaluates an application for residence permit for the purpose of intra-corporate transfer and an application for permit for long-term mobility in a single application procedure, the decision on the merits will be adopted within 60 days from the date of submission of the applications.

 

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.

A third-country national who has a valid residence permit issued by a 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:

·        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;

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

 

The application for long-term mobility shall be submitted at least 20 days before the long-term mobility starts, or at least 20 days before the third-country national’s residence permit issued for the purpose of intra-corporate transfer in any Member State of the European Union, or lawful residence in possession of a valid travel document expires.

 

The fee charged for the procedure for issuing a residence permit is EUR 60 if submitted abroad, or HUF 18,000 if submitted in Hungary. The fee charged for the extension of a residence permit is HUF 10,000, payable by the applicant in the form of revenue stamp.

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 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 on the following link to download the form required for submitting the application:

Forms optimized for Microsoft Word to be completed electronically:

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

- Registration Form for Short-term Mobility within the Framework of Intra-corporate Transfer

- Application to Replace Residence Document
- Application to Substitute Residence Document

 

Forms available for downloading in PDF format, to be filled out manually:

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

- Registration Form for Short-term Mobility within the Framework of Intra-corporate Transfer

- Application to Replace Residence Document
- Application to Substitute Residence Document

 

MANDATORY ENCLOSURES

DOCUMENTS EVIDENCING THE PURPOSE OF RESIDENCE

The purpose of entry and residence may be verified by a contract of employment between the third-country national and the company established in a third country, or a letter of authorization that:

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

c) contains the third-country national’s position;

d) provides 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) contains a statement declaring that all conditions in the law, 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, the following shall also be enclosed with the application for the issue of a residence permit for the purpose of intra-corporate transfer (and a permit for long-term mobility):

·        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 managers 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;

·        a statement issued by a Hungarian host entity evidencing that the manager or specialist has the experience needed for the intra-corporate transfer; and

·        a statement made out by the company established in a third country of the planned duration of the intra-corporate transfer to Member States 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 him/herself and his/her family members not to become an unreasonable burden on the social assistance system of Hungary during their period of residence.

 

Means of subsistence may be verified by the following:

–      income certificate issued by the employer, or contract of employment, or letter of authorisation

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

 

DOCUMENTS ON 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 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.

 

During the process, the immigration authority may request further documents, apart from the mandatory enclosures, for ascertaining the relevant facts of the case.

 

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 three years for managers and specialists and one year for trainee employees.

The period of validity of the residence permit for the purpose of intra-corporate transfer may be extended within the maximum period (three years for managers and specialists and one year for trainee employees) and only up to that period (three-year and one-year) for the purpose of intra-corporate transfer.

However, the validity of the travel document should also be taken into consideration, in that the authorised duration of residence is to be determined ascertaining 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.

 

ACCURED 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 a Member State of the European Union for the purpose of 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.

·      If a third-country national with a residence permit gives birth to a child who is a third-country national in the territory of Hungary, the third country national shall report such birth with the following information enclosed:

·      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 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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