Bevándorlási és Állampolgársági Hivatal

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CONTENT

Residence Permit for the Pursuit of Gainful Activity

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 may be issued for the pursuit of gainful activity to third-country nationals whose purpose of residence is:

·        to lawfully perform work in a self-employed capacity for remuneration;

·        to engage in any activity in the capacity of being the owner or manager of a for-profit business association, cooperative or some other legal entity, or as a member of the executive, representative or supervisory board of such entity.

If the third-country national is engaged in any activity in the capacity of being the owner or manager of a for-profit business association, cooperative or some other legal entity, or as a member of the executive, representative or supervisory board of such entity, and – apart from such activity – he/she plans to perform actual work (in any traditional job or position) in that company, an application for residence permit for the purpose of employment has to be submitted, that will be assessed in a single application procedure.

 

Please, click here to access detailed information on the procedure relating to an application for residence permit for the purpose of seasonal employment.

 

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

 

DEFINITIONS

Third-country national

Stateless person

 

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.

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.

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.

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, 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, 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.

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 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. 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 competent immigration authority shall adopt a decision concerning the application within 21 days.

The competent immigration authority shall deliver the document evidencing right of residence 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 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 7 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 7

-          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 7

-          Application for Replacement Residence Document

-          Application for Substitute Residence Document

 

MANDATORY ENCLOSURES

DOCUMENTS VERIFYING THE PURPOSE OF RESIDENCE

If a third-country national plans to lawfully perform work in a self-employed capacity for remuneration, the purpose of stay may be verified by:

l      a private entrepreneurial license, or failing this a private entrepreneur register number;

l      a business plan for economic activities;

l      a small-scale agricultural producer’s license;

l      a personal service contract, contract for professional services or a use contract entered into as a private individual; or

l      other reliable means.

 

If the third-country national plans to engage in any gainful activity in the capacity of being the owner or executive officer of a for-profit business association, cooperative or some other legal entity, or is a member of the executive, representative or supervisory board of such entity, the purpose of entry and residence shall be considered verified if:

·        the business association, cooperative society or other legal entity established to engage in gainful operations (hereinafter referred to collectively as “business association”) actually employs at least three Hungarian citizens or persons with the right of free movement and residence in full time employment for at least six consecutive months, legitimately, without any interruption; or

·        the residence of the applicant third-country national in the territory of Hungary is essential for the business association, and the business plan enclosed with the application contains sufficient information to ascertain that the business association will prosper to ensure the applicant’s subsistence. The contents of the business plan must be verified by credible means, such as, in particular, by supplying a works contract, a personal services contract, an agreement, or a supply or sales contract.

 

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 and extension 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.

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 for a residence permit granted for the pursuit of gainful activity is maximum three years, and it may be extended by maximum three additional years at a time.

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 keep 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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